Report the breaking of planning rules

The role of the Planning Enforcement team is to deal with alleged breaches of planning regulations that are reported by members of the public, councillors or other departments of the council.

The team also monitors conditions that have been imposed upon planning permissions, and checks that development is being built in accordance with the planning permission.

Local planning authorities have discretion to take enforcement action, when they regard it as expedient to do so having regard to the development plan and any other material considerations. The council's decision to take enforcement action is discretionary and each decision to do so has to be justified as ‘proportionate' and ‘expedient'. This means that any action must be appropriate to the amount of harm caused by the alleged breach. Planning enforcement action cannot be taken simply because there has been a breach, particularly where this results in limited or no harm to local amenity

The Planning Enforcement team can consider issues including:

• Unauthorised display of an advertisement: Not all advertisements require consent. Get further information on the need for consent.
• Breach of conditions: This includes development that is not built in accordance with approved plans. Where reports relate to conditions restricting either hours of construction or operation, diary sheets will be sent out for completion by the person reporting.
• Untidy land where its condition adversely affects the amenity of the area: In most cases land would need to be visible from a public vantage point for it to be considered that its condition is adversely affecting the amenity of the area.
• Unauthorised works to trees, where they are protected by a Tree Preservation Order or are located in a conservation area: Tree Preservation Orders and conservation areas are identified on the council’s interactive maps.
• Works which do not have planning permission: Not all works require planning permission. Get further information on the most common projects and whether planning permission is required.
• Unauthorised works to nationally listed buildings: Nationally listed buildings are identified on the council’s interactive maps.
• Unauthorised change of use: Not all changes of use require planning permission. Get further information on changes of use and the need for planning permission.

Not all development requires consent. A great deal of building work and changes of use can be undertaken without the need for planning permission. This type of development is commonly referred to as ‘permitted development'.

A breach of planning control occurs where planning permission is not obtained before development takes place (where it is not permitted development). It is not an offence to carry out development without any necessary planning permission.

The display of advertisements and works to protected trees or nationally listed buildings which have taken place without the relevant consent are however criminal offences and can be prosecuted in the magistrates' court or a higher court. Such breaches can result in significant fines, an award of costs against the perpetrator and potentially a prison sentence.

Complainants must provide their name and address before any alleged breach can be investigated. This will enable the council to contact the complainant if any further information is required and enables the council to update the complainant about the outcome of its investigation. The complainant's details will be kept confidential. It is however possible, that the person who is the subject of the submitted report may draw their own conclusions about the source of such reports. Anonymous submissions will not be accepted.

In some cases, it may be necessary to rely on evidence from complainants in order to take action and you will need to consider whether you are willing to actively assist the council by collecting evidence and acting as a witness at an appeal or in court. The Investigating Officer will explain what may be required of you in these cases.

What information is required for an alleged breach to be investigated?

The Local Planning Authority has a finite resource to deal with planning enforcement matters. All submitted reports to investigate an alleged breach of planning regulations should include a reasonable amount of evidence / information to ascertain that there may be a breach of planning regulations. Reports that include limited or vague evidence that there may be a breach of planning regulations will not be investigated.  
 
This will ensure that public resources are not spent unnecessarily investigating hoax or malicious complaints. Repetitive, unreasonable, persistent or vexatious reports will not be investigated (unless there is clear evidence of harm). Reports received about a previously closed case will not be re-opened. If new evidence is provided a case will be opened, but the council is unable to commit to monitoring a site indefinitely. 
 
The Local Planning will not investigate reports based on speculation or what may be planned and where no actual breach of planning regulations has taken place. 
 
Submitted reports should include:

• The address of the land or buildings where the alleged breach has taken place. If the report relates to land the exact location of the land must be included. 
• The date when the alleged breach occurred or when it was first noticed, this is important and should be as precise as possible. The Local Planning Authority are bound by legislative time limits for taking planning enforcement action.  
• Details of the alleged breach, a clear description of the alleged breach must be identified. Where possible any relevant dimensions of building works should be included. 
• The name and address of the person reporting the alleged breach. If you are reporting on behalf of another person you must include their name, address and contact information. 
• Details of how the alleged breach is causing harm, this is important so that the level of any harm arising from the alleged breach can be assessed . 
• Please include photographs if you are able to do so. 
• Any additional information that may be relevant to the investigation or details of other interested parties. 
• Whether you are willing to be a witness for any future appeal or court proceedings. 

What are the stages of an investigation?

• All submissions go through a triage process, which includes a site history search. Cases may be closed at the triage stage where the report does not relate to a planning matter, where another department is best placed to deal with the matter, or where there is no obvious breach of planning regulations. The complainant will be advised by email if a case has been closed during the triage process. 
• If, following the triage stage a case is created for further investigations it may be necessary to ask the person reporting to complete diary sheets to support their submission. The completion of diary sheets is required where the alleged breach relates to:
  • the breach of conditions for construction hours
  • the breach of conditions for hours of opening
  • operating a business from a residential dwelling where planning permission may be required
  • any other matter where diary sheets may be deemed necessary
• Enforcement cases are prioritised high and medium according to the nature of the alleged breach and the degree of harm caused. Individual cases may be re-prioritised as the investigation proceeds.
• Research on the property will be carried out, including the planning history. Where necessary, enquiries will be made in order to establish the details of the owner or anyone with an interest in the land.
• Where necessary, a site visit will be carried out (in the instance of high priority cases the initial site visit may be carried out with minimal research).
• An initial response will be provided to the person who reported the alleged breach and if appropriate also to the person carrying out the development.
• Specific details of an investigation will not be shared with any party.

The investigation of enforcement cases can be a lengthy and complex process. Enforcement cases vary considerably in complexity as does the time taken for their resolution. If those responsible for any alleged breach do not co-operate with the investigating officer this will add to the amount of time it takes to resolve the matter. 

Prioritisation

The following criteria will be applied to the prioritisation of enforcement cases:

High priority

• work that causes a danger to the public
• significant works including alteration of or damage to nationally listed buildings
• unauthorised works to trees that are protected by a Tree Preservation Order or that are within a conservation area
• any other development that causes irreversible harm

We aim to make an initial response to the complainant within 21 days of the receipt of the submitted report.

Medium priority

• unauthorised works, or breaches of condition, that are considered to cause a significant harm to amenity
• councillor or MP referrals
• significant development within a conservation area
• all other development

We aim to make an initial response to the complainant within 35 days of the receipt of the submitted report.

Investigating officers will provide updates at the following key stages of an investigation. Officers do not have the capacity to provide regular updates but this does not mean that the investigation is not progressing. 

Enforcement officers will provide updates at the following stages:

1. Initial response
2. When the case is closed
3. If a planning application is submitted, as a result of the enforcement case
4. If formal enforcement action is taken
5. If an appeal against formal enforcement action is made
6. If the matter results in prosecution

If the investigation is concluded within 21 days or 35 days, depending on the case priority, the case officer may dispense with the initial response.

Initial responses

An initial response may include one of the following responses:

• There is no planning breach, and the case will be closed
• There is a planning breach, but it is not expedient to take formal planning enforcement action and the case will be closed
• Further investigations are required to ascertain whether a breach has occurred
• There is a planning breach which will be investigated further

What action is taken where a breach of planning regulations is found to have taken place?

Once an alleged breach has been investigated and a breach identified, there are a number of options available, depending on the severity of the breach. The council may:

• negotiate a satisfactory solution.
• seek the submission of a retrospective planning application.
• if no application is forthcoming or the breach is serious then the council may decide to serve an enforcement or other notice, which will require works or actions to be undertaken, in order to remedy the breach. The individuals or organisations on which a notice is served may have the option of making an appeal against it.
• if an application is forthcoming, then the planning enforcement case will likely be held in abeyance pending the outcome of the council’s decision. Planning applications are the subject of separate timescales and lie outside the control of the enforcement service. If the planning application is refused, and the planning harm resulting from the breach is significant/serious then enforcement action is likely to proceed as described above.
• no action taken, if the harm resulting from the breach of planning control is ‘minor' or the development accords with local plan policies then no action may be justified. The enforcement of planning control is a discretionary power and the exercise of it must be both proportionate and expedient.

The timescales involved where formal enforcement action is required 

Investigating officers need to balance the investigating of new cases along with taking formal enforcement action where it is expedient to do so. In most instances legal advice is required prior to the taking of formal enforcement action. In addition, the preparation of documents for formal enforcement action is time consuming and where investigating officers have a number of cases that require formal enforcement action to be taken, they will prioritise those cases as follows: 

• Where development will become immune from enforcement action if formal action is not taken within six months; 
• Prosecutions that require the matter to be dealt with in court and within the legislative prescribed timeframe; 
• Cases relating to listed buildings and protected trees; 
• Other cases will be prioritised depending in order of the amount of harm being caused and the number of people affected.

In the majority of cases there will be a period of time between the decision to take formal enforcement action and formal enforcement action being taken. 
 
If an Enforcement Notice or Listed Building Enforcement Notice is served, there is a right of appeal for those who have been served. If an appeal is submitted no further action can be taken by the investigating officer until that appeal has been decided by the Planning Inspectorate. The appeal process can in some instances take several months. The time taken to determine an appeal is beyond the control of the Local Planning Authority.  

If an appeal is dismissed then the Enforcement Notice becomes live once more. If the perpetrator does not then comply with the requirements of the notice, this is a summary offence and he or she may be prosecuted. The period of time that may elapse in order to secure a successful prosecution is outside the control of the Local Planning Authority.

Report a planning breach

This page was last updated on 11 February 2025