Breaches of Planning Control
A breach of planning control is when development takes place without the necessary consent from the council. Examples include:
- undertaking building works without planning permission
- changing the use of a building without planning permission (e.g. from house to a shop)
- building an extension not in accordance with the approved plans of a planning permission
- not complying with the conditions of a planning permission (e.g. a restaurant staying open until 1am when a condition requires it to close at 11pm)
- display of advertisement boards/hoardings without consent
- works to protected trees without consent
- alterations to listed buildings without consent
It is not an offence to carry out unauthorised works without the consent of the council (except those on listed buildings and protected trees or the display of advertisements). However, you are at risk of enforcement action being taken by the council if the unauthorised development is judged to be harmful.
What is not a breach of planning control?
The Planning Enforcement team often receives complaints about matters which are not covered by the planning laws. Examples include:
- internal building works on properties (these works may require building regulations, contact the Building Control Team for more information)
- disputes about boundaries, damage to private property and blocking rights of way (these are civil matters which can only be resolved by the parties concerned)
- loud noise (contact the Noise Pollution Team)
- fly tipping (contact the Streetscene Enforcement Team)
- graffiti (contact the Streetscene Enforcement Team)
- fly posting (contact the Streetscene Enforcement Team)
- builders’ working hours (contact the Noise Pollution Team)
- health and safety on building sites (contact the Health and Safety Executive)
- rubbish on public highways (contact the Streetscene Enforcement Team).
There are some forms of development which can be carried out under ‘permitted development’ rights (see below). If a development is classed as ‘permitted development’, planning permission is not required and the council has no powers to control the development.
Permitted Development
Some building works and changes of use are described as ’permitted development‘ under the remits of The Town and Country Planning (Permitted Development) Order 1995.
Most single dwellinghouses benefit from permitted development. This means that certain alterations and extensions to a house can be carried out without needing planning permission. For further information, please click here to visit the Planning Portal website.
Please note, flats do not benefit from permitted development rights. The council also has the power to remove permitted development rights under Article 4 directions.
Click here to report a suspected breach of planning control.
