Planning compliance and enforcement

Planning compliance and enforcement

We investigate complaints about breaches of planning control in East Hampshire.

We will not investigate anonymous complaints.

The details of a complaint will become public, but the identity of a complainant or informant is always treated as confidential.

What is a breach of planning control?

A breach of planning control is defined in section 171A of the Town and Country Planning Act 1990 as:

  • The carrying out of development without the required planning permission; or
  • Failing to comply with any condition or limitation subject to which planning permission has been granted.

Any contravention of the limitations on, or conditions belonging to, permitted development rights, under the Town and Country Planning (General Permitted Development) (England) Order 2015, constitutes a breach of planning control against which enforcement action may be taken.

Breaches usually take one of the following forms:

  • A building is erected, extended or altered without planning permission
  • Work is carried out which does not comply with approved plans
  • A condition imposed on a planning permission is not complied with
  • An unauthorised change of use of a building or land, such as the use of a residential property for business use.

What we do

All complaints are investigated within 10 days, although serious and urgent cases will be investigated within 2 days.

Enforcement action is not mandatory and a breach of planning control is not a criminal offence. The exception to this is if unlawful works take place to listed buildings, protected trees and display of advertisements that need consent from the council.

Every effort is made to resolve matters with the co-operation of the developer or landowner but enforcement action can be a lengthy process, particularly when dealing with an uncooperative owner or developer and where the council has to resort to serving regulatory notices. In many such cases there is the right of appeal which can add up to 12 months to the time taken to resolve matters.

Retrospective applications

Where development has taken place without permission, a retrospective application should be submitted. When development has taken place and has become immune from enforcement action due to the length of time it has been on the site, a lawful development certificate should be applied for.

In some cases when a planning breach has been fully investigated, a decision may be taken not to pursue action because the development is acceptable or has become immune from action.

A formal determination can be provided if appropriate information and evidence is available but this determination does not make the development lawful.

Fees and charges 2016/17

Service
Proposed prices
VAT Rate
Comments
Check whether enforcement notice complied with
£250.00
O
 
Check whether enforcement notice complied with, including site visit
£350.00
O
 
Check whether planning conditions complied/development accords with permission
£145 for first condition
O
First Condition or batch of conditions. Research without a site visit and provision of formal letter. Additional fee of £30 for subsequent conditions.
Check whether planning conditions complied/development accords with permission
£145 for first condition
O
First Condition or batch of conditions. £30 charge for further conditions. If site visit required an additional fee of £240 is payable.
Confirmation that single household permission accords with plans & conditions
£400.00
O
First Condition or batch of conditions. Research with site visit. Service only available within 8 weeks of completion.
Formal determination that enforcement action will not be taken
Various
O
Normal planning fee plus 15%.

Statutory planning application fees

Download the list of fees from the Planning Portal.