Planning enforcement

When you first approach us you should supply as much information as possible about the current and previous situation, including:

• The exact location of the building or site
• The approximate dimension of any new building works
• When the activity started or when it occurs
• The names and addresses of any owners, occupiers or companies involved (if known)
• Your name, address, telephone number and email address
• Any photographs you may wish to submit as part of the report

Your details will be kept confidential and will not be disclosed without your knowledge or consent (we do not process anonymous reports).

We will:

• Acknowledge any complaint made within five working days of receiving it.
• Assign your complaint to an enforcement officer for investigation.
• If necessary, visit the property to see what has taken place, what harm it is causing and how it might be resolved. This usually happens within 10 days, although more serious breaches (works to a listed building, or the removal or works to a protected tree) will be visited as soon as possible.
• Where necessary, discuss the matter with a planning officer to decide what, if any, action is to be taken.
• Update you and other parties at key stages of the investigation and inform you of the outcome.

If a breach is identified, the person responsible will be told what’s wrong and what action is required to remedy the breach. In most cases, unless there is serious and immediate ongoing harm to the environment, highway safety or neighbours, the person responsible will be given an opportunity to remedy the breach before the commencement of costly and protracted formal action.

Sometimes the investigation can take some time, for example when trying to find out if a property is being used for business purposes. We may have to serve legal notices on the owners to find out more information. A planning application may also be submitted during our investigations, and these are sometimes referred to as ‘retrospective’ planning applications. If this happens, it will be available for the public to give their views (NB. there are applications such as lawful development certificates where views cannot be sought).

Whilst most planning applications are delegated to officers for determination, retrospective planning applications, like all planning applications are subject to call-in to planning committee by Councillors. This does not mean that the recommendation or decision would change, as government guidelines and regulations are very clear and prescriptive on what is deemed acceptable, but it does mean that it will be considered in public.

No. Planning law allows some types and sizes of buildings, and some changes of use to take place without the need to get planning permission from the Council, and these are sometimes referred to as ‘permitted development’. For example, many domestic extensions and out-buildings to houses are permitted development, we would recommend that those wishing to carry out work under permitted development rights should seek to submit a Lawful Development Certificate before undertaking any works.

If you complain to the planning enforcement team about a building or use being carried out, officers will initially assess whether it requires planning permission. If it is a type or size that does not, perhaps because it is permitted development, then it will not be possible for us to consider taking enforcement action, or to access its acceptability as is done with a planning application proposal, (for example in terms of neighbourliness).

No. It is the responsibility of the person implementing the planning permission to ensure that the works are in accordance with the approved plans. If you suspect that a development is not being built in accordance with the approved plans or conditions you should first check the plans on our planning portal.

It is possible that a non-material minor amendment may have been agreed by planning officers following the grant of planning permission although, as the name suggests, this would normally involve modest alterations and would not usually mean that the development is being made larger or additional windows inserted at first floor level for examples. If you are still concerned that the works being undertaken are not in accordance with the approved plans, then you should report a potential breach at the earliest opportunity so that the works can be inspected. It will be necessary for you to tell us why the works do not comply with the approved planning permission, e.g. roof is too high, additional windows inserted, etc.

Although we do not condone building anything that is different to a proposal that has planning permission and it is extremely unwise and risky to do so, planning permissions do not represent the only form of proposal on that site that may be acceptable to the authority. Therefore, enforcement action would only be taken against a different and unauthorised building to that previously approved if it was considered to result in an unacceptable harm.

Significant harm that results from a breach in planning control could concern residential amenity or highway safety issues. Examples of significant harm could include noise nuisance, loss of daylight or privacy, or danger from increased traffic flows.

The following are NOT examples of harm:

• Loss of value to a neighbouring property
• Competition to another business
• Loss of an individual’s view or trespass onto someone else’s land.

It may be possible to address issues such as these by way of civil action, although this is a matter for the individual to pursue and is not an area where we would be involved.

If we find that a breach of planning control has occurred and is causing harm, we can:

• Request that changes are made to the development so that it is acceptable in planning terms
• Request that details required by a planning condition are submitted or implemented
• Ask for a retrospective planning application to be submitted to regularise the site (this will give us the opportunity to consult on the development and we can impose controls through the use of conditions)
• Request that construction work stops or that an unauthorised use ceases

A breach of planning control is defined by the Town and Country Planning Act 1990 (as amended) 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’.

We always seek to resolve complaints without having to resort to formal enforcement action, as advised by government guidelines. However, if an unacceptable breach continues then we will consider using formal enforcement powers.

Formal action can involve issuing one of the following notices:

• Planning contravention notice
• Enforcement notice
• Breach of condition notice
• Temporary stop notice
• Stop notice
• Section 215 untidy land notice
• Requisition for information notice

It is not a criminal offence to do something without planning permission, however carrying out unauthorised works to a listed building, the unauthorised display of advertisements or damage to a protected tree is a criminal offence. However, if a notice is served and is not complied with, it does become a criminal offence and is likely to lead to us considering further action, such as:

• Prosecution
• Direct action, such as the demolition of an unauthorised structure
• Injunction

We will keep your details confidential during the investigation.

We may request permission to disclose your details if we take legal action through the courts, as we cannot provide witness accounts on the behalf of a third party - this is known as 'hearsay'

However to minimise that need, our officers will always endeavour to witness breaches themselves so that they can provide the evidence for the court action. If this isn’t possible, we will seek your agreement to disclosure and this can be withheld, but it might mean that we won’t be able to take forward the prosecution.

We will visit you to discuss the matter. In brief you are advised to:

• Immediately stop work on the development until a course of action has been discussed and agreed with us
• Respond promptly to any correspondence you receive, which might include a legal notice to provide us with more information

We recognise that genuine mistakes are at times made, and the vast majority of enforcement complaints are resolved without the need for any formal action. We will always advise you on the best course of action to resolve this issue as soon as possible.

Some extensions to residential properties may not need planning permission. It can depend on a number of factors, such as the size and height of the extension, the position in relation to the road and whether there have been previous extensions to the property. You can check on Planning portal

This type of notice can be served where a condition imposed on a planning permission has not been complied with. The notice sets out which conditions have not been complied with, states what action is required and gives a period for compliance.

It takes effect immediately from when it is served and it is a criminal offence not to comply with any requirement. The only right of appeal is to the high court. In the event of non-compliance, the council can take legal proceedings in the magistrates' court who can impose a fine of up to £1,000 on summary conviction.

Enforcement action must be taken within 4 years in relation to the erection of buildings, and within 10 years in relation to changes of use (unless it relates to the change of use to a dwelling), and breaches of conditions. There is no time limit for the enforcement of breaches of listed building legislation.

If the noise relates to a breach of planning control, e.g. running a business from home without planning permission when it is required, then it will be considered by the Enforcement Team during their investigation. Noise is a material planning consideration, and the Council may refuse planning permission if the level of noise generated is deemed to be harmful to the amenities of neighbouring properties.

The Council’s Environmental Protection Team, contactable via EP@gravesham.gov.uk, is responsible for investigating statutory nuisance, including noise, and may carry out their own investigation. If the Planning Enforcement Team has already taken action to secure the cessation of a noisy activity then the Environmental Protection Team will normally wait for the outcome of that investigation before taking their own action, although in extreme cases, they may also consider it necessary to issue a noise abatement notice.

Noise generated as a result of construction work would be a matter for our Environmental Protection team to investigate, unless it is covered by a planning condition (normally for major development only).