Planning Enforcement

The Borough Council has signed up to the principles of the Government's enforcement concordat, which encourages fairness to all organisations involved in regulatory regimes.

On 1 February 2001, the Council formally adopted a policy on planning enforcement. This page outlines the policy and explains the process.

• Contact Names and Numbers
• What is a Planning Breach
• How quickly are Planning Breaches Investigated
• Are complaints kept confidential
• What matters need to be considered before action is taken
• How long does Enforcement Action take
• What can the public do to help
• Charter Standards
• Out of hours emergency

What is a planning breach

Any unauthorised development work which requires planning permission may be a planning breach. This could include the following:

• Carrying out development (building works or the change of use of a property, e.g. from a house to a shop) without planning permission or not in accordance with an approved plan or conditions of an approved plan. This is called 'unauthorised development'.

• Carrying our works to a listed building without Listed Building Consent.

• Displaying a sign or advertisement without Advertisement Consent.

• Felling or carrying our works to a tree which is the subject of a Tree Preservation Order.

Except for works to listed buildings, displaying unauthorised advertisements and felling preserved tress, most breaches of planning control are not in themselves, criminal offences.

The following are examples of activities which are not breaches of planning control and therefore no enforcement action can be taken under the planning legislation.

• Parking of commercial vehicles in residential areas or on grass verges.

• Operating a business from home where the residential use remains the primary use and there is no adverse impact on residential amenity.

• Clearing land of undergrowth, bushes and trees provided they are not subject to a Tree Preservation Order.

How quickly are planning breaches investigated

The Borough Council sees enforcement action as a crucial component of the planning system. All reports of possible breaches of planning control are taken seriously and investigated as quickly as possible. Obviously more serious breaches must be investigated immediately, e.g. felling of preserved trees and unauthorised work to listed buildings. We will try to have all breaches initially investigated within 15 working days subject to the availability of officers.

Are complaints kept confidential?

If you have reported a breach of planning control, details of our complaint will be dealt with in strictness confidence. Your name and address will not be repeated to the person or organisation incolved in the possible breach. Your complaint will be acknowledged by letter when you will be advised of the enforcement case officer. The case officer will act as your point of contact, and will ensure that you are advised of the progress and outcome of the case.

What matters need to be considered before action is taken

The enforcement officer has to consider a number of questions before being in a position to recommend a particular course of action including:-

Does whatever appears to be happening at the property require consent under planning legislation

Many minor building works, including alterations to a building, certain 'change of use' and may unilluminated signs do not require consent from the Borough Council. If this proved to be the case, no action can be taken.

Has permission already been given

Most planning permissions can be taken up at any time within 3 years of being given (this was 5 years prior to 24 August 2005). Once partially implemented, there is no time limit on its final completion. So if you see works taking place but cannot recall a recent planning application, the activities may not necessarily be unauthorised. Enforcement officers will however check that the development is being carried out in accordance with the approved plans and conditions.

Where permission has not been given, are the activities nevertheless broadly acceptable in planning terms

To commence building works or make a change of use without planning permission is not in itself, an offence. Local authorities are required to consider an unauthorised development in exactly the same way as a planning application and can invite an application to regularise the situation, especially if the activity is one which accords with local planning policies and does not create significant local problems. Conditions can be imposed on any consent granted in order to control certain aspects of the building work or use, for example, the materials to be used or opening hours.

Where the activities are undesirable, but controlled by the Borough Council's planning enforcement powers, what is the most appropriate action to take

Local authorities have a wide range of options from which to choose and which one(s) will be used, will depend on the nature of the case. The Borough Council's priorities are to protect amenity, safeguard the built environment and uphold local planning policy in the speediest and most effective way. The Government advises planning authorities only to resort to enforcement action where it is plainly necessary and there is obviously harm or nuisance.

How long does Enforcement Action take

• Government advice is to use persuasion and negotiation in all but the most extreme cases. Often this proves to be the quickest and most effective method of resolving the problem.

• For this reason, the person(s) responsible for the breach is usually advised of the problem, what needs to be done to make matters acceptable and the powers of the Borough Council if they fail to do so. In the majority of cases the contravener will take the necessary action of their own accord.

• All alleged breaches of planning control are reported to the Council's relevant Local Area Committee following investigation. Committee authority to conclude investigations is always obtained where no further action is proposed. Authority has been delegated to the Council's Head of Development Control to authorise enforcement action where the breach is serious and negotiations are not working.

• If persuasion and negotiation are not successful, the Borough Council may then instigate formal action by serving an enforcement or other notice, taking out an injunction or prosecution. Immediate prosecution is only permissable in the case of unauthorised works to a listed building, the unauthorised display of certain advertisements and the wilful destruction of a preserved tree.

• There is a right to appeal to the Planning Inspectorate against an enforcement notice and the submission of an appeal suspends the requirements of the notice. Appeals against enforcement notices may take up to a year to be heard.

• Prosecution can only take place after the failure to comply with the requirements of an uncontested enforcement notice, a breach of condition notice or following the dismissal of an appeal.

What can the public do to help

The assistance of the general public is often crucial to the success of planning enforcement action by the Borough Council. Due to the amount of activity relating to building going on in Eastleigh, both authorised and unauthorised, it would be impossible for the Borough Council to identify all possible breaches of planning control without an army of enforcement officers and at great expense. Most enforcement work is done following receipt of a complaint from the general public, although at the discretion of the Local Area Committee, we do also carry out some spot checks on development sites.

At all stages in the enforcement process, the public's knowledge can supplement that held on official records. When alerting the Borough Council to a possible breach, it is useful to have as much information as possible (preferably in writing) and where appropriate, photographs. This should include the date the activity started, the exact location of the building/part of the building, the names/addresses/telephone numbers of the owners/occupiers/builders/agents and details of the effect that the activity is having on amenity e.g. noise, traffic, smells.

If you wish to make an anonymous complaint, that matter may still be investigated, however it is advantageous if we can contact you to obtain information. Inadequate information may result in the Borough Council being unable to take action. Remember, our enforcement files are confidential.

If an appeal is lodged against an enforcement or other notice, we will notify anyone who informed us of the matter and ask if they wish to submit further information or appear at an inquiry to support the Council's case. The strength of local support can be crucial to the Council's success. However, at this stage, any representations become public documents which are available for public inspection, including the appellant and legal representatives.

Charter Standards

The Council is dedicated to providing a prompt, impartial and efficient planning enforcement service. The Council undertakes to:

• Acknowledge your complain within 5 working days, advising you of your case officer.
• Handle your complaint with the strictest of confidentiality.
• Not disclose your identity to third parties.
• Investigate your complaint within 15 working days (more serious breaches will obviously be investigated sooner).
• Update you in writing at key stages of the investigation.
• Advise you the outcome of the investigation and of any action the Council intend to take to remedy the breach.

Contact Names and Numbers

• Caroline Thomas - Enforcement Team Leader - Tel 023 8068 8246 
• Anna Goodfellow   - Senior Enforcement Officer (pro-active) - Tel: 023 8068 8287
• Andrew George   - Senior Enforcement Officer (re-active) - Tel: 023 8068 8427
• Mark Fletcher   - Enforcement Officer - Tel 023 8068 8353
• Phil Wiseman   - Enforcement Planning Technician - Tel 023 8068 3357
• Heather Dewey  - Enforcement Planning Technician - Tel 023 8068 8448 
• Robert Sims - Enforcement Planning Technician - Tel 023 8068 8369