About planning enforcement, reporting a possible breach and high hedges
Our planning enforcement team deal with any alleged breach of planning control reported to them. They also monitor conditions imposed on planning permissions and check that a development has been built in accordance with the planning approval.
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.
When will Eastleigh Borough Council take enforcement action?
Our enforcement powers are discretionary and we are not required to take action. We will only take action where there is an unacceptable effect on the built and natural environment and public amenity.
We are required to decide the appropriateness of formal action. This requires deciding whether the unauthorised activities are causing harm, having regard to the development plan policies and other material considerations. This is referred to as an expediency test.