Planning Enforcement Service

Frequently Asked Questions

Is my building listed?
A copy of the Statutory List of Buildings of Architectural or Historic Interest is held in the Planning Office at the Civic Offices. You are welcome to visit the offices and view the list or to telephone with any questions relating to your building within normal office hours. A building that lies within the curtilage of, or is attached to a listed building can also be a listed. Deciding which buildings are listed for this reason is not always straightforward. If you are in doubt as to whether your building may fall into this category you should contact a Planning Officer who can advise you further.



Remember that a listed building can include structures other than buildings such as walls and gate pillars.



How old is my listed building?
The statutory List of Buildings of Architectural or Historic Interest does contain detailed information concerning the age of some buildings although in most instances gives just a broad indication of the date of construction (eg, late 18th Century). The council does have additional information on some of the more important listed buildings in the borough and copies of old maps. If you are interested in researching your property or finding out more about the history of your local area these are some good starting places for material and advice;



Westbury Manor Museum -West Street, Fareham, Hants

Tel: 01329 824895 - Westbury Manor Museum Website (this is an external hyperlink)



Hampshire Record Office - Sussex Street, Winchester, Hants, SO23 8TH

Tel: 01962 846154 - Hampshire Record Office Website (this is an external hyperlink)



Fareham Library Fareham Hampshire

Tel: 01329 282715 - Fareham Library Website (this is an external hyperlink)



What is a listed building?
A listed building is a building of special architectural or historic interest included in a list approved by the Secretary of State. A copy of the list for Fareham can be seen at the Department of Planning and Development. The term ''listed building'' includes:

both the interior and exterior of a building whatever the grade
any objects or structures fixed to the building
Structures within the boundaries of the property, such as boundary walls, outbuildings, gates, lamp posts and even garden statues which, although not fixed to the building, form part of the land and have done so since before 1st July 1948.





What is the Local List?
Many buildings have local architectural or historic interest or a local historical association but are not of sufficient merit to justify inclusion on the statutory list. The planning department keeps a list of locally important buildings and has drafted policies for their protection in the Fareham Borough Local Plan Review. Locally listed buildings do not enjoy the protection of statutory listing but the council will encourage their retention and continued use provided development proposals do not harm their character or setting.





Which buildings are listed?
Britain has a wide variety of historic houses, churches, agricultural, industrial and commercial buildings which contribute to the historic character of many of our cities, towns and villages. The need to preserve them is recognized in the statutory listing process.



The ''Statutory List of Buildings of Special Architectural or Historic Interest'' is compiled by the Department for Culture Media and Sport with the guidance of English Heritage and is approved by the Secretary of State. The list contains many different types of building which can be listed because of their age, rarity, architectural merit or owing to their method of construction. Interesting groups of buildings may also be listed. Occasionally a building can be listed because it has a close historical association with either a particular person or an important event.



What do the different grades mean?
Buildings on the list are graded to show their relative architectural or historic interest.

Grade I are of exceptional interest
Grade II* are particularly important buildings of more than special interest
Grade II are of special interest warranting every effort to preserve them
Grades I and II* represent approximately 6% of listed buildings nationally.



What do the Planning Enforcement team do?
The team investigates allegations of breaches of planning control including:

unauthorised development, or uses;
unauthorised works to a listed building - both internal and external works;
unauthorised display of advertisements;
non-compliance with conditions of planning permissions; and,
untidy sites where these are considered detrimental to local amenity
unauthorised work to trees which are protected or are located in conservation areas
N.B Works to trees which are protected or are located in conservation areas without the consent of the local planning authority is an offence.

What is the extent of planning controls?
Planning controls relate to any development. The definition of ''development'' for the purposes of the Town and Country Planning Act 1990 is considered to include "carrying out of building, engineering, mining or other operation in on or under land or the making of a material change of use of any building or other land".



(N.B all mining and waste planning issues are dealt with by the County Council).





Do you require planning permission for all development?
No, many minor developments are exempt from the need for planning permission by the Town and Country Planning (General Permitted Development) Order 1995. You should always contact the local planning authority to find out if you need planning permission before commencing any development

Is it an offence to undertake development without permission?
No, under the Act it is not considered to be an offence to fail to comply with planning controls, although you are advised to contact the local planning authority prior to carrying out works which might require approval. Should a local planning authority consider it expedient to issue an enforcement notice against a development which is unauthorised then non-compliance with this notice is an offence, for which the maximum fine is £20,000.



What happens if a condition on a planning permission is not complied with?
The local planning authority has the power to issue a breach of condition notice against which there is no right of appeal. It is an offence not to comply with such a notice. This offence maybe prosecuted in the magistrates court with a maximum fine of £1,000.



Is it an offence to undertake works to a listed building?
Yes, if these works are considered to affect the character and integrity of the building.

Is it an offence to display an advertisement without consent
Some advertisements are exempt from the need for express advertisement consent. Advertisements which do not require consent are those which enjoy deemed consent under the provisions of the Town and Country Planning (Control of Adverts) Regulations 1992. Booklets and advice can be obtained from the Local Planning Authority.





What information is required for an alleged breach to be investigated?
Address of land or building where breach alleged
Details of alleged breach
Complainant contact name and address and telephone number.
Any additional relevant information/other interested parties


How do I report an alleged breach?
by completing and submitting a Complaint Form which can be found on this page on the website. http://www.fareham.gov.uk/council/departments/devcontrol/complaint.asp. Please note that you will be required to provide your name, address and telephone number for any complaint to be investigated. Your details will be kept confidential. Complaints can also be made in writing to the address shown below.

Department of Development Control
Fareham Borough Council
Civic Offices
Civic Way
Fareham
PO16 7TT



What are the stages of an investigation?
Complaint registered and acknowledged - 4 days
First site visit made - 10 days
Complainant will be kept informed of progress with investigations.


What action may be taken where a breach of planning controls is found to be occurring?
Once a complaint has been investigated and a breach identified, depending on the severity of the breach a number of things may happen:

negotiate a satisfactory solution
seek a retrospective planning application
if no application is forthcoming or the breach is serious then an enforcement notice may be issued
In the case where significant harm is being caused by the breach it may be appropriate to issue a stop notice in conjunction with an enforcement notice or seek a legal injunction to stop the unauthorised activities.



It is important to note that the enforcement of Planning Control is a discretionary power and in some circumstances it may not be expedient to take action



Is there a right of appeal?
On an enforcement notice, listed building enforcement notice and an advert discontinuance notice, there is a right of appeal. The appeal is made to the Planning Inspectorate.

Is there a period after which development becomes immune from enforcement action?
Yes, The period within which planning enforcement action can be taken is limited to:

4 years for operational development and change of use to any building for use as a single dwelling house
10 years for all other changes of use and breaches of conditions
If you wish to confirm that development is immune from planning enforcement action, you are advised to make an application for a Certificate of Lawfulness.



Is there a period after which development becomes immune from enforcement action?
Yes, The period within which planning enforcement action can be taken is limited to:

4 years for operational development and change of use to any building for use as a single dwelling house
10 years for all other changes of use and breaches of conditions
If you wish to confirm that development is immune from planning enforcement action, you are advised to make an application for a Certificate of Lawfulness.



Do I need planning permission?
If you need the Council''s advice on whether you need planning permission, print off and complete one of the three forms appropriate for your proposal and forward it to us. Email us on planningadvice@fareham.gov.uk, telephone 01329 236100, send a facsimile to 01329 821500 or send the details by post and we will advise you if you need Building Regulations Consent or planning permission.


How much will my planning application cost?
A list of fees is available on the Planning Portal (External Link). You will be able to work out the fee for your planning application using this.

How long does it take to make a decision on my planning application?
The Council makes a decision on most planning applications within eight weeks. You may make an appeal to Government if we have not sent you the decision within the expiry date in our letter acknowledging your application (usually eight weeks from receipt, but thirteen weeks for some major applications).





Can I view planning applications?
You can see the details of current and recent planning applications together with documents and decision notices at the online planning page.



What are your opening hours if I need to speak to a planning officer?
The Council offices are open on Monday to Friday between 08.45 and 17.15 (16.45 on Friday). A duty planning officer is available to answer questions from telephone callers and visitors between 09.00 and 13.00. If you have a question that needs research, you should print off and submit details on the planning advice enquiry forms on our website.



Will you investigate development my neighbour is carrying out? will you tell my neighbour I complained about them?
Complaints of breaches of planning control (e.g.: building work or new uses of land in the absence of necessary plannning permission or not as shown on the planning permission, ignoring conditions of planning permission) are dealt with by the Planning Enforcement Team. You will need to give us your name and contact details as we will not take action on anonymous complaints; however, we will treat your complaint in confidence.

Why do I need planning permission when many people have built similar things without encountering problems?
Planning permission may not be needed in every case. Some works are not counted as develoment (e.g.: general painting and decorating); other carefully defined kinds of development, particularly for works to dwellinghouses or in their gardens, are granted general permission by the government so they don''t need a specific planning permission. (NB: These entitlements may be withdrawn by planning condition of earlier planning permissions or by a direction for specific classes of development in specific areas:- Articles 3 and 4 of the Town and Country Planning General Development Procedure Order 1995). If your development does not fall into those categories, you will need to apply for planning permission.