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Planning Enforcement Service

What do we do?

The team investigates allegations of breaches of planning control including:

  1. unauthorised development, or uses;
  2. unauthorised works to a listed building - both internal and external works;
  3. unauthorised display of advertisements;
  4. non-compliance with conditions of planning permissions; and,
  5. untidy sites where these are considered detrimental to local amenity
  6. 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.  For more information on trees.

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).

 

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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.

 

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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.

 

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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.

 

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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.

 

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Is it an offence to display an advertisement without consent? Yes

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.

 

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

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How do I report an alleged breach?

Complaint form.   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.

 

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

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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:

  1. negotiate a satisfactory solution
  2. seek a retrospective planning application
  3. 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

 

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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 (this is an external hyperlink).

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:

  1. 4 years for operational development and change of use to any building for use as a single dwelling house
  2. 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.

 

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Further information/contacts

For further information on the Planning Enforcement Service, e-mail devcontrol@fareham.gov.uk. Use the complaint form if you wish to report an alleged breach of planning conditions.

 

Enquiries and complaints can also be made to:

Department of Development Control

Fareham Borough Council

Civic Offices

Civic Way

Fareham

PO16 7TT

 

Telephone +44 (0)1329 236100, Fax on +44 (0)1329 822732, E-mail: devcontrol@fareham.gov.uk