Planning Enforcement Service

The Planning Enforcement team investigates allegations of breaches of planning control.

What is the extent of planning controls?
Do you require planning permission for all development?
Is it an offence to undertake development without permission?
What happens if a condition on a planning permission is not complied with?
Is it an offence to undertake works to a listed building?
Is it an offence to display an advertisement without consent?
What information is required for an alleged breach to be investigated?
How do I report an alleged breach?
What are the stages of an investigation?
What action may be taken where a breach of planning controls is found to be occurring?
Is there a right of appeal?
Is there a period after which development becomes immune from enforcement action?
Is there a public Enforcement Register?
Further information/contacts

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 (the Act) includes "carrying out 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 and some other development on land they own are dealt with by Hampshire County Council).

Do you require planning permission for all development?

No. Many minor developments are exempt from the need for planning permission by virtue of the Town and Country Planning (General Permitted Development) Order 1995. Check for the kind of work that is permitted by the Order by visiting the Visual guides for householders (this is an external hyperlink). However, 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, failing to comply with planning controls is not an offence, but you should contact the local planning authority before you carry out works which might need planning approval. The Local Planning Authority may serve an enforcement notice on the owner of land where unauthorised development has occurred. The Notice can require reinstatement or other defined remedy. It is an offence not to comply with an enforcement notice, and the maximum fine for this offence is 20,000.

What happens if I fail to comply with a condition on a planning permission?

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 may be 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?

Yes. Some advertisements are exempt from the need for express advertisement consent. Advertisements which do not need 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.

How do I report a breach of planning controls?

Report works, activities and other development that may breach planning controls in one of the following ways:

Email planningenforcement@fareham.gov.uk;
Complete and send in a Complaint form;
Telephone Planning Enforcement at 01329.236100; or
Write in (see further information/contacts for address)

We will not consider anonymous complaints, so please provide your name, address and telephone number. Your name and personal details will be kept confidential.

What information do we need before we will investigate a breach?

Address of land or building of reported breach
Details of breach
Your (the complainant's) name, address and telephone number.

Let us have any additional relevant information (such as notes of your observations, with dates and times where appropriate) and contact details for others who wish to be associated with the complaint.

What are the stages of an investigation?

Complaint registered and acknowledged within 4 days
First site visit made within 10 days

We will keep the complainant informed of the progress of 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, we may take one of a range of actions:

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
Where significant harm is being caused by the breach, we have powers to issue a stop notice in conjunction with an enforcement notice or seek a legal injunction to stop the unauthorised activities.
The enforcement of Planning Control is a discretionary power and we may decide to take no 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 (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:

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 Lawful use or development: either apply online or print off and complete paper copies of the application following the links you will find at form 14.

Is there a public Enforcement Register?

The Council has a Planning Enforcement Notices Register which lists properties in the Borough of Fareham which are subject to Planning Enforcement Notices.