Planning compliance advice

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 ).

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 us before you carry out works which might need planning approval. We may serve an enforcement notice on the owner of land if there is unauthorised development. The notice can mean you must reinstate the land. It is an offence not to comply with an enforcement notice, with a maximum fine of £20,000.

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

We might issue a breach of condition notice against you, for which there is no right of appeal. It is an offence not to comply with this notice. This offence may be prosecuted in a 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 adverts are exempt from express advertisement consent. Adverts which do not need consent are those which enjoy deemed consent under the Town and Country Planning (control of adverts) Regulations 1992. You can get copies of booklets and advice from us.

How do you report a breach of planning controls?

You should report works, activities and other development that may breach planning controls in one of these ways:

• Email devcontrol@fareham.gov.uk
• Telephone us on 01329 236100

Please provide your name, address and telephone number. Your name and personal details will be kept confidential.

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, we may issue an enforcement notice
• 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 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:

• four 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 should make an application for a certificate of lawful use or development by applying online  or printing and completing paper copies.

Is there a public Enforcement Register?

We have a planning enforcement notices register which lists properties in the Borough of Fareham which are subject to planning enforcement notices.

You can get more information on planning enforcement issues by emailing us at devcontrol@fareham.gov.uk or phoning us on 01329 236100.