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Reporting a planning breach

If you believe a development has breached a planning control you can report this to your local area planning office.

What is a planning breach?

A planning breach usually occurs when ‘development’ or certain other activities take place without the necessary planning permission or consent from Planning. A breach of planning control can be defined as:

  • carrying out development without planning permission
  • failing to comply with any condition or limitation subject to which planning permission has been granted

It is not a criminal offence to carry out development without planning permission, or fail to comply with any condition or limitation subject to which planning permission has been granted. However, where an enforcement notice has been served and the offender has not complied with the requirements of the notice, he/she is then guilty of an offence.

Planning approach to dealing with planning breaches

If you have gone ahead without the required permission Planning may simply ask you to apply retrospectively, but much depends on the nature of the development and the effect on neighbours and the area.

If Planning considers that the development involves an unacceptable breach of planning control, it may pursue enforcement action.

Depending on the nature of the breach, Planning may serve:

  • an enforcement notice
  • a breach of condition notice

Any action taken against a breach of planning control will correspond with the level of harm being caused and will also take into account the potential effects of enforcement action on both local and regional economies.

Reporting a planning breach

Planning will investigate all complaints about alleged breaches of planning control and may carry out a site visit. The purpose of the investigation is to establish if a breach of planning control or an offence has occurred and if so, who is responsible. The subsequent action in each case will depend on the nature of the breach or offence and its consequences/effects.

Written complaints are preferred as this avoids ambiguity, and provides Planning with an accurate basis on which to proceed with an investigation. Anonymous complaints will also be investigated; however failure to provide an adequate level of detail in relation to an alleged breach can result in the inability to take enforcement action due to unsatisfactory evidence.

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