This information is updated daily. Information on new Enforcement Notices will be available online within one working day and a copy of the notice will be available within five working days.
Investigation records which have been closed and which have not resulted in formal investigation should only be displayed on the database for a period of one year after the closure of the case. Once a formal Enforcement Notice has been served (but not including Planning Contravention Notices) access to the notice will be provided.
Planning enforcement relates to:
Building work being carried out without Planning Permission
Using a property or land for something other than its authorised use
Non-compliance with the conditions specified as part of an approved planning permission
The above are all possible breaches of Planning Control and the Council’s Planning Enforcement team are ready to investigate and advise you.
In many cases the assistance of the general public can be crucial to the success of planning enforcement. As the Council officers cannot continually monitor sites, the Council relies upon the general public, residents associations etc to report problems of this nature.
Through all stages of the enforcement process, the public’s knowledge of a site can usefully supplement that held on Council records.
When alerting the Council to an enforcement breach, it is important to have as much information as possible in writing, together with photographs where appropriate.
This information should include:
the date on which the activity/building work commenced;
the exact address of the site complained about as well as the location of the activity/building upon the land (a sketch plan is often helpful);
details of the alleged contravenor;
details of the nature of the activity including number of vehicular movements/vehicle registration numbers; and
details of the effect that the alleged breach is having upon your amenities e.g. noise, traffic, smells, overshadowing, out of character with the area.
How to complain about an alleged breach
If you wish to make a complaint then it is vital that we have your full details - name, address, home number - in order that we can contact you to inform you of the progress of the investigation or to seek additional information from you.
An anonymous complaint will be investigated but takes lowest priority.
Remember, our enforcement files are confidential. However if legal action is taken it may not be possible to keep your complaint confidential.
If an appeal is lodged against an enforcement notice or other notice or if a planning application is submitted, we will notify anyone who informed us of the matter and ask if they wish to submit additional information or appear at an inquiry/hearing to support the Council’s case.
Please remember that the strength of local support can be crucial to the Council’s case. However you should remember that at this point any representations you make will become available for public inspection, including inspection by the site owner, appellant and any legal representatives.
We will acknowledge your complaint within three working days of its receipt, and advise you of the complaint priority, reference number and the investigation case officer.
The case officer will act as your point of contact and will endeavour to keep you informed of the progress and outcome of the case, although you may wish to telephone and enquire about progress of the case.
Reporting a planning breach
You can report a planning breach using an online form.
Alternatively you can provide the information in writing. Email: planning.development.control@spelthorne.gov.uk In writing to: Planning Enforcement team, Spelthorne Borough Council, Council Offices, Knowle Green, Staines, TW18 1XB Fax: 01784 446 362
Enforcement Control This information helps explain the procedures taken by the Planning Department when a complaint is received, regarding any building works or use of a building or land.
Introduction
Each year the Planning Service receives approximately 300 complaints concerning possible unauthorised uses or building works. This leaflet helps answer questions about enforcement of planning controls and explains how the Planning Division deals with such complaints. What type of development or uses can the Council take action against?
The Council can take action against:
The carrying out of works or uses without the required planning permission.
Failure to comply with any conditions or limitations for which planning permission was granted.
Most development such as the construction or alteration to buildings or the change of use of a building or piece of land requires planning permission. However, the Planning Division has no control over complaints where the following is established:
That planning permission has previously been granted.
That planning permission is not required. This is because some minor works are allowed under what is known as "permitted development rights". "Permitted development rights" exist for certain development such as small extensions, roof alterations, satellite dishes etc, within certain criteria.
The length of time the use has been in existence exempts it from some areas of control.
How do I complain about an unauthorised building, use or operation?
Telephone or write to Planning Services. Alternatively you can use the form on-line as set out above. All complaints will be treated as confidential.
What will the Council do once it has received my complaint?
Firstly, the Council will establish whether a breach of planning control has occurred. It may be possible to establish this fairly quickly, either from our records or by visiting the site. However, sometimes more information will need to be obtained and it may be necessary to monitor a site for a period of time to establish whether there is a breach of planning control. In any event, the Enforcement Officer will contact you within five working days of receiving your complaint to let your know how matters are proceeding.
One of the things the Council needs to consider very carefully is whether Enforcement Action should be taken, or if the matter can be resolved by granting planning permission, where appropriate, subject to conditions. In the latter case, or if the position is not entirely clear, a planning application may be invited so that the matter can be fully considered.
Where the Council feels it necessary to take enforcement action, the Enforcement Officer may need to obtain evidence of the unauthorised development or use, to support the case.
Where all the facts are not immediately available a Planning Contraventions Notice can be served on anyone with an interest in the land. This notice required information to be provided within 21 days.
What action is the Council entitled to take? Before any action can be taken a report usually needs to be made to the Planning Committee. If the Committee then authorises action, there are a number of different notices available to the Council to enforce planning controls. These are:
The Enforcement Notice - - this is the initial step taken when it appears a breach of planning has taken place. An effective notice must describe the alleged breach, state the steps required to remedy the breach and period of time to do so.
The Stop Notice - - this is the initial step taken when it appears a breach of planning has taken place. An effective notice must describe the alleged breach, state the steps required to remedy the breach and period of time to do so.
Breach of Conditions Notice - this may be issued where conditions or limitation relating to a planning permission have not been complied with. The notice must specify the steps to be taken or the activities to cease that contravene the permission.
What further action can the Council take?
Where a notice has not been complied with, the Council may enter the land and take the necessary steps to comply with the enforcement action itself. They may also recover reasonable expenses from the owner of the property or land.
It is an offence not to comply with the Notices within the specified time. Should the matter become subject to a Court hearing, the penalties prescribed are heavy. The maximum penalty on summary conviction is currently £20,000. There is no upper limit for a fine in the event of a conviction in the Crown Court. What rights does the person carrying out the unauthorised development have?
Where a development or use of land has been carried out without planning permission, a retrospective planning application can be made. If planning permission is granted no further action will be taken.
Any person who has an interest in the land or is the occupier of the land has the right to appeal to the Department for Communities and Local Government against an enforcement notice.
Once an appeal has been lodged, the enforcement notice is held in abeyance and can only become effective when a decision has been reached on the appeal.
There are three types of appeal procedure available, as described below:
Written Representations - enables the appellant, the Council and any interested third parties to make written representations and provides for a Planning Inspector to visit the site.
Public Inquiry - allows the appellant to state a case personally and call witnesses in front of a Planning Inspector. The Council may make representations and call witnesses and any third parties as well.
Informal Hearing - this may be offered to the appellant as a more suitable and less formal option to the Public Inquiry
Once the Planning Inspector has reached a decision, the appeal letter will be sent out to the appellant and the Council. Should the Inspector uphold the enforcement notice, the period for compliance will be stated.
Who do I contact for more information?
If you require any further information on planning controls and enforcement procedures, please do not hesitate to contact Planning Services.
A number of publications are also available that explain when planning permission is required. Strategic Directorate (Community) Spelthorne Borough Council Council Offices Knowle Green Staines TW18 1XB Tel: 01784 446348
