Planning enforcement

Our planning enforcement team deal with any alleged breach of planning control reported to them. They also monitor conditions imposed on planning permissions and check that a development has been built in accordance with the planning approval. 

Read our Planning Enforcement Policy 2019

What is a breach of planning control?

A breach of planning control is defined in section 171A of the Town and Country Planning Act 1990 as:

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

Any contravention of the limitations on, or conditions belonging to, permitted development rights, under the Town and Country Planning (General Permitted Development) (England) Order 2015, constitutes a breach of planning control against which enforcement action may be taken.

When will we take enforcement action?

Our enforcement powers are discretionary and we are not required to take action. We will only take action where there is an unacceptable effect on the built and natural environment and public amenity.

We are required to decide the appropriateness of formal action. This requires deciding whether the unauthorised activities are causing harm, having regard to the development plan policies and other material considerations. This is referred to as an expediency test.

Enforcement Notice Register

Under Section 188 of the Town and County Planning Act (1990) Local Planning Authorities are required to maintain an up to date register of Planning Enforcement Notices which have been issued. The Planning Enforcement Register lists sites within the Council’s District which have been subject to a Planning Enforcement Notice.

A Planning Enforcement Notice is a legal document made by the Council requiring a land owner to take action in order to resolve a breach of planning control.

Enforcement Register:

• Public Breach of Condition Notice (BCN)
• Public Stop Notices
• Public Enforcement Register

For information on the Enforcement system, please refer to the Local Planning Enforcement Policy

If you have any questions about the register or any detailed questions about the Notices, please email the Enforcement Team: enforcements@eastleigh.gov.uk

How do I report a potential planning breach?

Please ensure you have as much information as possible to support your report such as:

• Description of the breach
• Date the activity started
• Site address (if it is a field, describe the surrounding area to help identify the exact site)
• Name/address/telephone number of the site owner/occupier/builder/agent
• Description of the 'harm' being caused e.g. noise, traffic, smells 
• Your name/address/telephone number. 

You will need to have a MyEastleigh account to report a breach. Anonymous complaints will not usually be investigated.

Please note all complaints are dealt with in the strictest confidence and details of the complainants will not be made known without their permission, however details of the complaint are not confidential.

How long will the investigation take?