Report a possible breach of planning control and more
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.
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?
An enforcement investigation can be a lengthy and complex process. The time taken to determine each case will vary depending on the site, the people involved, and the type of breach.
We will provide an update to the complainant at key stages in the investigation and when significant progress has been made. The complainant and site owner/occupier will also be notified of the outcome of the investigation once the case has been closed.
The planning enforcement specialists aim to carry out initial site visits as listed below:
- Priority 1 cases on the same or next working day
- Priority 2 cases within 10 working days
- Priority 3 cases within 20 working days
- Priority 4 cases if necessary following a desktop assessment