Breaches of planning control

Here are some examples of breaches of planning control:

 

 

 

It is not a breach of planning control if the work does not constitute "development" or it is "permitted development". "Development" does not include work that affects only the inside of a building or does not materially affect the external appearance of the building.

 

 

For advice call us on 0118 974 6429/6433/6432/6474 or email development.control@wokingham.gov.uk.

 

 

A significant change of use to a building - or part of a building - or land normally requires planning permission. If planning permission has not been obtained when the change of use takes place, there is a breach of planning control.

 

 

Both internal and external works to a listed building will usually require Listed Building Consent. It is an offence to carry out work without the necessary consent and in these cases the owner may be prosecuted.

 

Minor alterations, which do not affect the special interest or character of the building, or repairs, do not need consent.

 

Call us on 0118 974 6465 for advice.

 

 

The display of advertisements is controlled by National Regulations. Consent is needed to display many types of adverts and signs. Failure to obtain the necessary consent is an offence, which may result in prosecution.

 

 

Trees can be protected in one of 2 ways:

 

 

In both cases, removal or works to the tree/s can constitute an offence which can result in prosecution.

 

Call the Arboricultural Officer on 0118 974 6464 for more details.

 

 

 

We aim to resolve problems without resorting to formal action.

 

We receive approximately 1000 allegations a year relating to breaches of planning control. Of these a proportion are not actual breaches. The large majority of the remaining cases are satisfactorily resolved without the need to take formal action.

 

In most cases where a breach has occurred we will write to the person responsible and suggest a course of action to remedy the breach before undertaking formal enforcement action. If it looks as if a breach cannot be resolved voluntarily, the decision over what action to take will depend on an assessment of the level of harm caused by the breach.

 

 

Where a planning application is submitted relating to a development which has already been started without planning permission, the application will be considered against development plan policy and any other material planning considerations.

 

 

We will not pursue formal enforcement action unless there are clear planning grounds to do so. If an enforcement investigation concludes that there is a breach of planning control, we will decide whether to pursue formal enforcement action.

 

We will need to be satisfied that the breach is resulting in harm, which is significant in planning terms. Examples would be the impact of a building or use of land upon either the amenity of a neighbouring property or the appearance of a site, or its impact on the surrounding area.

 

 

The Planning Contravention Notice outlined above is a type of formal action. There are also other types of formal Enforcement Action the Council can take.

 

 

Once we have decided to serve an Enforcement Notice, the Borough Solicitor will issue requisitions asking for information to be provided relating to any parties who have a legal interest in the property. If the information is not provided within the specified period, prosecution may follow.

 

The Enforcement Notice will be served on all the parties who have a legal interest, even though they may not be directly involved in the activities themselves. The Notice will specify the breach of planning control, the steps required to remedy the breach and the period of time allowed for compliance. The period will commence 28 days from the date of the notice.

 

Anyone who receives an enforcement notice may appeal within 28 days from the service of the notice. Appeals are made to the Planning Inspectorate who are completely independent of the Council. Once the Planning Inspectorate accepts an appeal as valid, the actions required by us under the Enforcement Notice are put in abeyance until the outcome of the appeal is known.

 

 

We can issue a Breach of Condition Notice where a condition attached to a planning permission has not been followed. There is no specific right of appeal against a Breach of Condition Notice and it will take effect 28 days from the date of the notice.

 

 

In the most serious cases, serving an injunction is a more appropriate course of action than an Enforcement Notice. Failure to comply with an Injunction is a contempt of court for which there are serious penalties.

 

 

If we believe the breach of control is so serious it should be stopped immediately, we can serve an Enforcement Notice followed by a Stop Notice.

 

The Stop Notice will require the building works or unauthorised use to stop immediately.