Planning enforcement

A planning breach is when a development is carried out, or a change made in the way a property is used, without planning permission first being granted.

Certain types of development and changes of use do not need planning permission, but may be carried out as permitted development. The government decides what is a permitted development right and local authorities have no planning control over these.

Types of planning breaches
The planning enforcement team will investigate all complaints and enquiries of alleged planning breaches relating to:

building works, such as extensions, outbuildings, new shop fronts or the height of walls
a change in the way a property is used
a breach of conditions and deviations from planning permission/s already granted
listed buildings
satellite dishes - the Planning Portal provide guidelines on whether planning permission is required
protected trees
demolition in conservation areas
high hedges
unauthorised advertisements - the Department for Communities and Local Government provide advice on outside advertisements

How to report a suspected planning breach
If you suspect a planning breach has occurred you should fill in the complaint form (word) and email or post it to the planning enforcement team.

You will need to:

provide your name and contact details as anonymous complaints will not be investigated
provide as much detail as possible about the alleged breach. This should include the address of the property, dates the work began and details of the development - such as a conservatory extension to the rear of a house
explain how the development affects the enjoyment of your property or the character of the area

You should consider acting as a witness if the case goes to court – you will always receive advance notice of this.

If you carry out development without planning permission
A planning enforcement officer/s may visit your property to inspect the development to determine if a planning breach has occurred. Help them by providing information and co-operating with the investigating officer. This will ensure a quicker investigation and enable them to give you accurate planning advice.

If the officer concludes that no planning breach occurred, the investigation will be closed. If the officer determines that there is a planning breach, it will be confirmed in writing to you and advise you of the steps you must take to correct it.

What affects decisions
Before a decision to take enforcement action is made the team also:

considers whether and how the breach affects public amenities or existing use of land and buildings
assesses the works against Ealing’s Unitary Development Plan (2004)

The final decision to take enforcement action will be made under delegated authority or by the council’s planning committee.

Correcting a planning breach
In some instances it will be possible to obtain planning permission retrospectively. However, submitting a planning application does not guarantee that you will be granted planning permission to keep the development. All planning applications are assessed on their individual merits. In such cases the development remains at risk of enforcement action.

Where a development is unacceptable and planning permission not likely to be granted for its retention, the council may ask you to carry out modifications or remove/cease the development completely.

The planning enforcement teams service standards
They will:

treat your complaints or case confidentially
log it and check whether planning permission has been granted for the development/use, or if they are already investigating the matter
acknowledge your complaint in writing with a reference number and details of the investigating officer
visit the site to gather information about the alleged breach
write to you to let you know the final outcome of the case