Planning Enforcement

Introduction

Planning control regulates the development and use of land to make sure that changes to our physical surroundings – buildings and land – are right for their purposes and location. Planning enforcement investigates alleged breaches of planning control.

Our Planning Enforcement Policy

Our Planning Enforcement Policy provides details on Somerset Council’s approach to investigating unauthorised development and our decision-making process when deciding whether to take enforcement action.

Planning Enforcement Policy

Local Planning Authorities have a discretionary power to take enforcement action where unauthorised development has taken place

PDF, 535KB

Breach of planning control

Before reporting you should check that there has been a Planning Breach. You can check the Planning Portal to confirm that there is a planning breach, some work on properties is permitted development and does not need planning permission.

A breach of planning control is not a criminal offence (other than in a few limited circumstances), so immediate legal action is not usually an option. We can investigate:

• Unauthorised building works, uses of land and buildings
• Breaches of planning permission/approved plans
• Unauthorised works to a tree in a conservation area or covered by a Tree Preservation Order
• Unauthorised works to a listed building
• Unauthorised advertisement displays and flyposting
• Untidy land

What we do when we receive a report

At first point of contact, a new planning breach case is opened and the receipt of the report of breach form is automatically acknowledged by an email to the complainant.

Some complaints will require no further investigation because we identify that planning permission already exists for the work, or that planning permission was not required.

The quickest and best way to bring about a resolution is through negotiation. This lets the people responsible have a chance to sort the issue.

This may mean we:

• Suggest they make a retrospective application. The development being unauthorised will not affect how the decision will be made, it will be judged on its planning merits. If approved, it could authorise the development.  If refused they can appeal the decision
• Take formal action and serve notices to remove or stop works, or cease any use. The people responsible can appeal against the formal action. If there is an appeal, we will usually wait for a decision to be issued and then take further action as it is needed.

Communicating outcomes of subsequent investigations

Outcomes are always communicated once a breach of planning control has been resolved. For example, when a structure has been removed or a planning application has been approved.

In cases where, following an initial assessment, it is found that there is no breach of planning control or where the Council has determined that it is not expedient to take any further action, the complainant will be informed at the earliest opportunity.

Will updates be sent while investigations proceed?

Updates will be given at pertinent times such, as when a resolution has been agreed, a planning application submitted or when no resolution can be achieved, and formal enforcement action will be necessary. In cases where the Council is awaiting the outcome of a decision by another body (such as the Planning Inspectorate or the Courts) before it can consider any further action, the Complainant will be informed accordingly.

Matters outside of our remit

Each case will be judged on its own merits and its own material harm. Low priority, low harm cases will not be actioned by the Authority. Low priority cases are set out in the Enforcement Policy and degree of harm will be determined by the Local Planning Authority.

Unfortunately, we will not be able to investigate:

• Disputes between neighbours over non-planning matters or those of low planning harm
• Land boundary, ownership disputes or issues with Covenants and Deeds
• Hedge related neighbour issues.
• Uses, signage or development on highways, pavements or grass verges; contact the Highways team.
• Dangerous structures. If affecting public safety, contact Somerset Building Control.

Check the planning enforcement register

Mendip

Search our Mendip Planning Register – select ‘Enforcement’ in the search selection.

Sedgemoor

Search our Sedgemoor Planning Register

Somerset West and Taunton

Search our Somerset West and Taunton Planning Register

South Somerset

Please email planningenforcementsouth@somerset.gov.uk for details of planning applications in the South Somerset area.