Planning, monitoring and enforcement

Find out more about planning enforcement, how we deal with enforcement cases and how to report a breach of planning control.

Page Contents:

What is enforcement?

Planning enforcement is a discretionary power and covers very complex issues.

We have a duty to investigate complaints about development that may have been carried out without permission or consent. The discretion of the local authority is applied to enforcement cases to ensure that unauthorised development is dealt with in a way that balances the protection of buildings, the environment and the amenity of neighbours whilst at the same time ensuring that owners enjoy reasonable use of their property.

View the Strategy for the Monitoring and Enforcement of Planning Control

Planning permission is usually required for changes to the use of a building or land and altering or enlarging a building. Consent may also be required for the display of advertisements, works to a listed building and works to trees subject to a tree preservation order or within a conservation area. However, some alterations and extensions can be carried out without the need for a planning application under permitted development.

If a building operation is carried out under permitted development it cannot be subject to enforcement action even in instances where development is considered to cause harm. The government set out permitted development rights for a variety of developments which do not require planning permission and therefore can be carried out without the control of the local planning authority. Find out about permitted development.
If a development is carried out without the benefit of planning permission it is deemed to be unlawful. It is not an offence (or illegal) to carry out buildings works without planning permission. If enforcement action is taken, it can become an offence if a failure to comply with the requirements of any enforcement action occurs.

No two cases are identical when it comes to enforcement. The process can therefore often be lengthy and involve complex legal and planning issues. Not all matters can be addressed immediately, so an instant response cannot be guaranteed.

What is a breach?

The Town and Country Planning Act 1990 defines a breach of planning control as follows:

“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.”
The following are examples of matters that can be enforced by us under planning legislation:
  • Unauthorised erection of a building
  • Unauthorised material change of use of land or building 
  • Development not in accordance with the approved plans of a planning permission 
  • Non-compliance with conditions attached to a planning permission 
  • Unauthorised works to trees protected by a Tree Preservation Order or trees in a Conservation Area 
  • Land or buildings in a poor condition affecting the amenity of the surrounding area 
  • Carrying out building work or alterations to Listed Buildings without Listed Building Consent 
  • The display of adverts or signs without advertisement consent
Development carried out under and in accordance with ‘permitted development rights’ is not a breach of planning control. This may mean that works to land or property can occur without any notification being received by residents or us.

Permitted development does not require planning permission, so in some cases undesirable development may be able to be carried out without us having any control over it. In these cases, the local planning authority are unable to take any enforcement action but can undertake checks to ensure compliance with national legislation which sets out permitted development rights.
The following are examples of matters which we cannot take enforcement action on:
  • Land ownership disputes
  • Neighbour disputes which are civil in nature, such as boundary disputes
  • Breaches of a covenant attached to deeds and land titles
  • Noise/odour issues (these are dealt with by the public protection team)
  • Obstruction of the highway
  • Parking vehicles on the highway
  • Vexatious complaints 
  • Breaches of bylaws 
  • Obstruction of a rights of way 
  • Works on the highway 
  • Breaches of conditions outside of the red line boundary (planning conditions relate to works within the red line boundary only). 
  • “Informatives” on planning decision notices 
  • Operating a business from home where the residential use remains the primary use and there is no adverse impact on residential amenity or character. 
  • Clearing land of undergrowth, bushes and trees provided they are not subject to protection or a planning condition 
  • Parking of a caravan within the curtilage of a residential property providing that it is stored, or used as an extra bedroom, and not used as a separate, self-contained residential unit. 
  • Where development is 'permitted development’

What action does the council take?

There are different actions we can take depending on priority.

When we receive a complaint, it is prioritised dependent upon the severity of the breach and the likely harm it is causing. It is acknowledged that some alleged breaches need be given a higher priority than others. Priority will be given to cases where there is the possibility of the greatest harm being caused.

The following priority system will apply to each case received according to the following:
  • Level 1 – cases where there is immediate danger to the public and where unauthorised work is being undertaken which is non-reversible such as unauthorised works to listed buildings or unauthorised works to protected trees. For these cases an initial site visit will be carried out within one working day from the receipt of the complaint. 
  • Level 2 – All other cases will fall into this category. For these cases a site visit will be carried out within 20 working days.
The enforcement team will seek to acknowledge all complaints within 10 working days. In most cases this will be in writing, or by telephone if no postal or email address is provided. The person who makes a complaint (the complainant) will be updated within 28 days from the date when the complaint was received. The purpose of this update is to inform them whether there is a breach of planning control and, if so, how we intend to pursue the matter.

The acknowledgement will describe the nature of the breach, the name and contact details of the enforcement officer dealing with the case, the allocated priority level and the timescale in which the complainant should expect to receive a response.
Following the receipt of a complaint an initial assessment is carried out to determine if a site visit is required. An example of a case where a site visit is not needed is where planning permission has already been granted or a retrospective application is in the process of being determined. In most cases a site visit is required.

From the evidence gathered during the site visit an assessment will be made as to whether planning permission is required for the works. Cases will fall into one of the following groups:

No breach

If no breach has occurred or the breach is of such a minor nature that it is not to be investigated further, in this situation the case will be closed and the complainant will be informed of the decision.

A potential breach has occurred

In many cases it is not possible to come to an immediate conclusion as to whether or not a breach of planning control has occurred. This is particularly evident in relation to complaints regarding a material change of use. In these cases, it is often necessary to carry out additional site visits over a period of time before a decision can be made. It will be explained to the complainant that further investigations and monitoring is required.

Breach identified but works are likely to be granted approval

In this case the enforcement officer will request that a retrospective application is submitted, this allows for a full formal assessment to be carried out on the development and the statutory consultation period will apply. When a retrospective application is not submitted the development will be unauthorised and this will be registered as a land charge. The complainant will be advised of the outcome.

Breach identified and is not acceptable

In cases where it is considered that permission is unlikely to be granted, we will ask for the use to cease or the unauthorised development to be removed. A suitable period of time will be given depending on what needs to be done.

Immunity from enforcement action

In this case a breach has been identified but has been substantially completed for four years or more. In the case of an unauthorised change of use from a building to a dwelling-house this must have been in place for four years or more. In the case of an unauthorised change of use to a building or piece of land this must have been in place for ten years or more. In the case of a breach of condition the breach must have been in place for ten years or more. In these cases officers will request that a Certificate of Lawfulness is submitted.

When a breach of planning control occurs the level of harm is assessed to determine if formal planning enforcement action is taken. Harm can be caused through several factors including:

  • Adverse impact on visual amenity due to poor design or inappropriate materials 
  • Loss of protected trees or damage to listed buildings 
  • Adverse impact on residential amenity 
  • Noise, nuisance or disturbance from the operation of a business 
  • Untidy land and buildings in a poor condition 

It is considered inappropriate to take formal planning enforcement action against a breach of planning control which causes no harm to the local amenity. 
If a retrospective application is submitted to regularise a breach of planning control, planning enforcement action is put on hold until the retrospective planning application is determined. 

Where further information is required to determine the facts, we have a variety of investigative powers. These are described in our Strategy for the Monitoring and Enforcement of Planning Control.

The council is required to have a register available for public inspection that contains copies of all of the following type of notices served:
  • Enforcement Notices
  • Listed Building Enforcement Notices
  • Breach of Condition Notices
  • Temporary Stop Notices
  • Stop Notices
If you would like to view a specific Notice for a particular address please search online using our Public Access system. The Enforcement register is also available to view via a spreadsheet on request. Please contact the team on the details below if you would like a copy.

Postal address: Planning Enforcement Development Management, Planning & Economy, Northumberland County Council, County Hall, Morpeth, Northumberland, NE61 2EF 
Telephone: 0345 600 6400 please leave a message, a member of the team will return your call. 
Email: planningenforcement@northumberland.gov.uk 

Reporting a breach of planning control

Where appropriate, please speak to your neighbour first before contacting the Council. You may find that your neighbour has already found out if planning permission is required. Involving us can often cause friction between neighbours. A friendly conversation with your neighbour could result in them making minor alterations. This could overcome your concerns without causing any unnecessary upset.

We rely on your local knowledge to find out about planning breaches. When you report an alleged breach of planning control we will require the following information: 
  • your name, address, telephone number and e-mail address; 
  • the exact address and location of the site; 
  • names and addresses of any person involved (if known); 
  • the nature of the complaint – what is the breach? 
  • when the activities started and whether they are continuing; and 
  • whether you wish to be kept informed of the progress of your complaint. 
The simplest way is to report a breach of planning control using our online form. Reports received by telephone will be requested to follow up the initial report in writing. If the above information is not provided we will not register your complaint and if the matter being reported is a minor breach of planning control we may decline to investigate the matter further. 
Although anonymous complaints will be investigated an update on the investigation cannot be provided to the person who reported the alleged breach of planning control therefore it is important to note that all personal details provided are confidential and will not be revealed to any third party or to the person responsible for the alleged breach. Your details will only be used by the planning enforcement team to contact you for further details or for clarification on a particular matter. Any information provided by members of the public is treated in confidence unless it is necessary to disclose this information at an appeal or in court when it will be made public. In such cases, the individual’s consent will be sought prior to this information being made public. Such occasions are rare, and involvement is on a voluntary basis. 
Please note that the Enforcement Team do receive requests for information on enforcement cases under the Freedom of Information Act 2000. Communication that you have submitted may be released however all personal information will be redacted including any information that would identify the author. Any requests under this Act should be sent to: FOI@ig.northumberland.gov.uk. 
There are a high number of investigations underway which is increasing every year; therefore, the planning enforcement officers are under extreme pressure to resolve each case. Requests to meet with the planning enforcement officer to discuss a breach is not always possible. The planning enforcement officer will provide an update on the progress of the case when they are able to do so. Repeat emails and phone calls can delay the investigation therefore you should wait for the planning enforcement officer to contact you. Depending on the nature of the investigation it can take a long time to resolve. Please note if formal action is necessary, due to the complexities of planning control, it can take several months, and in complex cases years, to satisfactorily resolve problems. 
Neighbour disputes or vexatious complaints will not be investigated. A recent High Court judge ruled ‘Local authorities are not required to respond to the full extent of the law to every breach of planning control and, in deciding what action to take, are entitled to have regard to their limited resources both in financial and manpower terms’ in a dispute between two neighbours. (Hemms v Bath and North East Somerset Council).

Read our Planning Application Privacy Notice to find out what we do with the information you provide.

Let us know what you think

Click here to let us know if you found the content of the page helpful