Planning Enforcement
The Council has Planning Enforcement powers that it can use when there is a breach in planning control. These powers are discretionary and their use can only be justified where a breach has been identified that is causing harm to public amenity, for example loss of daylight or privacy. Harm is not loss of monetary value, competition from another business, or loss of an individual's view. The powers cannot be used solely as a punitive measure.
Planning Enforcement relates to the following possible breaches in planning control:
- carrying out work either without planning permission or in a way that is different to that which has been granted planning permission
- carrying out work without compliance with planning conditions attached to a planning permission
- changing the use of land or property without planning permission
Additionally, Planning Enforcement relates to the following possible criminal offences:
- displaying adverts without advertisement consent
- carrying out works to or removal of trees protected by a Tree Preservation Order or trees in conservation areas
- carrying out works internal or external to a listed building
If you would like the Planning Enforcement Team to investigate any of the above potential breaches in planning control, please complete the |Investigation Request Form online. However, prior to making a request, it is advisable that you check the |planning applications online service to see if planning permission has been approved or conditions attached since this may answer your query. It will also assist you in making your request by clarifying the potential breaches you wish to be investigated. Alternatively, you can download and |print the Investigation Request Form.
To enable the Planning Enforcement Team to properly investigate a possible breach in planning control it is essential that adequate information be supplied to identify the breach and the potential harm being caused. This information should include:
- the date on which the activity or works started
- the exact address of the site where the activity or works are taking place, including the location of this on the land
- full details of the nature of the breach e.g. if you do not consider the works are complying with a planning permission or condition, please advise in what way they do not comply.
- specific details of how the breach of planning control is affecting you
Sketches, photographs, documents or other evidence e.g. diary accounts, are all useful to assist in the investigation since the Council is unlikely to hold some information and is unable to continually monitor sites to collect this.
In addition, your full details are required; including your name, address, phone number (and email address where available). Your details are essential to enable the Investigation Officer to contact you with updates on the investigation and to seek further information regarding the breach and harm as part of the investigation.
Personal information will be kept securely and will only be used for the purposes of investigation and keeping you informed. Your details will not be passed to third parties and will remain confidential. However, sharing your information with other divisions of the Council or Surrey County Council could help us to resolve your investigation request. Please complete the agreement on the Investigation Request Form if you give consent for your information to be shared.
Your request will be acknowledged and you will be notified of the details of the Investigation Officer dealing with your investigation request and subsequently advised of the outcome of the investigation and what action, if any, the Council is able to take.
The Council will not investigate anonymous requests.
Planning Investigations are often complex involving evidence collection and research. Establishing whether there is a breach therefore takes time. The purpose of Planning Enforcement is to resolve any harm being caused by a planning breach and therefore it is usual if a breach is identified that a reasonable time is given for a retrospective planning application be submitted or further works to be carried out to overcome that harm. If the Planning Enforcement Team is unsuccessful in achieving this through negotiation it is only then that formal action is considered. Formal action will often involve an appeal to the Planning Inspectorate. The Council do not have the powers to take direct action immediately.
For your information, the Planning Enforcement Team cannot investigate the following issues:
- boundary wall disputes
- party wall or other ownership
- dangerous structures
- smell, noise and general pollution
- out of hours construction or disturbances
- health and safety
- site security
- sewers, soakaways or other drainage matters (other than those relating to front garden paving)
- matters relating to a public highway, including commercial vehicles parking in residential areas or on grass verges or traffic obstructions
- running a business from home where the residential use remains the main use and there is no negative impact upon the local area
- clearing undergrowth and trees from land (where the trees are not in a conservation area or protected by a Tree Preservation Order) or general gardening works
- graffiti or damage to property
Further information about planning enforcement procedures and policies can be viewed from the documents below:
Planning Enforcement Register
This is a statutory list of sites where formal enforcement action has been taken, including details of the planning breach and the Enforcement Notice served. The Register is held at the Council offices within the Land Charges Division, which at present is only maintained as a hard copy, and is available online as a |PDF Register. This online version of the Register only dates from 1982. Please |contact Land Charges for details of Notices prior to 1982 or to arrange to view the full Register.
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