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Home
Planning and building control
Planning enforcement

Planning enforcement

About planning enforcement

The construction of buildings without planning permission or unauthorised changes in the use of buildings or land can have a damaging effect on the local area.

Brent Council’s planning enforcement team works to protect the local environment and quality of life for people living in the borough by taking action to enforce planning rules where development is taking place without permission and is causing harm to an area or to people. 

These pages gives a brief summary about planning enforcement and what you can expect form the Planning Service.

For more detailed information on how we deal with enforcement complaints and our service standards, please read our planning enforcement policy.

Government framework

The government advice in the National Planning Policy Framework is that
“Effective enforcement is important to maintain public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control. They should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where appropriate.”

Read the National Planning Policy Framework for further information.

Things to consider before reporting a planning breach

Before making a planning enforcement complaint you should consider the following:

  • Is planning permission required for the development?
  • Has planning permission been granted for the development or has enforcement action already been taken. Check planning applications.
  • Is the work "permitted development"? Visit the national planning portal website for information.

It is also important that you read the below guidance before submitting a complaint.

What is a planning control breach?

A breach of planning control is when building works or use/activities are carried out without the necessary planning permission being obtained in advance. This could be:

  • the construction of a building without planning permission
  • a change in the use of land or a building 
  • the display of an unlawful advertisement.

For more information on failure to obtain or comply with planning permission, please visit the national planning portal website.

It is important to note that:

  • a breach of planning control is not a criminal offence 
  • planning permission can be applied for after development has taken place, the Council may encourage this where it may help the issues to be examined.
  • no enforcement action can be taken against works which have been largely completed more than 4 years ago (or 10 years in the case of changes of use or breaches of planning conditions).

Additionally, not all building works or uses need planning permission. These are known as ‘permitted development’ and allow quite large alterations and extensions to be made to buildings as well as outbuildings under certain conditions.

There are also other things which are not breaches of planning control. These include:

  • internal works to most buildings unless they are listed (of high architectural or historic value)
  • obstruction of a highway or public right of way
  • parking commercial vehicles on the highway in residential areas or on grass verges
  • parking a caravan within the residential boundary of a property, provided that it is not lived in or used as part of the home
  • clearing land of vegetation, unless it is subject to planning protection
  • operating a business from home if the residential use remains the main use
  • boundary disputes
  • high hedge disputes
  • deeds and covenants
  • trespassing on land
  • health and safety issues

Council priorities

The Council will focus its resources on the breaches which in their view cause the most serious planning harm. Not all breaches of planning control will be pursued. If we decide to take further action, we will continue with that action until the situation is resolved or there is no longer a reasonable prospect of success.

Planning law gives the Council 4 years (or 10 years in some cases) to investigate breaches of planning control. If action is pursued, complainants will be sent a copy of the notice, they will also be notified of any appeal made and when an appeal decision is issued. If an update is required, the complainant should contact the relevant officer as we do not have the resources to continually update complainants. However, in many cases there are no further updates because a case has not moved forward either due to it being at an appeal, the contravener engaging with the council to resolve matters on an amicable basis, or due to the council having insufficient evidence of a breach.

Try to resolve before you report

The planning enforcement service is concerned with resolving serious breaches of planning control. It does not deal with neighbour or business disputes, civil matters or a change to the environment that an individual or group of residents may not like. There must be significant harm to public amenity, safety or the environment for enforcement action to be justified. Planning Enforcement action is discretionary.

As a first step, consider if the potential breach is something you could resolve yourself by speaking with your neighbour or the person who you feel is causing the harm. It is far better to resolve things by agreement if you can, than formally involving the Council. Indeed in some instances, the Planning Service will be unable to help you either because it does not require planning permission or it is not serious enough to warrant formal enforcement action.

If you feel unable to speak to your neighbour and you consider that significant harm is being caused, you can contact us by phone, letter or email. We regret that we are unable to accept telephone complaints unless there is a good reason why you are unable to put your complaint in writing.

Will my details be made public?

No, unless the Council need to release the information for legal purposes. We may ask for your permission to make your details public if a case is pursued and your evidence is an essential part of the Council’s case.

Anonymous complaints

We will not deal with anonymous complaints. Therefore, we are not able to register or start to deal with your complaint unless we have your name and contact details, as well as the following information

  • the site address or location
  • what the development or activity is that is causing the harm, when it began and as much information as you can give about it and who you consider is responsible for it
  • details of the way in which the development or activity is having a harmful impact on you.

If you are worried about giving your details to the Council, you could contact your local ward councillor, who may make the complaint on your behalf.

What happens after I've submitted a complaint?

If we decide to take action after reviewing your complaint, it will normally take the form of an enforcement notice requiring action to remedy the breach/undo the development. You will be notified within 3 working days of any action taken or notices served by the Council in respect of your complaint.

How long will it take?

Planning enforcement is not a quick process. The initial investigation can take several weeks to complete and attempts will be made to resolve the situation without formal enforcement action first, sometimes through the submission of a retrospective planning application. If an enforcement notice is served, there are rights of appeal which can delay the matter even further. In some circumstances it may take one to 12 months to resolve.

How will I be kept informed of progress on dealing with my complaint?

The Council will aim to contact you by letter/email at the following stages of their investigation:

  • To acknowledge your complaint within 7 working days of receiving it.
  • To notify you whether we consider there has been a breach of planning control.
  • Within 3 working days of the issue of any formal notice by the Council in respect of the breach.
  • To notify you if an appeal has been made against an enforcement notice.
  • To notify you of an enforcement appeal decision.
  • To notify you of if the Council decide to prosecute or to carry out direct action to remedy the breach.

We will not routinely contact you other than at these stages in the process but you may contact the case officer to obtain an update on progress.

Report a planning breach

If you feel there has been a breach of planning control you can report it to us.

It is vital that you provide as much evidence as you can when filling out the below form. Ensure you have the following to hand before you  begin: 

  • photographs showing your concerns must be provided where possible.  Photos should be in jpeg or pdf format. HEIC (iPhone) format is not supported and you may need to change your settings if you use an iPhone.
  • if you are concerned about a change of use, a diary/log of events or other observations (i.e. comings and goings, websites, advertisements) which support your conclusions that a change of use has taken place will be needed for the council to take your complaint forward. 
Report a breach of planning control
You must provide your name, address and telephone number for us to investigate. We handle all reports in confidence. We will not respond to anonymous reports.
Related information

Pay a planning enforcement appeal fee and other fees

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