Planning Enforcement

Our Planning Enforcement team investigates complaints of alleged breaches of planning control to determine if a breach has occurred and what action, if any, is required.

The Council has a Strategy for dealing with potential Enforcement  cases  which sets out the powers available to us to deal with breaches of planning control and at what point we will take action.

The Government’s National Planning Policy Framework makes it clear that councils are expected to act proportionately when responding to any breaches

Whilst it is not a criminal offence to carry out development without first obtaining planning permission, this is a contravention of planning laws and the District Council has powers to enforce those laws.

What is a breach of planning control?

Breaches of planning control include:

  • Unauthorised works to listed buildings
  • Unauthorised works to trees with a tree preservation order (TPO) or in a Conservation Area
  • Breaches of planning conditions
  • Failure to comply with a s106 agreement
  • Unauthorised development works and changes of use
  • Removal of protected hedgerows
  • Not building in accordance with the approved plans that form part of a planning permission
  • Unauthorised engineering operations, such as creation of earth bunds

What isn’t a breach of planning control?

Issues not considered breaches include:

  • Obstruction of a highway or public right of way
  • Parking of vehicles on the highway or on grass verges
  • Parking caravans on residential driveways
  • Land ownership disputes or trespass issues
  • Covenants imposed on property Deeds

Who can submit a breach of planning control complaint?

Anyone can submit a breach of planning control complaint to be investigated.

All Planning Enforcement Complaints received are confidential.

To submit a breach email enforcement.environment@wealden.gov.uk