Before reporting an alleged breach of planning control

Before reporting what you believe to be a breach of planning control you need to consider a few matters as detailed below. Councils can receive numerous cases that are not planning matters, these often need to be referred to other departments or agencies and civil matters that are not in the Councils control. These cases can take time away from valid investigations that may require formal action. 

To provide clarity that your concern is a valid breach of planning control please consider the following steps:

  • Step One - Permitted Development Schemes

Not all building works require planning permission. Many smaller forms of development (small extensions, dormer roof extensions, boundary treatments, driveways etc) are considered to be "Permitted Development" meaning that planning permission from the Local Planning Authority is not required. So long as the development complies with the relevant criteria and conditions. Further information and examples of permitted development schemes are available online: 

Common projects - Common projects - Planning Portal

  • Step Two - Planning Permission Granted

When planning permission is granted the developers have 3 years to start (not complete) the development. If you have recently moved into a property and your neighbours have started building work, planning permission may have been granted prior to you being a neighbour and the previous occupiers would have been consulted about the application proposal. 

Please check our website where you can search for all the latest planning applications and approved plans: (THIS LINK WILL CHANGE WITH WEBSITE UPDATE)

Planning application search | Planning application search and comments | North Warwickshire (northwarks.gov.uk)

  • Step Three - Time Limit Immunity

Occasionally the Council will receive reports of potentially problematic developments that may have been completed for many years particularly, when there has been a change in landownership/neighbour. Please note that there are time limits in which planning enforcement action can be taken. For householder developments if the unauthorised development has been completed for more than 4 years it is immune from enforcement action. Other breach of planning control the limit is 10 years, unless deliberate concealment can be proven by the Council. 

  • Step Four - Non Planning Matters

Certain matters are reported to the Council that are not planning matters and sometimes not a matter that the Council has resolve. Below is a list of most common queries and where to go if you need further information about this matter: 

Common queries
Query Signposting
Landownership and Boundary Responsibility

Landownership records are available from HM Land Registry for small charge

Boundary responsibility should be detailed in the property deeds. For further information you will need private legal advice. 

Dangerous Structure/Building Regulations Concerns Matters about the physical built of a development or concerned about dangerous structures need to be reported to our Building Control Partners (Central Building Control