Before reporting an alleged breach of planning control
Before reporting a potential 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 or are 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 certainty that your concern is a valid breach of planning control please consider the following steps:
Step One - Civil/Non Planning Matters
Below is useful list of the most common agencies we often must redirect people to when they mistakenly think it is a planning or Borough Council matter:
| Query | Signposting |
|---|---|
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Landownership/Boundary Responsibility Party Wall disputes |
Landownership records are available from HM Land Registry for small charge. This will identify who the landowner is and the boundary to the relevant title deed. If the property is owned by the Borough Council and you are a tenant please contact your Housing Officer or email the department at housingservices@northwarks.gov.uk. Boundary responsibility should be detailed in the property deeds. For further information you will need to seek private legal advice. Further information is available from the Citizen Advice.
Party Wall disputes are civil matters. Further information is available online at GOV.UK (using the link below). You are likely to need to seek private legal advice. Preventing and resolving disputes in relation to party walls - GOV.UK |
|
Dangerous Structure/Building Regulations Concerns |
Matters about the physical build of a development or concerns about dangerous structures need to be reported to our Building Control Partners (Central Building Control Partnership). |
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Health and Safety Concerns (Health and Safety Executive HSE) |
The HSE is the enforcing authority for health and safety at workplaces including: Factories, farms, building sites, mines, schools and colleges, fairgrounds, utility systems, hospitals and nursing homes and central and local government premises. To report a breach of a H&S matter please use their online form: |
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Highway Matters/Problems Blocking Public Rights of Way (PROW). Adoption of New Roads |
Warwickshire County Council is the Local Highway Authority for all of Warwickshire. If works are taking place in, on or adjacent to the highway or footpath or works are obstructing or diverting a PROW please report the matter to them using the link below: Report a highway problem – Warwickshire County Council If the matter relates to the A5 or M42 these are owned by National Highways and you will need to report the matter to them: National Highways Report a problem New Road Adoption: New large residential permissions often involve the construction of new roads. Whilst it is usually the developer’s responsibility to construct the new roads, the adoption of the roads is the responsibility of Warwickshire County Council, which is the highway authority. You can find out more in from Warwickshire CC website which explains the process for adopting new roads Estate roads and road adoptions – Warwickshire County Council |
Step Two - 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 "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 on the national planning website the Planning Portal;
Common projects - Common projects - Planning Portal
If you believe the development has breached one of the permitted development conditions (projection, height, materials etc) then please continue to report it to us, but state which condition(s) has been breached and how. We often receive reports where it states "its not permitted" but with no other detail. I.E. "I believe my neighbours extension has breached the permitted development condition because it exceeds 4m in height and is too high against the boundary fence." This will allow us to focus on your primary concern if you state what is concerning you.
Step Three - 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:
Step Four - 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, the national legislation has recently been updated as follows:
In accordance with section 171B (Time Limits) of the Town & Country Planning Act 1990 (as amended), unauthorised developments become immune from enforcement action if:
- The unauthorised development involves building work (known as operational development) that has been substantially completed for a period of 4 years PRIOR to the 25th April 2024.
- The unauthorised development involves the change of use of a building to a single dwellinghouse and that change of use took place for a period of 4 years PRIOR to the 25th April 2024.
All other matters, or if the above have developments have taken place AFTER the 25th April 2024. Then they become immune from enforcement after the period of 10 years has passed. If the unauthorised developments are time immune from enforcement action they are lawful by default.
If you are unsure if your matter falls into one of the above steps or you would like to discuss the matter before making the report, please contact the Duty Planning Officer every weekday between 9am - 1pm on 01827 715341. PLEASE NOTE - you will still need to follow your concerns up in writing. The Duty Officer cannot do this on your behalf to avoid any miscommunication.
If you're happy that your concern is a valid breach of planning control, please continue to report it to us.