Find out how to report building works that don't have planning permission
Torbay Council’s Planning Enforcement Policy sets out our procedures for dealing with alleged breaches of planning control. It explains how the council best uses its planning enforcement resources. This includes dealing with breaches of planning control that may cause harm to:
Planning enforcement action is discretionary. Government guidance says Local Planning Authorities (LPAs) must only take planning enforcement action when they consider it expedient to do so. Action must be proportionate to the breach of planning control to which it relates.
When it is technically possible to take enforcement action the council is required to decide whether such formal action would be ‘expedient’. This means that formal action is discretionary, and all the relevant planning circumstances must first be considered. In considering ’expediency’ the decisive issue is whether the breach would unacceptably harm public amenity. Any enforcement action should be proportionate to the breach. This duty means that we would not be acting correctly if we enforced against every breach of planning control in Torbay. There will be cases where there is a breach of planning legislation, but the breach or harm is so minor that action cannot be justified i.e. it is not expedient to pursue the case.
This Planning Enforcement Policy sets out how the council can and will respond to breaches of planning control. We will follow Government advice and try to resolve issues by negotiation. This is often the quickest and most effective way to resolve problems. It is also the most efficient way to use resources as taking formal action can be a lengthy and costly process. However, where negotiation fails and there is a development that results in planning harm, the council will consider taking formal action. Where there is a breach of planning control causing significant and irreversible planning harm, the council may take enforcement action without any negotiation.
The Planning Enforcement Team will focus on the desired outcome when finding the best way forward. We will consider whether planning enforcement is the most effective route to achieve the outcome. Different legislation may be more appropriate, and the Planning Enforcement Team is part of a wider multi-disciplinary response.
This policy sets out the council’s specific approach to dealing with planning enforcement matters. It includes our approach to working with other council teams or external agencies where necessary.
You can report a planning breach to us online. You must provide your name and address. We treat all complaints in the strictest confidence. We do not reveal the source, although in some situations it may well be clear. If we decide prosecution is necessary, we may need to rely on the complainant as a witness.
When we receive the complaint we log it and allocate it to an investigation officer. The officer will then decide if there is a breach of planning control based on the planning history. If there is a breach of the site we will normally visit as soon as possible to establish the facts. We may also need to view the site from the complainant’s address. We will do this as discreetly as possible.
Once we establish the facts we will decide whether there is a breach of planning control. If there is a breach, we will explain what actions need to be taken to try and resolve the matter. Usually we do this in consultation with one of the senior planning officers so we can make a balanced judgement.
It may be that changes to the works could overcome our objections. The other option could be submitting a retrospective planning application. National advice suggests these solutions. They allow us to impose conditions to improve the situation. It may also be that a breach is occurring but we do not consider that enforcement action would be necessary or in the public interest. As such we would take no further action. Either way, we notify all parties of what the outcome is.
We have powers to issue an Enforcement Notice if it is necessary to do so. In the case of unauthorised building works it may need some changes, or complete demolition. We would serve such a Notice on all parties with a legal interest in the land. It would explain:
If a valid Enforcement Notice is not complied with by its effective date it is a criminal offence. The offender can be prosecuted in the Magistrates Court with a fine of up to £20,000.00. If it goes before a Crown Court, the fine can be an unlimited amount. Further failure to comply with the Notice can incur a daily fine. In some cases we will enter the land and carry out the required works. We will then invoice the landowner for the works.
During the process of buying or selling property a land search will show breaches of a formal Notice. This may affect the saleability of the property or its value until it is complied with.
There is a right of appeal against the Notice provided:
Enforcement Appeals are quite complex by their nature. The appeal process can take nearly a year to reach a decision. Compliance with a Notice is held in abeyance whilst an appeal is underway. The Planning Inspectorate will issue a decision letter at the end of the appeal process confirming the final outcome. That decision will either:
Planning Enforcement Policy This policy sets out our approach to investigating unauthorised development.
The appeals process for Enforcement Notices can take quite a long time. Anyone served a Notice has a period of time in which to lodge an appeal with the Planning Inspectorate. They usually need to lodge a valid appeal within a month of receiving the Enforcement Notice.
We notify anyone who contacted us about the breach, as well as any other relevant person. There is a strict timetable to make further representations to the Planning Inspectorate. You can view the appeal files at our offices.
1. The first is the least formal by way of written representations.
2. The second is an informal hearing. This is where an Inspector chairs a meeting between:
3. The third and most formal method is by means of a Public Inquiry. This is usually for complex appeals where evidence needs to be given under oath. It is similar to court room proceedings.
All appeals are subject of a site visit by the inspector usually accompanied by the parties.
The Planning Inspectorate will then issue a decision letter.
It is always best to check with us beforehand if you are unsure whether you need permission. Do not always rely on the advice of builders or friends. Each property can be completely different and there are many factors to consider.
One way to check if you need permission is to submit an application for a Certificate of Lawfulness for a Proposed Use or Development. We would consider the information you submit and let you know the decision. Such a document, if granted, would give you, or prospective purchasers, peace of mind.
If you would like to contact the Investigation Team please telephone 01803 207802.
Further information on planning appeals:
Further information on enforcement appeals: