About Planning Enforcement In Basildon Borough
The Planning Enforcement department is responsible for investigating and resolving breaches of planning control.
The Government advises local planning authorities that they should only resort to enforcement action when necessary and when there is obvious harm or nuisance. Enforcement action is discretionary and local planning authorities are required to act proportionally in responding to suspected breaches of Planning Control.
What is a breach of Planning Control?
A breach of planning control is defined in section 171A of the Town and Country Planning Act of 1990 as:
- The carrying out of development without the required planning permission; or
- Failing to comply with any condition or limitation subject to which planning permission has not been granted.
What will Planning Enforcement Investigate?
- Building work which is underway, or has been undertaken without the required planning permission
- Conditions attached to planning consents which are not being complied with
- Unauthorised changes to the use of land or buildings
- Unauthorised works to Listed Buildings or Protected Trees
- Unauthorised advertisement
- Unauthorised demolition of some buildings
- Untidy land that is harmful to the amenity of neighbourhood or a particular part of the Green Belt.
Certain types of development do not require local planning authority permission as they are permitted by the Town and Country Planning (General Permitted Development) (England) Order 2015.
Further information on a householders permitted development rights, along with other rights can be found on the Planning Portal website, see:
Except in the case of listed buildings, unauthorised works to protected trees and advertisements which have their own specific regulations; it is generally not a criminal offence to carry out building works without first obtaining planning consent however, if it is later found that the building works constitute a breach of planning control then Basildon Council has the power to take enforcement action.
Unauthorised developments can have serious and adverse impacts upon neighbouring properties and the local environment and in the most serious cases a Planning Enforcement Notice can require the complete demolition and clearance of the site.
Non Planning Breaches
Further information on Non Planning Breaches dealt with by different departments and organisations can be found below:
- Neighbour disputes concerning antisocial behaviour
- Works to unprotected trees in the public realm
- Boundary Disputes
- The Party Wall Act (1996)
- Highways issues such as illegally parked cars or obstructions
- Noise complaints
- Dangerous or unsafe buildings or structures
- Suspected future breaches, things you suspect might happen.
- Breaches of Covenants - Please seek independent advice
- Anonymous, trade or competition complaints - Anonymous complaints will only be investigated if harm is being caused to the Green Belt.