Planning enforcement
We investigate alleged breaches of planning control which are reported to us and we may take appropriate action. These alleged breaches could include works to properties that exceed permitted development rights and would need planning permission, works that are not following the approved planning conditions or plans as set out in a planning decision.
What we can deal with
- Unauthorised building works
- Unauthorised change of use
- Unauthorised works to listed buildings
- Unauthorised demolition in Conservation Areas
- Unauthorised works to trees covered by a Tree Preservation Order or within a Conservation Area
- Works not being carried out in accordance with the approved plans
- Breaches of planning conditions
- Unauthorised advertisements
- Untidy sites (beyond what you would expect for an activity of that type)
What we can’t deal with
- Works that do not require planning permission
- Minerals and waste planning enforcement matters (these are dealt with by Hampshire County Council)
- Works that have not yet started (except in exceptional circumstances where a serious breach can be prevented)
- Boundary disputes
- Obstruction of a highway or public footpath (this is dealt with by Hampshire County Council)
- Advertisements on the highway or on street furniture (these are dealt with by Hampshire County Council)
- Enforcement of deeds or covenants (these are enforced by the landowner or other person benefiting from the covenant)
- Fly-tipping (this is dealt with by the Council’s Street cleaning service)
- Noise issues (this is dealt with by the Council’s Environmental Heath Team, unless there is a condition attached to a planning permission restricting noise levels that is being breached)
- Anonymous complaints unless they are of a very serious nature and it is in the public interest to do so
How to report a suspected planning breach?
Please complete the suspected planning breach online form if you believe that there may have been a breach of planning control.
Your identity is not normally revealed but if we take formal action we may need you to be a witness. At this point your details will become public.
The Council will not condone wilful breaches of planning law but it will exercise discretion about taking enforcement action if it is considered appropriate to do so. We have an adopted Enforcement Policy which we follow in the majority of cases.
By their nature some alleged breaches of planning control are potentially more serious than others. In order to ensure that appropriate resources are given to the more serious allegations, those that are considered less serious may be looked at over a slightly longer timescale.
Enforcement register
We keep a register of enforcement, stop and breach of conditions notices that we issue. Please see our enforcement register for 2014-2022.
The register contains:
- Details of notices issued since 1 January 2002
- Address of the property to which the notices relate
- Description of the breach of planning control
- Date the notice was issued/served
- Details of the type of notice issued - for example breach of condition notice or enforcement notice
- Date for compliance with the notice
If you need more information about historic notices or would like to clarify the status of a notice, please email enforcement@hart.gov.uk.
You can request to see a copy of the enforcement register at the Council offices during opening hours, to request an appointment please email enforcement@hart.gov.uk.
Planning Appeals
An appeal can be made to the Secretary of State, where planning permission has been refused, an application was granted with conditions considered inappropriate, or an application was not determined within the appropriate time. In Enforcement matters appeals can be submitted where an Enforcement Notice has been served due to an alleged breach of planning control.
To submit your appeal online, please go to the Planning Inspectorate, or you can contact the Planning Inspectorate to request the appropriate forms.
Details of appeals made, and associated documents can be viewed online under the Council’s reference number of the planning application using Planning Online or via the Planning Inspectorate, using the Planning Inspectorate's appeal reference number.
Speaking at Planning Enforcement Sub Committee
The Planning Enforcement Sub Committee is held ever quarter and is open to the public to attend. The dates for the meeting can be found on our council meetings webpage. Public speaking is only available to the owner/occupier of the address in question, the complainant and the Parish Council. Should you wish to register for public speaking please complete our online public speaking form.
How to contact Planning:
Email planningadmin@hart.gov.uk
Phone: 01252 774419
