Planning enforcement

Breaches of planning control

Any unauthorised works or uses that need planning permission or prior consent may be in breach of planning control. The planning enforcement team aims to deal with breaches of planning control through reports of unauthorised development and changes of use.

Complaints are carefully considered against the relevant planning circumstances of each case and where necessary, appropriate action will be taken to secure compliance with planning legislation.

At North Herts we investigate an average of 240 suspected breaches of planning control every year.

Last updated: 4 March 2025

Planning breaches you can report

You can report the following types of breach:

• building works or alterations without planning permission
• development not built to the agreed permission
• alterations without consent to listed buildings, or threats to alter listed buildings
• breaches of conditions attached to planning permissions
• unauthorised work to protected trees or trees in conservation areas
• unauthorised advertisements, hoardings, banners and signs on private land
• unsightly or unkempt land or buildings causing a significant loss of amenity
• changes of use of land or buildings without planning permission (including business use of residential property)

Planning breaches are not a criminal offence unless there is non-compliance with a formal enforcement notice, unauthorised works to listed buildings, protected tree(s) or the display of unlawful advertisements.

What we do not investigate

Not all development requires planning permission, so they may not be in breach of planning control.

Some building works or changes of use are ‘permitted development’ and do not need the formal approval of the council. The enforcement team will be unable to take action in these situations.

Other circumstances where the enforcement team will not be able to act include:

• parking of vehicles on the highway
• dangerous structures and buildings
• internal refurbishments of buildings which are not listed
• using a home as a business where the main use is still residential and there is no change to the character of the property or the surrounding area
• works to or the removal of trees which are not covered by a tree preservation order or located in a conservation area
• disputes between neighbours relating to land ownership or the siting of boundaries
• noise, smell or pollution
• advertisements on highway land or structures (this is dealt with by Hertfordshire County Council)

Report a breach of planning control

To make a complaint or raise a query about a breach of planning control, use the planning enforcement complaint form which will provide us with all the information we need to set up a case.

Before you report a breach you should:

• check if the work has planning permission - use our Planning Applications portal
• see if the development is allowed - you can check if the work is permitted development on the planning portal website

You can also report a breach:

• by email to planning.enforcement@north-herts.gov.uk
• by telephone to the Duty Planning Officer on 01462 474000.

You do not have to give your name or address, but failure to do so will result in your complaint receiving a low priority. Any details supplied will be confidential.

In cases where a breach has a significant detrimental impact on the character or amenity of an area, the Council can consider the serving of an Enforcement Notice. Planning enforcement is discretionary and the Council will only take action where necessary in the public interest.

What happens next

Once an enquiry has been received via the online form, we will carry out a desktop assessment of the information provided. If further details are required to clarify your query, an officer will be in touch with you for further information. We will not proceed with the investigation if:

• no breach has been identified
• we have investigated and resolved the breach
• the development benefits from permitted development
• a valid planning application has been made (unless the breach is serious or permission is unlikely to be given)
• the development or activity has not yet taken place

If we create a case for investigation, we will carry out an initial site visit and follow the approved practice set out in our Local Enforcement Plan. This provides an explanation of how the planning enforcement process operates and timescales.

We aim to tell you the outcome of our investigation. If our investigation is delayed or carries on for a longer period of time, we will keep you up to date at the key stages.

Frequently asked questions

What does planning enforcement cover?

Planning enforcement involves ensuring that planning permissions and any conditions imposed are complied with.

It also includes situations where something requiring planning permission or related consents have taken place without permission being obtained, for example:

• construction of buildings or works, e.g. wall or fence
• change of use of buildings or land
• display of advertisements
• works to protected trees
• work to buildings listed as being of special architectural or historic interest

Is it illegal to build something without planning permission?

Whilst building something without planning permission is not normally a 'criminal' offence, failure to comply with some notices to rectify a problem can be. However, unauthorised work to a 'listed' building, preserved tree or erecting advertisements without consent is a criminal offence.

What is not covered by planning enforcement?

Planning enforcement cannot deal with some issues and you will need to seek your own legal advice, this includes:

• neighbour disputes
• land boundary or ownership disputes
• deeds of covenant issues
• works to party walls
• damage to property
• use of/development on highways or pavements

Some things can be dealt with by other departments within the Council through other powers relating to the building regulations (e.g. structural issues relating to building work) or Environmental Health (e.g. noise issues).

How do I report unauthorised development?

Planning Permission may not necessarily have been required.

Before making a planning enforcement complaint you should consider the following:

• is planning permission required for the development?
• has planning permission been granted for the development or has enforcement action already been taken. Check planning applications
• is the work "permitted development"? Visit the national planning portal website for more information

If I think a breach is occurring, how do I report unauthorised development?

Please contact the council by email, using our online Planning Enforcement Reporting Form or telephoning Customer Services.

The following information should be included when contacting Planning Enforcement:

• The exact location of the site, or address of the property in question - including which part of a site (e.g. rear, side etc)
• Exactly what has or is happening and when it occurred.
• What specific harm it is causing you or your neighbours
• When the problem started, e.g. date building work or use started.
• The more information you can give us the quicker we can resolve the problem .
• Photographic evidence (if you are able to do so)

What happens when an enforcement complaint is received?

The Council receives over insert STATS planning enforcement related queries every year and needs to deal with them in a consistent and fair manner, giving the greatest priority to the most serious and/or urgent cases.

When we receive a complaint/query we will check the following:

• does it need planning permission?
• does it have planning permission?
• are all conditions imposed by the planning permission being met?
• has a planning application (retrospective) relating to the problem already been submitted to the Council and is still to be decided?

The council also has to check how long ago a development or change of use took place as there are time limits on when action can be taken. Generally, changes of use are immune from action after 10 years and development after 10 years, although there are some qualifications.

What is a retrospective planning application?

A retrospective application is a planning application which has been made after something has already been built or a change of use has started.

What type of action can the council take?

The council has to decide whether it is expedient to take action and will not pursue cases which are trivial and/or involve a very minor technical infringement to the regulations and where no actual harm has or could arise. Nor will it take action simply to regularise a development.

We will act reasonably and seek to deal with matters in a manner proportionate to what has happened and which represents an effective use of public money.

In all cases we will need to establish the facts; this research can take some time, particularly where several site visits or surveys over a period are required.

If we find that a breach of planning control has occurred and is causing harm, we can:

• request that changes are made to the development so that it is acceptable in planning terms
• request that details required by a planning condition are submitted or implemented
• ask for a retrospective planning application to be submitted to regularise the development/use (this will give us the opportunity to consult on the development and we can impose controls through the use of conditions)
• request that construction work stops or that an unauthorised use ceases.

Can those who make a complaint do so confidentially?

Under the Data Protection Act, the identity of the complainant is always kept confidential and will not be disclosed, however, if a case goes to court there are circumstances where these details may need to be revealed .

How quickly will my complaint be dealt with?

We aim to respond to any complaint as quickly as we can, however, the time required to resolve an issue will vary considerably - from those where a quick discussion leads to an immediate stop, to an activity where formal notices have to be served.

Complex cases can for example involve detailed research, including surveys of a site over several weeks, possible submission of retrospective planning applications and decisions on them, issuing of notices, appeals and further action to enforce compliance through the Courts.
Sometimes urgent cases need our attention and other cases will then be delayed, when this causes a significant delay we will let you know.

We will aim to:

• acknowledge receipt of any complaint within 5 working days and provide an initial response within 6 weeks on the actions we are taking.
• update you on significant stages in dealing with a case, eg submission of a retrospective planning application or serving an enforcement notice.
• let you know when a case is finally resolved.

How do you prioritise planning enforcement work?

To manage resources effectively, all reports of suspected breaches of planning control will be investigated and progressed in accordance with the Council’s Enforcement Policy.

Will I be kept up-to-date with progress on a complaint?

We will aim to contact you by letter/email at the following stages of an investigation:

• to acknowledge your complaint within 5 working days of receiving it.
• to notify you whether we consider there has been a breach of planning control.
• to notify you of the issue of any formal notices issued by the Council in respect of the breach.
• to notify you if an appeal has been made against an enforcement notice.
• to notify you of an enforcement appeal decision.
• to notify you of if the Council decide to prosecute or to carry out direct action to remedy the breach.

We will not routinely contact you other than at these stages in the process unless there will be a significant delay to your case, but you may contact the case officer to obtain an update on progress.

How do I avoid a potential breach?

Some extensions to residential properties may not need planning permission. It can depend on several factors, such as the size and height of the extension and whether there have been previous extensions to the property. Please visit (www.planningportal.gov.uk) for further information.

The Duty Planning Officer will offer free, general planning advice and support.

Pre-application advice can be sought for specific project proposals, a fee is charged. Such queries must use the Pre-planning application advice services available on the Council's website.

Please ensure that you carefully read any decision approval notice, and ensure works are carried out in full accordance with the approved plans and any specified conditions.

Do not start work until all pre-commencement conditions have been formally agreed by applying for a discharge of condition application.