Planning enforcement problems and information

What can be done about unregulated building or structure, which does not have planning permission?

A question that regularly comes up in BSACC meetings is unregulated building, which covers both signage and lighting.  We often hear complains from residents that either the council, neighbour or another party has built/changed/modified property/land to their or the community's detriment.  Most complainants don't know what they can do to resolve this problem, so turn to the BSACC for help and support. This type of issue would normally be considered as a breach of planning by the authorities.

The first and most obvious action is to speak to the party in question and see if there is a better arrangement that could be suitable to all parties.  If and when the borough council is involved, they will often take this approach first, as legal enforcement can be much more complicated. Sometimes negotiation is not possible and a more formal approach is required.

When the BSACC asked a member of the Council Localities team to advise, they said, "Swindon Council does provide a mechanism to place an objection for these types of scenarios online." They were not sure of the specifics but suggested that we take a look.



This is the information we have found regarding this mechanism:

What constitutes a Breach of planning:

The council have kindly provided this information in the following link:

planning_and_regeneration - report_an_alleged_breach_of_planning

Here is a summary below:

What a breach of planning may involve 

 

• Building Works affecting the external appearance of the building
• Internal and external works to a listed building
• Material changes of use
• Non-compliance with conditions attached to planning consents
• The display of advertisements
• Substantial demolition works in a Conservation Area
• The felling of protected trees

Works the council can't investigate

Not all works or changes of use may require consent. Where permission is not required from the local planning authority, or where planning legislation permits the development, the council will not be able to take action.

The council have provided handy document which contains some of the most Frequently Asked Questions in a (PDF) for further information.

The Council Planning Enforcement teams are unable to investigate:

• Neighbour disputes
• Land boundaries or ownership disputes
• Works to party walls
• Smells, noise and pollution
• Fly-tipping
• Use of development on highways or pavements
• Dangerous structures

But note that some of the above points will fall within the bounds of other legislation and may be investigated by those agencies.

What to do to report an alleged breach of planning control

If you believe a breach of planning control has occurred, you can report it to our Planning Enforcement Team by completing and submitting the following document:

• Planning Enforcement Complaint form (PDF)

What happens if there is a planning application or you discover that planning permission was already sort?

You can view the planning application and make a comment on it. The council has provided this information in the following link:

planning_and_regeneration - view_or_make_comment_on_a_planning_application

This is a very informative link which allows you to access and comment on planning application online

You can use the link to view or make comment on a planning application

The Public Access for Planning system allows you to:

• Search and view planning applications and associated documents
• Comment on current planning applications

Search and view planning applications and associated documents

You can search for planning applications by using the following methods:

• Application reference number ( such as: S/12/0123)
• Address (e.g. Manchester Road)
• Postcode
• Map

In addition you can track a planning application by registering with the site and entering your contact details.