What we do
The enforcement team investigate alleged breaches of planning control including:
- unauthorised changes of use or building development
- non-compliance with plans or conditions
- unlawful advertisements
- unauthorised encampments
We receive about 600 allegations each year, by phone, email and in writing. A proportion of these are considered, after investigation, not to be matters we can deal with. Examples of these are listed below under the "What we can't do".
The majority of cases are resolved without the need to take formal action. In some cases, formal action, including legal action is pursued to secure compliance.
Please use the links on the right of this page to read about the Government guidance notes and policies we work within, and the "download" section to read about the priorities and standards we set for our service.
What we can't do
Boundary or Party Wall Disputes
A typical example would be a shared boundary where a new extension overhangs or encroaches onto neighbouring land. The planning service does not police private development to this extent and cannot become involved in covenant or deed disputes. We recommend that you take further advice, perhaps in the first instance from the Citizens Advice Bureau. Obstruction of the highway
Typically this problem would relate to a shared driveway or private access. Obstruction of a public highway is a breach of The Road Traffic Act (1988), this is a matter which must be dealt with by the police. For more information please get in touch with the Metropolitan Police.
Right-to-Light
The impact of development upon a neighbours light is always considered when determining planning applications, and there are guidelines and rules that are used to judge the impact of proposals upon neighbouring properties. e 'Right-to-Light' legislation dates back to 1832, and there are many misconceptions around this ancient area of English law. Above all it must be noted that planning law is separate from Right-to-Light law, therefore, legal advice should be sought, before contacting the Council.
Telling us about potential problems
If you are reading this page, it may be because you suspect a breach of planning control has taken place. Before speaking to us, please make sure you have read the "What we can't do" and the "Our principles and priorities" sections of this page.
We have developed an electronic form for your use. It includes fields for all the essential pieces of information we need which means that staff are less likely to need to ask for additional information. To use this service you can use the link on the right of this page under the "Report" heading.
By post
We prefer customers to use the electronic form found above, but if you would rather write to us, please use the address found under Contact Us on the right hand side of the page. Please include the following information:
- address of property or land in question
- details of the alleged breach
- your name and contact details
- any other supporting information (eg; photos)
Remember...
If you make a complaint, please be as specific as possible about it and include photos, letters and any other information which could help us to reach a decision about the matter.
You will need to provide your name and address for any complaint to be investigated. This allows us to update you on the progress of any investigation(s). Your details will always remain confidential unless we are instructed otherwise by yourself or by a court order.
The options open to us
Planning Enforcement Explained
We are sometimes informed of matters that ultimately may not be in the broader public interest for us to investigate further. Also complaints that appear to be motivated by competition or neighbour disputes will also not be pursued.
However where formal action is necessary, proportionate and expedient we aim to resolve matters by negotiation as a first option rather than take costly or protracted legal action.
Listed below are the 9 options we use to enforce planning legislation in Havering. These options are in a broad order of importance. Click on one of the options below for more information.
Immunity from enforcement action
Although a breach may have occurred, it may be immune from enforcement action if works finished more than 4 years ago or if an unauthorised use has continued for ten years. Whether or not action would be taken at all depends on individual circumstances.
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Allow time for remedy
Time may be given to remedy the breach or justify its retention. The enforcement team may allow for the development to be "normalised" by inviting a planning application for the development. However, any informal opportunity to resolve breaches won't delay effective action where this is clearly needed.
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Negotiate
We will look practically at the nature and effect of the breach and seek to resolve any harm caused through negotiating a solution without formal/legal action.
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Planning Contravention Notice (PCN)
A PCN enables the Council to formally require further information to better understand an alleged breach, where there is a clear indication that such a breach may be occurring.
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Enforcement Notice
This is the normal means of remedying unacceptable development where informal resolution is either unsuccessful or inappropriate. There is a right of appeal to the Secretary of State. The result of an appeal may be that a Notice is quashed or amended by the Planning Inspectorate .
Enforcement Notices are authorised by the Council's Regulatory Services Committee, and also under powers delegated to planning staff. Failure to comply with a valid Enforcement Notice is a criminal offence which may be prosecuted through the Courts.
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Breach of Condition Notice
This can be used in addition to or as an alternative to an Enforcement Notice where the unauthorised activity clearly breaches a condition attached to a planning permission. There is no right of appeal against a Breach of Condition Notice and non-compliance is prosecutable through the Courts.
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Stop Notice
This can be issued where a breach of planning control is causing serious or irreparable harm and immediate action is necessary.
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Court Injunction
This may be sought in the most serious cases where irreparable harm/damage is happening or where other actions have failed. Significant costs are involved in bringing such actions and can only be justified in extreme cases. Defendants risk imprisonment if they do not comply with a Court order. This means that the Courts will consider matters very carefully when deciding whether or not to support the Council's case.
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Default Powers
Councils are entitled to enter land to take necessary steps to secure compliance when an Enforcement Notice is in effect. In some cases this may be more effective than drawn out legal Court action. These powers do have resource implications which, in practice, limit its use.
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Our principles and priorities
Proportionality and expediency: any action should be proportionate to the level of harm involved and should take into account relevant circumstances where it is expedient and necessary to do so.
Consistency: having a similar approach to similar circumstances to achieve similar outcomes.
Transparency: being open when dealing with business and the public.
Being helpful, courteous and efficient: at all times.
Performing against agreed standards: we will target resources to fulfil our statutory functions as efficiently as practical. The standards we adhere to are listed below.
Our priorities
The following summarises the priorities we attach to the various types of enforcement matters we deal with. This means items lower down the range will generally not be given as much importance as more serious investigations.
1 - Ongoing Court of Appeal matter
2 - Complaints involving serious irreparable harm such as demolition of a listed building, felling of protected trees or large scale inappropriate changes of use Ongoing serious breach of a valid Enforcement Notice
3 - Complaints causing serious harm affecting many residents
4 - New complaints where predefined time-limits are close to expiry
5 - Ongoing investigations where no material harm has been identified or minor harm can be straightforwardly remedied
6 - All other potential planning control breaches
Our commitment to you
- Provide an opportunity to discuss or respond to issues raised before formal action is taken
- Give clear advice about what action needs to be taken, why and by when
- Explain the consequences of failing to do the above
- Once we have decided that action will be taken, we give notice of our intentions to the suspected offender
- We will work with other council services to seek a joined-up, effective remedy
To view a copy of the planning enforcement policy and other national guidance use the links on the right hand side of the page.
Our service standards
On receiving a report of a potential problem we will:
- Acknowledge and register the complaint within 5 working days
- Report the complaint to the next meeting of the monitoring committee
- If a site visit is necessary, undertake this within 10 working days
If a breach is identified, the person responsible will:
- Be advised what steps are required to remedy or regularise the situation
- Be reminded of their right to make a retrospective planning application
- Be given advice on how likely an approval is on an application
- Be given a reasonable period of time for an application to be submitted
At the conclusion of our investigation we will:
- Usually notify the suspected offender in writing of the action we propose to take and the timescales involved
- Notify the complainant about the outcome of our investigation
Our aim is to close 80% of complaints within 3 months.
Planning enforcement notices since 2002
The service list pages below contain all Breach of Condition Notices, Enforcement Notices and Stop Notices that have been issued by us since 2002.
Disclaimer
Parties that are served an Enforcement Notice have the right to appeal. This is a chance to have the matter considered by the
Planning Inspectorate.
If an appeal is underway the notice is held in abeyance which means that the Council will only continue to pursue formal enforcement action if the Inspectorate agrees with our decision.