Our Planning Enforcement Policy
Our Planning Enforcement Policy provides details on Somerset Council’s approach to investigating unauthorised development and our decision-making process when deciding whether to take enforcement action.
Local Planning Authorities have a discretionary power to take enforcement action where unauthorised development has taken place
Breach of planning control
A breach of planning control is not a criminal offence (other than in a few limited circumstances), so immediate legal action is not usually an option. We can investigate:
- Unauthorised building works, uses of land and buildings
- Breaches of planning permission/approved plans
- Unauthorised works to a tree in a conservation area or covered by a Tree Preservation Order
- Unauthorised works to a listed building
- Unauthorised advertisement displays and flyposting
- Untidy land
When we will acknowledge contact about a breach
At first point of contact, a new planning breach case is opened and the receipt of the report of breach form is automatically acknowledged by an email to the complainant.
Communicating outcomes of subsequent investigations
Outcomes are always communicated once a breach of planning control has been resolved. For example, when a structure has been removed or a planning application has been approved.
In cases where, following an initial assessment, it is found that there is no breach of planning control or where the Council has determined that it is not expedient to take any further action, the complainant will be informed at the earliest opportunity.
Will updates be sent while investigations proceed?
Updates will be given at pertinent times such, as when a resolution has been agreed, a planning application submitted or when no resolution can be achieved, and formal enforcement action will be necessary. In cases where the Council is awaiting the outcome of a decision by another body (such as the Planning Inspectorate or the Courts) before it can consider any further action, the Complainant will be informed accordingly.
Matters outside of our remit
Unfortunately, we will not be able to investigate:
- Disputes between neighbours over non-planning matters
- Land boundary, ownership disputes or issues with Covenants and Deeds
- Hedge related neighbour issues.
- Uses, signage or development on highways, pavements or grass verges; contact the Highways team.
- Dangerous structures. If affecting public safety, contact Somerset Building Control.