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      What should I do if I think I have done something that should have had planning permission?

 

What should I do if I think I have done something that should have had planning permission?

We realise that in many cases unauthorised developments and advertisements are accidental or come about through an understandable lack of knowledge of the planning laws. It should also be realised that a breach of planning / development control is not a criminal offence, unless it is an unauthorised advertisement or works to a listed building or structure.

In accordance with national guidance, we consider that many minor breaches of planning control can be resolved through negotiation and persuasion without the need for formal enforcement action.  If a breach is found to have occurred then the person(s) responsible have the right to apply for retrospective planning permission and we often invite this. This has the advantage of allowing us to get full details of the work that has taken place and consult neighbours before making a decision. It may also be possible to make amendments or impose conditions which overcome the concerns of neighbours. Once an application has been submitted it will be treated on its merits like any other application.

If there is a breach, we do have the option to take enforcement action. It is the Council's decision whether to take action and what sort of action to take - enforcement action may take the form of enforcement notices, (temporary) stop notices, Breach of Condition Notices, planning contravention notices, or High Court or county court injunctions. Further information about the types of enforcement action that can be undertaken by us is given beloiw.

 

The Royal Borough of Kingston upon Thames, Guildhall, High Street, Kingston upon Thames, KT1 1EU

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