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What sort of things are breaches of planning control?
What sort of things are breaches of planning control?
The Planning Enforcement Team is responsible for making sure that developments in the Borough are in accordance with any planning permission that has been granted and do not take place without the correct approval. It does not deal with anything outside of this, which means that the Planning Enforcement Team cannot investigate complaints about:
Air/ Noise pollution
Contact Environmental Health on 020 8547 5536
Works to party walls
Contact Building Control on 020 8547 4699
Ownership of land
Contact Land Registry on 020 8781 9103
Boundary ownership or disputes
Consult your property deeds or mortgage lender
Use of or obstruction of highways, pavements or verges
Contact Highways on 020 8547 5750
Dangerous structures
Contact Building Control on 020 8547 4699)
Examples of breaches of planning control that the team can investigate are listed below. Please note that the actions described in the first two sections are not criminal offences and the owner of the land or building cannot be prosecuted. However, in appropriate circumstances, the Council can take action to resolve the breach. This is explained under What actions can the Council undertake to remedy breaches of planning control? section.
Unauthorised Building Work
- Building or engineering works, which are undertaken without the required planning permission.
It is not a breach of planning control if the work does not constitute "development" or it is "permitted development". "Development" does not include work that affects only the inside of a building or does not materially affect the external appearance of the building.
Many types of work are exempt from requiring planning permission under National Regulations, which change from time to time. This is called permitted development or 'PD'. Common examples include some extensions to private dwellings or certain outbuildings in the garden. For general advice about Permitted Development or if you need to know whether specific work requires planning permission, please contact the Development Control Department on 020 8547 5332 or email dc@rbk.kingston.gov.uk.
- Building work being undertaken following planning permission, which is not carried out in accordance with the approved plans or any conditions imposed by the Council as part of the permission.
Changes of Use of Land or Buildings
A significant change of use to a building (or part of a building) or land normally requires planning permission. If planning permission has not been obtained when the change of use takes place, there is a breach of planning control.
There are some changes of use which do not require permission and these are defined in National Regulations. A common example of an exemption would be the change of type of a shop from, say, a butcher's to a greengrocer's, although there are certain exceptions. Please ask if you are not sure. Certain temporary uses of land and buildings may also be permitted development.
You should be aware that if land and buildings have been in use for a certain period of time without planning permission then the land or building becomes immune from enforcement action.
Works to Listed Buildings
Both internal and external works to a listed building will usually require Listed Building Consent. It is an offence to carry out work without the necessary consent and in these cases the owner may be prosecuted.
Minor alterations, which do not affect the special interest or character of the building, or repairs, do not need consent. You are strongly advised to check with the Council's Conservation Team before you start.
Advertisements/Signs
The display of advertisements is controlled by National Regulations. Consent is needed to display many types of adverts and signs. Failure to obtain the necessary consent is an offence, which may result in prosecution.
Trees
Trees can be protected in one of two ways; either by a Tree Preservation Order or because they are located in a Conservation Area. In both cases, works to the tree(s) or removal without following the appropriate procedure, can constitute an offence which can result in prosecution. The Council is advised by its Arboricultural Officer who can be contacted on 020 8547 5332.