Breaches of planning control

If you think a breach of planning control has taken place, you can report this to us.

You should read the guidance on this page first, and if you still think a breach of planning has occurred, then report it to us. 

Visit GOV.UK for further guidance on planning enforcement and post-permission matters.

What is a planning breach 

When works are carried out without the correct permissions, there may be a breach of planning control. 

When rules are broken, we can take different types of enforcement action.  However, we only take formal action where it is needed to prevent harm and to support our planning policies.

A planning breach happens when:

• development that should have had planning permission takes place without permission being granted
• planning permission has been granted but the work differs from the one shown on the plans that we have approved
• when planning permission has been granted, but the conditions of that permission aren’t being adhered to 

Check if there is planning permission

You can search our planning database for the planning application to check if planning permission has been granted for the work being carried out. 

If you can't find any planning permission for the development, that doesn’t necessarily mean that there is a breach of planning control.

Not all developments require planning permission as the work may be legally be done under permitted development, a type of planning permission granted by central government. You can find examples on the National Planning Portal. 

What we’ll investigate

We will investigate:

• unauthorised development such as new buildings, extensions and alterations to existing buildings
• unauthorised land uses such as new types of business running from a property, a new use of land, and similar
• building works that are not in accordance with approved plans
• breaches of the conditions placed on a planning permission
• illegal works to protected trees and listed buildings
• illegal advertisements
• neglected land and property that is an eyesore

What we can’t investigate

We cannot investigate the following as they are not planning issues;

Obstruction of a highway or public right of way

To report a highway obstruction, you should contact TfL or make a report to our highways team. If there is a highway safety issue can be reported to the police.

Parking in residential areas or on grass verges 

If you have a complaint about a commercial or other vehicle parked on the highway in residential areas or on grass verges, you should contact TfL or make a report to our highways team.

Trespass on land

Trespass is a private or civil matter. This will not be dealt with under planning legislation. Any advice on civil matters should be sought from a solicitor or the Citizens Advice Bureau.

Deeds and covenant restrictions

This is a private or civil matter. This will not be dealt with under planning legislation. Any advice on civil matters should be sought from a solicitor or the Citizens Advice Bureau.

Boundary disputes 

This is a private or civil matter. This will not be dealt with under planning legislation. Any advice on civil matters should be sought from a solicitor or the Citizens Advice Bureau.

Clearing land of hedges, bushes, or undergrowth

Unless subject to Ancient Hedgerows Regulations 1997, details can be found on GOV.UK. 

Internal works to a non-listed building

Structural works may be subject to building control regulations. You can contact the Kingston building control team by email. 

Parking a caravan within the curtilage of a residential building

Provided its use is incidental or ancillary to the main dwelling, in most cases caravans are not classed as buildings and therefore it is their use that is subject to planning controls. 

Insertion of additional windows in residential dwellings

Once a building has been occupied, windows may be inserted into existing walls provided there is not a planning condition to prevent or restrict this. 

Health and safety issues on a building site

These matters are ordinarily the responsibility of the Health and Safety Executive. This includes matters related to asbestos removal, noise, and alleged unsafe working practices. If there is a highway safety issue can be reported to the police.

Make a report 

You can make a report using our online form. You should give us:

• as much information as you can, and 
• any evidence such as photographs

Report a suspected planning breach 

How we enforce planning decisions

You can read about what we do after you’ve made a report.  

Our Enforcement Register

Use our general enquieres form to request a copy of our register of enforcement notices 

Appealing against enforcement action

The Planning Inspectorate website explains how to appeal against enforcement action.

Complaints handled by other teams

This page is only for reporting Planning breaches.

The use or obstruction of highways, pavements, or verges are dealt with by our Highways team

Air, noise, or light pollution is dealt with by our Environmental Health team

Substandard building work or dangerous structures are dealt with by our Building Control team.

How we handle your information

We will never reveal the identity of any complainant even in the event of a Freedom of Information request. However, we will have to say that a complaint has been received. 

We don’t usually investigate anonymous complaints, and cannot undertake casual or informal inspections.