What is NOT a breach of planning control
The Council is often asked to investigate matters as a breach of planning control which are not covered by planning legislation. Some matters which are not breaches of planning control include:
- disputes over private rights of way
- breaches of restrictive covenants referred to on property deeds
- disputes over boundaries or the ownership or control of land
- technical building issues relating to building regulations or a building warrant
- matters relating to the management of a site or the behaviour of contractors
- parking disputes regarding contractor vehicles and lorry movements to site
- road safety matters
- reporting abandoned vehicles
- environmental or building safety
- boundary or party wall disputes
- Caravans parked on residential driveways and gardens if the use is ancillary to the main dwelling
- Where work or use has not commenced as a matter of fact
- Internal changes (unless a Listed Building or creates an additional dwelling(s)). Such changes may require Building Regulations approval. Details of building regulations approval can be checked on My Property.
Some of the above are classed as civil matters between the parties involved. If disputes cannot be resolved through agreement between the parties, independent advice should be sought from the Citizens Advice Bureau, a solicitor or Party Wall surveyor.
Matters relating to site safety, management or behaviour of contractors should be reported to Health and Safety Executive or Considerate Constructors Scheme.
Matters relating to dangerous structures should be reported to Building Control.
- Some matters are covered by planning legislation but are granted deemed planning permission by national legislation - the Town and Country Planning (General Permitted Development Order) 2015 (as amended) (GPDO), - if this is the case then a breach is unlikely to have occurred. Such deemed planning permissions can cover:
- hardstanding to form a driveway that is permeable or drains to natural ground or a soakaway
- Extensions and outbuildings
- Material changes of use, for example, changing from a shop to an office
- Telecommunications equipment
Matters relating to licensing of Houses in Multiple Occupation, such as the condition of the property, should be reported to Private Sector Housing.