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Greater Cambridge Shared Planning

Planning Compliance

On this page you can find out:

  1. What is Planning Compliance?
  2. What is a breach of planning control?
  3. How to report a breach
  4. Investigating a breach
  5. What we can tell you about the investigation
  6. What to do if you receive a compliance notice
  7. How to appeal a notice
  8. Compliance Enforcement register
  9. Compliance Enforcement Policy

What is Planning Compliance?

The planning compliance process checks that developments have the permissions they require to proceed. It also ensures fairness, stops unacceptable/unauthorised development, and gives communities confidence in the system.

What is a breach of planning control?

When developments do not have the required permissions, this is called a breach of planning control. A breach of planning control can be reported to the planning compliance team to investigate. They will then look at the extent of the problem and decide on what action should be taken.

The council always aims to resolve planning compliance, through negotiation, and discussion without resorting to formal action.

Where a breach of planning control cannot be remedied by lesser steps the Council will take formal action where it is considered expedient to do so.

Carrying out development without the benefit of the relevant planning permission does not initially constitute a criminal offence, except in some instances of unauthorised works to listed buildings or the display of certain advertisements.

For all other breaches of planning control, a criminal offence only takes place when an Enforcement Notice has been issued, has taken effect and its requirements have not been complied with.

Taking Enforcement Action

Formal enforcement action is discretionary, and we must first consider all the relevant planning circumstances, including the relevant development plan policies and any other material considerations, before determining whether to pursue any formal action.

We pursue formal enforcement action when the breach of planning control is causing harm, or conflicts with development plan policies. Just as with a planning application, each enforcement investigation must be looked at on its individual merits.

We may decide to hold off on formal enforcement action whilst the person makes a retrospective application for planning permission or consent (the retrospective application for planning permission will be subject to our normal publicity and consultation procedures prior to determination).

For an overview of breaches of planning control, you can watch our video:

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How to report a breach

If you suspect a breach of planning permission has occurred you should report it to the Council using the online reporting form.

You will need to provide information about the nature of the breach and the location, as well as your name, address and contact details. In addition, photos or other documents can also be uploaded as evidence. If there is enough information in your enquiry form to allow officers to proceed with the case, they will start their investigations.

If you report a breach of planning control by email to any Council email addresses it will be returned to you with a request for you to submit your complaint using the online form. Using the online form ensures that we receive enough information and that you receive an acknowledgment of your submission, as well as contact details of the officer assigned to the case for investigation.

Once the case has been assigned to a member of the team you will receive a further email update which includes the case reference number, and the assigned case officer’s details including their email address. You will only receive these acknowledgments if you use the online reporting system and provide a valid email address.

Your personal details are confidential and will only be accessible to the Compliance Team.  Whilst very rare, the actions taken by the Council may result in legal action being taken and your details may have to be made public as part of that process, as required by court procedures. Additionally, you may be called to be a witness though this is entirely voluntary.

If you do not wish to submit a complaint using the online reporting page or wish to remain anonymous then you should contact your local Parish Council, bringing the matter to their attention and ask that they take the matter up on your behalf. Alternatively, you can contact your local Councillor and ask them to raise the matter on your behalf.

Our online form is the only way to report a breach - reports sent to our email address will not be responded to.

When a breach has occurred

Please see below examples of where a breach of planning control is likely, or not likely to have occurred. The lists are not exhaustive and are only provided as some examples to explain what are likely to be breaches or not.

  • building work or alterations have been carried out without planning permission, and are not permitted development – you can check if permission has been granted by searching on Public Access
  • building work has planning permission but it is different from the approved plans.
  • there has been a failure to comply with the conditions that were attached to a planning permission.
  • work or demolition has occurred to a listed building or a building in a conservation area without permission or consent - you can check if permission has been granted by searching on our Public Access database
  • unauthorised work to a tree or trees protected by a Tree Preservation Order (TPO).
  • work to a tree or trees in a conservation area, or work to any rural agricultural hedgerow, has been carried out.
  • the significant raising or lowering of ground levels or land, or the formation of earth bunds.
  • the use of land or a building has changed without permission.
  • unauthorised display of an advertisement or sign.
  • the land or building is in poor condition and is impacting on the visual appearance of the wider area.
  • short term visitor accommodation - with short-term lets of properties where there is a high rate of turnover of occupiers and where properties are used to accommodate large groups of people, there is possibly a need for planning permission because the residential use of the property has materially changed.
  • development has occurred which is not permitted because an Article 4 Direction has been made (an Article 4 Direction restricts permitted development rights, which means that a lot of the works people are able to do to their land or houses without planning permission will now typically require planning permission).

When a breach hasn't occurred

  • building work or extensions that don’t require planning permission. Legislation allows for a range of building works which can be done without formal planning permission – this is known as permitted development.
  • changes in the use of land or buildings which are not so significant that they comprise a material change of use.
  • the display of advertisements which do not require consent - the regulations relating to advertisements allow the advertiser to display certain types of advertisements without the need to make a request for advertisement consent.
  • where operational development has been carried out more than 4 years ago it is immune from enforcement action.
  • where a residential use of a building has taken place for more than 4 years it is immune from enforcement action.
  • where any other change of use has existed for more than 10 years it is immune from enforcement action.
  • issues relating to waste disposal, burning, including bonfires and tipping which are handled by Environmental Health at either South Cambridgeshire District Council or Cambridge City Council.
  • issues relating to the adopted highway (including advertisements displayed within the Highway or on street furniture, or illegally parked cars) – these should be referred to Cambridgeshire County Council which is the Highways Authority.
  • problems relating to noise and disturbance; smell nuisance and light pollution which are investigated by Environmental Health at either South Cambridgeshire District Council or Cambridge City Council.
  • If buildings or extensions have been constructed inadequately or there are concerns regarding potentially dangerous structures, you should contact our Building control department.
  • problems relating to covenants or other legal restrictions on a specific piece of land or building – these are civil and/or legal matters
  • neighbour disputes concerning antisocial behaviour (this is a police matter)
  • boundary, or land ownership disputes are a civil matter between the parties involved and you will need to seek you own legal advice.
  • work to trees that are not covered by a tree protection order or are not in a conservation area.
  • suspected future breaches (things you believe might happen).
  • trade or competition complaints.

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Investigating a breach

Some cases are very straightforward, and investigations may only take a matter of days before establishing whether a breach of planning control has occurred or not. More complex cases can take longer. Investigations can take many forms and may require several visits over an extended period.

We appreciate that when a breach of planning control occurs, those affected will want the matter dealt with swiftly. However, we will prioritise breaches of planning control which are considered more serious than others and must be dealt with more urgently. 

Our aim is to carry out an initial site visit, depending on the priority of the case, within 5 to 20 working days following receipt of a complaint (as detailed below). When an investigation is considered necessary, cases will be dealt with on a priority basis as follows:

  • high priority cases are for work which is irreversible or irreplaceable and these will be visited within 5 working days – examples include damage or loss of listed buildings or protected trees.
  • medium priority cases are for when activities have or can cause harm, such as adverse effects on conservation areas or breaches of conditions. These will be visited with 10 working days.
  • low priority cases are for a development which may cause some harm but could be made acceptable by way of implementing conditions or simple correction action.. These will be visited with 20 working days.

In every case, we try to achieve an outcome at the earliest possible stage.

What we can tell you about the investigation

There is a high level of confidentiality attached to planning enforcement enquiries and, unlike planning applications, such files are not public records.

We will tell you if there has been a breach of planning control. If there has been a breach, we will advise you of any action we will be taking to remedy the situation and update you accordingly until the matter is resolved.

What to do if you receive a compliance notice

  • immediately stop work on the development until a course of action has been discussed and agreed with us.
  • respond promptly to any correspondence you receive, which might include a legal notice to provide us with more information, and a date by which you will need to reply.

We recognise that genuine mistakes are made, and most complaints are resolved without the need for any formal action. We will always advise you on the best course of action to resolve this issue as soon as possible.

What to do if you received a formal enforcement notice of any kind from the Council

  • read the notice carefully it advises you of what you are expected to do and by when
  • the notice will explain what the breach of planning control is, and the reasons why the Council has issued the notice
  • the notice contained the details of an officer to contact to discuss the notice and they can answer any questions you may have
  • the notice will contain details of any rights of appeal you may have, and it will also explain how you make an appeal against the notice
  • you may receive more than one notice, and you will need to act upon all notices that you receive

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How to appeal a notice

Compliance enforcement appeals for certain types of notices in England are dealt with by the Planning Inspectorate, a government agency which takes an unbiased approach to the procedures. There's more information about the appeal process and how to submit an online enforcement appeal through the GOV.UK appeals page.

Other appeals require you to make an appeal to the Magistrate’s Court for the matter to be heard by them.

Some notices have no right of appeal at all.

Please read your notice carefully to see what type of appeal you may have against your notice.

Compliance Enforcement register

It is a statutory requirement for every planning authority to keep and maintain a register of enforcement notices, which relate to their area and open for public inspection at all reasonable hours.

The Register contains information about all the following orders and notices: 

  • planning enforcement orders
  • planning enforcement notices
  • stop notices
  • breach of condition notices

Cambridge City and South Cambridge District Council Enforcement Register is part of the Planning Public Access system. You may find the following guide Public Access User Guide useful to search for this information.

Compliance Enforcement policy

The information on this website provides an overview of the Greater Cambridge Shared Planning Service’s (GCSP) approach to enforcement. The purpose of the Planning Enforcement Policy document is to provide a comprehensive explanation of the ways in which we will use our enforcement powers.

You can view our new Greater Cambridge Shared Planning Compliance Policy.

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Planning applications