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Redbridge Conversation 2012

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The Planning and Regeneration Service aims to make Redbridge a better place to live.

Please use this page to learn about the investigation process, what powers are available to the Council and equally importantly, what we do not have powers to deal with.

When action can be taken

When someone wants to undertake development, including a change of use, planning permission is normally required.

Below are some examples, the first two below are unlawful development the reamining are unauthorised development:

A developer has planning permission but is not complying with the conditions attached to their permission. eg. they are not following the approved plans or failing to submit some information before commencing development.
Demolishing a building in a Conservation Area without consent.
Carrying out works to a Listed Building without consent.
Displaying a sign or an advert without advertisement consent.
Felling or carrying out works to a tree in a Conservation Area or a tree protected by a Tree Preservation Order.
Displaying certain advertisements without consent

Most breaches of planning control are not criminal offences. However, there are exceptions when immediate legal action may be appropriate. These are:

Carrying out unauthorised works to a Listed Building
Carrying out works to a protected tree.

The investigation process

The investigation process follows these steps:

An enquiry is registered, acknowledged and allocated to a Planning Investigator within 10 working days.
Research is carried out using our databases, aerial photographs and other records.
A site visit is undertaken.
Contact is made with the alleged offender. An attempt is made to resolve the breach without the need for further action.

Note

Action can be in many forms depending upon the seriousness of the case. Please refer to "Resolving Breaches" to learn about the powers we have to resolve potential breaches of planning control.
Steps 2-4, above, can take between 8-13 weeks to progress. In more complex cases this may be exceeded.

Resolving breaches

Normally, an attempt is made to remedy breaches of planning control by negotiation. Where this is unsuccessful, consideration is given to using formal powers. Use of these powers is discretionary and are taken when significant harm has occurred that warrants action in the public interest. The legal powers available to the Council include:

1. An Enforcement Notice is served to require a breach to cease. The notice explains the alleged breach, the reason for its issue, the steps required and the period of time that may elapse before action is taken. A notice takes a minimum of 28 days to come into effect, which is extended if an appeal is lodged.

2. A Stop Notice can be served where the alleged activities are causing serious and/or irreversible harm. The effect of the Stop Notice is to place an immediate ban on those activities. In deciding whether to serve a stop notice the Council is required to assess the potential risk of a costs application against the Council, arising from stopping the activity against the benefit to be gained as the Council may be liable to pay compensation if it is subsequently determined there is no breach of planning control.

3. A Temporary Stop Notice can be used where there has been a breach of planning control and it is essential that an activity is stopped immediately. As with a stop notice, there is a requirement to assess the cost against the benefits and a risk of paying compensation if it is subsequently determined there is no breach of planning control. The notice lasts for a maximum of 28 days during which time the Council must decide whether to issue an Enforcement Notice with or without a Stop Notice. There is no right of appeal.

4. Breach of Condition Notice requires an owner or occupier of land to comply with conditions attached to a planning permission. There is no right of appeal.

5. A Section 215 Notice is used to require the owner of land to tidy their land to a reasonable state, within a reasonable period of time. The Council has to be able to demonstrate that the land in question has an adverse impact on the wider area.

6. A Section 330 Notice is commonly used before issuing an enforcement notice to require provision of information about interests in the land, including ownership and occupation.

7. Planning Contravention Notice requires a land owner or occupier to give information on works or the use of land where it appears that a breach may be taking place. This power enables us to establish whether a breach is taking place.

What action cannot be taken

Here are some example situations when we are unable to take action:

1. Planning permission was not required for the works in question. Please visit our Permitted Development page for more information.

2. Obstruction of a highway. Typically this issue would relate to shared driveway or rear access road. Obstruction of a public highway is a breach of the Road Traffic Act (1988), and is dealt with by the Police. Please do not use 999 to notify the police about this matter, use the local phone number 020 8345 2825.

3. Boundary disputes. This is a civil matter. The best approach is to resolve the issue directly with your neighbour or take legal advice.

4. Dangerous Buildings. The safety of buildings is of great public importance. This is dealt with by Building Control who can attend potentially dangerous sites at anytime of the day or night. During the day call 020 8708 2529 or out-of-hours call 07961 453836.

5. Right-to-light. Your right to light dates back to the Prescription Act 1832, and was updated in Rights of Light Act 1959 . Any development can potentially block the light coming into your home.

The most common problem is where light is blocked to a side window by a high wall, that may have been built without the need for planning permission. It is important to stress that the Council will not become involved in right to light disputes.

Reporting a potential problem

When reporting a breach it helps to give as much information as possible, both about what is happening and what has happened in the past. This can include:

The address of the potential breach
When activities or building works started
Names and contact details of known owners
Other people involved

You can download and complete an Enforcement complaint form and email it to us at planning.enquiry@redbridge.gov.uk or post it to the address below.

Enforcement Team, Planning & Regeneration Service
London Borough of Redbridge, P.O. Box 2,
Town Hall, 128-142 High Road
Ilford, IG1 1DD

Points to remember

All reported breaches of planning control will be investigated, providing we have received a fully completed and signed complaint form. No anonymous complaints will be accepted.
The identity of complainants is kept confidential by the Council.
The carrying out of unauthorised works or uses is not initially a criminal offence (except for works to Listed Buildings, certain types of advertising signs and certain works to trees).
In most cases, a criminal offence only occurs after a formal enforcement notice has been served and its requirements have not been complied with.
Enforcement action is discretionary. The Council has to be sure that action is justified.
In line with Government advice, the Council will usually try to negotiate to overcome a breach of planning control.

The Council aims to provide a quality service in what can sometimes be a difficult area of planning work. Any information that may assist the Council in our work is welcomed.