A breach of planning control is carrying out a development without the required planning permission, or failing to comply with any condition with which planning permission has been granted.
Examples of breaches of planning control:
- Buildings that are erected, extended or altered without permission.
- Engineering operations which take place without permission.
- Work that is carried out that does not follow previously approved plans.
- Any situation in which planning permission is granted but not complied with.
- An unauthorised change of the use of a building or land (using a residential property for business for example).
- Work on listed buildings without prior Listed Building Consent (LBC).
- Failure to comply with conditions or terms of a legal agreement attached to permission/consent.
- Demolition in a conserved area.
- Work on protected trees without consent or proper notification.
- Advertising without consent.
We will attempt to resolve issues by:
- discussing them with developers
- serving enforcement notices
- taking direction action and resolving the cost
- completing legal proceedings.
It may not always be practical to take formal action, but we will investigate all breaches.
A breach of planning control is a criminal offence when it concerns:
- work to listed buildings
- protected trees
- the display of advertisements without the necessary consents.
An offence can also take place if the developer fails to comply with the requirements outlined in an enforcement notice that has been sent to them.
To report a planning breach, we need:
- your name
- your address
- your contact details
- details regarding how the development does not comply
- details of the harm being caused
- photos or a video clip of the alleged breach emailed to planning.enforcement@colchester.gov.uk with a note identifying the site.
We do not accept anonymous forms, but will keep your details confidential. We may contact you if we need more information.
Do not use this form for general enquiries, planning comments or complaints, as they will not be responded to.
What happens after a breach is reported?
After we receive your form, or if we suspect a breach of planning control, an officer will inspect the site.
If we identify a breach
If a breach is confirmed, we will contact the person responsible and explain:
- what the breach is
- what needs to be done
- how they can fix the issue
Resolving breaches without formal enforcement action is often the quickest and most cost-effective option.
If the breach is minor, or can be resolved through negotiation or voluntary compliance, we will give the landowner an agreed time period to put things right.
When we take enforcement action
If the breach is serious, cannot be granted planning permission, or the landowner is unwilling to stop or remove the development, we will take formal enforcement action. This may happen immediately in urgent cases.
How long the process takes
It can take several weeks before an officer visits the site.
This is because we first contact the landowner to check:
- whether the development needs planning permission
- whether permission could be granted
If formal enforcement action is required, the process may take longer.