Report a planning breach

If you think works have been carried out without planning permission, you can report it to us.

Anonymous complaints

We can't accept anonymous complaints.

If you don't want to tell us your personal details, you can ask your local councillor to contact us on your behalf or contact your MP.

We can investigate if someone has:

• Erected, extended or made alterations to a building without consent.
• Changed the use of a property without consent.
• Carried out building work which is different to the planning permission that was granted.
• Not complied with the conditions of the planning permission that was granted.
• Displayed an unauthorised advertisement.
• Felled or pruned a protected tree (trees in a conservation area or protected by a Tree Preservation Order).
• Removed a hedgerow without proper permission (this does not include hedgerows in or around residential properties).
• Planted a high hedge. You should try to resolve matters with neighbours yourself / through a mediator before contacting the Council. The Council will charge a fee to look into these matters.
• Untidy land or buildings.
• Demolished a building in a conservation area.
• Carried out unauthorised works to or demolished a listed building.

What we can't investigate

We can't investigate:

• Boundary and ownership disputes (including Party Wall Act issues)
• Breaches of restrictive covenants (a contract between 2 landowners)
• Works or activities on the public highway
• Noise complaints - see how to report noise complaints
• Fly-tipping - see how to report fly-tipping
• Dangerous buildings - see how to report dangerous buildings

Once we have finished our investigation, we will send you our findings.

Our investigation will usually have 1 of 3 outcomes:

1. No planning breach has taken place
2. A planning breach has taken place, but there is no significant harm
3. A planning breach has taken place, and there is significant harm

1. No planning breach has taken place

This could be because:

• the works do not need planning permission, or
• too much time has passed since the breach took place. 

We will not take any further action.

2. A planning breach has taken place, but there is no significant harm

We will ask the owner to apply for retrospective planning permission.

3. A planning breach has taken place and there is significant harm

We will try to work with the owner to remedy the breach informally first.

The exception to this is if substantial or irreversible harm would be caused by not taking immediate enforcement action.

If we can't remedy the breach informally, we will take formal action.

This will usually involve a formal planning enforcement notice that will set out:

• What needs to be done to solve the breach
• How long they have to solve the breach

We publish planning enforcement notices on our website.

The Council can prosecute some planning breaches without serving a notice. For example, felling or pruning works to protected trees and unauthorised advertisements.

The owner will usually have the right to appeal against the notice to the Planning Inspectorate.

If they appeal, the action they have been asked to take in the enforcement notice will be put on hold until their appeal has been considered.

If the appeal is successful

If the appeal is successful, we can't take any further action.

If the appeal is unsuccessful

If the appeal is unsuccessful, they will need to comply with the requirements of the enforcement notice (unless the notice has been changed by the Planning Inspectorate).

If they don't comply, the Council would normally look to prosecute the owner/occupier.

Maximum timescales from the date we receive your complaint:

Acknowledging your complaint - 5 working days

We will write to you within 5 working days to let you know we have received your complaint and give you the contact details of the Council officer handling it.

Highest priority alleged breaches - 10 working days

We will investigate your complaint and provide you with a written update on the outcome within 10 working days.

Highest priority alleged planning breaches are:

• Breaches that cause, or have the potential to cause, life threatening or other serious harm to human health and safety, protected wildlife species or designated wildlife habitats.
• Felling or pruning works to protected trees.
• Unauthorised removal of hedgerows.
• Demolition works to listed buildings or buildings in conservation areas.
• Removal of original features from the exterior or interior of listed buildings.

Other alleged planning breaches - 30 working days

We will investigate your complaint and provide you with a written update on the outcome within 30 working days.

It may take longer than 30 days to investigate certain complaints (such as change of use). This is because activity must be monitored over a longer period of time. If this is the case, we will let you know in writing when we aim to provide the findings of our investigation.

Further updates - at least every 30 working days

It can sometimes take a considerable amount of time to resolve the breach where significant harm is caused and needs to be remedied.

Whilst it is not possible to provide a precise timescale, the Council officer handling your complaint will provide you with regular written progress updates until the breach is resolved - at least every 30 working days.

We will

• Aim to strike a fair balance between:
  • protecting the quality or character of an area, and other interests of importance in the planning system, and
  • allowing development to take place that is acceptable in principle, even though it may initially have been unauthorised.
• Follow the Council's PROUD values.
• Adhere to the Equality Act 2010 and Public Sector Equality Duty.
• Try to resolve planning breaches informally before resorting to formal action.
• Make sure remedies are proportionate if formal action is taken.

Local and national planning policies

We will consider local and national planning policies, as well as the East Boldon Neighbourhood Plan and Whitburn Neighbourhood Plan if appropriate.

Confidentiality

Your report will be investigated confidentially.

Your personal details will not be provided to others outside of the Council.

You may be asked to disclose your personal details if legal action is needed. 

Businesses

We will try to work with businesses (particularly small businesses), community, sports or charitable organisations in a way which allows them to continue operating. This could be on the existing site or from an alternative site.

Planning Enforcement Notices

All Planning Enforcement Notices and Planning Inspectorate decisions will be published on the Council's website.

See Planning Enforcement Notices.

Other breaches

If the issue breaches other legislation, we will refer those matters to other Council teams / public sector partners.

If you are unhappy with how we have dealt with your complaint, email planningapplications@southtyneside.gov.uk.

If you are still not happy, you can make a formal complaint.