Planning Services - Frequently Asked Questions

Development Control Enforcement FAQ's

Q  How do I make a complaint about a breach of planning control?

A  Anonymous enforcement complaints will Not Normally be accepted or investigated and telephone callers are asked to submit their complaint in writing, however complaints can be made by e-mail if a name and address is provided (all complaints are treated in confidence).

If you would like to contact us regarding an enforcement issue (such as whether some development work you have seen has planning permission) please contact our

• Enforcement Team
• Further information is available on the Planning Enforcement Page.

Q What will you do about it?

A The Council Enforcement Policy establishes the circumstances in which the Council might take enforcement action and the type of action it may consider.

Your complaint will be registered and acknowledged and assigned to an officer for investigation. Research and site visits will Normally be necessary to establish the full facts of the matter. What action, if any, may follow will depend on whether a breach of planning control has been identified, whether it is material, and whether it causes serious harm.

Enforcement action is discretionary and will Normally be regarded as a last resort. Formal action may take the form of an Enforcement Notice, Breach of Condition Notice, or even an injunction or prosecution action - depending on the individual circumstances. Alternatively it may be that No action is expedient.

• Council Enforcement Policy

Q Why does it take so long?

A The necessary process of investigation, research, legal interpretation and advice, professional analysis and negotiation, is a time consuming one which is often both complex and contentious. Retrospective applications and appeals can lengthen the process by many months more. Whilst quick action is possible (e.g. by the use of a Stop Notice) strict criteria and legal considerations mean this will only happen in rare and extremely serious circumstances.

Q Isn't it illegal to build without planning permission?

A No. Its status will be 'Unauthorised', but this is Not a criminal offence until or unless an Enforcement Notice has been issued and has Not been complied with by the end of the specified period. The only exception to this is the unauthorised display of an advertisement or alterations to a Listed Building - both of which ARE an offence.

Q Why do you let them make retrospective applications?

A Because we must. Anyone who finds themselves in breach of planning control has a right to seek to regularise the situation by seeking planning permission retrospectively and the council has a legal duty to determine any such application. This is in accordance with Government Policy. Many breaches are miNor in value and, entirely acceptable – there has to be a mechanism by which such situations can be regularised.

Q What if my neighbour builds over my boundary?

A This issue is an entirely private legal matter between the two parties concerned, and the local planning authority has No right or duty to become involved in disputes. Neither does it hold boundary or ownership records for private land or property. Such information can be found on your deeds, or through HM Land Registry.

Q Where can I get more help or advice?

A From the Enforcement and Conservation Team direct, or otherwise from one of your Ward Councillors. Alternatively, the West Midlands Planning Aid Service offers free help and advice in certain circumstances. You can also visit the Enforcement Web Page or by email at planningenforcement@solihull.gov.uk

• Further information is available on the Planning Enforcement Page