Planning Enforcement
(Also known as: breach of conditions, unauthorised development, built without permission, unlawful development)
Planning Enforcement is a team of people who make sure that the planning laws are not broken and nothing is built unless the necessary permission is given.
Contact Details:
Telephone: 023 8083 2464
Email: planning.enforcement@southampton.gov.uk
Details of service:
Enforcement Policy
The adopted Enforcement Policy is now available on the right hand menu.
The government advises that it is good practice to have an Enforcement Policy. The Enforcement Policy is aimed at providing an open and transparent process to give clarity on procedure and to manage expectations of complainants as well as those who have carried out unlawful development.
Unauthorised Developments
Any building work that normally requires planning permission from the Council but is carried out without first obtaining such permission, constitutes unauthorised development. This is one of the most common causes of complaint that we receive from members of the public.
Carrying out unauthorised development is not a criminal offence and therefore cannot be treated as one, unless the property is a listed building. More often than not, we can request that the owner of an unauthorised development submits a retrospective application to regularise the work.
Please note that not all building work requires planning permission. Permitted Development allowances do allow some specified building works and changes of use to proceed without the need to submit an application for planning permission.
What we can investigate
- Unauthorised building developments
- Unauthorised changes of use
- Unauthorised works to Listed Buildings
- Display of unauthorised Adverts/Signage
- Untidy land belonging to private owners
What we cannot investigate
- Matters relating to dangerous buildings/structures.
Please contact the Building Control service
Tel: 023 8083 2558
Fax: 023 8083 3220
- Breaches occurring on or within a public highway
- Matters relating to noise disturbance or pollution
email: actionline@southampton.gov.uk
Tel: 0800 5 19 19 19
Fax: 023 8022 3616
How we deal with complaints
Most breaches of planning control are reported to the Council directly by members of the public. The procedure outlined below is a brief guide to how we may respond to these complaints:
1. Complaint received and logged.
2. Planning history check of the site carried out.
3. If required, a site visit by an Enforcement Officer is made to establish the nature of the alleged breach and gather evidence.
4. Where a breach is found, the landowner may be requested to take necessary action to remedy the breach.
We may request:
- the owner/developer submits a retrospective planning application to regularise the unauthorised development/activity. However, we will treat this just like any planning application and it will be considered on its merits.
- the owner provides information that proves that Planning Permission is not required.
5. Where there is a repeated failure to comply with our requests, and where the breach continues, the Council will consider taking formal enforcement action. This action will depend on the type of breach that has occurred. Enforcement action will only be commenced when we consider it expedient to do so and when all other reasonable options to remedy the breach have been exhausted.
Please note formal enforcement action can be a long and complex process. It is not an immediate solution to any unauthorised development/activity and in some circumstances there is a right of appeal against the action.
If you want to make a complaint
If you wish to make a complaint about a suspected breach of planning control, please be prepared to provide as much information as possible. We will not respond to any anonymous report. A name and address must always be supplied. On the right hand side there is an electronic form. This form is in PDF format and can only opened using the right software like Acrobat Reader
If you don't have Adobe Acrobat Reader® you will need to go to the Adobe web site. Please click this logo 
The form can be filled in and emailed or you can save it and print it and then post it as normal. If you email, the form will automatically select the correct email address
We will need to know:
- The address or detailed location of the site.
- Precise details of the alleged breach.
- When the alleged breach started/took place.
- The nature of any building work/uses of the property.
- The previous and current uses of the property (if possible)
- Names, addresses, telephone numbers of persons responsible.
- Your name, address and contact number (All complaints are treated as confidential, however information may have to be disclosed under the Freedom of Information Act 2000, The Data Protection Act 1998 or the Environmental Information Act 2004 )
Remember: Our best sources of information about suspected breaches of planning control are members of the public. The information you provide may be crucial to our investigation of alleged breaches.
If you have a complaint or want to report a suspected breach of planning control please contact our Planning Enforcement Team.
Contact:
Planning Enforcement Team
Tel: 023 8083 2464
Fax: 023 8083 2607
Email: planning.enforcement@southampton.gov.uk
By post:
Planning Enforcement Section
Development Control Service
Ground Floor
Civic Centre
Southampton
SO14 7LS
Last updated: 31 October 2008
