Planning Enforcement

A breach of planning control happens when a development has taken place without the required planning permission or when a development is not being carried out in accordance with any of the imposed planning conditions. It is defined further within the Town and Country Planning Act (Section 171A).

Examples of Planning Breaches

Examples of planning breaches include:

where something has been built without planning permission
alterations made without planning permission
when the use of land or a building has altered without planning permission
works to listed buildings without consent
display of unauthorised advertisements
works to trees protected by tree preservation orders or trees in conservation areas and rural agricultural hedgerows
where conditions attached to planning approvals have not been complied with
where limitations or conditions set out within the General Permitted Development Order have not been followed
where the poor condition of land is impacting the visual amenities of the wider area

Issues that we cannot investigate

There are many issues which we cannot take action against under planning enforcement such as civil matters or issues covered by other departments in the Council.

You should seek your own legal advice for civil issues such as:

neighbour disputes
land boundaries
deeds of covenant issues
works to party walls

Report a breach of planning control

Before you submit a request for us to take planning enforcement action online, use our public access service to check the planning history of the premises you would like to report in case planning permission has been granted or there is a planning application pending.

Hartlepool Development Corporation (HDC)

Please note that any complaints relating to alleged breaches of planning control within the Hartlepool Development Corporation areas would not be investigated by Hartlepool Borough Council and such complaints would need to be directed to the HDC direct.

Submit a request for planning enforcement

How we carry out planning enforcement action

We have several options available to us which range from deciding that no further action is needed to seeking an injunction.

Our legal power to enter land

We have the power to enter land for enforcement purposes, if there are reasonable grounds to do so. For example, to investigate an alleged breach of planning control or to check compliance with the requirements of previous planning enforcement action.

Limitation of planning enforcement

We cannot take enforcement action on unauthorised developments if the development has happened more than:

4 years after the substantial completion for operational developments such as structural alterations or construction
4 years after an unauthorised change of use to a single dwelling
10 years after any of breach of planning control

These limits do not always apply. For example, if someone has deliberately concealed a breach of planning control, we can still take enforcement action even after the time limit has passed.