Planning Compliance Advice

Our Planning Compliance Team is here to advise on suspected breaches of planning control. 

Typical breaches include:

• Unauthorised development
• Unauthorised use of land and/or buildings
• Non compliance with approved plans and/or conditions
• Unauthorised works to a protected tree
• Unauthorised works to a Listed Building
• Unauthorised advertisement
• Untidy land belonging to private owners
• High Hedges 

Where we find unacceptable harm to arise from a planning breach, we take action to resolve it. 

The Planning Compliance Team are unable to investigate the following matters:

• Dangerous Structures (please report it here )
• Breaches occurring on or within a public highway (please report it here )
• Parking issues (further information on traffic management can be found here)
• Disputes about boundaries or land ownership
• Matters relating to noise disturbance or pollution (further information can be found here)

Reporting a Breach of Planning Control

If you contact the Council to report a breach of planning control, please provide as much information as possible to ensure we fully understand your complaint. Please note that the Council will not respond to complaints that are deemed vexatious or malicious.

When the Council receives a report of a potential breach of planning control, we will assess the situation and take appropriate steps. 

What to Expect when you report a breach of planning control:

• Assessment and Visits: We may contact you to obtain further information on the reported breach. We may need to visit the property in question and speak with the owner or occupier. If neighbouring properties are affected, we may also visit those to gather further information.
• Response: We will keep you updated during the course of our investigation and once our assessment is complete, we will update you with our findings as soon as possible. 

You can report a suspected breach of planning control using our 'Report It' form here, or by telephone on 01329 236100.

Possible outcomes 

When no breach is identified, no further action will be taken.

When a breach of planning control is identified, the Local Planning Authority has several options to resolve the matter. The enforcement of planning control is a discretionary power, and the Council will carefully consider all circumstances before deciding on the appropriate course of action:

• No Action:  In some cases, it may not be expedient to take action if the breach is assessed and considered to cause no unacceptable harm.
• Negotiate a Solution: We may seek to negotiate a satisfactory resolution, such as amending the development to make it acceptable in planning terms.
• Seek a Retrospective Application: We may request a retrospective planning application to regularise the breach.
• Formal Enforcement Action: If the breach causes unacceptable harm and a solution cannot be negotiated, we may take formal enforcement action. This may be in the form of serving a legal notice. Notices may require steps to resolve the breach, such as reinstating the land, ceasing the unauthorised use, tidying land and any other steps deemed necessary by the Council to remedy the unacceptable harm. Failure to comply with a notice, and carrying out unathorised works to a protected tree or Listed Building is a criminal offence and may result in prosecution.

Is there a public Enforcement Register?

We have a planning enforcement notices register which lists properties in the Borough of Fareham which are subject to planning enforcement notices.

You can get more information on planning enforcement issues by emailing us at devcontrol@fareham.gov.uk or phoning us on 01329 236100.