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Report a breach of planning regulations

If you think someone has broken or not followed planning laws you can report it to us. You can check if planning permission has been granted.

Phone us as soon as possible on 01242 264328 if you think there is:

  • harm to a listed building
  • someone cutting down a protected tree
  • a significant health risk
  • danger to the public

For all other planning breaches please report them online. Please provide as much detail as possible. Your contact details will not be passed on to anyone else.

Report a breach of planning

What happens next

We will investigate and decide what we need to do. In some cases there may not have been a breach so we do not need to do anything.  We try and resolve as many breaches as possible by talking with the land or property owner. Where this is not possible we may issue an enforcement notice which could eventually lead to prosecution.

It can take several months to resolve a case. 

About planning enforcement

A breach of planning control happens if development is carried out that needs planning permission but the necessary planning permission has not been first obtained. A breach of planning control also includes development that is not in line with approved plans or doesn't comply with planning conditions attached to the planning permission.

It is also a breach of planning control if certain other work is carried out without the necessary consents being first in place, for example listed building consent or works to protected trees.

Local enforcement plan

Cheltenham Borough Council has adopted a local enforcement plan. This explains

  • how we will carry out planning enforcement investigation
  • the priority in which investigations are undertaken
  • how planning permissions are monitored
  • how alleged breaches of planning control are investigated

The plan also describes the range of enforcement tools available to us to resolve enforcement issues.  The full document is available to download below. There is also a summary document, the Planning Enforcement Guide. 

Unauthorised development

In many cases, planning permission is required for the development of land or a building. This includes a material change of use - for example converting a residential home into a commercial space.  Development without express planning permission is 'unauthorised development' unless the development is considered permitted development under the planning legislation.

Examples of situations of a breach of planning control, include:

  • Developing land without the required planning permission
  • Non-compliance with the conditions or legal agreement placed on the permission or consent
  • Not carrying out the development in accordance with the planning permission or consent granted

It is important to note that most breaches of planning control are not criminal offences. However, the exceptions to these are:

  • Carrying out external or internal works to a listed building without first obtaining listed building consent
  • Display of an advertisement which requires advertisement consent, without this consent having been granted
  • Non-compliance with the requirements of a planning enforcement notice

In these situations, Cheltenham Borough Council can take legal action which could result in prosecution proceedings and a criminal record.

Our approach to unauthorised development

Once a report of a breach of planning control has been received and logged we will action it in line with the following priorities:

Priority 1 (high)

  • Works to listed buildings
  • demolition in conservation areas
  • harm to archaeological sites
  • works in contravention of an Enforcement Notice
  • advertisements on listed buildings or causing public safety concerns
  • works to protected trees, including trees in conservation areas

Investigation open within 5 working days (24 hours for active work to listed buildings and protected trees).

Priority 2 (medium)

  • Unauthorised building work
  • breaches of planning conditions/legal agreements where there is demonstrable harm
  • unauthorised work approaching the deadline for enforcement action
  • deliberate concealment
  • untidy land (s215 notices)
  • advertisements in conservation areas

Investigation open within 20 working days.

Priority 3 (low)

  • Minor works
  • breaches of a technical nature
  • advertisements outside of a conservation area (except those on listed buildings)

Investigation open within 30 working days.

In the first instance, if a breach of planning control has been established, we will usually seek to resolve it on an informal basis.  If informal resolution is unsuccessful then formal action may follow.

Matters that planning enforcement do not investigate

We will not investigate the following matters:

  • Anonymous complaints
  • Concerns about unauthorised waste, mineral extraction or planning applications determined by Gloucestershire County Council; these are matters for the county council.
  • Land ownership disputes
  • Neighbour disputes (unless directly relating to a planning enforcement matter)
  • The enforcement of legal covenants
  • The behaviour of builders and their contractors including parking practices
  • Party wall issues
  • Structural issues and other building control matters