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Making a complaint about an unauthorised development

If you are concerned about building work, a change of use, or the condition of a property, you should contact the Enforcement Section to establish whether there is a problem.

You can make an enforcement complaint by using our online form.

You should describe the problem in as much detail as possible and provide full details of the location where the alleged breach of control occured, together with as much information as possible relating to the identities of presumed owners and occupiers of the land. We may wish to discuss the matter with you and it would be helpful if you were to provide a daytime telephone number if possible.

If the matter is particularly urgent, such as the unauthorised felling of a tree under a Tree Preservation Order or the unauthorised demolition of a listed building please feel free to contact the Planning department by telephone on 01283 228706.

Dealing with your complaint

If a breach has occurred, the person responsible may be asked to put it right, either by making a planning application or by stopping the unauthorised work. If this approach fails, we can then consider issuing an Enforcement Notice. If the offender does not comply with a validly served Enforcement Notice, we may prosecute via the Magistrate's Court.

If investigations reveal that there has been no breach or if we decide not to take formal enforcement action, the complainant will be notified in writing of the reason for our decision. We can give updates on the progress of any enforcement complaint to anyone who asks.

Other enforcement action that we may carry out

(please note that this list is not exhaustive)

  • The issue of a 'Breach of Condition Notice' where development has taken place without complying with one or more conditions of a grant of planning permission.
  • The issue of an 'Untidy Site Notice' under Section 215 of the Town & Country Planning Act 1990 requiring the proper maintenance of land.
  • Prosecution in connection with the display of an unauthorised advertisement.
  • The issue of a 'Listed Building Enforcement Notice' where unauthorised work has taken place to a building listed as having special architectural or historic interest.
  • The issue of a 'Conservation Area Notice' where unauthorised demolition has taken place within a designated Conservation Area.
  • Prosecution for non-compliance with a requirement to replace a protected tree.
  • Prosecution for unauthorised work to a protected tree.
  • Prosecution for unauthorised removal of hedgerow.
  • The issue of a 'Hedgerow Replacement Notice'.
  • Service of a notice relating to a dilapidated building under the provisions of section 79 of the Building Act.

Our Priorities

We receive over 500 planning enforcement complaints every year.

Because of the often lengthy and complex nature of planning investigations and limited staff resources, it is essential to give priority to those cases where the greatest harm is being caused. The following provides examples of how cases are prioritised:

  • Category A: Top Priority
    A serious threat to health or safety, such as a traffic hazard, storage of hazardous substances, development creating pollution problems, or permanent damage to the environment, e.g. loss of protected tree, unauthorised work on a listed building.
  • Category B: High Priority
    Building work that is unlikely to be given planning permission without substantial modification (e.g. excessively large house extension), and unauthorised uses causing severe nuisance through noise, smell, congestion etc.
  • Category C: Medium Priority
    A breach causing problems that may be resolved by changing what is happening, e.g. restrictions on hours of use etc.
  • Category D: Low Priority
    Breaches of a minor nature raising minimal planning concerns (e.g. house extension built to acceptable standards).

In top priority cases, we aim to inspect the site within 24 hours, but lower priority cases will take longer.

Contact details

South Derbyshire District Council
Planning Services
Civic Offices
Civic Way
Swadlincote
Derbyshire
DE11 0AH

Tel: 01283 228706 
Online: contact form
email: planning@south-derbys.gov.uk

Page ref: SDDC 187

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