Planning Enforcement

The council will try to make sure that planning rules are followed. Breaches of planning control usually take one of the following forms:

A building is erected, extended or altered without planning permission.
Work is carried out which does not comply with approved plans.
A condition imposed in a grant of planning permission is not complied with.
An unauthorised change of use of a building or land, eg use of a residential property for business use.
An advertisement is being displayed without advertisement consent.

In most cases breaches are brought to our attention by councillors, neighbours/members of the public, or other officers in the course of their duties.

Who deals with enforcements?

We see planning enforcement as a crucial part of the planning service. A specialist team of two enforcement officers in the Development Control Section of the council's Planning and Housing Services deal with approximately 350 complaints every year on a district wide basis.

The aim of the service is to provide an enforcement service, which responds to complaints about breaches of planning control fairly, efficiently and effectively.

What is a planning breach?

A planning breach usually occurs when:

A development that requires planning permission is undertaken without the permission being granted. Either the planning application was refused or was never applied for
A development that has been given permission subject to conditions breaks one or more of those conditions

A planning breach in itself is not illegal and the council can permit a retrospective application where planning permission has not been sought. However, if the breach in itself involves a previously rejected development or the retrospective application fails, the council can issue an enforcement notice.

In considering any enforcement action, the main issue for the local planning authority should be whether the breach of control would unacceptably affect a public amenity. It is illegal to disobey an enforcement notice unless it is successfully appealed against.

How to report a planning breach

If you feel a breach has occurred and would like us to investigate, please fill in the online complaints form, or telephone us on 01228 817175/817490. Please include as much information as possible, for example:

when activities started;
the address of the land or building;
the approximate dimensions of any building works;
names, addresses and telephone numbers of any owners, occupiers or builders involved;
details of any amenity problems caused eg noise, traffic smells;
in the case of possible unauthorised use, the frequency of the activity and the hours of operations.

Please note: Only use the online complaints form if you wish to report a possible breach of planning control. For other complaints against the council or department please contact Customer Services on 01228 817200 or email customerservices@carlisle.gov.uk.

What happens next?

When an alleged breach of planning control is reported or suspected, the site or premises will be inspected and other information sought to find out the facts. If a breach of planning control is identified the person responsible for the breach will be told of what is wrong and what action is required to remedy the breach.

Complaints about alleged breaches of planning control will be treated confidentially within the council so far as is practicable.