Enforcement Of Planning Control

The council has a small team of Planning Enforcement Officers who respond to concerns about building works, the use of land, works to listed buildings, works to trees and advertisements or signs, which may not have planning permission or other consents.

Reporting Breaches of Planning Control

Report potential breach of planning control online

All reports and complaints are recorded and investigated. In many cases the situation is resolved by negotiation or by the submission of a planning application. If it is appropriate however, we may take enforcement action, which could involve removing buildings or stopping activities, which do not have planning permission or other consent.

Enforcement Notices

Official Enforcement Notices are a public register. You can access our Enforcement Register online via the Public Access system on our Planning applications search page. 

Planning Enforcement Frequently Asked Questions

Do I need Planning Permission?

Planning permission is required when 'development' takes place.  Development means any building, engineering or other operation normally carried out by a builder or engineer or the change of use of a building or land.  Some building works or changes of use already have planning permission through 'permitted development rights' (see below).  

Consents are also usually required from the Council for any works to protected trees, the display of advertisements,works to a listed building or demolition in a conservation area.  

Before carrying out works or changing the use of land the owner or occupier needs to be sure either that they do not need planning permission or that they get planning permission.

If the works have already been carried out or the change of use has been made then it is possible to apply for planning permission by submitting a retrospective planning application (see below), but it is advisable to stop work whilst this application is considered, because the work may need to be altered or removed altogether.  

What are 'Permitted Development Rights'?

Permitted Development rights are similar to planning permissions and are given by the government for various normally minor works and for some changes of use. It is always advisable to check if the work you are planning to do is covered by permitted development rights before you start.  

Each property is different and it is important to note that identical building work at one property may be covered by permitted development rights but might not be covered at another similar property.  This is because there may be differences between the circumstances of each case or because 'permitted development rights' have been taken away from one property but not the other.

The most frequently used permitted development rights are for walls and fences up to 1 metre high next to roads used by vehicles or up to 2 metres high elsewhere and small extensions to houses and buildings within their gardens depending on their size and position.

The rights are granted generally and the impact on neighbouring properties cannot be taken into consideration although matching materials generally need to be used.

What if development takes place without planning permission?

Where building works or changes of use have taken place without having planning permission (or 'permitted development rights'), then they are called 'unauthorised development' or a 'breach of planning control'. The Council's enforcement officers will investigate complaints about unauthorised development. They will check if the development has planning permission or permitted development rights. If planning permission is needed, the Council will take action to remedy the problems that have been caused.

Why is the Council telling me I need Planning Permission?

If the Council finds that what you have done needs planning permission, then normally an enforcement officer will advise you that this has happened.  It is your responsibility as an owner or occupier of a property to ensure that you have any necessary planning permission. If you need planning permission the Council will take action to remedy the problems that you have caused. This may mean changing or completely getting rid of the works that you built or the use of your property.     

What is a retrospective Planning Application?

If any works or changes of use have taken place that require planning permission it is possible to apply after the works or change of use has taken place.  This is called a 'retrospective planning application'.  These applications are dealt with in exactly the same way as other planning applications and the fact that the works or change of use have taken place without planning permission, will not be taken into consideration by the Council in reaching its decision. However, it is never a good idea to start development without having first obtained planning permission (or have permitted development rights).  

If retrospective planning permission is granted, the permission may include conditions with requirements for changes that need to be done to overcome problems. We will check to ensure that you comply.  Alternatively if the retrospective application is refused then the Council will consider what further action to take which may include issuing an enforcement notice and on some occasions a stop notice.    

How do I complain about someone doing something without planning permission?

If you have concerns about works or changes of use that you think need, but do not have, planning permission, then you should contact the Council using one of the contact points set out below.  Your details will remain confidential.  You will need to have the following details ready to provide to the Council including the following information:-
i)    the address of the property that you are concerned about;
ii)    the building works or change of use that have taken place;
iii)    the name of the owner or occupier and their contact details if you know them;
iv)    when the works or change of use took place;
v)    the harm that this is causing to you or anybody else;
vi)    any other information that you think would help us to investigate whether planning permission is needed;
vii)    what action would best resolve the problem for you;
viii)    your name, address, telephone and email contact.
 

• Report potential breach of planning control online
• By telephone on 01865 249811 stating that you are calling about a planning enforcement matter and ask to be put through to a planning enforcement officer.
• By email to:- planning@oxford.gov.uk
• In writing to:-
  Planning Enforcement
  Oxford City Council
  St Aldate's Chambers
  109 St Aldate's
  Oxford, OX1 1DS
• In person at:
  St Aldate's Customer Service Centre
  St Aldate's Chambers
  109 St Aldate's
  Oxford, OX1 1DS

Is it illegal to do something without Planning Permission?

Carrying out building works without planning permission is not against the law and is therefore not an offence.  However works to protected trees or trees in conservation areas, works to listed buildings or displaying an advertisement without consent is a criminal offence.

If building works or changes of use are carried out without planning permission, then this will have been at the owner's own risk and the penalty will be that the money that has been spent in connection with the works or the change of use may have been wasted and further expense may be incurred putting these matters back to how they were before the works or change of use took place.  

Carrying out works or making changes of use are therefore not good investments and it is always sensible to check with the Council if planning permission is required or if changes are required to your existing planning permission before you start.  Make sure you leave enough time to submit a planning application and have it determined before you need to start work as it can take up to 8 weeks or sometimes longer to receive a decision.    

How does the Council deal with planning enforcement investigations?

We will investigate all complaints made to us and we will keep the details of who has made the complaint confidential.  Once we have all the information we need (see how do I complain above), we will let you know that we have received your complaint and we will carry out a planning enforcement investigation.  This means that we will make a search of the planning application records, visit the site and look at what has happened including taking measurements, photographs and speaking to the owner, occupier or building contractor.  

We will then make a decision on whether planning permission is required and let the owner or occupier know and advise you of our findings.  If we decide that planning permission is needed, depending on the circumstances of the case, we may provide informal advice as to whether we are likely to recommend approval or refusal.

If an application is submitted you will be consulted and have an opportunity to comment on the application.  If planning permission is granted, the case will be closed.  If it is refused or if no application is submitted the Council will need to decide what action is required to to take to remedy any harm that has been caused by the works or the change of use.  We will keep you updated of what action we intend to take and when this action has been taken.

What action can the Council take against unauthorised development?

The Council will investigate complaints about unauthorised development and in cases where planning permission is needed but has not been obtained an opportunity to make a retrospective planning application will be offered, although it should be made clear that this is not an indication of the acceptability of what has taken place.  If no application is submitted or if an application is submitted and then refused the Council will need to consider what action, if any, is required to remedy any harm that has resulted.

If what has happened results in unacceptable harm and this is not removed voluntarily by the owner or occupier following negotiations with the Council, then the Council will take the necessary action to remove that harm.  

The Council has many powers to take different forms of action to require a suitable remedy to any identified harm and the most common form of action is an enforcement notice.  An enforcement notice may require the demolition, removal of or changes to building works, or the stopping of a use, or the requirement of a planning condition to be complied with.

There is a right of appeal against an enforcement notice and details of how to make the appeal are attached to all enforcement notices.  

Failure to comply with an enforcement notice is a serious criminal offence and the maximum fine is £20,000.  

Other actions that the Council can take include serving a Breach of Condition Notice (requiring a condition attached to a planning permission to be complied with), a Stop Notice (requiring a use or all building work to stop), an Injunction requiring an owner or occupier of land to stop using the land for certain purposes, or a prosecution for planning offences which include unauthorised works to protected trees and listed buildings or displaying an advertisement without consent.  

Where the requirements of an enforcement notice have not been carried out and a prosecution does not persuade the owner to comply then the Council may enter the land and carry out the requirement itself and the owner or the occupier would have to compensate the Council for the costs of such action.

Page last reviewed 1 May 2012