A Guide to Planning Enforcement
Breaches of Planning Control
Most breaches of the planning rules are brought to our attention by neighbours or as we monitor development in progress.
There is a procedure established for investigating such complaints.
If you wish us to investigate an apparent breach of control, please contact us and set out the circumstances.
- Enforcement Complaint Form - Use this Form to Record all Alleged Breaches of Planning Control. E-mail to firstname.lastname@example.org or you can send it in the post to Malvern Hills District Council, Planning Enforcement, Council House, Avenue Road, Malvern, WR14 3AF
- Planning Enforcement Policy - A Guide to the District Council's Planning Enforcement Policy
- Allegations that development has been carried out without planning permission will be recorded individually. We will acknowledge any complaint made in writing within three working days of receiving it and the complainant will be given the name of the officer dealing with the case.
- Investigation will begin as soon as possible although priority will be given to those alleged breaches, such as unauthorised building works or alterations to a Listed Building which need to be dealt with quickly before work becomes too advanced.
- Where it is clear that a breach of planning control has taken place, but that the unauthorised work is not considered to be too harmful, we may invite a retrospective planning application. This has the advantage of allowing us to get full details of the work that has taken place and consult neighbours before making a decision. It is also in line with Government advice. It may be possible to make amendments or impose conditions, which overcome the concerns of neighbours. Once an application has been submitted it will be treated on its merits like any other application.
- If an application is not submitted, we will decide whether or not to take formal enforcement action. If, for instance, the unauthorised development is not considered to cause any material harm, then enforcement action is not appropriate. If the decision is not to proceed with enforcement action, we will write to the complainant and explain the reasons.
- The name and address of any complainant will be kept confidential to the Council, although if you make representations on any subsequent planning application these will be available for the public to read.