Planning enforcement ensures that development takes place in accordance with planning permission and that unauthorised works are remediated where necessary.

Planning enforcement breaches are most commonly the result of unauthorised works, significant changes of use, or display of adverts.

Not every breach of planning control will result in formal enforcement action. National planning guidance is clear that enforcement action is discretionary and should only be taken where it is expedient to do so, having regards to the development plan and other material considerations.

A breach of planning control can include the following:

• building or engineering works without permission
• material changes of use of land or buildings without permission
• display of advertisements without consent
• non-compliance with planning conditions (relating to an approved planning permission)
• works to a listed building without consent
• works to a protected tree without consent
• Operational hours of businesses

Carrying out unauthorised works to a listed building, the unauthorised display of advertisements or damage to a protected tree may involve a criminal offence.

Before reporting a suspected breach of planning control, please check whether the site or property is within the OSDC boundary area.

You can use the map below to search for the location and check whether it falls within the OSDC boundary. If the location is outside the boundary, you should report the matter to the relevant local planning authority, either Westminster City Council or the London Borough of Camden.

If the location is close to the boundary, but not in the OSDC, we may redirect your enquiry to the relevant authority.

If your complaint relates to a civil matter such as encroachment, trespass, damage to a property, it is recommended that you seek professional legal advice.

Whilst OSDC are the local planning authority for the area, powers to enforce on a wider range of environmental issues remain with the local councils.

We will work proactively to support the local council where other enforcement issues arise. In general, OSDC cannot enforce the following:

• Party wall disputes
• highway matters e.g. blocked highways, potholes, parking controls
• fly-tipping and street cleaning
• noise and disturbance
• licensing matters e.g.  health and safety, street trading
• air quality matters e.g. odour, dust or smoke

If your complaint relates to these matters, please contact the relevant authority for further advice:

• London Borough of Camden
• City of Westminster

If you wish to report a suspected breach of planning control this must be in writing and include:

• address of the alleged breach
• nature of the alleged breach, including dates when the breach may have begun and details of the effect that the alleged breach is having for example, noise, traffic, smells or overshadowing
• your name and contact address
• your telephone number or email address (optional)
• any other information relevant to the alleged breach which could help speed up the process of determining whether there is a breach of planning control such as photos, planning history and details of the owners, occupiers, builder’s agents

Please note that the more information the team has at the start of the case the more rapidly it will progress.

All complaints and details of complainants will be kept strictly confidential and will not be given out at any time during the investigation. However, if the case is serious it may lead to a court case or an appeal, so we may be required by law to release this information. Anonymous complaints will not be investigated as a point of contact is often vital in obtaining relevant information related to a breach. Residents with concerns as to their identity may wish to do so via local Councillors.

You can submit your report:

via OSDC’s website, where you will be required to register your details.

Planning enforcement is a discretionary process. This means we will assess each case to determine whether it is appropriate to take action, based on the planning merits of the situation.

The typical process is as follows:

1. Initial assessment – we review the information provided and set the priority of the case.
2. Investigation – this may include a site visit and a review of planning history and relevant policies.
3. Assessment of harm – we consider the degree of harm and whether formal action is justified.
4. Resolution – where possible, we will seek to resolve issues through voluntary compliance regularisation
5. Formal action – where necessary, we may take formal enforcement action to compel the developer to remedy a breach.

Not all breaches result in formal action. Our focus is on addressing cases where there is clear planning harm and where action is proportionate and in the public interest.

As local planning authority, OSDC maintains a public register of enforcement notices, stop notices and breach of condition notices, as required by Section 188 of the Town and Country Planning Act 1990.

OSDC’s approach to planning enforcement is set out in its Enforcement Plan.

The plan explains how we:

• prioritise cases
• investigate potential breaches
• decide whether enforcement action is necessary
• use our enforcement powers in a proportionate and consistent way

Further details can be found in the Enforcement Policy document.