This document provides a quick-reference guide on planning enforcement matters within Guildford Borough. It is based on Guildford Borough Council’s Local Enforcement Plan (April 2015), which is hereafter referred to as LEP.
✍️Enforcement Tracker
⏰ Case Prioritisation
Individual cases may be re-prioritised as the investigation progresses and as
new evidence comes to light.
High Priority (Initial site visit within 2 working days) (LEP 2015, para. 3.9):
- Demolition or alterations to a listed building;
- Works to trees subject to a tree preservation order or within a conservation area;
- Demolition in a conservation area and any other works which are considered to cause significant and immediate harm to the character and appearance of the area;
- Any breach of planning control causing immediate and irreparable harm to the environment or public safety;
- Unauthorised development that has gone undetected and the statutory time limit for taking enforcement action will expire within the next six months.
Medium Priority (Visit within 10 working days) (LEP 2015, para. 3.9):
- Development causing serious harm to the amenities of neighbours or to the environment;
- Unsightly buildings or untidy land that are causing serious harm to the amenity of neighbours;
- Development not in accordance with the approved plans, during the construction process
Low Priority (Visit within 15 working days) (LEP 2015, para. 3.9):
Any other allegations which have not been classified as high or medium priority, including:
- Businesses being operated from home;
- Fences;
- Advertisements;
- Satellite dishes;
- Untidy land;
- High hedge complaints.
Updates should be provided to complainants after:
- Acknowledgement (within 3 working days) (LEP 2015, para. 3.7)
- Post-visit follow-up (within 10 working days) (LEP 2015, para. 3.14)
- Key milestones (application submitted, notice served, case closed) (LEP 2015, para. 7.1)
🔹 Types of Enforcement Cases
Breaches of Planning Control include:
- Unauthorised operational development (e.g. building works without permission)
- Material change of use without planning permission
- Breach of planning conditions or legal agreements
- Unauthorised advertisements
- Works to listed buildings without listed building consent
- Works to protected trees or hedgerows without permission
Special controls:
- High hedges (under the Anti-Social Behaviour Act 2003)
- Unsightly land or buildings (under Section 215 TCPA)
- Concealed developments
Not considered breaches of planning control:
- Boundary or ownership disputes (civil matter)
- Highway obstructions (Surrey County Council matter)
- Dangerous structures (Building Control)
- Fly tipping (Environmental Health)
- Noise/smell nuisances (Environmental Health)
What options are available to local planning authorities to tackle possible breaches of planning control in a proportionate way?
- No formal action
- Retrospective planning application and enforcement warning notice
- Planning contravention notice
- Enforcement Notice
- Planning Enforcement Order
- Stop Notice
- Temporary Stop Notice
- Breach of Condition Notice
- Injunction
- Rights of entry
- Enforcement on crown land
- Listed Building enforcement
- Enforcement of hazardous substances control
- Unauthorised advertisements
- Enforcement and protected trees
🔐 Timescales
What are the time limits for taking enforcement action?
The time limits for taking enforcement action are set out in section 171B of the Town and Country Planning Act 1990 (see also The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 for transitional arrangements).
In most cases, development becomes immune from enforcement if no action is taken:
- within 10 years of substantial completion for a breach of planning control consisting of operational development where substantial completion took place on or after 25 April 2024
- within 10 years for an unauthorised change of use to a single dwellinghouse where the change of use took place on or after 25 April 2024
- within 4 years of substantial completion for a breach of planning control consisting of operational development where substantial completion took place before 25 April 2024;
- within 4 years for an unauthorised change of use to a single dwellinghouse where the change of use took place before 25 April 2024
- within 10 years for any other breach of planning control (essentially other changes of use)
However, the time limits set out above do not prevent enforcement action after the relevant dates in certain circumstances. These are:
- section 171B(4)(b) of the Town and Country Planning Act 1990, which provides for the taking of “further” enforcement action in respect of any breach of planning control within 4 years of previous enforcement action (or purported action) in respect of the same breach. This includes the situation where earlier enforcement action has been taken, within the relevant time limit, but has later proved to be defective, so that a further notice may be issued or served, as the case may be, even though the normal time limit for such action has since expired. It also includes the situation where an enforcement warning notice is issued within the relevant time limit but further enforcement action is subsequently required. This is known as the “second bite” provision
- where there has been deliberate concealment of a breach of planning control, local planning authorities may apply for a planning enforcement order to allow them to take action after the time limits in section 171B have expired
- where a person has deliberately concealed a breach of planning control, the courts have found that in these circumstances, the time limits in section 171B do not engage until the breach has been discovered (see Secretary of State for Communities and Local Government and another v Welwyn Hatfield Borough Council and Bonsall / Jackson v Secretary of State for Communities and Local Government).
Therefore, in cases of deliberate concealment, a local planning authority may decide to serve an enforcement notice ‘out of time’ or apply for a planning enforcement order. It is for the local planning authority to decide which approach is appropriate in each case.
✉️ Template for Reporting a Suspected Breach
Essential Information to Provide:
- Your name, address, and contact details (anonymous reports not accepted unless exceptional)
- Full address/location of the alleged breach (include map/plan if possible)
- Description of the suspected breach
- Harm caused (e.g. visual impact, noise, amenity loss)
- Dates/times of activity (if relevant)
- Photographs (if safely possible)
Submit to: http://www.guildford.gov.uk/planningenforcement
Or contact Guildford Customer Services: 01483 505050 (High priority only)
📆 Useful Links
- Guildford Borough Council Planning Enforcement Register
- National Planning Practice Guidance (NPPG) section on Enforcement and Post-Permission Matters: This is the core guidance on what local authorities can and should do in enforcement cases.
- The Planning Inspectorate publishes decisions on enforcement appeals, which can help you understand how breaches are assessed and defended legally.