Planning breaches and appeals

Planning enforcement

We investigate alleged breaches of planning control which are reported to us and we may take appropriate action. These alleged breaches could include works to properties that exceed permitted development rights and would need planning permission, works that are not following the approved planning conditions or plans as set out in a planning decision.

What we can deal with

Unauthorised building works
Unauthorised change of use
Unauthorised works to listed buildings
Unauthorised demolition in Conservation Areas
Unauthorised works to trees covered by a Tree Preservation Order or within a Conservation Area
Works not being carried out in accordance with the approved plans
Breaches of planning conditions
Unauthorised advertisements
Untidy sites (beyond what you would expect for an activity of that type)

What we can’t deal with

Works that do not require planning permission
Minerals and waste planning enforcement matters (these are dealt with by Hampshire County Council)
Works that have not yet started (except in exceptional circumstances where a serious breach can be prevented)
Boundary disputes
Obstruction of a highway or public footpath (this is dealt with by Hampshire County Council)
Advertisements on the highway or on street furniture (these are dealt with by Hampshire County Council)
Enforcement of deeds or covenants (these are enforced by the landowner or other person benefiting from the covenant)
Fly-tipping (this is dealt with by the Council’s Street cleaning service)
Noise issues (this is dealt with by the Council’s Environmental Heath Team, unless there is a condition attached to a planning permission restricting noise levels that is being breached)
Anonymous complaints unless they are of a very serious nature and it is in the public interest to do so

How to report a suspected planning breach?

Please complete the suspected planning breach online form if you believe that there may have been a breach of planning control.

Your identity is not normally revealed but if we take formal action we may need you to be a witness. At this point your details will become public.

The Council will not condone wilful breaches of planning law but it will exercise discretion about taking enforcement action if it is considered appropriate to do so. We have an adopted Enforcement Policy which we follow in the majority of cases.

By their nature some alleged breaches of planning control are potentially more serious than others. In order to ensure that appropriate resources are given to the more serious allegations, those that are considered less serious may be looked at over a slightly longer timescale.

Enforcement register

The Council is responsible for keeping a register of enforcement, stop and breach of condition notices. It also keeps a register of listed building and conservation area enforcement notices.

The register contains:

Details of notices issued by us since 1 January 2002.
The address of the property to which the notice relates in alphabetical order.
A description of the breach of planning control.
Date the notice was issued / served.
Details of the type of notice issued - for example breach of condition notice, enforcement notice, listed building consent notice.
Date the notice was complied with.

The Enforcement Register is available for inspection by appointment, please email enforcement@hart.gov.uk.

Planning Appeals

An appeal can be made to the Secretary of State, where planning permission has been refused, an application was granted with conditions considered inappropriate, or an application was not determined within the appropriate time. In Enforcement matters appeals can be submitted where an Enforcement Notice has been served due to an alleged breach of planning control.

To submit your appeal online, please go to the Planning Inspectorate, or you can contact the Planning Inspectorate to request the appropriate forms.

Details of appeals made, and associated documents can be viewed online under the Council’s reference number of the planning application using Planning Online or via the Planning Inspectorate, using the Planning Inspectorate's appeal reference number.

Fleet Police Station Appeal Inquiry

Public inquiry to be held as a virtual event opening at 10.00am on 16th March 2021

Appeal by: Churchill Retirement Living
Site: Fleet Police Station, 13 Crookham Road, Fleet, GU51 5QQ
Planning Inspectorate Ref: APP/N1730/W/20/3261194
Local Planning Authority Ref: 19/02659/FUL
Town and Country Planning Act 1990

Appeal relating to the application by Churchill Retirement Living to Hart District Council for: “Demolition of existing building and redevelopment of the site to form 31 retirement apartments including communal facilities, retention of existing access, car parking and landscaping.”

An inspector appointed by the Secretary of State will hold the inquiry, opening on the date shown above to determine the appeal. The inquiry will be held as a virtual event run by the Inspector in the normal way, but with the parties invited to join via Microsoft Teams or telephone.

Documents relating to the application and appeal can be viewed on Public Access (HDC reference 19/02659/FUL) and below. Anyone wishing to attend the Inquiry and/or, at the Inspector's discretion, give their views, must make that interest known to the Planning Inspectorate Case Officer as soon as possible, prior to the inquiry, either by email or telephone after reading the inquiry attendance information set out in the appeal notice.

Case Officer contact at the Planning Inspectorate: Holly Dutton, Inquiries & Major Casework Team, Telephone: 0303 444 5022, Email: holly.dutton@planninginspectorate.gov.uk

Appeal Documents

Appellant’s Case

Appellant's Statement of Case 14.10.20

CRL Supplementary Design Brochure 16.02.21

Matthew Shellum Planning Proof of Evidence and Appendices 16.02.21

Rob Jackson - Design Proof of Evidence 16.02.21

Application Drawings and Documents

To view these documents please go to Public Access and search for reference 19/02659/FUL:

D1 – CRL Application Drawings

D1.1 - Location Plan - 10103FL PA00

D1.2 - Proposed Site Plan - 10103FL PA01 Rev A

D1.3 - Proposed Ground Floor Plan - 10103FL PA02

D1.4 - Proposed First Floor Plan - 10103FL PA03

D1.5 - Proposed Second Floor Plan - 10103FL PA04

D1.6 - Proposed Roof Plan - 10103FL PA05 Rev A

D1.7 - Proposed Elevation A - 10103FL PA06

D1.8 - Proposed Elevation B - 10103FL PA07

D1.9 - Proposed Elevation C - 10103FL PA08

D1.10 - Proposed Elevation D - 10103FL PA09

D1.11 - Indicative PV layout - C526

D1.12 - Existing Ground Floor Plan - FP01 Rev A

D1.13 - Existing First Floor Plan - FP02

D1.14 - Existing Elevations - EL 01 Rev A

D1.15 - Topographical Survey - SU01

D1.16 - Soft Landscaping Strategy - 12773_TG_P01 Rev B

D1.17 - Preliminary Drainage Layout - PDL-101 Rev A

D1.18 - Proposed Lighting Plan - 10103FL SK001

D1.19 - Parking Swept Analysis - ATR-101 Rev A

D2 – CRL Application Reports

D2.1 - Planning Application Form and Certificates (15.11.2020)

D2.2 - Design & Access Statement by Churchill Retirement Living (June 2019)

D2.3 - Planning Statement by Planning Issues Ltd (19.11.2019)

D2.4 - Greenfield Runoff Rates, Option 1 Permeable Paving and Option 2 Cellular Attenuation

D2.5 - Transport Statement Addendum by AWP (14.11.2019)

D2.6 - Ecological Desk Study by Ecosa Ltd (March 2019)

D2.7 - Shadow Habitats Regulation Assessment by Tyler Grange (02.07.2020)

D2.8 - Desk Study Appraisal (Ground Investigation Report) by Crossfield Consulting (Feb 2019)

D2.9 - Affordable Housing Viability Statement by Planning Issues (Nov 2019)

D2.10 - Statement of Community Involvement by Planning Issues (15.11.2019)

D2.11 - Thames Basin Heath Statement by Planning Issues (19.06.2020)

D2.12 - Sustainability and Energy Statement by Planning Issues (Dec 2019)

D2.13 - Planning Statement Addendum by Planning Issues (12.06.2020)

D3 – LPA Application Reports

D3.1 - Avison Young Planning Viability Assessment (September 2020)

Core Documents

CD1 - Development Plan

CD1.1 - Saved Policy NRM6 from the South East Plan

CD1.2 - Hart Local Plan (Strategy & Sites) 2032 (April 2020)

CD1.3 - Saved Policy GEN1 of the Hart Local Plan (Replacement) (1996-2006)

CD1.4 - Fleet Neighbourhood Plan (November 2019)

CD2 - Hart Planning Committee

CD2.1 - Planning Committee Report (11.11.2020)

CD2.2 - Planning Committee Report Addendum (11.11.2020)

CD2.3 - Planning Committee Minutes (11.11.2020)

CD3 - Material Planning Considerations

CD3.1 - Hart District Council Urban Characterisation and Density Study (2010)

CD3.1 - Hart District Council Urban Characterisation and Density Study Appendix 1 and Maps

CD3.2 - Hart, Rushmoor and Surrey Heath Strategic Housing Market Assessment 2014-2032 (2016)

CD3.3 - Hart District Council Whole Plan and CIL Viability Study (December 2016)

CD3.4 - Hart District Council Whole Plan and CIL Viability Study Addendum (January 2018)

CD3.5 - Hart Council Community Infrastructure Policy (August 2014)

CD3.6 - Thames Basin Heaths Special Protection Area Delivery Framework (2009)

CD3.7 - National Design Guide (October 2019)

CD3.8 - Building for a Healthy Life (June 2020)

Council’s Case

HDC Statement of Case 08.12.20

Rob Moorhouse Planning Proof of Evidence 16.02.21

Rob Moorhouse Planning Summary Proof of Evidence 16.02.21

Dr Stefan Kruczkowski Design Proof of Evidence 16.02.21

Planning Conditions

Draft Planning Conditions 16.02.21

Statements of Common Ground

Statement of Common Ground and appendix 26.01.21

Viability Statement of Common Ground 26.01.21

Speaking at Planning Enforcement Sub Committee

The Planning Enforcement Sub Committee is held ever quarter and is open to the public to attend. The dates for the meeting can be found on our council meetings webpage. Public speaking is only available to the owner/occupier of the address in question, the complainant and the Parish Council. Should you wish to register for public speaking please complete our online public speaking form.