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

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 webpagePublic 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.


How to contact Planning:

Email planningadmin@hart.gov.uk

Phone: 01252 774419