On this page:
1.1 Reading Borough is mainly urban in character but includes many listed Buildings and Conservation Areas along with attractive areas of waterways, woodlands and open spaces. There are many thriving businesses and the area is economically buoyant. Consequently there is pressure for development. The council, therefore, needs to exercise care in balancing the need to protect the environment from the harmful effects of unauthorised development and uses whilst promoting growth.
1.2 The National Planning Policy Framework (NPPF) 2023 recommends that local planning authorities publish a local enforcement plan to manage planning enforcement proactively and in a way that is appropriate to their area. This document sets out the Council’s approach to planning enforcement for all those who are involved in or affected by breaches of planning control in the Borough.
2.1 The Council’s Planning Enforcement Team falls within the Community Protection Service and is part of the Council’s Public Protection Service.
3.1 The Council has adopted a Corporate Enforcement Policy which sets out the general principles that the Council intends to follow in relation to enforcement action and prosecutions. It underpins this Planning Enforcement Plan and associated procedures. All authorized officers will abide by this Policy and any revisions made to it when making enforcement decisions.
3.2 The Council has two main aims in relation to its regulatory and enforcement functions.
3.3 The Key objectives of the Planning Enforcement Team are:
4.1 A breach of planning control is the carrying out of development without obtaining the required consents; or failing to comply with conditions or limitations attached to a consent which has been granted (Section 171A of the Town and Country Planning Act 1990 as amended):
4.2 Certain breaches of planning control constitute criminal offences from the outset. Such breaches include:
4.3 Other breaches of planning control where planning enforcement can investigate but does not constitute a criminal offence from the outset include:
4.4 For other matters, not listed above such as breaches of building control, works on the highway, and noise nuisance please contact the Council on 0118 3737397 or visit the Council’s website and report issues to the relevant team. Please report any concerns about works to trees located on the street / public land to planning.naturalenvironment@reading.gov.uk or visit Trees – Reading Borough Council.
4.5 Party wall issues and neighbour disputes are civil matters and will not be dealt with by the Council. In these cases independent legal advice should be sought.
5.1 All relevant and current legislation and planning policies will be taken into consideration when assessing a breach of planning control, this includes:
6.1 The Planning Enforcement Team plays a key role in delivering an effective Planning service. It is understood that breaches may be unintentional and therefore any action proposed shall be proportionate to the breach of planning control to which it relates.
6.2 Planning Enforcement is not an isolated activity simply limited to reacting to complaints. The team shall aim to take a positive and proactive approach in relation to the monitoring of planning conditions, as well as the monitoring of sites as they are developed to ensure they comply with the planning permission details.
6.3 We shall aim to answer the following questions during each investigation:
7.1 We believe a proactive approach to planning enforcement can make a significant contribution to regeneration and sustainable development within Reading.
7.2 It is recognized that it is not possible to monitor all developments, as there are a high number of applications received each year. Therefore priority will be given to key identified sites which will undergo direct monitoring to ensure the development is according to the approved plans.
7.3 When investigating alleged breaches of planning control, the team will follow central government advice. Government advice is contained in the National Planning Policy Framework and National Planning Practice Guidance: Ensuring Effective Enforcement.
7.4 The National Planning Policy Framework (para 59) states:
“Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control. Local planning authorities should consider publishing a local enforcement plan to manage enforcement proactively in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where it is appropriate to do so”.
7.5 National Planning Practice Guidance: Ensuring Effective Enforcement (NPPG) sets out the general approach to enforcement stating local planning authorities should, where relevant, have regard to the potential impact on the health, housing needs and welfare of those affected by the proposed action, and those who are affected by a breach of planning control. Enforcement action should always be commensurate with the breach of planning control to which it relates; enforcement action should be avoided where:
The council’s Building Control section operates under it’s own policy and legislation to ensure that when buildings are constructed or altered the health, safety and welfare of people using them is ensured and that public safety is protected from unsafe structures etc. There is close liaison between the Planning and Building Control officers although their roles are entirely separate. However, failure to comply with Building Regulations is not a breach of planning legislation (and vice versa) and is not a factor that can be considered in determining whether planning enforcement action is required.
8.1 Most of our investigations come from complaints from members of the public and local Councillors. Other sources of enquiries are from Ward Councillors, MPs, residents’ groups and other Council departments. The assistance of the public is important to the success of an effective enforcement function.
8.2 So to enable us to prioritise resources effectively a person who reports a breach in planning control will be asked to identify a number of key points before the enquiry can be registered and acted upon.
8.3 All planning enforcement enquiries are treated as confidential and, in line with the Data Protection Act 1998, it is the Council’s policy not to reveal any information that is likely to identify the complainant. In accordance with the Freedom of Information Act and/or the Environmental Information Regulations, members of the public, or other organisations, may request to see information, including files, held by the Council, and the Council is obliged to comply with such requests. However, where personal information relating to third parties (e.g. details of a complainant’s name and address) might be made known, this will not be released without the individual’s consent unless it is clearly in the public interest to do so.
9.1 Complainants will be expected to substantiate how harm has been caused and, if necessary, may be asked to provide the Council with evidence of the activity and harm caused and attend a Public Inquiry and/or Court at a later date.
9.2 A breach can be reported online at Planning enforcement – Reading Borough Council.
9.3 We request the following information is provided:
10.1 Your complaint will be logged and acknowledged via email within 5 working days.
10.2. The steps followed for all enforcement investigations are outlined below:
11.1 Some alleged breaches need to be given a higher priority than others. Priority will be given to cases where there is the possibility of the most harm being caused.
11.2 Urgent cases which have serious or irreversible consequences will aim to be actioned within 1 working day from the receipt of the complaint.
11.3 The following priority system will apply to each case according to the following categories:
This category includes complaints relating to work or development which may lead to irreversible harm and could include:
This category includes any clear or immediate harm to the locality. This will include:
Breaches which do not fall within Category A or B that are likely to remain stable and are unlikely to give rise to any severe or lasting harm to amenity or will not increase / accumulate over time or may be easily remedied by taking relatively simple steps. Such breaches may include:
If the following criteria apply the enforcement investigation will be closed:
12.1 In all cases where an alleged breach of planning control is reported to the Council an investigating officer will conduct an initial site visit. From the evidence collected during the site inspection officers will assess if planning permission is needed.
12.2. Once an initial assessment of a complaint has been made all further investigation will be conducted in accordance with the priority awarded to the case. Note that investigations can be quite involved and require the service of formal notices on owners/occupiers/users of premises to provide required information within a specified timescale. Though timescales will be determined by a number of factors outside the control of the Council, the Enforcement Team will aim to complete the investigation and determine whether or not a breach of planning control has occurred.
13.1 In many cases, the initial site visit will reveal that there is no breach of planning control. This can be because the matter does not constitute development, or benefits from permitted development rights. The case officer will contact the complainant to explain that the Council is unable to take any action through its planning enforcement powers.
14.1 In many cases, it is not possible to come to an immediate conclusion whether or not there is a breach of planning control. In some cases it is necessary to carry out more observations over a period of time before we can decide whether there has been a breach. In other situations legal case law and planning history needs to be researched and considered to determine if a breach has occurred.
14.2. In such cases, the complainant will be advised that further investigations and monitoring is needed.
14.3. If a breach is subsequently identified the case officer will contact the complainant and the property owner/occupier to advise on the next steps in the investigation. 14.4. The complainant and the property owner/occupier will, as far as practicable, be kept informed as an investigation progresses and will be notified of the final result as soon as the matter is resolved. In those cases where a breach of planning control has occurred but if the Council does not deem formal enforcement action to be expedient or appropriate, a statement as to the reason for that decision will be provided.
15.1 There is a range of tools available to the planning enforcement team to tackle breaches of planning control:
Informal Action
Formal Action
15.2. The following remedies can be used to bring a quick stop to development where a breach is causing serious or irreparable harm and immediate action is justified or where other actions have failed:
16.1 When planning permission is granted subject to conditions some of these conditions may require action by the developer either before development starts (pre-commencement conditions), at certain stages during the development (e.g. conditions in connection with materials, landscaping plans etc.) or at the end of development (e.g. conditions in relation to the use etc.). It is important that these conditions are complied with and discharged at the appropriate time to ensure that potential harm caused by a proposed development/use is mitigated. It is particularly important that developers discharge any pre-commencement conditions as the failure to comply with these conditions may render the development/use unauthorised.
16.2. The Council will pro-actively monitor pre-commencement conditions, these will predominantly be applied to major development sites. Complaints that conditions have been breached will be investigated in accordance with the priorities set out above. Other conditions will generally be monitored by planning officers on site visits. In such cases the breach of condition will be investigated as for any other alleged breach of planning control and, if deemed appropriate and necessary, enforcement action will be taken accordingly.
17.1 What can I expect if I carry out work without permission?
Where it is established that a breach in planning control has occurred an officer from the Planning Enforcement Team will contact you. Officers will inform you of the action required to resolve the breach within a set timeframe. This may include:
a) ceasing the unauthorised use/development or removing the structure/extension.
b) Detailing works required to make the breach comply with an approved scheme/ conditions/permitted development rights.
c) Submission of a retrospective application to determine whether planning permission should be granted.
d) In some cases it may be necessary for the Council to take formal action (such as issuing an Enforcement Notice) while negotiations are on-going to prevent the development from becoming immune from enforcement action (see Time Limits for Enforcement, below).
17.2. The Council will normally write to the owner before issuing a formal Notice giving them the opportunity to voluntarily remedy the situation. This may not be possible in certain circumstances, for example where there is a serious risk of harm to amenity or the environment and a Stop Notice, Temporary Stop Notice or injunction is appropriate, or where a development is likely to become immune from enforcement action if action is not taken immediately.
Deciding Whether to Take Formal Enforcement Action
17.3. If requests of compliance are not done within the specified timeframe and it is expedient to do so, officers will then commence with formal enforcement action. This may include the issuing of a statutory notice or, where a criminal offence has been committed, issuing a formal caution or instituting prosecution proceedings.
17.4. In deciding whether to take formal enforcement action the Council will have regard to:
a) Its own Planning Policy contained within the Reading Borough Council’s Development Plan.
b) The Council’s Corporate Enforcement Policy.
c) Government advice in the form of the National Planning Policy Framework (NPPF) and National Planning Policy Guidance (NPPG).
17.5. National Planning Policy Guidance (NPPG) provides the following guidance:
17.6. Enforcement action is discretionary and in line with the guidance, the Council may decide that no enforcement action should be taken because the matter is, for example:
17.7. The Council can, and will, only take action where it is expedient to do so, where it is clear that material harm is being caused and that planning permission would not be granted for the development or change of use.
17.8. The Code for Crown Prosecutors will be taken into account in deciding whether a caution or prosecution is appropriate.
17.9. The Council may, where appropriate, decide that enforcement action is appropriate but hold it in abeyance pending determination of a planning application or appeal (however, as noted above, it may proceed with action where a development/use would otherwise acquire immunity due to the passage of time).
17.10. The Council will keep a properly documented record of the investigation of each case including the reasons why we decide to take, or not to take, enforcement action. Customers will be kept informed of these decisions and the reasons for them as cases progress.
18.1 In most cases, development becomes immune from enforcement if no action is taken:
a) within 4 years of substantial completion for a breach of planning control consisting of operational development.
b) within 4 years for an unauthorised change of use to a single dwellinghouse.
c) within 10 years for any other breach of planning control (essentially other changes of use).
18.2. These time limits are set out in: **section 171B of the Town and Country Planning Act 1990. (**The Levelling Up and Regeneration Bill is looking to standardise the time periods which local planning authorities have to enforce against all unauthorised development to 10 years. Once the Bill receives Royal Assent officers will refer to the associated regulations and changes to the national policy.)
18.3. However, the time-limits set out above do not prevent enforcement action after the relevant dates in certain circumstances. There is no period giving immunity from enforcement in the case of listed buildings.
19.1 Once issued, certain statutory notices remain in force in perpetuity and apply to all subsequent owners/users of the Land. These notices (e.g. Enforcement Notices) are recorded in the Planning Enforcement Register which will be made available on-line.
20.1 There is a right of appeal against most statutory Notices issued by the Council (exceptions are Breach of Condition Notices, Stop Notices and Temporary Stop Notices). Appeals are in most cases to the Secretary of State (the Planning Inspectorate) or in some cases to the Magistrates Court. When a Notice is issued the recipient will also be given the necessary information as to how to exercise their right of appeal. Enforcement Action is held in abeyance while any appeal is processed and determined. There is no set timeframe for the determination of appeals and this can delay resolution of the breach.
21.1 In general, breaches of planning control are not criminal offences (with some exceptions). However failure to comply with a Statutory Notice such as an Enforcement Notice is a Criminal Offence and the Council will normally prosecute for non-compliance with such Notices.
21.2. It is also an offence to give false or misleading information in response to a Notice and/or a planning application and the Council will also consider a prosecution or caution in these cases.
21.3. As well as offences, which follow failure to comply with a Statutory Notice, there are offences that stand alone, such as:
21.4. In initiating prosecution proceedings, we will have regard to the Crown Prosecution Service’s tests of prosecution:
21.5. Where it is appropriate, we may apply for a Confiscation Order under The Proceeds of Crime Act 2002 (“POCA”) where an offender has failed to comply with the terms of an enforcement notice and financially benefits from their unlawful activity.
21.6. We would then recover any expenses reasonably incurred by undertaking this work from the person who is then the owner of the land (under Regulation 14 Town and Country Planning General Regulations 1992).
22.1 As well as prosecuting, as a local planning authority, we have powers to enter land that is subject to an enforcement notice and carry out the requirements of the notice ourselves (section 178 of the Town and Country Planning Act 1990) often referred to as ‘Direct Action’. It is an offence to wilfully obstruct anyone who is exercising those powers on the local planning authority’s behalf.
23.1 Where an appeal against an Enforcement Notice is made a fee has to be paid which is double the usual applicable planning application fee.
24.1 Reading Borough Council recognises that there may be occasions when things go wrong and the customer’s complaint is the first step in helping to put matters right.
24.2. The Council has a corporate complaints procedure, which is followed when a complaint is received. Complaints about the service can be made the following link; Corporate complaints procedure – Reading Borough Council
24.3. All complaints will be recorded. If the problem cannot be resolved immediately it will be passed on for further investigation and action.
24.4. The procedure allows for further investigation if the complainant is dissatisfied with the response. Ultimately the complainant has the right to contact the Local Government Ombudsman and information is available to facilitate this process via the above link.
You can contact the Planning Enforcement Team:
Via the website:- Planning enforcement – Reading Borough Council
Or via telephone:- 0118 937 3797
The following links provide additional information on the enforcement process: