Our Planning Enforcement team investigates when planning rules are suspected of being broken. They can issue enforcement notices that can lead to prosecution.
What is a planning control breach?
A planning breach (breaking the planning rules) occurs when:
- a development is started without permission being given - either because the planning application was refused or was never applied for
- a development that has been given permission subject to conditions breaches one or more of those conditions
Examples of planning control breaches
Breaches include:
- building work, engineering operations, and material changes of use which are carried out without planning permission
- non-compliance with conditions attached to planning consents
- developments not carried out in accordance with approved plans
- failure to comply with a legal agreement attached to a permission or consent.
- unauthorised demolition within a conservation area
- failure to comply with the requirements of a planning legal notice
Breaches of planning control are generally not criminal offences, with the exception of:
- unauthorised works carried out to a listed building
- displaying unauthorised advertisements
- carrying out unauthorised works to protected trees
What isn't a breach of planning control
The following examples are not normally breaches of planning control and it is unlikely that action will be appropriate using planning powers:
- street parking of commercial vehicles in residential areas
- sale of vehicles from the highway is dealt with by the District Officers
- operating a business from home, provided there is no material change of use
- clearing land of undergrowth, bushes and trees provided they are not subject to a Tree Preservation Order and are not within a Conservation Area or protected by a planning condition.
- neighbour disputes
- land boundary or ownership disputes
- work to party walls or on boundaries
- smell, noise and pollution (unless a breach of condition attached to a planning permission)
- abandoned vehicles
- internal works to buildings (unless the works involve a listed building or converting the premises into flats). Internal works may need Building Regulations approval.
Report it
Report a planning breach
Select 'Planning' on this form when it asks you to select a service.
We do not accept anonymous complaints. If you do not want to give your details please contact your councillor and ask them to log the complaint on your behalf.
Our enforcement files are confidential. However, if we take legal action it may not be possible to keep your name or details of your complaint confidential. We will always seek your consent to reveal your details before doing so.
Contact us
Planning Enforcement
London Borough of Merton
Merton Civic Centre
London Road
Morden
SM4 5DX
Email: planenf@merton.gov.uk