Requesting a Planning Enforcement investigation
The quickest way to request a planning enforcement investigation is using the online Planning Enforcement Investigation Form. There will be a delay in processing requests sent by post.
To help us deal with your request, please note the following information.
The Planning Department will not be able to investigate matters which are:
- from an anonymous source
- solely of a civil nature (like parking disputes, boundary disputes and issues concerning the Party Wall Act)
- purely related to noise or other environmental disturbance (please refer to our Environmental Health Team)
- property which appears to be unsafe (please refer to our Building Control Team)
The information in the links below may help you understand the planning process, including if a development requires planning permission.
If you do not want to request an investigation, but have a planning enforcement enquiry you can send an email to email@example.com
When we can take enforcement action
We cannot accept anonymous requests. We need to be able to verify the details of the planing enforcement request, for example the location and nature of breach.
Most cases reported to the Council are not considered to be a breach of planning control and the Enforcement Team will not be able to take action in the following circumstances:
- when the work or change is not defined as development or legislation has already granted planning permission (known as ‘permitted development’) (Do I need Planning Permission?)
- where an advert is not controlled or benefits from ‘deemed consent’ by the advertisement regulations
- where breaches of planning control are immune from enforcement action because a number of years have now passed (4 years for a building or a self-contained dwelling and 10 years for change of use or breach of condition)
- the works are considered too minor to fall under the scope of planning control (called ‘de minimis’)
- it has been decided that it is not expedient to take enforcement action taking into account national and local policy and the specific circumstances of the case
- because the work already has planning permission (check the Planning Register)
Short-term holiday lets
It is not always the case that using a property for short-term holiday lets is a change of use that requires planning permission. We need to investigate each property on its own merits to determine whether a change of use has taken place.
The investigations and enforcement team
Where a breach of planning control, causing harm, is proven the Team will seek, where possible to resolve the breach through negotiation. However, in certain circumstances the breach may require legal notices to be issued or the instigation of prosecution proceedings. Examples of the types of allegation we investigate include:
- unauthorised extensions to a property
- unauthorised changes in the use of land or buildings
- unauthorised demolition of or alterations to listed buildings or buildings within a conservation area
- breach of planning and listed building notices
- works not in accordance with an approval or where conditions have not been complied with
- unauthorised display of an advert
- land or buildings which have been neglected and are significantly harmful to the area
Most investigations relate to activities which are breaches of planning control. The aim of the service is to identify and resolve any significant harm that may be caused by these breaches.
However, a small number of cases involve investigations into criminal offences. Investigations into criminal offences will be dealt with differently to that of breaches of planning control, as it involves different legislation, and you will be advised if this applies to your case.
How to request an investigation
Requests are only accepted in writing through the Planning Enforcement Investigation Form unless the request relates to an urgent matter, such as where the fabric of a listed building is at risk. For residents who cannot access the internet, you can phone 01273 292 222 from 9:30am to 1:30pm daily (excluding weekends and bank holidays).
Most people requesting an investigation provide photographs and other evidence to assist the investigation. This can result in a quicker resolution.
If you are concerned about an unauthorised use you will be asked to complete a diary of events.
See our Enforcement Investigation FAQs (PDF 45KB) for more information on how we investigate alleged breaches. We do not give out details of requests, all information will remain confidential.
Planning local enforcement plan
Read our Planning local enforcement plan for more information on how we identify and deal with planning breaches.
Details of all the formal enforcement notices issued in Brighton & Hove are published in our Enforcement Register.
The Enforcement Register is in date order. Use search to find a particular address in the document.
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