Enforcement

The planning enforcement team investigates potential breaches of planning control, monitors development and responds to complaints.

The council will not deal with boundary issues or neighbour disputes.  

What is a breach of planning control?

The Town and Country Planning Act 1990 defines a breach of planning control as: 

' ...carrying out of a development without the required planning permission, or failing to comply with any condition or limitation subject to which planning permission has been granted' 

Examples include:

  • Building work, engineering operations and material changes of use that are carried out without planning permission
  • Development that has planning permission but is not being carried out in accordance with the approved plans 
  • Failure to comply with conditions attached to a permission or consent
  • Displaying an advertisement, without consent being granted, that requires express consent under the Advertisement Regulations*
  • Demolition that takes place in conservation areas without conservation area consent when required*
  • Works carried out to a listed building, which affect the historic character or setting, without listed building consent being granted*
  • Failure to comply with the requirements of a notice (e.g. enforcement, discontinuance, stop notice, section 215 (untidy land/buildings, etc.)*
  • Removal or works including pruning protected trees and hedgerows without consent being granted or the proper notification being given*

* These items constitute an offence

Technical Advice Note (TAN) 9: Enforcement of Planning Control (1997) provides the policy guidance for planning enforcement in Wales.

Making a complaint 

If you think that there has been a breach of planning control contact the planning enforcement section with: 

  • the precise location of the site or property, without this the complaint may not be investigated
  • Exactly what you believe is the breach of planning control
  • An indication of any harm caused or being caused
  • If possible, the identity of the person or organisation responsible and the date and time when the breach began

All complaints received will be treated as confidential and every effort will be made to ensure that the identity of a complainant remains confidential.

This information will not be given in response to a Freedom of Information Request.

If contact details are provided and you have asked to be kept informed, Newport City Council will write to you about any significant developments.

Although anonymous complaints are accepted it is preferable to have details, people close to the site of an alleged breach often provide the best evidence.

What will happen to your complaint? 

  • We will acknowledge receipt within 5 working days if you have provided contact details and will register the report
  • Within 28 days of a report of unauthorised development being received, the council will arrange for the site to be visited
  • If a breach of planning control appears to have occurred and the council intends to pursue the matter further, it will normally seek to remedy the breach ‘informally’ in the first instance. If this cannot be achieved, then the council will decide whether or not to pursue the matter further with formal enforcement action.
  • If further action is thought to be necessary the council will decide on the best course to pursue which may involve further negotiation with the landowner(s) or formal enforcement action 
  • If formal action is to be pursued authorisation will be requested at the next available delegated meeting, or at Planning Committee where necessary.

Contact

Contact the planning enforcement team at Newport City Council.

Read more about enforcement on the Planning Portal website.