Borough of Telford & Wrekin

Planning enforcement

The enforcement team ensure that planning controls are being complied with.

 

The planning enforcement team is responsible for investigating alleged breaches of planning control, advertisement control and conditions. In addition, they are responsible for assessing complaints under the high hedge legislation. They carry out approximately 500 investigations each year.

The enforcement officer will visit the site of the alleged breach and if a breach of planning control is identified, the enforcement officer will attempt to negotiate an informal resolution by either inviting a retrospective planning application or by requesting that remedial works be carried out. If informal negotiations fail to reach a positive conclusion, then the Council may decide to take formal action.

All complaints that are made to the Enforcement Team are treated as confidential and personal details are not divulged to any other persons.

If you are affected by work someone is doing and you think that they do not have planning permission, please call our enforcement team on 01952 380380.


Enforcement - frequently asked questions


The following information is provided as a guide only, and is not an explicit interpretation of planning legislation. You should contact the enforcement team for advice relating to your specific circumstances.

Click on the question to view the answer. To return back to the question click on the 'Back' arrow at the top of the internet page.

1 In what circumstances is planning permission required?


2. Can my neighbour erect a wall or fence on a boundary without planning permission?

3. Can my neighbour build an extension or conservatory without planning permission?

4. Can my neighbour build a roof extension without planning permission?

5. Can my neighbour install uPVC windows in their house without planning permission, even in a conservation area?

6. Can my neighbour change their shop to a café without planning permission?

7. Can my neighbour cut down a tree on their property?

8. Can my neighbour run a business from their house?

9. Can my neighbour erect a satellite dish on the front of the property, even if it is in a conservation area?

10. How do I find out if my neighbour has planning permission for the development being carried out?

11. How do I find out who owns my neighbour's property or any plot of land, fence or wall?

12. What can I do if my neighbour is building an extension or wall and part of it will be on my land?

13. Who can help me if my neighbour is carrying out works to a party wall?

14. Who can help me if my neighbour's builders are working on Sundays and late/early during the week

15. Who can help me if there is excessive noise, smell or other forms of pollution being caused by activities at my neighbour's property?

16. How do I find out if I need permission to erect an advert on my business premises?

17. What action will the Council take in respect of flyposting?



1. In what circumstances is planning permission required?

Planning permission is required for most visible external building works and changes of use on private land. There are a number of types of building works and changes of use that do not require planning permission, falling into two main categories:

  • Works which are not defined as 'development' and therefore do not require permission.
  • Works that already have permission, or 'deemed consent'.

The Town and Country Planning (General Permitted Development) Order 1995 automatically grants deemed consent for a wide range of works by virtue of 'permitted development'. Some of these works are discussed below, but if you want more in-depth or specific advice, visit the Planning Portal or the DCLG website. Alternatively you can see a full copy of the legislation at the HMSO website.


2. Can my neighbour erect a wall or fence on the boundary without planning permission?

Unless their property is a Listed Building or covered by an Article 4 Direction, your neighbour can erect a 'means of enclosure' (gate, wall, fence, etc) up to one metre in height where it is adjacent to a highway, or up to two metres in height on any other boundary. If an existing means of enclosure is altered or repaired, it can extend to its former height. For more detailed or specific advice, visit the Planning Portal website. You should be aware that the ownership of land and boundaries is a civil matter and cannot be dealt with by the Council.


3. Can my neighbour build an extension or conservatory without planning permission?

In most cases, if the property is a single dwellinghouse (and not flats) then your neighbour may erect an extension (including a conservatory) without planning permission, However, although some of the size limitations are explained below, given the complexity of the legislation and the fact that some developments have conditions which remove permitted development rights, you can seek confirmation by contacting Planning Services or visiting the Planning Portal website.

If the property is within a conservation area or is a terraced house, the total volume of the extension(s) must not exceed 50 cubic metres, or 10 percent of the original dwellinghouse, whichever is the greater. In any other case, the total volume of the extension(s) must not exceed 70 cubic metres, or 15 percent of the original dwellinghouse, whichever is the greater. This volume is the total allowed for all extensions on the property, therefore the volume of any other extensions, including roof extensions, should be subtracted from this allowance.

If the extension is within 2 metres of the property boundary, it must not be in excess of 4 metres in height. In addition, the total area of ground covered by the extension must not exceed 50 percent of the total are of the 'curtilage' (the property's land excluding the ground area of the house itself).


4. Can my neighbour build a roof extension without planning permission?

In most cases, if the property is a single dwellinghouse (and not flats) and not in a conservation area, then your neighbour may erect a roof extension to the rear of the property without planning permission. However, there are a number of restrictions and limitations, and although some of the size limitations are explained below, given the complexity of the legislation and the fact that some developments have conditions which remove permitted development rights, you can seek confirmation by contacting Planning Services or visiting the Planning Portal website.

The total volume of the extension(s) to the roof must not exceed 40 cubic metres, in the case of a terraced house or, 50 cubic metres in any other case. The roof extension must not front a highway and must not exceed the highest part of the existing roof.

Internal loft conversions that do not extend beyond the existing roof may not require planning permission. However, the insertion of a roof-light in a conservation area may require planning permission.

Some individual properties within the Severn Gorge Conservation Area benefit from greater protection and roofs and chimneys cannot be changed without planning permission. These properties are covered by an 'Article 4 Direction'. For further information on other items covered by the Direction see Article 4 Directions.


5. Can my neighbour install uPVC windows in their house without planning permission, even in a conservation area?

In most cases, if the property is a single dwellinghouse (and not flats) and is not a Listed Building, your neighbour can replace windows or insert a new window in the building without planning permission. However some properties may be the subject of specific planning conditions which prevent the installation of uPVC windows without permission you can seek confirmation by contacting the Enforcement Officer who will be able to confirm whether the specific property is covered by such a condition.

Some individual properties within the Severn Gorge Conservation Area benefit from greater protection and windows cannot be inserted without planning permission. These properties are covered by an 'Article 4 Direction'. For further information on other items covered by the Direction see Article 4 Directions.


6. Can my neighbour change their shop to a café without planning permission?

If a property has a lawful use as a retail shop (use class A1) any changes to a restaurant/café (use class A3) or hot food takeaway (use class A5) will require planning permission.

However, if the shop is only serving cold food with little or no seating provision for consumption on the premises (such as a sandwich bar), planning permission may not be required. Similarly, permission may not be required if the majority of the premises still remain in a shop (Class A1) use. The specific considerations will have to be assessed on a case by case basis. For more detailed advice contact Planning Services.


7. Can my neighbour cut down a tree on their property?

Your neighbour cannot carry out works without prior consent to a tree that is protected. A tree is protected if it is in a designated conservation area and/or if it is subject to a tree preservation order. To find out if a tree has a tree preservation order on it, you should contact Planning Services. DCLG also produce a free leaflet called 'Protected trees: a guide to tree preservation procedures'. Your neighbour can cut down, or carry out works to any unprotected tree on private land.

See the section on trees and hedges for more information.


8. Can my neighbour run a business from their house?

Many small businesses are started by people working in their homes and this does not always require planning permission. Planning permission is not required if the use of part of your home for business purposes does not change the overall character of the property as a single dwelling. For example, the use of a room as an office for one of the residents of the house, or childminding in line with the Government's standard recommended ratios, would be unlikely to mean that the character of the dwelling-house had changed and would not normally require planning permission.

If the business involves the following:

  • more people visiting the property during the day/evening than would normally be the case for residential use;
  • uses that require employees to be present at the dwelling;
  • uses that require business vehicles to be kept at the site;
  • deliveries taking place that are more frequent and involve larger quantities of goods than is usual for a household;
  • the use of a large part of your home for business activities, such as offices, storage, and other commercial purposes (including the use of sheds and garages);
  • activities that are noisier than domestic use or produce fumes that would not be expected from residential properties;

then planning permission is likely to be required.

If you are considering working from home you are strongly advised to contact Planning Services to get proper advice before embarking on your enterprise. The DCLG produce a free Guide for Businesses which can be obtained directly from their web site or from our offices at Darby House. Further guidance can also be obtained from the Planning Portal.


9. Can my neighbour erect a satellite dish on the front of their property, even if it is in a conservation area?

In most cases, satellite dishes can be erected on a building without planning permission, subject to various constraints. However if the property is within a conservation area, the dish must not front a highway. For detailed advice on the siting of dishes you can visit the Planning Portal website. or view the DCLG guidance note.


10. How do I find out if my neighbour has planning permission for the development being carried out?

If you have the address of where the works are being carried out, we can find out whether there are any planning permissions which relate to the address. You can find out this information by contacting Planning Services.


11. How do I find out who owns my neighbour's property or any plot of land, fence or wall?


The planning department does not retain this information. You can obtain this information by contacting the Land Registry which is a government department holding records of who owns land and property in England and Wales. Our Asset & Property Management business unit can only tell you if the land is owned by the Borough Council.


12. What can I do if my neighbour is building an extension or wall and part of it will be on my land?

If your neighbour is carrying out building works that are on your land, you should seek legal advice from a solicitor or the Citizens Advice Bureau. Land disputes are a civil matter and the Council cannot intervene unless the works themselves require planning permission.


13. Who can help me if my neighbour is carrying out works to a party wall?

Works to party walls are purely a civil matter controlled by the Party Wall etc Act 1996 and the Council has no enforcement power to intervene. You should contact a party wall surveyor for advice in this matter.


14. Who can help me if my neighbour's builders are working on Sundays and early/late during the week?

If building works are occurring on the site outside of normal working hours (8am-6pm Monday to Friday and 8am -1pm on Saturdays) and are causing a noise nuisance, you should contact the Council's environmental health unit.


15. Who can help me if there is excessive noise, smell or other forms of pollution being caused by activities at my neighbour's property?

If activities at your neighbour's property are resulting in an unacceptable level of noise, smell or other forms of pollution, you should contact the Council's Environmental Health unit. The planning department cannot intervene in this instance unless an unauthorised change of use has occurred. If a change of use has occurred, the enforcement team can only address the use itself, and not any resulting forms of pollution.




The display of advertisements is governed by the Town and Country Planning (Control of Advertisements) Regulations 1992.

Regulation 5 provides that no advertisement may be displayed without consent granted by the local planning authority or by the Secretary of State (called express consent). Express consent requires an application to be made to the local planning authority see planning forms and notes.

There are a wide range of advertisements identified in Regulation 6 of the Advertisement Regulations that do not require local planning authority consent. They are referred to as having deemed consent.

The unauthorised display of advertisements is a criminal offence subject on conviction to a maximum fine of £2500 per advertisement.

It is therefore important that prior to erecting new advertisements or altering existing ones that the advertiser has ensured that the advertisements to be displayed benefit from deemed consent or have the approval of the Local Planning Authority. If you want advice, please contact Planning Services. You will need to provide information on the size of the sign, its proposed location, content and method of illumination.

A booklet 'Outdoor Advertisements and Signs, A Guide For Advertisers' is produced by the Department for Communities and Local Government and copies can be obtained from the Planning reception or on line from the odpm website.


17. What action will the Council take in respect of flyposting?

Flyposting is the illegal and unauthorised placing of any sign, poster or sticker advertising or promoting an event or commercial activity on any street sign, public utility street furniture, road verge, roundabout or on private premises.

It is the responsibility of the property owner to remove such items fixed to private property. However, the Council does have powers to get flyposting removed, including prosecution action.

If you wish to complain about flyposting, please contact one of the Planning Enforcement Team. We will need to know the precise location, the type of advertisement and what it is being advertised.



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For up to date contact numbers please refer to the Guide to Council Services.