Planning Enforcement

We have adopted a Local Enforcement Plan to provide the foundation for our planning enforcement service. The document is available to view here: Local Enforcement Plan 2025 (PDF, 7 MB)

A summary of our procedure and approach are summarised below.

Our planning enforcement service will:

• investigate alleged breaches of planning control that are reported in writing - we will only register and investigate anonymous complaints that relate to works to a Listed Building or a tree protected by a Tree Protection Order (TPO)
• register and acknowledge written complaints that have been received, as well as updating those complaining on progress of the investigation
• seek to control breaches of planning control that cause noticeable harm to amenity

We will deliver this service by:

• prioritising cases in accordance with our enforcement policy
• being helpful, polite and open in the way we work
• allocating a named case officer as a contact person
• responding to all contact in plain English
• pursuing a breach of planning control to a suitable conclusion
• retaining confidentiality of those complaining when possible

Our planning enforcement team is available to advise on suspected breaches of planning control.

Typical breaches include:

• Unauthorised development
• Unauthorised use of land and/or buildings
• Non compliance with approved plans and/or conditions
• Unauthorised works to a protected tree
• Unauthorised works to a Listed Building
• Unauthorised advertisement
• Untidy land belonging to private owners
• High Hedges

Where we find unacceptable harm to arise from a planning breach, we take action to resolve it.

We are unable to investigate the following matters:

Dangerous Structures (please report it to the Building Control Partnership)

Breaches occurring on or within a public highway (please report it to Hampshire County Council Highways)

Parking issues

Disputes about boundaries or land ownership

Matters relating to noise disturbance or pollution (further information can be found here)

Reporting a possible breach

We ask for complaints in writing because it provides evidence to justify why we are investigating. It's also useful if we need to update you or to obtain further information. Please note that the Council will not respond to complaints that are deemed vexatious or malicious.

Please provide your full contact details, name, address, email address and a contact number. Please also include the address of the property/site that you are concerned about and as much detail as you are able regarding any possible breach of planning control.

We respond more quickly to emails, but you can also send letters.

Contact us

Email: planning@gosport.gov.uk

Post: Planning Enforcement, Town Hall, High Street, Gosport, PO12 2EB

We do not investigate anonymous complaints unless they involve a Listed Building or trees protected by a TPO.

Possible outcomes

When no breach is identified, no further action will be taken.

When a breach of planning control is identified, the Local Planning Authority has several options to resolve the matter. The enforcement of planning control is a discretionary power, and the Council will carefully consider all circumstances before deciding on the appropriate course of action:

• No Action: In some cases, it may not be expedient to take action if the breach is assessed and considered to cause no unacceptable harm.
• Negotiate a Solution: We may seek to negotiate a satisfactory resolution, such as amending the development to make it acceptable in planning terms.
• Seek a Retrospective Application: We may request a retrospective planning application to regularise the breach.
• Formal Enforcement Action: If the breach causes unacceptable harm and a solution cannot be negotiated, we may take formal enforcement action. This may be in the form of serving a legal notice. Notices may require steps to resolve the breach, such as reinstating the land, ceasing the unauthorised use, tidying land and any other steps deemed necessary by the Council to remedy the unacceptable harm. Failure to comply with a notice, and carrying out unauthorised works to a protected tree or Listed Building is a criminal offence and may result in prosecution.