Elmbridge Borough Council has discretionary powers to address breaches in planning control that harm the amenity of an area and cannot be resolved through negotiation.
Before Reporting a Planning Breach
Residents are advised to first check if planning permission has been granted for the work in question by using the council’s planning application search. Additionally, it is important to determine if the work is permitted without planning permission by consulting the Planning Portal.
What the Council Cannot Investigate
The council cannot investigate issues related to:
- Ownership disputes such as party walls, boundary disputes, land ownership, deeds, and covenants
- Disruptions including noise, smell, anti-social behaviour, overgrown trees and bushes, and vehicles
- Site operations like health and safety concerns, hours of work, security, graffiti, dangerous structures, and poor quality of work
- Highway matters such as parking, obstruction, and objects on footpaths
- Drainage issues involving sewers and soakaways
The Council’s Commitment
Elmbridge Borough Council commits to treating reports of planning breaches confidentially and acknowledges receipt of reports within seven working days.
Role in Planning Compliance
Planning compliance is discretionary, and the council is not obligated to act in every case. Decisions depend on factors such as reasonableness, proportionality relative to the harm caused, expediency, public interest, and whether planning permission would likely have been granted if applied for.
Immediate interventions are rare. Typically, the council reviews all circumstances before deciding on the appropriate formal action.
Planning Compliance Action and Enforcement Register
The council maintains an up-to-date register of formal actions taken, including details of breaches and the types of actions. This register contains information on notices dating back to 1982. For notices prior to 1982 or to view the full register in hard copy, residents can contact the council.
Enforcement Register (PDF, 5.23MB)
Enforcement Appeals
If a planning enforcement notice is appealed, the decision is made by the Planning Inspectorate. Details of current and past enforcement appeals, including decisions, are available on the Appeals Casework Portal.
