Q. A neighbour has started building an extension to the rear of his house without planning permission. I don't want to fall out with him because he can be unpleasant. If I report this anonymously to the Local Planning Authority (LPA) what can they do to investigate themselves?
A. If you were to notify the LPA of these works, they would need to investigate and consider carefully whether or not it is appropriate to take enforcement action. They have the following investigatory powers:
- they could enter his property at any reasonable time to inspect the works, without a warrant, and it is an offence to obstruct this right of entry. If entry is required to a dwelling, 24 hours notice must be given to the occupier. If access is required to a residential garden or outbuilding and entry can be made without going through a dwelling, 24 hours notice is
not required.
- they can issue a planning contravention notice which would require your neighbour to provide confirmation of the works he has carried out to date. It is a criminal offence to fail to comply with such a notice or to knowingly give false replies.
- they could issue a "temporary stop notice" to halt immediately the works, for a limited period, while they investigate further and decide whether or not to take planning enforcement action. It is a criminal offence not to comply with the requirements of a temporary stop notice and an offender is liable to a fine.
After conducting their investigations the LPA would then have to decide whether or not to take any enforcement action against your neighbour. They are not obliged to do so and in deciding whether or not to take enforcement action they will balance the private interests of your neighbour against the wider public interest.
Should you have a queries regarding any legal matter please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.
