In addition to the information provided throughout our service pages, below you'll find answers to the common questions you might have about planning enforcement.
All complaints made to us about planning enforcement matters are confidential and are not shared with the subject of the complaint. In some circumstances your details may however be passed to other council departments (for example environmental protection, building control or highways) if they have powers to assist in investigating your complaint. The information submitted to us forming part of a complaint is considered to be personal data, which is therefore exempt from the provisions of the freedom of information act 2000 (as amended) and does not have to be disclosed by us. The only details which are revealed are the nature of the complaint made, for example that a wall has been built without planning permission. We do not have the power under the planning legislation to stop building work in most cases, including unauthorised development at a residential property, such as the construction of a garage, conservatory or outbuilding. In exceptionally rare circumstances there is the power to serve a notice requiring that unauthorised development is stopped, where serious planning harm is being caused. No. however, if a building is listed, it is a criminal offence to carry out works that extend, alter or demolish any part of the building without first obtaining consent from us. If an enforcement notice is served requiring for example, the removal of an unauthorised development, it is a criminal offence to fail to comply with the requirements of the notice in the time given. The offender however has the right of appeal against such a notice. No. If an obstruction of the highway is being caused by the activity, the police should be contacted. In some circumstances we may be able to investigate and instigate action under the highways legislation. This would be carried out by our highways department. We cannot become involved in matters relating to boundary disputes or allegations of trespass onto your property. If an extension is constructed on a neighbour's property that you believe part to have been built on your land, you should seek legal advice from a solicitor or legal advisor about how to pursue the matter. Similarly, if a neighbour has erected scaffolding on your property to enable them to construct an extension, we do not have any power to act. Planning permission would not be required for the use by a family member or friend to use a caravan or motorhome as living accommodation next to the main dwelling. We cannot become involved in and have no power to act regarding matters relating to access rights. If a neighbour has fenced off part of their garden or a shared private drive over which you believe you have a right of access, you should seek legal advice from a solicitor or legal advisor about how to pursue the matter. In many cases, except for the installation of a new window opening at first floor level in a side elevation, planning permission is not required to replace the windows, or to add new windows or install roof lights in a residential property, even if the property falls within a conservation area. If a property is listed however, listed building consent would be required and planning permission may also be required. A property owner can usually use a room in their property as a home office, without needing to apply for planning permission. We cannot become involved in and have no power to act regarding matters relating to the content of your deeds. If a neighbour has done something which you think is prohibited or restricted by the deeds, you should seek legal advice from a solicitor or legal advisor about how to pursue the matter. The building control section can grant building regulations approval for a development if it complies with building regulations. This is not a grant of planning permission. Building regulations and planning permission are entirely separate matters and are governed by completely different legislation. In many cases planning permission will also be required and would need to be applied for separately. If you demolish anything such as an extension, garage, outbuilding, wall, or fence and replace it with something identical, you may still require planning permission. Whether or not you need planning permission will depend on several factors. The fact that something similar or identical existed before is not a relevant factor in determining whether planning permission is required. If I make a complaint against someone, will they find out it was me?
If a complaint is made about a case that proceeds as far as appeal or prosecution proceedings, evidence may be required from you to increase the chances of a positive result, but you would be contacted about this beforehand to enable you to consider your position.
Somebody has made a complaint against me. Can I find out who it was?
My neighbour does not have planning permission for building work they are carrying out. Can you force them to stop building?
Is building an extension, garage or conservatory etc. without planning permission a criminal offence?
My neighbour is repairing or selling cars on the road outside their house. Can the planning department do anything about this?
My neighbour is building an extension that encroaches slightly onto my property. Can the planning department do anything about this?
Do my neighbours need planning permission to allow someone to sleep in a caravan or motorhome stationed on their property?
My neighbour has constructed a fence that blocks off my right of access to the rear of my property. Can the planning department do anything about this?
Similarly, if your neighbour constructs a fence or wall over a public footpath or a public right of way, we do not have the power to take any action in respect of the encroachment. Our highways department (streetcare@bolton.gov.uk) may be able to investigate development that appears to encroach onto a public footpath, and the public rights of way section (prow@bolton.gov.uk) may be able to investigate any alleged obstruction of a public right of way.
We can only investigate an alleged unauthorised boundary wall or fence if it exceeds permitted development height restrictions. For further information see permitted development rights.
Does my neighbour need planning permission to change the windows or add new windows or roof lights in their house?
In some cases, permitted development rights, which allow people to insert new windows and roof lights, may have been removed, in which case you would need to apply for planning permission. It is always advisable to check with the us before you carry out such work. Does my neighbour need planning permission to use a room in their house as an office? There is something in my deeds that says the properties in this area can only be used for residential purposes.
I have received a letter from you telling me that my extension is unauthorised. My plans were approved by building control. Do I need separate planning permission?
I have received a letter from you telling me that my extension is unauthorised. I have only demolished and replaced my rear extension with an extension of an identical size. Do I need planning permission?