When protecting the environment, planning enforcement is an important part of the planning process.
It's not always a criminal offence to carry out development without planning permission - but it may be a breach of planning law. We, as the local planning authority, have the power to enforce that law.
Planning law can be very complicated. This webpage is only a guide to the enforcement procedures, and our powers.
We see enforcement action as a crucial part of controlling development. All reports of possible breaches of planning control are taken seriously and are investigated as quickly as possible. This is in accordance with a priority system.
Please note that within residential gardens, there are certain rights to erect small buildings and extensions without planning permission. This is known as 'permitted development'. For further information, visit Planning Portal's website.
If you would like to report something that you believe is a possible breach of planning regulations, you can submit a planning enforcement report.
We cannot accept anonymous reports.
If you want to provide general feedback about our enforcement service, please contact us
When you make a report - or are enquiring about a possible breach of planning - you will need to supply the following information:
The Babergh and Mid Suffolk draft Joint Local Planning Enforcement Plan (JLPEP) went to Full Council in March 2023 and the final version is published below.
The changes and improvements to the JLPEP include the following:
The development of this new enforcement plan draws on examples of best practice in the profession and aligns to related transformation activity which has been continuing within the planning enforcement service.
JLPEP - Final version May 2023 (adopted)
Appendix A - Prioritisation Strategy – September 2023
Appendix B - Planning Enforcement Workflow – Public Version 2023
The Register holds information on the Notices issued and served by the Councils.
Not all Notices that the Councils can serve under the law are made available to the public. Only:
must be available for viewing by law.
If you would like to view an Enforcement Notice, Stop Notice or Breach of Condition Notice, please make an appointment. You can do this by phoning 01449 724560 or emailing Planning Enforcement
If there has been a breach of planning control, we will tell you about this as soon as possible. We will also let you know about the steps you can take to correct the situation.
If we believe that there has been a breach, our Enforcement Officer will normally issue you with a planning contravention notice. This will ask you for further information, which we can then use to confirm whether a breach has occurred.
You may be prosecuted if:
Where a breach of planning control has been found, you will be given a reasonable amount of time to correct the situation. However, we will not always wait until an application has been submitted, before we consider enforcement action.
We would rather resolve any planning control breaches, without the need for formal action. However, if the breach remains, we may have to begin enforcement proceedings. This may happen via an enforcement notice - or in some cases, by immediate prosecution.
Failure to comply with an enforcement notice may result in a prosecution at the magistrate's court. It may also result in civil proceedings, that can cause an injunction to be issued.
In some cases, if you not comply with an enforcement notice, we may use our own contractors to carry out any works needed. If we have to do this, the total cost of the works will be charged to the landowner.
The government have published guidance on their website named Appeal an enforcement notice. The guidance provides information about how you can appeal an enforcement notice, and when.
Planning Portal have also published information about enforcement appeals on their website.
If a hedgerow is on, or runs alongside:
you will need permission to remove all or part of it.
Hedgerow regulations do not apply to any hedgerow that marks the boundary of, or is within the curtilage of, a dwelling house.
The easiest way to apply for permission to remove a hedgerow is online, via Planning Portal.
You will be able to submit any relevant plans and drawings alongside your application. (Attachments must be in PDF format).
You can also still apply for permission by filling out a paper copy of the application form, and posting it to us.
You can download a copy of the application form via Planning Portal's Paper Form Chooser.
If you are having difficulty with the height of a neighbour's hedge, advice and guidance on how to resolve the dispute is available.
The government have published Over the Garden Hedge, which provides guidance on how to settle your hedge differences without involving us.
If you do not have any success, we may be able to help you. However, the process that is outlined in Over the Garden Hedge must be attempted, before you report your complaint to us.
The government have also published High hedges: complaining to the council. This guidance provides more information about the powers we, as a local authority, have in these situations.
If, following this guidance, you are confident that we could investigate and assist with your complaint, you may submit a high hedges report.
The report has a fee of £350, which must be paid when you submit your report.
If we decide that the contents of your reports does not meet our criteria, we will issue a refund.