Planning ...
Planning enforcement
Planning enforcement investigate the following alleged breaches of planning control:
- Development that has took place without securing the necessary planning approval (where such approval was required)
- Developments that have secured planning permission but have not been implemented or operated in accordance with the approved plans.
- Developments that have been approved but have failed to comply with the conditions imposed within the decision notice.
If you believe that one of the above points have been breached, please complete the on-line form giving details of the location and nature of the breach.
You do not have to give your name and contact details but if you do we will be able to keep you informed as to the progress of our investigation. Unlike when making public representations on a planning application, enquiries to planning enforcement are treated in strictest confidence.
You can also contact the planning enforcement team:
Email: planning.enforcement@northtyneside.gov.uk
Tel. no: 0191 643 2150
Or you can write with details of the breach, including the location, to the contact address.
Planning Enforcement Register
You can search the enforcement register and view enforcement notices, including Breach of Condition Notices, by using the Planning Enforcement search facility
Cases listed in the search facility include alleged breaches of planning control which are currently being investigated and which may not conclude in any formal action as well as those where formal enforcement action is being or has been progressed.
High Hedges
The legislation in Part 8 of the Anti-Social Behaviour Act 2003 to tackle nuisance High Hedges came into force on 1 June 2005. The legislation provides that where neighbouring residents have tried and exhausted all other avenues for resolving a hedge dispute, members of the public can take their complaint to their Local Planning Authority at North Tyneside Council. However, the role of the Council is not to mediate or negotiate between the complainant and the hedge owner but to adjudicate on whether - in the words of the Act - "the hedge is adversely affecting the complainant's reasonable enjoyment of their property". In doing so, the Council must take account of all relevant factors and must strike a balance between the competing interests of the complainant and hedge owner, as well as the interests of the wider community.
Negotiation is a necessary precursor to submitting a formal complaint to the Council. The Council would require a complainant to provide documentary evidence of any correspondence or notes of verbal communications, or other form of mediation with their neighbour within the last three months. Authorities can reject a complaint if they consider the complainant has not recently done everything they reasonably could to settle the dispute for themselves.
In the event of an amicable resolution to the dispute not being reached or the failure of any meaningful negotiation or mediation the Council may accept a formal application. An application submitted by the complainant or aggrieved party will be subject to an application fee of £340. The applicant is obliged to pay this fee and an application cannot be accepted without it. If a complaint is upheld and the Council determines that a high hedge is having an adverse affect upon the complainant’s reasonable enjoyment of his/her property then a 50% refund of the application fee will be made. Due to the requirements to first seek an amicable solution to such a dispute, complainants must contact the planning enforcement section to request an application form.