Castle Point Borough Council Planning Enforcement
The Castle Point Borough Council Development Management Enforcement Policy was adopted on 18th March 2026. A copy of the policy can be found below and provides a comprehensive guide to the planning enforcement process, including information on types of breach of planning control, matters that do not represent a breach of planning control, reporting a breach, the enforcement investigation, and the appeals process.
Please ensure you have read and understood the policy before registering a planning enforcement complaint.
The Castle Point Borough Council Development Management Enforcement Policy [pdf] 618KB
A breach of planning control is defined in Section 171A of the Town and Country Planning Act (TCPA) 1990[1] as:
(a) ‘carrying out development without the required planning permission; or
(b) failing to comply with any condition or limitation subject to which planning permission has been granted.’
Permitted Development
Some forms of development benefit from a ‘deemed planning consent’ by virtue of the General Permitted Development Order 2015 (as amended). These ‘deemed planning consents’ are more commonly known as Permitted Development (PD) rights and are what are commonly relied upon for small home improvements, sheds and fences, but can also extend to some commercial premises. To qualify as permitted development the works must comply with certain rules regarding height, size and location.
For more information regarding what constitutes permitted development, please refer to the Planning Portal Interactive House. For more in-depth criteria, please see the Technical Guidance.
Other changes of use may not require formal planning consent where the use of the land or building falls within the same ‘Use Class’ under the Town and Country Planning (Use Classes) Order 1987 (as amended) (UCO)[2] or there is a permitted change of use.
For more information regarding use classes and permitted change of use, please refer to the Planning Portal; Use Classes - Change of use - Planning Portal.
Similarly, some forms of advertising benefit from a deemed consent. Further information can be found on Advertisements - GOV.UK.
FAQ’s
The Planning department receive a number of common queries which can be addressed without having to raise a planning enforcement complaint.
Please refer to our FAQ’s page below to see if your query can be answered prior to raising a formal complaint;
Planning Enforcement FAQ's
Matters that do not represent a breach of planning control
Matters that do not constitute a breach of planning control cannot be investigated and resolved by the Planning Enforcement Team. When considering whether to raise a planning enforcement complaint, the Council encourages complainants to follow the guidance within The Castle Point Borough Council Development Management Enforcement Policy to ensure that the complaint has been directed to the appropriate department/ authority/ organisation. A summary of common complaints that are often misdirected to the planning enforcement team is provided below;
- Boundary/ Land ownership/ Party Wall disputes – private/ civil matter – independent legal advice should be sought
- Breaches of restrictive covenants on Title Deeds - private/ civil matter – independent legal advice should be sought
- Parking of vehicles on the highway Highways - Essex County Council - Tell us - Essex County Council
- Illegal Parking – Can be defined as anti social behaviour and should be reported to Essex Police - Report antisocial behaviour | Essex Police
- Obstruction of a Public Right of Way - Highways - Essex County Council - Tell us - Essex County Council
- Overhanging/ overgrown vegetation on the highway network Highways - Essex County Council - Tell us - Essex County Council
- Dangerous Structures – Castle Point Building Control - Building Control | CastlePoint
- Breach of Building Control Regulations/ Works without a Building Control Application – Castle Point Building Control - Building Control | CastlePoint
- Anti Social Behaviour/ Vandalism/ Crime – Essex Police - Report a crime | Essex Police
- Noisy Activity, including DIY or Construction Noise outside of Building Work Restriction Hours – Castle Point Environmental Health - Construction Noise | CastlePoint (There is an exception here where an approval of a planning application has been granted subject to a condition restricting construction times or a ‘Construction Management Plan’ that may set out working times, in this instance, the breach should be reported to both the Planning Department and Castle Point Environmental Health)
- Unsafe construction practices (even where planning consent was granted by Castle Point) - Health & Safety Executive - Tell us about a health and safety issue - Contact HSE
- Concerns regarding child welfare and/ or authority for childcare provision – Essex Social Care - Report a concern about a child | Essex County Council/ Ofsted - Complaints procedure - Ofsted - GOV.UK
Reporting a Breach
If, after reading the guidance above and The Castle Point Borough Council Development Management Enforcement Policy you consider there to have been a breach of planning control which requires investigation, please select the appropriate enforcement form from the links below and complete the form with as much information as possible.
On selecting the form for a ‘material change of use’ or ‘breach of condition’ where the breach is demonstrated by activity rather than physical development, you may wish to complete a Diary Sheet and attach this to your complaints form.
Where you are reporting works to a protected tree, first confirm the ‘TPO’ number using the Map of planning data for England | Planning Data for inclusion on the form.
Please drop the pin on the exact location of the breach of planning control and complete the location.
Complaints Form - Advertisements
Complaints Form - Breach of Condition
Complaints Form - Material Change of Use
Complaints Form - Works to a Protected Tree
Complaints Form - Operational Development
The complaint form will form the basis of the investigation and evidence submitted may be required to demonstrate a breach of planning control is occurring and also should it be considered to take formal action and/or the case reach an appeal stage. In these circumstances, the complainant will be contacted to request consent to release details of the complaint and any subsequent evidence provided to the Council.
Updates
The Council has a small planning enforcement team and a receives a high number of planning enforcement complaints. Resources are best placed in carrying out site visits, investigations and preparing cases for formal action, rather than providing regular updates on the progress of investigations. Enforcement matters can take some time to resolve however we will endeavour to inform you of the outcome of the enforcement complaint when the matter has been concluded.
An officer may however, wish to contact you for further information through the course of the investigation and will use the contact information provided in your complaints form.
Enforcement Notices
All enforcement notices issued by Castle Point Council up to the end of 2016 are provided in the links below.
The list of enforcement notices below may not be fully up to date due to the ongoing nature of enforcement work. An up-to-date copy of the register is available to view by appointment at the councils offices