Planning Enforcement

Enforcement Policy

Procedures

Allegations about possible breaches of planning control are received from a number of sources; the public, Parish and Town Councils, Councillors and from officers.

They can be received in any form; letter or fax, telephone or during meetings or by officer observations. All allegations are allocated a case number and recorded. It is the Council's policy not to progress anonymous allegations, so you are urged to include your name and contact details. All complaints received are treated in confidence.

We have two planning enforcement officers who investigate all complaints about possible planning breaches throughout the district. This will usually start with a visit to the site to confirm what is happening there and an assessment of whether a breach of planning control is involved.

The nature of allegations is very diverse, so the procedure that will follow on may vary.

Investigations relating to building work will focus on the findings of a site inspection together with evidence from local people about when the works were carried out.

Cases where a change of use is alleged are usually more complex. The Council will need to collect evidence that the use complained of is occurring and that it is causing harm in a planning context. For example, noise disturbance or traffic generation. In these cases, complainants may be asked to keep a diary record of activities and they may be asked to attend a public hearing to give evidence.

If uncooperative parties hinder the Council in its investigations, the Council may serve a Planning Contravention Notice. This will require answers to specific questions to be provided within a set time period. Action can be taken in the Courts if a proper reply to the Notice is not received.

The identity of complainants is confidential. However in some cases it will be obvious who the complainant is, as there may be only one property that could have raised the issues involved. The only stage at which a complainant's identity will become known is when an enforcement notice becomes the subject of a public hearing and the complainant is required to give evidence.

Where a planning application is submitted relating to a development which has already been started without planning permission, the application will be considered against development plan policy and any other material planning considerations. The fact that development has been carried out in advance of planning permission is not a relevant factor in the decision making process.

If an enforcement investigation concludes that there is a breach of planning control, the Council will decide whether it is expedient to issue an enforcement notice. The Council will need to be satisfied that the breach is resulting in harm, which is significant in planning terms. Examples would be the impact of a building or use of land upon either the amenity of a neighbouring property or the appearance of a site, or its impact on the surrounding area.