Investigation
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Introduction
Development that is not in compliance with the terms of a
planning permission or development that is unauthorised - it does not have planning
permission - is known as a ‘breach of planning
control’. Unless reported anonymously, we investigate all
possible breaches of planning control thoroughly and consistently
and take account of all the relevant facts.
Use the links above to find out more about how we investigate
potential breaches.
Reports about compliance with the conditions attached to
planning permissions for authorised development are presented to
the Planning Committee every six
months. The latest Planning Committee report went to the
Committee in December 2009.
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Reporting a problem
If you suspect that planning conditions have been breached or
unauthorised development is taking place or has happened, please
report the problem to us.
The report will be acknowledged within 3 working days, and
you will be advised of the officer dealing with the case.
We will provide you with regular updates on our
progress. Where progress is given in a telephone conversation,
a record of the conversation will be kept on file.
Confidentiality
We cannot investigate anonymous reports about potential breaches
of planning control. However, where personal details are
provided by members of the public and, for example, other
operators, they are treated as confidential.
Identities and other matters as part of an ‘enforcement
investigation’ are exempt from disclosure under the Freedom of
Information Act 2000 and release of such information is strictly
forbidden for reasons of personal safety.
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Initial
assessment of the problem and registration
On receiving a report about a potential breach of planning
control, an initial assessment is made about the potential
seriousness of the alleged breach of planning control
using 'assessment criteria'. This determines the
timescales that will normally be used to start an investigation.
If the breach is 'high priority' because there is a significant
risk of irreversible harm, the details of the breach will be
registered on our planning enforcement system and the case is
allocated to an officer within 1 working day of receipt.
In all other cases, details are registered and forwarded to an
officer within 2 working days of receipt.
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Timescales
Alleged breaches of planning control can be emotive issues, and
minerals and waste developments can be controversial by their very
nature. Our 'assessment criteria' provides an indication of
the time periods within which we will respond to reported
problems. The time periods depend upon the seriousness of the
alleged breach.
It is important to recognise, however, the need for some
flexibility in the timescales needed to carry out a thorough and
comprehensive investigation.
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Investigation tools
The following range of ‘tools’ are available to us when
investigating potential breaches of planning control. To
identify where the tools fit within the planning enforcement
process, view our flowchart under Supporting documents.
- Statutory power to enter land: An authorised
officer of the County Council has the right to enter land when
investigating alleged breaches of planning control. Any person
who prevents an authorised officer gaining access to land to obtain
information required for enforcement purposes may be liable to
prosecution.
- Planning Contravention Notice
(PCN): Where we have good reason to believe a breach
may have occurred, we can issue a PCN to gather information about
either the unauthorised development and/or land
ownership. Subsequent discussions may lead to the submission
of a retrospective planning application so that the matter can be
formally considered by the County Council.
- Requisition Notice: This Notice requires
the person on whom it is served to provide us with details about
land use/ownership, and may be the precursor to the issue of a
formal notice. It also warns the recipient that enforcement
action is being considered, and is often enough to satisfactorily
resolve the breach of control.
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Site investigations
A site visit will normally form part of the investigation,
although in some instances, it may be possible to resolve a
complaint by reference to the existing planning permission or by
discussion with the operator/developer. Where appropriate,
liaison will be undertaken with other regulatory bodies.
Where a site visit is undertaken as part of the investigation, a
note is taken of the visit and placed on file. The note is a
full and accurate record and drafted in the light that it could
form the basis of a legal document. Similarly, a note of any
discussions with the operator/developer and/or an assessment of the
planning permission are placed on file. Photographs will also
be taken and stored. Where possible, a note of any other
activities taking place on site will also be made.
When investigating reported problems on a site, we must ensure
that staff are not placed in a potentially dangerous situation, in
accordance with our health and safety procedures.
If access to a site is refused, the landowner or occupier will
be advised of our powers to enter the land to obtain information
and we may serve a ‘Notice of Intention to Inspect’ or, as a last
resort, obtain a warrant from the Magistrates. Any person who
wilfully obstructs an officer exercising these powers is liable to
prosecution.
If a site is in a dangerous condition, the matter may be
referred to the Health
and Safety Executive so that they can take appropriate
action.
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Communication and
conclusions
The local elected Member (County Councillor) will be informed
about the potential breach once it has passed the initial
assessment stage or earlier if it raises significant grounds for
concern.
We will advise both the ‘complainant’ and the operator/developer
of our initial conclusions within 14 working days.
We will advise the ‘complainant’ and the operator/developer at
any key stages of the progress of the investigation and, when the
investigation has been completed, of the final outcome.
The formal outcome of the investigation will be recorded on our
enforcement system.
Where a breach of planning control is established, we will
determine what, if any, enforcement
action should be taken.
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Relevant authorities and regulatory bodies
There may be overlaps between the enforcement regimes of
different authorities (such as the Environment
Agency, the district and borough councils, or the highway
authority). For example, the same action by an operator may be a
breach of both planning conditions and the conditions attached to a
waste management licence.
It is essential that there is effective liaison between the
various regulatory bodies and, on occasions, joint action may be
pursued with those other parties. Any action taken by the County
Council, however, must be based upon planning considerations and it
must not be a substitute for action by other agencies under their
own legislation.
If we identify during the initial assessment of a problem, that
there may be a potential breach of control that is the
responsibility of another regulatory body, we will forward the
details of the case to them within 5 days and advise the
‘complainant’ accordingly.
Supporting documents
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