Unauthorised development
In most cases brought to our attention, the operator or
landowner has applied for, and received, the necessary planning
consent from the County Council before carrying out the
development. Unauthorised developments - those that do not
have the necessary planning permission - can take place.
Examples of unauthorised development are:
- the tipping of waste, soils, or rubble on land
- the extraction of minerals
- the storage and sorting of waste.
When we are made aware of potentially unauthorised development
(unless reported anonymously), an officer will investigate to establish what has occurred and
the most appropriate course of action to take.
Although it is not a criminal offence to carry out development
without first obtaining planning permission, it is a contravention
of the planning laws. We have powers to enforce those laws
although the decision to take enforcement
action is discretionary and must be well-founded. We have
to decide on the evidence presented, following a complete
investigation, whether it is expedient and in the public interest
to take action.
Most of the complaints received concerning unauthorised
development are resolved informally through negotiation without the
need to resort to formal enforcement
action. For example, the applicant submits a retrospective
planning application that is subsequently permitted and which
‘regularises’ the development. If negotiation fails to resolve
the problem, there are a number of enforcement tools available to us to control or
stop the development.
If you suspect unauthorised development is taking place or has
taken place, please report the problem
to us.