West Sussex compliance and enforcement policy
Our work on compliance and enforcement is undertaken in
accordance with the following policy.
We will be proactive to control minerals and waste developments
and work to keep the number of breaches of planning control to a
minimum. In seeking to do this, we will:
- liaise with, and work with, mineral and waste companies
operating in West Sussex;
- work in partnership with the district and borough councils and
other agencies to provide advice on potential and developing
breaches of planning control; and
- provide planning advice to operators who have approached the
Environment Agency for environmental permits for waste
activities.
For authorised minerals or waste development, we will ensure that
the developer or operator complies with the planning conditions
attached to the planning permission. Accordingly, we will
monitor all permitted developments and
their methods of operation. If we identify any problems
(including technical breaches of planning control) we will seek to
resolve them through negotiation with the
developer/operator. If we are unable to resolve any
unacceptable impacts through negotiation, we will only take
appropriate enforcement action if this is in the public
interest.
We will seek to bring unauthorised
development within planning control and resolve any
unacceptable impacts. We will do this either:
- by granting retrospective planning permission (and attaching
appropriate controls);
- through negotiation; or
- by taking appropriate enforcement action, if this is necessary
and in the public interest.
Unless reported anonymously, we will investigate all possible breaches of planning
control whether from the members of the public, parish councils,
elected Members, the industry, or other regulatory bodies.
We will judge each case on its merits and take account of all the
facts, including the policies in the statutory ‘development plan’
and relevant guidance, before making a decision.
We will report back on the action that we propose to take. We will
justify any decision not to take enforcement
action and we will keep a written record that sets out why
action was not pursued.
We will not take enforcement action simply to remedy the absence of
a planning permission. The degree of any enforcement action
that we take, whether informal or formal, will be proportionate and
reflect the severity of the breach of planning control.