8.0 What can you expect if you report an alleged breach of planning control?
8.1 We will:
- Investigate alleged breaches of planning control reported to the Council.
- Keep your personal details confidential at all times, unless required to disclose them.
- Register your complaint within 3 working days, providing you with an acknowledgement and reference number with a named officer as the point of contact.
- Check the site planning history.
- Visit the site within the requisite time period (see priorities below) - planning enforcement officers have powers to enter land at any reasonable hour to investigate alleged breaches of planning control. Should access be required to a dwelling house 24 hours' notice must be given, in accordance with Section 196A of the Town and Country Planning Act 1990.
- Take photographs when on site and measurements if necessary.
- Establish whether a breach of planning control has taken place.
- Find out the details of the landowner.
- Establish the identity of the person(s) responsible for carrying out the breach (if not the landowner).
- On occasions, the Council may issue a Planning Contravention Notice (PCN). This is a formal request for information.
- We will provide you with an update as to the progress on, or outcome of, any investigations every 6 weeks and on the conclusion of the case.
- Actively pursue your complaint to a conclusion.
- Investigations into alleged breaches of planning control may take some time as cases can be complex and raise a variety of issues that need careful consideration.
- In cases where we decide there has not been a breach of planning control, we will close the case and notify you.
- In cases where there may be a technical breach of planning control, but the harm caused is insufficient to warrant formal action (non-expedient) we will inform you of the reason(s) for not taking formal action and close the case.
- Negotiate with those responsible for any breach of planning control, allowing them the opportunity to resolve the matters of concern rather than issuing a formal Notice in the first instance, unless the breach is so serious it warrants immediate action or where negotiations become protracted with no real likelihood of success.
8.2 When a breach of planning control is found to have occurred and it is causing significant 'harm' the case will be pursued until such a time that the matter is resolved, or the breach is regularised or found to be lawful or the decision is taken that it is not expedient to pursue any further for sound planning reasons.
8.3 In the event that a formal notice is served and not complied with, the Council will consider pursuing the case through the Magistrates' Court or Crown Court where necessary and appropriate. Exceptionally the Council may decide to carry out works required in an Enforcement or other Notice which is not being complied with and will seek to recover the costs of doing so.
8.4 We will not re-open a case that has been closed unless there is a significant new piece of information or change on site.