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Enforcement FAQs
Questions
- Q. How is my complaint progressing?
- Q. Will my complaint be dealt with confidentially?
- Q. What can the Council do?
- Q. What is the enforcement process?
- Q. What happens if I report something?
- Q. What happens if unauthorised activity is not reported?
- Q. What can the council do about untidy land?
- Q. What happens if an enforcement notice is served?
- Q. What happens when an enforcement notice is complied with?
- Q. How long will the process take?
- Q. What happens if an enforcement notice is not complied with?
- Q. When will I hear from the Council?
- Q. Can the Council require the removal of unauthorised works?
- Q. Are retrospective applications allowed?
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A. All complaints will be acknowledged in writing with information of how the complaint will be investigated and the name and contact telephone number of the investigating officer. After the site has been visited and the extent of the problem assessed, the complainant will be notified again and advised what action will be taken. The complainant will subsequently be informed of the outcome of that action and thereafter updated after any significant change until the investigation is closed. Complainants should resist the temptation to phone the case officer at regular intervals for an update as this hampers progress and takes up officer time unnecessarily.
Up to the questions
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A. The identity of complainants will remain confidential except where this is necessary in investigations that result in legal proceedings. If a planning application is submitted following a breach of planning control we notify immediate neighbours and would normally include the original complainant in the notification. Interested parties are also notified if there is an appeal against the council's decision on an application. However, these neighbour notifications have to be kept on the application file, which is available for public inspection.
Up to the questions
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A. The Enforcement Manager or Assistant Enforcement Manager will look at the complaint and will determine whether it is a planning control matter. If it is not, it will be forwarded to the appropriate authority and you will be advised accordingly. If it is a planning enforcement matter, it will be allocated to an investigating officer (an Enforcement Officer) and you will be advised of their name by way of an acknowledgement. They will visit the site within 10 days and report their findings to the Enforcement Manager or Assistant Manager to determine what action if any is required. Your details will be kept confidential and you will be advised of the council's decision.
Up to the questions
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A. As the authority cannot 'police' the district it relies on persons to report any concerns they have about uses and development taking place. Without the intervention of the Local Planning Authority (LPA) immunity from enforcement action can be acquired after a period of time has elapsed. This is referred to as the Four Year Rule and Ten Year Rule and is applicable as follows: Four years - development (i.e. building works) that is substantially complete; or the use of a building, or part of a building, as a dwelling house. Ten Years - change of use of land or breach of planning conditions
Up to the questions
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A. A Section 215 Notice can be served. This is the section of the Town and Country Planning Act 1990 that specifically sets out the procedures LPA's should take to require proper maintenance of land and buildings in their district.
Up to the questions
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A. It is important to know that an Enforcement Notice remains registered against the land/property and not the person upon whom it is served. When served, a notice does not become effective for 28 days. On the expiry of that period, the recipient has a period in which to comply with the requirements of the notice. The period will depend on the breach i.e. removal of a fence may be One month but cessation of a use of a building for residential purposes may be Nine months to a year. There is a right of appeal against an Enforcement Notice.
Up to the questions
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A. Even when complied with it remains on the Land Charges Register as part of the site's history.
Up to the questions
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A. Please refer to the Enforcement Strategy document, found under Related documents.
Up to the questions
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A. Those involved will be advised that the period for compliance has lapsed and they will be invited to state their intentions. If no agreement can be reached, they will be advised that non-compliance constitutes an offence for which, if proven guilty, a fine of up to £20,000 can be imposed. The council's solicitors will be instructed to commence prosecution proceedings. In some cases, the situation may warrant Direct Action being taken by the Local Planning Authority.
Up to the questions
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A. Please refer to the Enforcement Strategy document, found under Related documents.
Up to the questions
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A. Yes, the Council can require the removal of unauthorised works, even demolition of whole buildings if necessary.
Up to the questions
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A. Yes, the Planning Act allows persons to carry out development and then to apply for planning permission. This really reflects the complex nature of Planning and the possibility that not everyone engaged in development recognises the need to apply for permission in the first instance; or that development may, at some point, exceed that 'permitted' by the General Permitted Development Order (GPDO).
Up to the questions
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