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Complaint investigation

Most breaches of the planning rules are brought to our attention by neighbours or as the planning compliance team monitors development under way. There is a procedure established for investigating such complaints.

The Planning Compliance Strategy provides the Council's approach to Planning Enforcement.

What happens when a complaint is made?

Allegations that development has been carried out without planning permission will be recorded individually. Our planning compliance team will acknowledge any complaint made in writing within ten working days of receiving the complaint and the complainant will be given the name of the enforcement officer dealing with the matter. Investigation will begin as soon as possible although priority will be given to those alleged breaches, such as unauthorised building works, which need to be dealt with quickly before work becomes too advanced.  If the investigation shows that no breach of planning control has taken place the complainant will be informed of this within one week of the investigation file being closed.

Where it is not possible to find out whether a breach of planning control has taken place, we may issue a "planning contravention" notice requiring information on precisely what is taking place and an explanation as to why no planning permission has been sought. The complainant will be kept informed of any response we receive to the notice. 

If a breach has occurred

Where it is clear that a breach of planning control has taken place, the planning compliance team may request a planning application be submitted. This has the advantage of allowing us to get full details of the work that has taken place and consult neighbours before making a decision. This practice is in line with government advice. It may also be possible to make amendments or impose conditions which overcome the concerns of neighbours. Once an application has been submitted it will be treated on merit like any other application.

If an application is not submitted, the planning compliance team will decide whether or not an enforcement notice should be served. If, for instance, the unauthorised development is considered not to cause any harm, then enforcement action is not appropriate. The decision not to take further action will be reported to the Chair of the Planning and Environmental Protection Committee. If the decision is taken to proceed with enforcement action, the complainant will be informed. The name and address of any complainant will be kept confidential within the Council, although if you make representations on any subsequent planning application or appeal these will be available for the public to read.