Planning - enforcement
Enforcement is known as compliance in East Hampshire and deals with breaches of planning control.
This involves anything related to the unauthorised use of land and buildings, or breaking the conditions of a planning permission.
What we do
The Compliance Team investigates all complaints about breaches of planning control but it does not handle matters covered by other legislation or get involved with neighbour disputes. Anonymous complaints are not investigated, but the identity of a complainant or informant is always treated as confidential. All complaints are investigated within 10 days, although serious and urgent cases will be investigated within 3 days.
Enforcement action is not mandatory and a breach of planning control is not a criminal offence. Every effort is made to resolve matters with the co-operation of the developer or landowner but enforcement action can be a lengthy process, particularly when dealing with an uncooperative owner or developer and where the council has to resort to serving regulatory notices. In many such cases there is the right of appeal which can add up to 12 months to the time taken to resolve matters.
Enforcement Concordat
We have signed up to the national Enforcement Concordat which required us to revise our internal procedures to ensure that when action is necessary, it is taken using the most expedient means. This could result in breaches of planning control being remedied through action under other legislation if a successful outcome is likely to be quicker.
The government's Department for Business Enterprise and Regulatory Reform website has a full copy of the Enforcement Concordat
You can download a copy of the government's Planning Policy Guidance PPG18 - Enforcing Planning Control from the Planning Portal website.
Charges
The Compliance Team is able to offer the following services but please note that fees must be paid in full, in advance:
1. Compliance checks to advise whether enforcement notices have been complied with
2. Compliance checks to advise whether planning conditions have been complied with and the development has been carried out in accordance with the plans
This service is mainly offered to assist with any difficulties during the exchange of property and the information should be provided within 3 working days of the fee being paid, although occasionally this will not be possible.
3. Written confirmation that single household permissions have been carried out in accordance with plans and conditions
- A review of planning file and site inspection with formal letter - £50
This service is available only if requested within 8 weeks of completion, otherwise the fee, as set out in 1 will be payable.
This service is offered to householders to provide formal confirmation that their development is in accordance with plans and conditions, to provide peace of mind and to avoid any difficulties when the property comes to be sold. This service is offered at a reduced price to minimise take-up of the three day service and the information should be provided within 10 working days.
4. Formal determination that enforcement action will not be pursued - normal planning fee + 15%
- Building works and operational development - £135 + 15%
- Change of use - £265 + 15%
- Others - relevant planning application fee plus15%
Where development has taken place without permission, a retrospective application should be submitted. When development has taken place and has become immune from enforcement action due to the length of time it has been on the site, a lawful development certificate should be applied for.
In some cases when a planning breach has been fully investigated, a decision may be taken not to pursue action because the development is acceptable or has become immune from action.
A formal determination can be provided if appropriate information and evidence is available but this determination does not make the development lawful.
For further advice please contact us via email at planningdev@easthants.gov.uk
If you wish to report a breach of planning control please complete the feedback form (opens in a new window)
Enforcement Register
The Register of Enforcement Notices and Breach of Condition Notices issued since 20 March 2002 is attached below as an Excel spreedsheet.
To search the register, once you have opened the document, click 'edit' and 'find' on your toolbar. You can then search for a Notice by any keyword such as council reference, address or any part of the address, or issue date. To view a Notice, click on the reference number, which is in the first column.
Enforcement+Register+from+20.3.02.xls
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