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. 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 encourages partnership working between enforcers and businesses, and sets out the Principles of Good Enforcement:
- Standards: setting clear standards
- Openness: clear and open provision of information
- Helpfulness: helping business by advising on and assisting with compliance
- Complaints: having a clear complaints procedure
- Proportionality: ensuring that enforcement action is proportionate to the risks involved
- Consistency: ensuring consistent enforcement practice
It also asks us to look at the fastest way to get results - this could mean we look at resolving breaches of planning control through other legislation if a successful outcome is likely to be quicker.
Charges
Fees must be paid in full in advance:
1. Checks to advise whether enforcement notices have been complied with
- For research without a site visit and provision of formal letter - £100
- If a site visit is required an ADDITIONAL fee of £200 is payable
2. Checks to advise whether planning conditions have been complied with and the development has been carried out in accordance with the plans
- For research without a site visit and provision of formal letter - £100 for the first condition plus £20 for each subsequent condition
- If a site visit is required an ADDITIONAL fee of £200 is payable
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 meets 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 - £150 + 15%
- Change of use - £335 + 15%
- Others - relevant planning application fee + 15%
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
Related documents
Department for Business Enterprise and Regulatory Reform
Planning Portal