Planning Enforcement
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A Guide to Planning Enforcement |
Latest - Marston Moor Airfield, Rudgate, Tockwith.
Update - 20 October 2011
Appeals against all the enforcement notices have been lodged. These will be heard at a Public Inquiry commencing at 10am on Tuesday 17 January 2012 in the Council Offices, Crescent Gardens, Harrogate HG1 2SG. For further information please contact in the first instance the Planning Appeals section of the Council - planningappeals@harrogate.gov.uk or by telephone on (01423) 556666.
Update - 20 April 2011
Following the issue and return of the Planning Contravention Notice the council has now issued six enforcement notices alleging a number of breaches of planning control. The notices are viewable below:
Barriers, Go Carts, Scrap Cars, Tyres, Ginetta Cars, Buses.
Update - 14 October 2010
Supplementary information has been received to support the information contained in the Planning Contravention Notice.
Background
A
Planning Contravention Notice including site plan [448kb] has been served in response to complaints received by the Council alleging that uses presently taking place at Tockwith (Marston Moor) Airfield are breaches of planning control.
The objective of the notice is to obtain information such as usage of the site, date usage commenced, date development commenced/completed and details of anyone who has a legal interest. The information will be assessed to establish whether an enforcement notice or stop notice should be served. Residents are welcome to comment if they have knowledge/information about any of the uses identified in the notice, particularly as to how long these uses have taken place ie what evidence do you have?
Tockwith Motor Sports have requested, and have been allowed, a further 14 days to complete and return the notice.
Comments can be made by email to:
barry.gill@harrogate.gov.ukor by writing to: Mr B Gill, Chief Planning Enforcement Officer, Department of Development Services, Knapping Mount, West Grove Road, Harrogate HG1 2AE.
Striking the Right Balance
The Planning System respects the freedom of people to use or alter their property as they wish so long as there is no harm to the living conditions of neighbours, the character or appearance of the area, historic buildings, the countryside and protected landscapes, trees and hedges.
Sometimes planning rules are broken and residents or businesses have a right to expect that harmful activities are dealt with effectively.
What uses or operations are covered by Planning Enforcement?
- The erection, extension, alteration or demolition of buildings
- Changes of use of land or buildings
- Advertising signs
- Works to trees protected by Tree Preservation Orders
- Works to trees in Conservation Areas
- Hedges in the countryside
- Works on listed buildings
- Breaches of Conditions on a Planning permission
What we do not investigate
Planning rules are complex: some minor development does not need permission from the Planning Authority - it is referred to as "permitted development" or "not development" because it is excluded by legislation, or is so minor as to be of no concern. Such minor development is outside the scope of control.
Related Guidance
See
Development Control for general guidance on what does and does not require planning permission
Planning Enforcement Register
The links below make up the register of notices where enforcement action has been taken. The notices themselves are available by emailing
enforcement@harrogate.gov.uk.
What action can the Council take?
When the Council is satisfied that there has been a breach of Planning Control, it has the following options:
- Take no action.
- Ask for an application to be submitted retrospectively.
- Try to negotiate a solution.
- Issue an Enforcement Notice directing what must be done and by when
When can you expect the Council to take Planning Enforcement action?
Even when it is technically possible to take enforcement action, in law the Council is required to decide whether it is expedient. This means that formal enforcement action is discretionary and all the relevant planning circumstances must first be considered. Formal action will not be taken just because development has started without permission, or solely to regularise acceptable development or against trivial breaches of Planning Control which cause no harm to amenity. The decisive question for the Council will be whether the breach of control unacceptably affects the quality of life or the public interest.
How does the Council deal with complaints about breaches of Planning Control?
Urgent telephone reports about works to listed buildings and protected trees or hedges will be actioned. All other complaints must be made in writing or by using the online form below. Although the substance of anonymous complaints will be checked if they appear sufficiently serious, in general such complaints will not be pursued.
All complaints are kept confidential - your name will not be disclosed.
Every complaint is acknowledged in writing within 3 days and you will be given the name and telephone number of the Enforcement Officer.
The Enforcement Officer will establish the facts and visit the site.
We aim to write to the complainant again within 28 days of receipt of the complaint explaining what action we propose take, or why we think no action is necessary.
If we decide to serve an Enforcement Notice we will tell the complainant within 14 days of it being authorised.
How can you help?
At all stages of enforcement we will depend on local knowledge to supplement our records and site reports. When you first approach the Council it is helpful to supply as much information as possible including a description of the previous situation and photographs if available including:
- The exact address and location of the building or site.
- When the activities started and whether they are continuing.
- The registration number of any vehicles involved.
- The type and approximate dimensions of any new building works.
- The names/addresses/telephone numbers of any owners, occupiers or builders involved.
- Details of any problems caused eg noise, traffic, smells etc
- The frequency and times of any unauthorised use.
How long will it take?
If our investigation shows that there is a breach of control then resolution of the issue is a lengthy process. Time must be allowed for the breach to be put right voluntarily before we can serve an Enforcement Notice. Once an Enforcement Notice has been served that is often not the end of the matter.
There is a right of appeal to the Secretary of State which has the effect of suspending action until the appeal has been decided. However, if someone fails to comply with an Enforcement Notice which has come into effect it is a criminal offence for which they can be prosecuted or which the Council may remedy using powers to take direct action and recover its costs.
At all stages in the enforcement process, information from the general public can be of considerable help to the Council and local support if often crucial at appeal or in Court.Despite how long the process might take, the Council will pursue vigorously such action when it is warranted.
Complainants and Ward Councillors will be kept informed on a regular basis and told the outcome.
Report Online
All complaints are treated as confidential. Your details will not be disclosed.
Before you contact us, have you:
Please use this form to submit your complaint.
Enforcement Appeals
More Information