|
A Guide to Planning Enforcement |
Latest - Marston Moor Airfield, Rudgate, Tockwith.
Update - 18 June 2010
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.uk
or 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
This is a
register of notices where
enforcement action has been taken. The notices themselves can
be accessed for cases within the last five years.
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.
Annual Reports
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 complete the form below, have
you:
* required information
Enforcement Appeals
The Planning
Inspectorate website provides: