Harrogate Borough Council

 
 

Service Provided by

Planning Services
e-mail

Phone: 01423 556666
Fax: 01423 556510
Textphone: 01423
556543
Knapping Mount
West Grove Road
Harrogate
HG1 2AE

Planning Enquiries Opening Hours:
8.30am to 4.30pm
Monday to Friday

  

Contact Us

Feedback form for complaints and queries, or email Customer Services

01423 500 600
(Switchboard - General Enquires and Information)

0845 300 6091
(Customer Services)

01423 556543
(Textphone)

Office Hours:
8.30 - 5.00pm
(4.30pm on Friday)

Emergency Out of Hours
08457 089 190

Council Offices,
Crescent Gardens,
Harrogate,
HG1 2SG

Fax: 01423 556100  

Where are we

Map: Harrogate's location in the UK

To get to Harrogate from:
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South-West
North-West

Public Transport

Planning Enforcement

Icon: Planning Enforcement A guide to Planning Enforcement

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

Neighbour disputes see Arch Mediation
Land boundaries or ownership disputes see Land Registry Public Guide 6 Boundary Questions and Arch Mediation
Works to party walls see the Party Wall etc Act 1996
Smells, noise and pollution see Pollution
Fly-tipping see Flytipping
Use of/development on highways/pavements see  Obstructed Pavements
Dangerous Structures To report a dangerous building please telephone Building Control on: 01423 556555
Abandoned Vehicles see Abandoned Vehicles
 
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.
 

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.

Related Guidance

You can refer to the general guides published on the Department for Communities and Local Government website.
 
Planning: A guide for Householders Planning Permission: A Guide for Business A Farmer's Guide to the Planning  System
A Householders Planning Guide for the Installation of Antennas, including Satellite dishes Outdoor advertisements & signs: a guide for advertisers Planning and access for disabled people: a good practice guide

Permission needed?  Guidance from the Planning Portal.

See also Public Rights of Way - Enforcement

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

 Enforcement Annual Report 2003 (140Kb)


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:
 
Got the full address of the site in question;
 
Checked that permission has not been applied for or granted by using our Online Planning Application Information service.
 
 * required information
 
PLANNING ENFORCEMENT
*
Your details - these will remain CONFIDENTIAL
*
*
*
  
 

Enforcement Appeals

Link & Logo: The Planning Inspectorate

The Planning Inspectorate website provides:

Guidance on appeals Making your enforcement appeal
Appeal application forms Guide to taking part in enforcement appeals
Link & Logo: Planning Casework Service Planning Casework Service - via the Planning Portal. You can now submit and track your enforcement appeal electronically.

 

Harrogate Borough Council, Council Offices, Crescent Gardens, Harrogate, North Yorkshire, HG1 2SG, Tel: (01423) 500600