Planning Enforcement Procedures
Initial Investigation of Complaints
Many breaches of Planning Control are revealed by complaints, usually by local residents, elected Members, competitive traders, societies or Town and Parish Councils and other Departments of this Authority.
On receipt of a complaint, the Enforcement Officers will raise a Complaint Form on the computerised system and research as much detail and history as possible before carrying out a site visit.
Should you wish to formally raise a complaint or enquiry concerning unauthorised development or activities, please contact the Enforcement Section using the contact details on the "Planning Enforcement" page, or by contacting the Customer Service Officers at the Environment Reception, Council Offices. Knowle, Sidmouth. Phone 01395 516551 (8.30am to 5pm Monday to Friday) or e-mail planning@eastdevon.gov.uk
Draft Planning Enforcement Policy
Procedure.
Where a breach of planning control has occurred, action will be taken depending upon the nature and seriousness of it. The majority of the work of the Planning Enforcement Team is generated via complaints and it is considered important to deal with complaints in a set manner to ensure fairness and consistency of approach. Complaints will therefore:
a) be accepted in writing, by telephone or e-mail, providing you provide your name, address and contact details, which will be held in confidence;
b) be acknowledged within 3 working days of receipt of a written complaint;
c) be treated in confidence. However, complainants should need to be aware that, should formal action be taken, it may require a commitment from them and, as such, they may be requested to give evidence in order to secure a successful outcome. In such circumstances, anonymity will not be possible.
d) be prioritised.
Complaints will be prioritised as follows:
Priority 1
Activities or development, which could lead to immediate or irreparable, harm (i.e. demolition of Listed Buildings, felling of trees protected by a Tree Preservation Order etc)
Priority 2
Activities or development, causing serious harm to the amenities of a neighbourhood.
Priority 3
Development in a designated area (For example, an Area of Outstanding Natural Beauty, a Conservation Area, or within the Heritage Coast area) where it would have a significant impact on the designation.
Priority 4
Other complaints. (Anonymous complaints will not be investigated except via the Parish/Town Council or Ward Member.)
Once complaints have been received, investigations will begin which will include the initial checking of the planning history by the Enforcement Officers. In most cases, a site visit will be made by the officers concerned. The response times for visiting the sites will, when necessary, vary according to the type of breach and how the particular breach has been prioritised.
After the initial investigations have been undertaken, and a breach of planning control is confirmed, the investigating Enforcement Officer will, where appropriate advice has been sought, do the following:-
1) Advise the owner/occupier responsible for the alleged breach of the intended action,option to resolve the situation, or seek further information to determine whether a breach has occurred.
2) Advise complainant of findings and proposed action (if any), or that further information or monitoring is required.
3) Where appropriate, ask the complainant to keep a diary of events for use as evidence if the matter proceeds to formal Enforcement Action.
4) If an application for planning permission were requested, a time period of 28 days will normally be given for an application to be submitted. If it is not received within the designated period, a reminder will be sent giving a date for an application to be received. Failure to adhere to this would lead to further consideration and most probably Enforcement Action.
