What happens next?
Upon receiving a complaint the Authority will:
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Investigate the details of the complaint
- Establish whether a breach of planning control or listed building control has taken place.
- Try to negotiate a solution with the “offender” if the development/use can be stopped or if there is a possibility that planning permission might be granted.
- Where there is insufficient evidence or no breach is found, advise the complainant that no action is proposed.
- Where a breach has occurred, we will gather evidence as necessary to be satisfied that formal action is justified.
- Consider the expediency of taking formal enforcement action having regard to the development plan and all other material considerations.
- If the Authority do not consider that formal enforcement action is expedient then the complainant will be notified in writing of the reason/s why the Authority is not taking any further action.
Why can enforcement action take so long?
Many of the reasons have been explained above but it is often frustrating to complainants that despite contacting the Authority, the activity which is causing concern still persists. Some of the factors which can result in apparently slow progress include:
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the gathering of satisfactory robust evidence;
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continuing negotiation to try to resolve the matter with the offender without pursing formal action;
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consideration of an application seeking to remedy the matter; and
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awaiting determination of an appeal against formal Notices.
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