We have an obligation to investigate alleged breaches of planning control.

The Investigation Process

In order to investigate alleged breaches of planning control it will usually be necessary for Planning Compliance Officers to enter onto land and or into property. Most visits are made without prior appointments in the first instance. If you are not in, a card may be left asking you to contact the Officer to arrange an appointment.

Officers should carry proof of identity with them and will always be prepared to wait while you telephone the Council's Offices to check on their authenticity.

It is always preferred that a mutually convenient date and time can be agreed for any subsequent site inspection but if this cannot be achieved then it may regrettably be necessary for a member of the Planning Enforcement Team to enter the land or property in accordance with a Warrant issued by the Magistrates Court.

It is an offence not to allow an Officer, properly authorised, entry to land or property and there are additional powers for entry to be gained under authority of a Magistrates warrant should this become necessary.

You will be advised why an investigation is being made. In order that there is a record of the situation, it is usual for photographs to be taken of any relevant feature of the property. A copy of these photographs can be available for property owners to inspect.

Planning enforcement records and details of persons who have brought details of breaches of planning control to the notice of the Council are not available for inspection. The identity of complainants is confidential.

You will be informed as soon as possible if a breach of planning control has occurred and what steps you can take to deal with the situation.

Local Planning Authorities do not always have to take action even if there is a breach of planning control. There are a number of issues that will be considered before taking a view that enforcement action, and its due processes, has to be applied to any individual case.

You may wish to seek the professional advice of a Solicitor, Planning Consultant or related professional. You can also consult with your local Councillor or make an appointment to see an Officer of the Council . Even if you appoint an agent to deal with the matter we may send you copies of correspondence to keep you fully informed.

Where a breach of planning control is found, you will be given a reasonable period of time to remedy the situation. You may wish to seek planning permission retrospectively. However, in urgent cases we will not wait until an application is submitted before considering enforcement action.

While it is preferred that any breach of planning control is resolved without formal action, if a breach of planning control remains it may become necessary for  us to issue enforcement proceedings by way of any one of a variety of Enforcement Notices or in some cases by immediate prosecution.

Failure to comply with an Enforcement Notice may also result in a prosecution at the Magistrate's Court or in Civil proceedings which may result in an injunction being issued.

In certain cases if you do not comply with the requirements of an Enforcement Notice we may use our own contractors to carry out any work necessary. If this is necessary the total cost of this work will be borne by the landowner.

Further Information and Advice

If you require further guidance on any matter relating to the enforcement of planning control in Ashford, please email the Enforcement Team or telephone 01233 330256.