Investigations
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.
This webpage was updated on
1/9/2008