Planning Action
The Planning Compliance Officer has to consider a number of
questions before being in a position to recommend a particular
course of action, including:
Does whatever appears to be happening at the property
require consent under planning legislation?
Many minor building works, including alterations to a building,
small extension to dwellings, outbuildings up to certain limits,
some "changes of use" and many advertisement signs do not require
consent from the Council. If this proves to be the case, no action
can be taken.
Please see the Do I Need Planning Permission webpage.
Has permission already been given?
Most planning permissions can be taken up at any time within
five years of being granted. Once partially implemented, there is
no time limit on its final completion. So if you see works taking
place, but cannot recall a recent planning application, the
activities are not necessarily unauthorised.
On receipt of a written complaint, the enforcement officer will
check that the development is being carried out in accordance with
the approved plans and conditions. By viewing Do I Need Planning Permission you
may be able to find out if planning permission has been granted and
may be able to view the application and plans if it is a relatively
recent decision.
Is the matter serious enough to warrant
action?
In considering whether enforcement action is appropriate the
decisive issue for us should be whether the breach of planning
control would unacceptably affect public amenity or the existing
use of land and buildings meriting protection in the public
interest.
This is the advice of Government contained within Planning Policy
Guidance Note 18. Enforcement action will not normally be
initiated where a trivial or technical breach of planning control
has occurred which causes no harm, or potential harm, to public
amenity in the locality of the site, and where it is not in the
public interest to do so. We will not take action to solely
regularise an acceptable development or to obtain a fee.
Where permission has not been granted, are the
activities nevertheless broadly acceptable in planning
terms?
To start building works or make a change of use without
planning permission is not in itself an offence. We must consider
an unauthorised development in exactly the same way as a planning
application and can ask for a planning application to be submitted
to try and regularise the situation. This is the most common
approach if the activity or building is one which meets local
planning policies and does not create significant local
problems.
Conditions can be imposed on any permission granted in order to
control certain aspects of the building work or use, for example,
the materials to be used or operating hours. In determining whether
or not a development may be acceptable Council Officers will take
into account Central Government Guidance and policies contained
within the Development Plan for the area. For further details see
the Government Planning
Guidance and Ashford Borough Local Plan.
Where the activities or development are undesirable but
controllable by the District Council's planning enforcement power,
what is the most appropriate action to take?
We have a wide range of options from which to choose and
which one[s] will be used will depend on the nature of the case.
Our priorities are to protect amenity, safeguard the built and
rural environment and uphold local planning policy in the speediest
and most effective way. The Government advises planning
authorities only to resort to enforcement action where it is
plainly necessary and there is obviously harm or nuisance.
This webpage was updated on
6/12/2009