Planning enforcement covers a wide range of activities including
the investigation of complaints regarding unauthorised building
works and uses of land or buildings, the monitoring of development
on site, works to trees, works to Listed Buildings, advertisements,
untidy land and, in association with planning officers, resolving
issues concerning high hedges.
When a breach of control is identified following the
monitoring of development or the receipt of a complaint the first
course of action is to see whether those responsible will work
voluntarily with the Council to resolve the breach. This can
involve ceasing or moderating a use, altering or demolishing a
building in whole or part or submitting a planning application. If
the situation cannot be resolved amicably the Council has to decide
whether it is appropriate to take further action.
These topics, together with the role the community plays in
the planning enforcement process, are discussed in more detail
below.
Investigating Complaints
The Council receives a huge number of complaints on a wide range
of matters every year. In order to respond to these complaints
efficiently it is crucial that sufficient information is available.
For this reason the Council has
produced a downloadable enforcement complaint
enquiry form (20Kb
pdf
) . This will
identify the person or group complaining, what land or property is
involved, the nature of the works or use causing concern, contact
details of the occupier or owner of the land if known and the
impact of the use. Obviously the information on a form is
confidential and the details of the complainant remain confidential
through any enforcement investigation.
If a complaint is made with insufficient information the
complainant will be contacted and asked to supply more information.
If this is not provided the complaint cannot be properly
investigated and no further action will be taken.
The Investigation
A Planning Enforcement Officers will visit the site to
ascertain whether a breach of planning control has occurred and, if
so, they will contact the owner or occupier of the land to see if
the breach can be overcome voluntarily. If it cannot, a decision
will have to be taken as to whether to take formal action or
not.
At all stages of the investigation the complainant and the
occupier/owner of the land will be informed as to progress. At
times an investigation will be dependent on the complainant
providing further evidence as to the continuation of an
unauthorised activity and the Planning Enforcement Officer will
send them a specific site monitoring form to assist in this
process.
Possible Action
The Council has a wide range of powers available to it ranging
from do nothing to taking direct action to remove unauthorised
development from land. Many investigations reveal that whilst a
development or use technically requires consent it is not
appropriate to take action even if a retrospective planning
application is not submitted. This approach fully accords with
government advice that makes it clear enforcement powers are
discretionary and should only be used where the circumstances
justify it. If following an investigation it is found that a
development or use is unacceptable the Council can serve an
Enforcement Notice that requires the use to cease or the
development to be removed in whole or part. A right of appeal
exists against such action and the whole process can be quite
protracted easily taking over a year to eighteen months. Other more
onerous and quicker acting planning powers such as a stop notice or
injunction proceedings are also available but these are only
considered in the most exceptional circumstances.
How to Complain About a Use of Land or Development Taking
Place
If any resident is concerned as to a use of land or building
work taking place on a site near where they live or work they
should let the Council know. This is best achieved by filling
out the downloadable
enforcement complaint
enquiry form (20Kb
pdf
) which can also be
obtained in person from Customer Services at the Public
Service Plaza or by phone on 023 9244 6015. Once completed the
form should be either left with Customer Services or posted
to;
Planning Development
Havant Borough Council
Public Service Plaza
Havant
PO9 2AX
If a concern is urgent Customer Services Reception can be
contacted on 023 9244 6015 and they will ascertain the relevant
information and pass it on.
The Monitoring of Development
The Council is responsible for making sure that development in
the Borough is carried out in a manner that accords with the
requirements of the Planning Acts. This involves checking that it
complies with the relevant planning consent, checking whether
development without any planning consent requires planning
permission and monitoring development on site.
Checking that Development Approved Complies with the Relevant
Consent
All Building Regulation Applications and Building Regulation
Commencement Notices are referred to the Planning Enforcement Team
for a decision as to whether any monitoring is required beyond that
carried out by the Building Control Officers.
Building
Control monitor all development to a degree and send the
developer a note with all acknowledgement letters making it clear
the onus is on the developer to check on the planning situation and
not the other way round.
How to Complain About Development Taking Place
If any resident is concerned as to development taking place on
a site near where they live or work the most important thing is to
let the Council know. This is best achieved by filling out the
downloadable
enforcement
complaint enquiry form (20Kb pdf) which can also be obtained in
person from Customer Services at the Public Service
Plaza or by phone on 023 9244 6015 Once completed the form
should be either left with Customer Services or posted to;
Planning Development
Havant Borough Council
Public Service Plaza
Hampshire
PO9 2AX
If a concern is urgent Customer Services Reception can be
contacted on 023 9244 6015 and they will ascertain the relevant
information and pass it on to the Planning Service.
Works to Trees
Works to trees within a
Conservation Area or subject to a group or
individual
Tree Preservation Order are controlled by the
Council and it is an offence to carry out works without the
Council's consent.
Pre Application Advice
More complicated questions such as 'will I get permission to
lop top or fell a protected tree?' have to be posed in writing as
it is normally impossible to reply without research and a site
visit. This is best achieved by filling out the
downloadable
tree request form (20Kb pdf)
which can also be obtained in person from Customer Services at
the Public Service Plaza or by phone on 023 9244 6015. Once
completed the form can be left at Customer Services or posted
to
Planning Development
Havant Borough Council
Public Service Plaza
Hampshire
PO9 2AX
If a concern is urgent Customer Services Reception can be
contacted on 023 9244 6015 and they will ascertain the relevant
information and pass it on to the Tree Officer.
Tree Applications
Applications to carry out works to protected trees are handled
very much like a planning application. The
relevant forms
are available from this web site, Customer Services and
planning.development@havant.gov.uk.
Once complete they contain all the information necessary to deal
with an application. Neighbours views will be ascertained and the
Tree Officer will visit the site before making a recommendation as
to the relevant decision to a Senior Officer or the
Development
Management Committee. They will contact an applicant to
discuss revisions whenever possible if these would allow objections
to be overcome.
Tree Complaints
If it is suspected that unauthorised works are taking place to
a protected tree or are likely to take place Customer Services
should be contacted on 023 9244 6015 or an e-mail sent to
planning.development@havant.gov.uk.
Your name will be treated as confidential throughout the
investigation into any such allegation. A
downloadable
enforcement
complaint enquiry form (pdf 20Kb) is available to ensure
that the appropriate information is provided.
High Hedges
If you are living in the shadow of your neighbour's evergreen
or semi-evergreen hedge and you consider that it is harming the
enjoyment of your house or garden you can complain to the Council.
However before the Council can deal with your complaint you must
make significant efforts to try to resolve the problem
yourself.
Complaining to the Council is a last resort and requires a fee
of £270.00 to accompany any complaint
Making a Complaint
Once a complaint is made
on the relevant forms, the
associated fee has been paid and it is clear that all necessary
steps have been taken to try to solve the problem amicably, the
Council will investigate.
Forms are available on this web site via the
Development
Control Forms page, in person from Customer Services at
the Public Service Plaza or by phone on 023 9244 6015.
Once completed they can be posted to.
Planning Development
Havant Borough Council
Public Service Plaza
Hampshire
PO9 2AX
The investigation will be carried out by the Tree Officer and
a Planning Officer and the Council will decide whether
the offending hedge is having an unacceptable impact and what
action, if any, should be taken to reduce its impact. The Council
will ask for the views of both parties and visit the affected
properties before making a decision. Both parties will then be able
to appeal to the
Planning
Inspectorate if they disagree with the verdict.
Please note that making a complaint to the Council is very
much a last resort and the person making the complaint must show
that attempts to resolve the problem amicably have failed. Try
talking or writing to the person responsible for the hedge, or
using a mediation service we will be able to provide details of how
to contact a mediation service shortly.
A general introduction to high hedges and a series of
frequently asked questions can be accessed via
the
Communities
and Local Government website and copies of available
government documents on high hedges and the introduction and
frequently asked questions can be obtained from Customer
Services.