Our planning enforcement and monitoring policy

Our planning enforcement and monitoring policy provides guidance for members of the public, developers and other interested parties in relation to the principles and standards that we will apply in pursuance of our planning enforcement and monitoring responsibilities relating to mineral and waste development and our own developments.

1. Guidance

North Yorkshire County Council’s (the ‘council’) planning enforcement and monitoring policy (the ‘policy’) provides guidance for members of the public, developers and other interested parties in relation to the principles and standards that the council will apply in pursuance of its planning enforcement and monitoring responsibilities relating to mineral and waste development and the council’s own developments. The policy will assist the council in considering the most appropriate action to take specific to enforcement and monitoring matters.

Each individual case will be considered on its own merits as to whether it is expedient to enforce having regard to the relevant development plan and material considerations including relevant government planning and enforcement guidance The policy provides general guidance on the factors that the council will take into account when deciding whether to take enforcement action in relation to a breach of planning control.

The nature of enforcement action taken by the council in relation to a breach of planning control is within the discretion of the council. The council will consider whether it is expedient to take enforcement action having considered, in the planning balance, whether enforcement action is reasonable, proportionate and in the public interest, and in consideration of the planning harm and any negative impact of development.

Designated council planning and legal officers have delegated authority to take enforcement action, or conversely, take decisions not to initiate an enforcement action. Enforcement matters are reported quarterly to the council’s planning and regulatory functions committee for information.

The policy also provides general guidance on the council’s approach to proactive monitoring of mineral and waste management sites.

2. Information

This document is provided as information only. It is not a full and authoritative statement of the law and does not constitute professional and/or legal advice. Any statement in this document does not replace, extend, amend or alter in any way the statutory provisions of the Town and Country Planning Act 1990 (as amended) or any statutory guidance issued in relation to it. In addition, any web links provided within this document are correct at the time of publication but may be subject to change.

3. The council’s planning functions

3.1 Responsibilities

The council is responsible for discharging the development control planning functions associated with minerals extraction, management of waste, and the council’s own development under the provisions of the Town and Country Planning General Regulations 1992. The planning functions relating to mineral and waste matters are often referred to as ‘county matters’ and are defined by Schedule 1 of the Town and Country Planning Act 1990 and the Town and Country Planning (Prescription of County Matters) (England) Regulations 2003.

Currently, the District and Borough councils of North Yorkshire are responsible for all other forms of planning control, including fly tipping, and developments permitted by them; this includes the importation and exportation of materials to develop sites where the materials are an integral part of the development and are necessary for the development to be carried out. However, this division of responsibilities will be subject to change with the advent of local government re-organisation and the introduction of a new authority replacing the County, district and borough councils in April 2023 and after which, a review of policies will be undertaken.

Enforcement responsibilities between district and/or borough councils and county councils can be shared for some engineering operations involving inert waste materials. Decisions will be taken on the responsibility for these types of alleged breaches of planning control in consultation with the relevant district/borough council enforcement teams.

The council has no responsibility for investigating complaints or taking enforcement action on matters under the respective jurisdictions in district/borough council areas, or the Yorkshire Dales National Park and the North York Moors National Park authority areas.

3.2 Objectives

In line with Government advice, it is the council’s objective to:

prevent serious or irremediable harm;
bring unauthorised activity under control;
remedy the undesirable effects of unauthorised development;
ensure breaches of planning permission do not compromise the basis of any original permission.

The council will always seek to resolve breaches of planning control by negotiation and only pursue formal enforcement action as a last resort where negotiation has failed. Enforcement action is a discretionary power of the council and the council reserves the right to use the powers available to it as appropriate. If it chooses not to pursue enforcement action, even if the negotiation has failed, the reasons for not doing so will be made clear and conveyed to the complainant.

3.3 Commitments

The council is committed to protecting the environment and local amenity and in the majority of cases will seek to remedy breaches of planning control by negotiation.
The process of dealing with a complaint will be open and transparent and the council will be accountable for decisions, actions and service in planning enforcement. The council will be consistent in approach, always working in accordance with agreed procedures.
A range of formal enforcement powers is available to the council to remedy the undesirable effects of unauthorised development. The council will use the powers available in a manner proportionate to the impact or harm resulting from the breach.
This policy commits the council to good enforcement and monitoring practices and procedures and provides the means to control unauthorised development effectively for the benefit of the environment in general and to protect local amenity.

This policy complies with the national planning policy framework (July 2021; paragraph 59 of the national planning policy framework states:

‘Effective enforcement is important to maintain public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control. They should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where appropriate.

3.4 Openness

Council officers will advise a complainant and those involved in carrying out unauthorised development of the policy that applies and will keep as much information as is practically possible in the public domain, whilst protecting the confidentiality of a complainant and any sensitive business information. Officers will seek to maintain dialogue with operators and landowners in order to achieve an agreed solution. Where enforcement action is taken through the issue of formal notice, it will be reported to the council’s planning and regulatory functions committee (or successor in title).

4. The enforcement and monitoring functions

This policy sets out the council’s approach to achieving planning compliance at mineral and waste management sites within North Yorkshire; it consists of two elements. The first sets out how enquiries/complaints alleging a breach of planning control has occurred will be investigated and remedied where appropriate; the second relates to the proactive monitoring by the council of authorised mineral and waste management sites.

5. Enforcement - Investigating unauthorised development

Breaches of planning control may be brought to the attention of the council through complaints made by members of the public, parish councils, district or borough councils, elected members, private organisations and/or other regulatory bodies such as environmental health, the environment agency, the health and safety executive and the oil and gas authority.

Planning breaches identified by council officers undertaking monitoring visits are raised with operators and landowners and compliance is sought through a process of informal discussion and encouragement. Where such actions are or are likely to be, unsuccessful, then formal enforcement action may be taken. This may result in either a negotiated cessation, compliance through the issue of a breach of condition notice or enforcement notice or potentially the retrospective grant of planning permission, either through a planning application or through an appeal.

6. Identifying a breach of planning control

There are many activities that can take place without the need for planning permission. This may be because they do not constitute development, or because permitted development rights are available. In these circumstances, there may be no breach of planning control.

There are other instances where no breach of planning control would occur. For example:

the issue is a private legal matter.
the matter is outside the control of planning law and controlled by other legislation.
there are no planning conditions on an existing site to control the subject of the complaint.

Where there is no breach of planning control, the council cannot take further action. Where it may be a breach of other legislation, the council will refer the matter to the appropriate enforcing body for investigation such as the Environment Agency, the health and safety executive, the district/borough council environmental health officer, or the oil and gas authority.

A breach of planning control occurs when:

development has commenced without the required planning permission; or
there is a failure to comply with a condition on planning permission.

Where breaches of planning control are identified, it is the council’s objective to remedy the breach and any problems caused. The council will:

check the planning register to establish whether planning permission has been granted or is being applied for and that it is not permitted development;
establish the facts of the case, visiting the site if necessary, recording findings, and taking a photographic record and liaising with those responsible for generating the complaint and/or complainant;
pass on any relevant information to other agencies who may have an interest in the case.

Where information regarding the use of land is required, a planning contravention notice (see below) may be served on known owners and occupiers of the land. A planning contravention notice requires information about the suspected breach of planning control and identify the breach to the person/persons, groups or bodies responsible.

7. Dealing with enquiries and complaints

The council will investigate alleged or identified breaches of planning control, whether it is the result of a complaint or whether it is found as part of the council's monitoring procedures. The council should be contacted when there are concerns about mineral or waste development or the council’s own developments or if it is considered there has been a breach of planning control relating to such. The best way of making an enquiry or a complaint is by email to the following address:

An enquiry or complaint can also be made in writing to:

Planning Services,

Growth, planning and trading standards,

Business and environmental services,

North Yorkshire County Council,

County Hall,

Racecourse Lane,

Northallerton

North Yorkshire

DL7 8AH

It is important to provide as much information as possible about the issue and include:

your name, address, telephone number and email address;
the address or location of the alleged breach (mark on a plan if possible);
the name and address of the person(s), company, developer carrying out the breach (if known);
the nature of the complaint and what you believe is the breach of planning control;
when the problem started or took place;
an assessment of the ‘harm’ the alleged breach is causing; and
whether you would like to be kept informed of the progress of your complaint

Once a breach of control is confirmed, a complainant may be asked to make a note of observations and keep a log of any relevant activities including for example particular, times, dates, names, addresses, telephone numbers and registration details of any vehicles.

8. Recording and acknowledging complaints

When the council receives a complaint, it will:

treat all complaints as confidential as far as is practicable;
record and acknowledge receipt of a complaint within 3 working days of receipt by email or telephone call;
make an initial assessment to classify the complaint depending on its nature (see table below);
investigate complaints within 21 days;
inform the complainant of the outcome of the investigations within 28 days

Priority	Risk	Examples
Low	Minor breaches of planning conditions	A failure to turn off lights outside permitted hours of working
	Unauthorised development that is complete	Mineral extraction that has ceased Waste management that has ceased
Medium	Major breaches of planning conditions	Failure to install or maintain wheel cleaning equipment Non-compliance with approved plans.
	Unauthorised activities and/or development with the potential to cause harm to the environment or amenities of an area	Unauthorised mineral extraction or waste disposal/management activities
High	Unauthorised activities and/or development posing a significant risk of irreversible harm to the environment and/or public amenity	The disposal/management of mixed waste materials causing the risk of irreversible harm to the environment. Unauthorised mineral extraction causing risk and irreversible harm to the environment.

Should the outcome of the council’s investigation fail to meet the complainant’s satisfaction, then recourse can be made to the council’s formal complaint procedure and, ultimately, the local government ombudsman (see ‘dissatisfaction with the service’ section below).

The council will not disclose a complainant's name or address to anyone as far as is practicable without the express consent and subject to general data protection regulations where applicable. However, if a site has few neighbours, it is possible a complainant could be identified when we are investigating a complaint or the person causing the complaint may rightly assume who made it. In some cases, a complainant may be invited to provide evidence and give evidence as part of any legal proceedings. However, they would be under no obligation to do so and could decline and retain their anonymity.

Anonymous complaints will only be recorded on file and investigated where it appears there could be significant harm caused to the environment by the alleged breach.

Before considering any possible future action, it is necessary to establish whether there is a breach of planning control. Even if there is a breach of control, it may not be expedient to take enforcement action, for example, if the breach is very minor, has ceased or has not caused an unacceptable impact. The council will decide whether or not what has been carried out is acceptable in principle and if anything needs to be done to bring to make it acceptable. When assessing possible breaches of planning control, the council will have to find a balance between the rights of a developer, user or owner of land or buildings, and the wider public interest. If it is not acceptable, the council will decide what action is appropriate to prevent it from continuing.

9. Joint working

Joint working is maintained with authorities within and bordering North Yorkshire and other statutory regulating and enforcing bodies such as the environment agency, the health and safety executive, the district/borough council environmental health officer, the oil and gas authority, the police, HM revenue and customs, department of transport and the driver and vehicle licensing authority. Joint investigations may be carried out or, if not available, the relevant bodies will be informed of our investigations and findings. Breaches of planning control that is not related to ‘county matter’ development will be referred to the relevant district/borough council or national park authority.

Where the council’s planning enforcement function overlaps or runs parallel to the legislative functions of other authorities, any enforcement action pursued will be based on planning considerations only.

10. Time limits for taking enforcement action

In most cases, development becomes immune from enforcement if no action is taken:

where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed;
within 4 years for an unauthorised change of use to a single dwelling house;
within 10 years for any other breach of planning control (essentially other changes of use and breaches of conditions).

The time limits do not prevent enforcement action after the relevant dates referred to above in certain circumstances:

further enforcement action may be taken in respect of any breach of planning control within 4 years of previous action in respect of the same breach in the event the previous action proved to be defective.
where there has been deliberate concealment of a breach of planning control, the council may apply for a ‘planning enforcement order’ (from the magistrates’ court) to allow action to be taken after the time limits;
where a person has deliberately concealed a breach of planning control, the time limits do not engage until the breach has been discovered.

In cases of deliberate concealment, the council may decide to serve an enforcement notice ‘out of time’ or apply for a planning enforcement order.

11. Approach to enforcement

11.1 Breaches remedied by negotiation

In most circumstances where a breach of planning has occurred, we will seek to resolve the breach through negotiation to achieve the cessation and remediation of works, for example, the removal of waste that has been deposited to avoid the need for further enforcement action. In these cases, providing the breach has been satisfactorily resolved, the council will not take enforcement action unless the breach were to persist or recur.

11.2 Breaches remedied by a retrospective planning permission

In other cases, the activity or development that is identified as a breach of planning control may appear to be an acceptable use or development of land or could be made acceptable. In these instances, the Council may invite the developer to submit a retrospective planning application to regularise the unauthorised development or the use of the land. The fact that the development has gone ahead without planning permission will not influence the consideration or determination of any planning application.

A decision on any planning application will be taken after considering the nature of the proposal, and assessing it against the policies in the development plan, with regard to the comments of other relevant organisations or bodies and the views of individuals. Providing the development is considered an acceptable use of land, planning permission may be granted subject to planning conditions that would control the development. Conversely, if planning permission is refused or a planning application has not been submitted and negotiations have failed to remedy the breach, further appropriate and proportionate enforcement action may be pursued if it is considered expedient to do so. It should be noted that pursuing enforcement action is a discretionary function.

11.3 Where negotiation fails to resolve the breach

In those cases where negotiation does not swiftly secure a remedy, or the development is considered unacceptable in principle and does not cease, then the council will decide whether to pursue formal enforcement action in accordance with this policy.

The council’s decision on whether it is expedient to pursue further action will be made following a formal assessment of the breach. This assessment could follow consultation with other regulatory bodies and the relevant district/borough council and would consider the nature, scale and impact of the development on the environment and on local amenity, the actual harm caused by the breach and against the policies in the development plan. The council will have due regard to the human rights act 1998 and will not act in a way which is incompatible with any convention right and will balance the private interests of the person breaching planning control against the wider public interest. The council’s assessment of the breach will conclude what is necessary to prevent the breach from continuing, any works required to rectify the breach, and whether or not it is expedient to take further action, setting out reasons in support of that decision. There will be some cases where immediate action (see below for types of action) will be considered appropriate without consultation with other bodies where there is clear evidence that the breach of planning control is detrimental to the environment or the amenities of the area.

11.4. Where enforcement action is not expedient

In some cases where a breach has occurred and an assessment of the breach has concluded that the resulting harm is negligible, or 'de minimis' (meaning lacking significance or importance: so minor as to be disregarded), the council would be unlikely to take enforcement action, as it would not produce a clear benefit to the environment or local amenity.

In other cases where either limited impact has occurred or the harm is temporary or has already ceased, then there is often little to be gained from taking formal enforcement action. In such cases, the council may conclude that it is not expedient to take further action.

Some activities that represent a breach of planning control may also be breaches of other legislation, for example in relation to the unauthorised landfilling of waste. In such circumstances, the council will seek to co-ordinate any action with that taken by other regulators such as environmental health, the environment agency, the health and safety executive and the oil and gas authority.

11.5 Where enforcement action is expedient

Where breaches of planning control are causing significant harm to the environment or local amenity and we are unable to remedy the situation by negotiation, then the council may consider it expedient to take appropriate and proportionate formal enforcement action after an assessment of the breach.

The council will normally only take formal action when there is evidence that a breach of planning control has occurred and that it has caused demonstrable harm to interests of acknowledged importance. In addition, it must be shown that the remedial actions identified are in proportion to the breach and will help to remedy the harm caused.

If there is relevant proof that a breach of planning control has occurred and council officers have decided that it is expedient to take any necessary steps to remedy the breach identified, enforcement action may be taken in conjunction with Officers from the council's legal and democratic services team.

12. What action can be taken?

There are a number of enforcement powers available that can be used against the landowner, the developer or anyone else with an interest in the land.

The council’s action would depend on the amount of harm caused by the breach and the risk of further harm occurring. In general, the greater the impact of the breach on its surroundings and/or the local community, the stronger the council’s action will likely to be and shorter times within which it would be taken. There are a number of enforcement tools available to the council; these are summarised as follows. More details can be found on the enforcement and post-permission matters page on the government's website.

12.1 Planning contravention notice

A planning contravention notice enables information to be gathered from the owner of the land or someone using the land to establish whether a breach has occurred and who has an interest in the land. Details of ownership, activities or uses being undertaken and relevant dates in addition to matters relating to any planning conditions imposed by any planning permissions in respect of the land can be required to be given. The planning contravention notice can be effective in identifying whether a breach of planning control has taken place, those responsible for the breach, who has an interest in the land and provide information that will assist the council in deciding whether to pursue further enforcement action. The recipient(s) of a planning contravention notice is given 21 days to respond.

Non-compliance with the requirements of a planning contravention notice is an offence, and on conviction, the offender may be liable to a fine; the council will reserve the right to pursue prosecution in appropriate cases.

12.2 Breach of Condition Notice

Where a planning condition to a planning permission is being or has been contravened, a breach of condition notice can be served on all those known parties who have an interest in the land requiring the breach to stop and not repeated. There is no right of appeal against the serving of a breach of condition notice. However, recipients of a breach of condition notice are given at least 28 days before the notice takes effect so they can instigate action to remedy the breach.

The breach of condition notice will specify the steps that the Council consider need to be taken, or the activities that they consider should cease, to secure compliance with the condition(s) specified in the notice. Non-compliance with the requirements of a breach of condition notice is an offence, and on conviction, the offender may be liable to a fine; the Council will reserve the right to pursue prosecution in appropriate cases. Failure to comply with a breach of condition notice may result in further enforcement action being pursued.

12.3 Enforcement notice

An enforcement notice can be issued where a breach of planning control has caused or is causing harm to the environment or local amenity and it is expedient to do so having regard to the provisions of the development plan and any other material considerations. An enforcement notice is served on all those known to have an interest in the land (and who may be identified by a PCN). The enforcement notice specifies exactly what, in the council's view, constitutes the breach of control and what steps the council require to be taken, or what activities are required to cease, to remedy the breach and the times within which the steps should be taken. When, or at any time after, an enforcement notice is served on a person(s) having an interest in the land on which action is being taken, the council may provide a letter of assurance stating, that in the circumstances known to the council, the person(s) on whom the enforcement notice has been served, may not be at risk of prosecution in connection with some or all of the matters contained within the enforcement notice.

An enforcement notice does not take effect for 28 days, during which time those on whom an enforcement notice has been served may lodge an appeal with the Planning Inspectorate. Any appeal suspends the requirements of the notice until the appeal is determined. However, once the notice takes effect, the remedial works set out in the notice must be carried out within the specified timescale. Failure to comply with the terms of the enforcement notice would constitute a criminal offence for which the offender could be prosecuted and subject to a fine on conviction.

12.4 Temporary Stop Notice

A temporary stop notice can be issued when there has been an identified breach of planning control and when it is expedient that the activity, or any part of the activity that amounts to the breach, should cease immediately. Unlike a ‘stop notice’ (see below), a temporary stop notice can be served on its own; there is no requirement for it to be served with an enforcement notice. Recipients of a temporary stop notice may make representations to the council, but there is no right of appeal against the service of such a notice, although a recipient may challenge its validity by making an application to the high court for a judicial review. The notice has effect immediately but ceases to have effect after 28 days unless the council withdraws it sooner. This allows a period of time (up to the maximum of 28 days) for the council to decide whether further enforcement action is necessary and what that action should be, without the breach intensifying by being allowed to continue.

The recipient of a temporary stop notice is at risk of immediate prosecution for failing to comply with the requirements of a temporary stop notice, A person convicted of an offence is liable to a fine. As a temporary stop notice prevents an activity from continuing, the recipient has a right to claim compensation against the council if the notice has not been served properly.

12.5 Stop Notice

Where the council considers it expedient a breach of planning control should cease before the expiry of the period for compliance specified in an enforcement notice, a stop notice may be issued. A stop notice prohibits activities in breach of planning control on land subject to an enforcement notice and may only be issued with, or following, the issue of an enforcement notice. A stop notice normally takes effect after 3 days of it being served, although if special reasons exist, e.g. if significant or irreversible harm is taking place, a stop notice can be specified to take immediate effect. Recipients of a stop notice may make representations to the council, but there is no right of appeal against the service of such a notice, although a recipient may challenge its validity by making an application to the high court for a judicial review.

Contravention of a stop notice is an offence, and if proceedings are taken by the council at court on conviction the recipient shall be liable to a fine determined by the court.

12.6 Injunction

Where the council consider it necessary or expedient for any actual or apprehended breach of planning control to be restrained, having first considered its other enforcement powers, may apply to the high court or county court for an injunction. An application for an injunction can be made whether or not the council has exercised, or proposes to exercise, any of its other powers to enforce planning control referred to above.

In making a decision to initiate injunctive proceedings, the council will carefully consider:

it has sufficient evidence that a breach of planning control has already occurred, or is likely to occur on land in the council's area;
that injunctive relief is a proportionate remedy in the circumstances of the particular case.
whether all relevant considerations including the personal circumstances of those on whom injunctive proceedings are to be taken have been taken into account.

12.7 What might happen after serving a notice or injunction?

All notices and injunctions must set out what is required to rectify the breach of planning control, undertake any remedial works, and specify the time periods the within which the breach of planning control must be rectified and any remedial works shall be carried out by. The length of time for compliance depends on the severity of the problem and the type of notice issued.

If the recipient of an enforcement notice lodges an appeal, this will suspend the requirements of the enforcement notice, unless an accompanying stop notice has also been issued. Notification of an appeal will be by site notice, press notice and by letter to any known or identified interested parties and bodies. If a notice has been issued following the refusal of a planning application, then all those who made representations on the planning application will also be notified. The planning inspectorate determines the appeal, so it is outside the control of the council and this commonly delays the remedial works. The appellant can also make an application for planning permission as part of the appeal process.

If no appeal is lodged within 28 days then the enforcement notice comes into force and its requirements must be complied with in the specified timescale.

Failure to comply with an injunction may result in the case being referred back to the high court or county court which may impose more severe penalties if the offence continues which could include a custodial sentence.

13. Compliance

Following the serving of a notice, we will visit sites to monitor compliance. If we find that the requirements of the notice are not being complied with, we will inform those identified with an interest in the land of the likely consequences. If those identified with an interest in the land fail to comply with the requirements of the notice, the council will consider prosecution. If the notice is complied with, it will remain in force, unless withdrawn, but confirmation of compliance can be provided to those identified with an interest in the land if requested.

14. Prosecution

The Council's objective throughout planning enforcement proceedings is to prevent and remedy harm to the environment and local amenity. In cases where those identified with an interest in the land have failed to comply with the requirements of a notice, the only way in which the council can secure its objectives is to prosecute for non-compliance.

Failure to comply with the requirements of a notice or an injunction is an offence. Whilst the aim of the criminal process is to punish wrongdoing, the council's decision to prosecute as part of enforcement action is not to penalise, but to prevent further harm and to act as a deterrent to others.

The prosecution is a serious matter and will only be pursued after consideration of the implications and consequences and the details of the case, including any changed or mitigating circumstances. Decisions about prosecutions will take into account of the code for crown prosecutors. A prosecution would not be commenced or continued unless there is sufficient, admissible and reliable evidence that the offence has been committed and that there is a realistic prospect of conviction.

In deciding whether or not to prosecute the council will have due regard to the human rights Act 1998 and will not act in a way which is incompatible with any convention right; and will balance the private interests of the person breaching planning control against the wider public interest. The council will take into account of equality and the impact of its action on people who share protected characteristics. When considering the harm caused by the offence, the intent and personal circumstances of the offender, the history of offending and the deterrent effect that the prosecution may have on potential future offenders will be carefully considered and taken into account. Where the likelihood of success is remote, this is likely to deter the council from pursuing a prosecution.

If the council prosecute and the court rules in the council’s favour, the offender will usually be fined. If following conviction, the requirements of a notice are still not carried out, the council will consider the need to prosecute again. If convicted, the offender could expect an increased fine and which is unlimited. In determining the amount of any fine, the court will have regard to any financial benefit, which has been accrued or appears likely to accrue in consequence of the offence. If an injunction were breached, the council might refer the matter back to the court that made the order. The court would decide how to deal with the breach, but in the most serious of cases, it could lead to a custodial sentence.

15. Direct or default action

In certain circumstances, direct or default action involving the council going onto the land to do the works required as part of an enforcement notice may be taken to ensure compliance. It is an offence to wilfully obstruct the council, or anyone exercising the powers on behalf of the council. Default action will be only be pursued when all other methods have failed to achieve the steps required by an enforcement notice. The council can recover from the person who is then the owner of the land any expenses reasonably incurred in undertaking the work or a charge may be placed on the land to cover the costs of completing the work. In deciding whether to pursue such action, the Council will have regard to the up to date circumstances and the provisions of the human rights act to ensure that any action is in the public interest and that it is proportionate to the breach of planning control, and the rights and circumstances of those that are in breach. The decision to initiate such action will be taken by the council following the completion of a cost/benefit audit.

16. Monitoring

For all dormant and operational minerals sites and operational waste sites with planning permissions granted by the council, officers will undertake periodic routine monitoring visits in accordance with a prescribed schedule to ensure sites comply with planning conditions, approved schemes, plans and documents and requirements of legal agreements and to identify any non-compliance with planning conditions, approved schemes, plans and documents and requirements of legal agreements and any unauthorised development that requires addressing or action.

The monitoring process involves an assessment of all current planning permissions pertaining to a site; a site may be operating with the benefit of one or more planning permissions. Monitoring is carried out on a periodic basis, the frequency of which will be determined by the nature of the site and how it is understood to be operating. Monitoring is usually carried out as part of a prearranged visit to the site with the operator, although unannounced visits may be carried out, particularly if there is a need to investigate reported alleged breaches of planning control.

The visit involves a comprehensive inspection of all those areas with planning permission and an assessment of whether the development is being carried out in accordance with the planning permission(s), planning conditions, approved schemes and programmes and plans and the requirements of any legal agreements to each planning permission.

A report will be prepared at the time of the visit that:

confirms whether the site is operating in accordance with the planning permission(s), planning conditions, approved schemes and programmes and plans or otherwise; and
what action, if any, is necessary to ensure compliance; and
the timescales within which action, if any, is to be completed; and
the date of the next visit to confirm the identified action has been carried out.

A copy of the report will be signed by the council’s officer, and provided to the operator at the time of the visit and the person responsible for the site at the time of the visit be invited to sign. A letter, with a copy of the report, will be sent to the site operator confirming compliance or highlighting areas needing action within 14 days of the visit.

In the event any identified action is not subsequently taken, depending on the scale and nature of any non-compliance, the council may pursue any of the enforcement options referred to above. The council will always work with an operator to ensure compliance with the approved planning permission(s), planning conditions, approved schemes, programmes, plans and legal obligations to ensure there is no unacceptable risk to the environment or the amenities of the area or others.

17. Dissatisfaction with the service

Should an individual, group or body not be satisfied with the outcome of a specific investigation into an alleged breach of planning control, they may in the first instance write to the council expressing their concerns and/or requesting a review of the investigation. If a complainant is concerned about progress at a particular site then they may also speak to their county councillor who will be able to pursue matters with officers on their behalf:

a member of the public may use the county council's complaints procedure if they are concerned about the nature of action taken by the council where unauthorised development has been alleged:
if not satisfied with the outcome, the individual may then refer the case to the local government ombudsman:
planning enforcement page on the Local Government and Social Care Ombudsman website. The local government ombudsman may refuse to investigate a complaint if the complainant has not followed the council’s internal complaints procedure first.

18. Policy review

This policy will be reviewed every year, updated every three years and shared with the council’s planning and regulatory functions committee or its successor.