7.1 On receipt of the online report (Planning enforcement - Dorset Council) an automated acknowledgement will be sent to you by the system, providing a 9 digit reference number beginning with the prefix DFY.
7.2 Following this we will triage the report based upon the information supplied and the level of planning harm. We prioritise our resources for matters which are a breach of planning control where significant harm is being caused.
7.3 If it appears at the outset the reported matter is not a breach of planning:
- we will not set up a case for it.
- we will tell you the reasons why.
- if we believe that another team / department within Dorset Council can assist you we will share your details and complaint with them to allow them to make contact with you directly.
- if we believe that an agency outside of the Council such as Police, Fire, Citizens Advise Bureau could assist you, we will advise you to re-direct your enquiry to them as appropriate.
7.4 We will keep your personal details confidential, unless we are required to disclose them during an enforcement appeal or as evidence to help secure a prosecution in the courts.
7.5 We aim to register all reported breaches of planning control within 5 working days, providing you with a formal acknowledgement email/letter containing information such as the enforcement reference number (replacing the DFY reference previously passed) and the contact details of the officer dealing with the matter.
7.6 We carry out a desk-top evaluation to confirm the relevant planning/enforcement history and undertake open-source research i.e. social media, websites etc.
7.7 Undertake a site visit where appropriate within the requisite time (see priorities below) – planning enforcement officers have powers to enter land at any reasonable hour to investigate alleged breaches of planning control. Should access be required to a dwelling house 24 hours’ notice must be given, in accordance with Section 196A of the Town and Country Planning Act 1990.
7.8 Establish whether an actual breach of planning control has taken place. In cases where we decide there has not been a breach of planning control, we will close the case and tell you.
7.9 In cases where there may be a technical breach of planning control, but the harm caused is insufficient to warrant formal action (non-expedient) we will tell you the reason(s) for not taking formal action and close the case.
7.10 Investigations into alleged breaches of planning control may take some time as cases can be complex and raise a variety of issues that need careful consideration.
7.11 All contraveners have a right to submit a retrospective application to attempt to gain the relevant permission/consent. The application must be dealt with under the normal application process and is subject to the notifications, consultations and statutory time periods associated with the determination process.
7.12 The Council aims to make this decision on any retrospective planning application within the statutory period, which could be take 8, 13 or 16 weeks, depending on the nature of the application. If an application submitted to regularise a planning breach is refused, the applicant has the right to appeal the planning decision and it is rarely considered appropriate to commence formal enforcement action until the outcome of the appeal is known. Appeals can take a year or more to be determined.
7.13 The Council will negotiate with those responsible for any breach of planning control, allowing them the opportunity to resolve the matters of concern rather than issuing a formal notice in the first instance, unless the breach is so serious it warrants immediate action or where negotiations become protracted with no real likelihood of success, at which point consideration to serving formal notices will be undertaken.
7.14 When a breach of planning control is found to have occurred and it is causing significant ‘harm’ the case will be pursued until such a time that the matter is resolved, or the breach is regularised or found to be lawful, or the decision is taken that it is not expedient to pursue any further for sound planning reasons.
7.15 If a formal notice is served and not complied with, the Council will consider pursuing the case through the Magistrates’ Court or Crown Court where necessary and appropriate. Exceptionally the Council may decide to carry out works required in an Enforcement or other Notice which is not being complied with and will seek to recover the costs of doing so.
7.16 We will not re-open a case that has been closed unless there is a significant new piece of information or change on site.
7.17 On conclusion of the enforcement investigation, a summary of our findings will be provided to the individual(s) who reported the matter. Officers will not as a matter of course provide regular updates on the status of the investigation. However, if an update is requested during the investigation, we can only provide information as to what stage the investigation has reached at that point in time. This will allow officers to focus on the resolving the investigation as quickly as possible.