Planning Decisions Enforcement & Infringement
How we provide this service
Information and advice on what to do if there is a breach of the planning regulations is supported by Planning and Development, Planning.
Once you have spoken to our Customer Service Advisor, they will fill out an Enforcement Report which will be passed to our Enforcement Team. Currently it is taking 10-14 working days for a site visit to take place.
It is crucial that if you feel planning laws are being breached that you contact us immediately. The planning laws are in place to protect the District, both environmentally and economically, for future generations.
You can now check if a property has planning permission online using our Online Mapping Planning facility (new window). [Details & Restrictions of the Mapping Service]
South Holland District Council has produced this Planning Enforcement Policy (PDF) to set out clearly the approach it will take in relation to planning enforcement. It will provide its customers with a clear understanding of the whole enforcement process and the issues which will be given particular priority.
For more information please visit our Planning Enforcement Web Page.
Fax: 01775 710772
What to do to get this service
It is important that you contact Customer Services immediately on 01775 761161 if you have seen something which may not have planning permission or you believe there to be a breach of planning law.
Further Information on this service
DEMOLITION WORK:
Building or demolition works can cause problems for neighbours of the site. You can reduce or avoid causing any nuisance to the neighbours, or action being taken by the council, if you follow this advice.
- Tell the council and the neighbours
- give the Local Authority 6 weeks notice of demolition work. The council may impose some conditions about how the work should be done.
- send a letter to the neighbours before work starts, telling them about the work and what to expect. Give the neighbours a contact name and telephone number and keep them informed.
- deal promptly with any complaints received on site.
- Keep dust, noise and smoke to a minimum
- Dust:Keep dust down by spraying with water when and where you can.
Particularly noisy operations (e.g. Pile Driving) may need more stringent controls. Pumps and generators should not be left running overnight if they can be heard outside the site.
If you are a householder doing some or all the work yourself, try to avoid causing any noise or dust in the evenings or on Sundays.
If noise problems occur, the Council and the neighbours can take legal action. If you think your work may cause a significant nuisance to the neighbours from noise or vibration, apply for "prior consent" from the Council who will allow a certain level of noise to occur.
Smoke:
- bonfires that release "dark smoke" are illegal and the council will prosecute any offenders.
- advice about bonfires is available from the Local Authority
- stop the bonfire at the end of the working day.
Obstruction and damage to pavements:
- do not let vehicles or materials block or damage the pavements.
- do not leave obstacles, holes or trenches where they are a danger, especially to disabled people (e.g. the blind).
- the Council may charge you for any damage caused to pavements, kerbs or verges by lorries or heavy plant.
Who can apply?
Anyone
Common Questions
Q. I think that my neighbour is building something without planning permission, what should I do?
A. You need to contact the Planning and Development Department, preferably by letter, giving the address of the property concerned and details of the work being carried out. You will also need to give your name and address
Q. What happens after I report the incident?
A. An investigation into the alleged breach will be carried out. If a breach of the planning permissions/restrictions is found an enforcement notice will be served
Q. I don't want my neighbour to know that I reported the infringement. Do I have to give you my details?
A. Yes as unfortunately we cannot investigate an anonymous complaint. However, under no circumstances are your details passed on to anyone else
Q. What are the possible outcomes?
A. There are many possible outcomes. The 3 main ones are:
1. that the work being carried out does not need planning permission as it is classed as "permitted development"
2. the site requires permission and a retrospective application is submitted
3. the alleged offender is ordered to return the site to its original condition (Please note that a breach of planning regulations is a civil offence and not a criminal one, however a breach of an enforcement notice is a criminal offence)
Q. My neighbour's land is very untidy, is there anything I can do?
A. From a planning prospective, unless the owner/occupier of the site is in breach of any planning permissions, conditions of planning permissions or restrictions, there is very little we can do. However the Environmental Protection Team may need to investigate.
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Contact Details
If you have any queries about the information provided above, or require further information, please contact Customer Services on 01775 761161 or email info@sholland.gov.uk.
