Our planning enforcement team deal with enquiries about breaches of planning control. Our team is led by a Principal Enforcement Officer who is a fully qualified and experience planning officer. It includes two investigating officers and a support officer. Each member of the team deals with planning enforcement enquiries throughout the whole of the borough council's area on a case by case basis. Our support officer is usually the first point of contact for general enquires. The team is part of the council's Development Control Section and works closely with colleagues who process planning applications and with other sections of the council.
Contact details:
The Principal Enforcement Officer Planning and Engineering Services PO Box 122 St Edmundsbury House Western Way Bury St Edmunds Suffolk IP33 3YS
Phone: 01284 757366 Email: planning.helpdesk@stedsbc.gov.uk
Our office opening hours are 9am to 5pm on Monday to Thursday and 9am to 4pm on Friday.
Planning Enforcement Service Standards Leaflet (PDF 88Kb) - This leaflet gives information on how you can complain to the council about a breach of planning rules. It explains what we can take action on, what you can expect from us if you make a complaint and the timescales involved. It can also provide helpful information if someone has complained about you.
- What can I complain about?
- How can I complain?
- Will my details be kept confidential?
- What happens to my complaint?
- What if a complaint has been made about me?
- What is formal action?
- How long will it take?
- What if I’m not happy with the outcome?
1. What can I complain about?
Breaches of planning control can include:
- building an extension or making alterations to a building without planning permission;
- changing the use of a property without permission (for example, running a business from a residential house);
- failing to comply with a condition attached to planning permission;
- carrying out work which differs from the plans which were approved;
- putting up advertisements without consent;
- removing or lopping protected trees without permission; and
- carrying out unauthorised work on a listed building.
We cannot deal with covenant issues or boundary or ownership disputes. These are private issues which a solicitor or a citizens’ advice bureau can help with.
It is important to remember that some extensions or adverts can be put up or uses changed without the need for planning permission.
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2. How can I complain?
Download our Planning enforcement complaints/enquiry form (PDF 12Kb) or Online planning enforcement complaints/enquiry form
You will need to tell us:
- your name, address and telephone number;
- the address where the breach is taking place;
- what the breach is;
- how it affects you;
- the date it started; and
- the contact details of the people involved (if you know them).
Please note: We do not normally investigate anonymous complaints.
3. Will my details be kept confidential?
Under the Data Protection Act the name and address of the person making the complaint, or any other contact details, will not be disclosed. The only exception to this is when we are taking formal action and you have been asked to collect evidence to support your complaint. In these cases, you may be asked to give that evidence at a hearing. However, you will always be asked if you are prepared to do that.
Most complaints are dealt with without the need for formal action, so in most cases confidentiality can be maintained.
Under the Freedom of Information Act 2000, the council has to make information about complaints available to the public. Formal notices which we have served, along with a list of the people who have been served with notices, are also public documents.
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4. What happens to my complaint?
We can only take action if there has been a breach of planning control. We may check this first by visiting the property. We can quickly assess whether there has been a breach if the complaint involves a building. However, if the complaint involves the use of a property, we may have to monitor it to make an assessment. We may also ask for your help to collect evidence of the unauthorised use. If there is a breach we then have to consider if it would be likely to get planning permission. If we feel it might, we will invite an application on which you would be consulted. Letters received about planning applications are available to the public. If the application is being decided by the Development Control Committee, you can have your say in person.
If an application is not submitted, the council will consider whether it is in the public interest to take formal action. We will not automatically take action just because an application is not submitted.
We can take formal action if the breach is significant and we do not feel planning permission would be granted.
At each stage we will keep you informed by phone or in writing.
5. What if a complaint has been made about me?
We recognise that some breaches of the planning rules are genuine mistakes, where people do not know they need permission before carrying out work. We also realise that some people may deliberately breach planning rules.
If you have breached the rules, you may be given the opportunity to apply for retrospective planning permission and we will guide you as to whether we feel you might get it. It would be in your interests to apply, as any unauthorised extensions, for example, could cause problems if you sell your home in the future.
If you have breached planning control and we do not feel you would get permission, you will be asked to put the situation right. Examples of this could include reducing the size of an unauthorised building or pulling an extension down. If you do nothing, we will consider taking formal action.
At each stage we will keep you informed by phone or in writing.
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6. What is formal action?
Formal action is usually taken when negotiations to resolve a complaint have failed. It means we will serve legal notices to stop the breach of planning control.
If the legal notices are not compiled with, we may take court action which could result in a significant fine. In some cases we may consider taking direct action such as demolishing an unauthorised building, for example, and then reclaiming the costs. In extreme cases we can consider serving an injunction. Failing to comply with it could lead to a prison sentence. In most cases there is a right of appeal against the legal notices which are served by the council.
7. How long will it take?
We will acknowledge your complaint by letter within three working days of receiving it. We will carry out research and may visit the site (in some cases more than once to gain access or speak to the relevant people). We will then write to you, within a month of the acknowledgement letter, to tell you the outcome of the complaint or update you on what we have done so far.
Beyond this, timescales will vary depending on the need for further evidence. We will contact you with updates and would ask you to let us know if the situation changes.
The complexities of planning law mean formal action, if necessary, can take several months (or even years) to satisfactorily resolve problems.
8. What if I’m not happy with the outcome?
If you feel we have not dealt with the matter correctly, please contact the Principal Planning Enforcement Officer on 01284 727359, in writing or by email at the addresses given below. If you are still not satisfied, you can use our corporate complaints procedure, which looks into complaints about our service. You can do this by contacting the Customer Services Programme Manager on 01284 757681 or visiting our website.
If you still feel that your concerns have not been addressed, you can contact the Local Government Ombudsman on 0845 602 1983 or visit the website www.lgo.org.uk
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