Planning Compliance

 

Planning Compliance

Compliance is a planning service offered to those who suspect alleged breaches of planning control are taking place.  In order for a thorough investigation to commence, we require a written complaint using our online form or a letter sent to the Compliance team to the address as set out at the bottom of this page.

This complaint should include the site address, nature of complaint and any supporting materials such as photographs. Please note that anonymous complaints are not investigated.

When investigating a complaint, we may ask you to fill in a Diary of Events Form [doc] 34KB. To record the activities which you believe are breaches of planning for a 21 day period. This will enable the Compliance Team to decide what action is appropriate.

 

What constitutes a breach of planning control?

  • Carrying out of development without the necessary planning permission
  • Non-compliance with conditions resulting from planning permission
  • Works to a Listed Building without the relevant Listed Building Consent and/or planning permission - Listed Building information
  • Works to a tree with a Tree Preservation Order or tree within a Conservation Area Further information can be found on the Tree Preservation Orders page. 
  • Displaying a sign or advertisement without relevant Advertisement Consent.  Please check with a member of the Compliance Team for specific details relating to this legislation.
  • Unauthorised demolition of certain buildings within a Conservation Area.
  • Land or buildings in such poor condition that it adversely affects the amenity of the area.

 

What does not constitute a breach of planning control?

  • Boundary disputes. These are a civil matter and must be pursued privately. Please also refer to the  Party Wall Explanation Booklet [pdf] 3MB
  • Breaches of deeds and covenants.
  • Property devaluation and reduction in Council Tax.  The devaluation of property values and any tax relief as a result of development is not a material planning consideration and cannot be considered by the Local Planning Authority when determining applications or taking enforcement action.
  • Insertion of windows.  However, first check with the Planning Department if there is a Permitted Development restriction on the site or the property is a Listed Building, or a flat.
  • Protection of wildlife - this is a police issue unless covered by a planning condition.
  • Parking of commercial vehicles on the road.
  • Parking a touring caravan within a residential boundary of a property.
  • Building works on pavements. Please refer to West Sussex County Council - Highways and Transport
  • Adhering to Fire Regulations.
  • Internal alterations unless it is a Listed Building. Please refer to Building Control
  • Noise pollution. Please refer to Noise Pollution
  • Light pollution. Please refer to Light Pollution

 

For information on how complaints will be prioritised and how it is determined whether action should be taken please see the Planning Compliance Strategy [pdf] 3MB booklet.

 

Cases received 1/12/2016 to 31/5/2017

At Development Control Committee on 30th November it was agreed to create a third priority category in the Compliance Strategy for a six month period (cases received 1/12/2016 to 31/5/2017). This would allow a longer time to carry out the initial visit. The category is:-

Priority 3

These will normally be the subject of a site visit within one calendar month and relate to;

•  Means of enclosure; advertisements, flag poles and satellite dishes

• Householder development and works likely to be permitted development