Planning Compliance

Until further notice due to the Coronavirus we are unable to accept PAPER planning applications, comments on planning applications, compliance complaints or forms relating to the Community Infrastructure Levy (CIL) as all staff are now working from home. Planning applications must be made electronically via the planning portal www.planningportal.co.uk . Comments on planning applications must be made on the online by searching for the application on the website and entering a comment https://www.arun.gov.uk/weekly-lists , compliance complaints must be made on the online form https://www.arun.gov.uk/planning-compliance and the submission of CIL forms (with the exception of CIL Form 1 which must be submitted with the planning application itself) must be sent to CIL@arun.gov.uk.

We are working towards setting up a Development Control Committee for 27 May 2020 to determine planning applications in the normal way. The Government are setting out legislation on how this should be achieved. The Government sent a letter to local councils recently, which is attached here: Chief Planners Newsletter - March 2020.pdf [pdf] 135KB . There is currently no change to the Council’s scheme of delegation and applications will still need to be determined at a Committee meeting if necessary. It is highly likely that this meeting (and future meetings) will be held remotely or with a reduced number of members and details will be published when they have been agreed.

We will not issue any delegated officer decision to approve a major application or a minor application where there are a significant number of objections and the Parish/Town Council have not had the opportunity to comment because of the Covid 19 Pandemic until consultation has been carried out with the Chairman of the Development Control Committee and Portfolio Holder for Planning to confirm that they are in agreement that a decision can be issued.

IMPORTANT :  New legislation relating to the temporary provisions of takeaway food

A new Class DA has been introduced to the Town & Country Planning General Permitted Development Order 2015 under Schedule 2, Part 3 to allow a change of use from any of A3, A4, A3 + A4, or a “drinking establishment with expanded food provision” to a temporary use for the “provision of takeaway food” during the 1 year period from to 23/3/21. Please consult Statutory Instrument SI 330/2020 for full details via: http://www.legislation.gov.uk/uksi/2020/330/made

 

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 Final Planning Compliance Strategy.docx [docx] 71KB  booklet.