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Planning enforcement

What is planning enforcement?

Planning enforcement investigates possible breaches of planning control. Immediate enforcement action is sometimes necessary, however in most cases, planning authorities have an obligation to allow a person responsible for the breach to address the situation. This may mean submitting a retrospective planning application, removing an unauthorised structure, or stopping any unauthorised use. If, however, planning permission is not granted, then formal enforcement action can be started to remedy the breach of planning control.

When a breach of planning control is identified it cannot usually be stopped or reversed immediately. In most cases the council will have to consider a retrospective planning application. If the council refuses that application, and the applicant appeals to the Planning Inspectorate, then up to a year or more can pass before the Planning Inspectorate hears the appeal and provides a determination. Only when a matter is finally resolved, if necessary through the appeals process, can the council move to consider a prosecution or some other course of action.

As well as dealing with possible breaches of planning control, the planning enforcement team also checks to ensure that any enforcement action is being complied with. It also monitors planning conditions and agreements to ensure that they are being carried out as required.

Dorset County Council is responsible for investigating complaints and concerns on two categories of development:

1. Applications involving mining, quarrying and the working of minerals and associated facilities

2. Applications for the use of land for waste disposal or for buildings, plant or machinery for treating, storing, processing or disposing of refuse or waste materials

It will also investigate complaints relating to Dorset County Council's own developments where these relate to statutory duties of the authority - schools, libraries, social services day centres, etc.

For complaints about all other forms of development you should contact the relevant district or borough council.

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