Report a minerals or waste planning breach

9/4/2020 3:12:45 PM

Report a breach of Minerals and Waste planning permission or unauthorised development.

This can include:

  • tipping of waste on land
  • storage and sorting of waste
  • lorries leaving mud on roads 
  • tipping of waste above approved levels
  • sites not being properly restored

Report a breach

 

The action we can take

We try to resolve through voluntary agreement. If this fails, we have powers to take these actions:

Planning contravention notice

Served on landowners/operators to obtain information about a suspected breach of planning control. This is then used to decide whether further action is required. Failure to reply to the notice is a criminal offence and can lead to a fine.

Breach of condition notice

Requires an operator/landowner to comply with planning permission conditions which they have breached. There is no right of appeal and failure to comply could result in prosecution.

Enforcement notice

Used when a serious breach of planning control has occurred. The person served with the notice has 30 days to appeal against the notice. An appeal is heard by an independent Inspector. If the appeal is dismissed or no appeal is made then failure to comply with the requirements of the notice is a criminal offence. This could lead to prosecution.

Stop notice

This is issued alongside an enforcement notice and requires a particularly harmful activity eg waste disposal, to stop. Non compliance with a stop notice is an offence.

Injunction

This is sought in the County or High Court to restrain people from carrying out or continuing to breach planning controls. The contravention of an this Order is a Contempt of Court and the Court can levy an unlimited fine or impose a custodial sentence.

Direct action

If a person continues to or cannot comply with the notice. We can enter the land and do the work in compliance with a notice. The cost will be charged to the landowner.

 

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