- Home |
- Site A to Z |
- Contact Us |
- Latest News |
- What's On |
- Useful Links |
- Emergency Help
.|.
.|.
.|.
.|.
Home >> council >> general >> emergencyplanning
Frequently Asked Questions
The team investigates allegations of breaches of planning control including: unauthorised development, or uses; unauthorised works to a listed building - both internal and external works; unauthorised display of advertisements; non-compliance with conditions of planning permissions; and, untidy sites where these are considered detrimental to local amenity unauthorised work to trees which are protected or are located in conservation areas N.B Works to trees which are protected or are located in conservation areas without the consent of the local planning authority is an offence.
What is the extent of planning controls?
Planning controls relate to any development. The definition of ''development'' for the purposes of the Town and Country Planning Act 1990 is considered to include "carrying out of building, engineering, mining or other operation in on or under land or the making of a material change of use of any building or other land". (N.B all mining and waste planning issues are dealt with by the County Council).
Do you require planning permission for all development?
No, many minor developments are exempt from the need for planning permission by the Town and Country Planning (General Permitted Development) Order 1995. You should always contact the local planning authority to find out if you need planning permission before commencing any development
Is it an offence to undertake development without permission?
No, under the Act it is not considered to be an offence to fail to comply with planning controls, although you are advised to contact the local planning authority prior to carrying out works which might require approval. Should a local planning authority consider it expedient to issue an enforcement notice against a development which is unauthorised then non-compliance with this notice is an offence, for which the maximum fine is £20,000.
What happens if a condition on a planning permission is not complied with?
The local planning authority has the power to issue a breach of condition notice against which there is no right of appeal. It is an offence not to comply with such a notice. This offence maybe prosecuted in the magistrates court with a maximum fine of £1,000.
Is it an offence to undertake works to a listed building?
Yes, if these works are considered to affect the character and integrity of the building.
Is it an offence to display an advertisement without consent
Some advertisements are exempt from the need for express advertisement consent. Advertisements which do not require consent are those which enjoy deemed consent under the provisions of the Town and Country Planning (Control of Adverts) Regulations 2007. Booklets and advice can be obtained from the Local Planning Authority.
What information is required for an alleged breach to be investigated?
Address of land or building where breach alleged Details of alleged breach Complainant contact name and address and telephone number. Any additional relevant information/other interested parties
How do I report an alleged breach?
by completing and submitting a Complaint Form which can be found on this page on the website. http://www.fareham.gov.uk/council/departments/devcontrol/complaint.asp. Please note that you will be required to provide your name, address and telephone number for any complaint to be investigated. Your details will be kept confidential. Complaints can also be made in writing to the address shown below. Department of Development Control Fareham Borough Council Civic Offices Civic Way Fareham PO16 7TT
What are the stages of an investigation?
Complaint registered and acknowledged - 4 days First site visit made - 10 days Complainant will be kept informed of progress with investigations.
What action may be taken where a breach of planning controls is found to be occurring?
Once a complaint has been investigated and a breach identified, depending on the severity of the breach a number of things may happen: negotiate a satisfactory solution seek a retrospective planning application if no application is forthcoming or the breach is serious then an enforcement notice may be issued In the case where significant harm is being caused by the breach it may be appropriate to issue a stop notice in conjunction with an enforcement notice or seek a legal injunction to stop the unauthorised activities. It is important to note that the enforcement of Planning Control is a discretionary power and in some circumstances it may not be expedient to take action
Is there a right of appeal?
On an enforcement notice, listed building enforcement notice and an advert discontinuance notice, there is a right of appeal. The appeal is made to the Planning Inspectorate. .
Is there a period after which development becomes immune from enforcement action?
Yes, The period within which planning enforcement action can be taken is limited to: 4 years for operational development and change of use to any building for use as a single dwelling house 10 years for all other changes of use and breaches of conditions If you wish to confirm that development is immune from planning enforcement action, you are advised to make an application for a Certificate of Lawfulness.
What is the role of the planning system?
The purpose of the planning system is to control the use and development of land in the public interest. In carrying out this purpose, the system aims to balance the need for growth with the protection of natural and historic resources and quality of life. The current planning framework is based upon a variety of central government Acts, regulations and guidance, intended to produce what is known as "the plan-led system". Its objectives are to ensure rational, speedy and consistent decisions, achieve greater certainty and secure public involvement in shaping planning.
What is the link between the planning policy and planning applications?
The plan-led system requires that all planning applications must be determined in accordance with the contents of the Development Plan for the area, unless what are known as "material considerations" indicate that a different view should be taken.
What is a Development Plan?
A development plan contains the overall land use and development strategy for the Borough and specific planning policies that will help to deliver the strategy, and provide a framework for Development Control decisions. This is the key document that is used by development control officers assessing, and the Planning Development Control Committee determining, planning proposals and applications. Policies are included in the Plan in order to translate government and regional and planning guidance, and policies of the South Hampshire Strategy, into the local context, address important local issues or provide any necessary site specific advice.
What is the South East Plan?
The South East Plan sets out the planning framework for the south-east region and is being prepared by the South East of England Regional Assembly. This Plan can be inspected at the Fareham Civic Offices or at www.southeast-ra.gov.uk
What is a Local Development Framework?
The Government has recently introduced a new planning system through the Planning and Compulsory Purchase Act 2004. This will mean that the current Fareham Borough Local Plan Review (2000) will be replaced by the Fareham Local Development Framework. The Fareham Local Development Framework will consist of a number of documents prepared in turn over the next few years. The Fareham Local Development Framework will aim to make sure that there is a balance between environmental, economic, social and housing needs throughout the Borough. Through continuous community participation the Framework will be shaped by the views and needs of residents and businesses throughout Fareham Borough
What is the "development plan" for Fareham Borough?
The current development plan for Fareham is the Fareham Borough Local Plan Review, adopted in June 2000. Over the next few years this will become replaced by the Fareham Local Development Framework.
How will the Fareham Local Development Framework be prepared?
The Fareham Local Development Framework will be prepared by Planning Officers at the Borough Council. The Fareham Local Development Framework will be prepared in accordance with the Planning and Compulsory Purchase Act 2004 and follow advice and guidance in the South East Plan. The Local Development Scheme sets out a Timetable of Preparation that has been approved by the Government.
How can I become involved in the preparation of the Local Development Framework?
With community participation at the heart of the new planning system, preparation of the Local Development Framework is an opportunity for you to be involved in planning the future of Fareham. The Statement of Community Involvement is a document detailing the approaches, methods and target audiences that the Local Authority will engage and consult with throughout the preparation of the Local Development Framework and in the determination of planning applications. If you would like to be consulted throughout the preparation of the Framework, please contact the Planning Policy Team. Progress of the Fareham Local Development Framework current consultations is constantly kept up to date.
What are Supplementary Planning Documents?
Supplementary Planning Documents are non-statutory documents which are not subject to independent examination yet are subject to a thorough process of public consultation. They can also be ‘material considerations’ when making decisions about new development. Supplementary Planning Documents will supplement policies and proposals in the Development Plan Documents and may take the form of site development briefs, or issue-based documents.
Where can I find the Proposals Map?
The proposals map is a graphical representation of the policies within the Local Plan and is available via the Planning Portal website (this is an external hyperlink).
Useful Emergency Planning Related Websites
The following are links to other external sites in alphabetical order that you might find useful:
| Business Continuity Institute | www.thebci.org |
| Cabinet Office | www.cabinetoffice.gov.uk/ |
| Emergency Planning College | www.epcollege.gov.uk/ |
| Emergency Planning Society | www.the-eps.org |
| Environment Agency | www.environment-agency.gov.uk/ |
| Floodline (Environment Agency) | www.environment-agency.gov.uk/subjects/flood/826674/ |
| Hampshire County Council Emergency Planning | www.hants.gov.uk/hcc/emergency/ |
| NHS Direct | www.nhsdirect.nhs.uk |
| Regional Resilience Teams | www.goyh.gov.uk/resilience/default.htm |
| Teachernet | www.teachernet.gov.uk/emergencies |
| The Red Cross | www.redcross.org.uk/firstaid |
| UK Resilience | www.ukresilience.gov.uk |
Return to Emergency Planning Introduction page
Frequently Asked Questions
What do the Planning Enforcement team do?The team investigates allegations of breaches of planning control including: unauthorised development, or uses; unauthorised works to a listed building - both internal and external works; unauthorised display of advertisements; non-compliance with conditions of planning permissions; and, untidy sites where these are considered detrimental to local amenity unauthorised work to trees which are protected or are located in conservation areas N.B Works to trees which are protected or are located in conservation areas without the consent of the local planning authority is an offence.
What is the extent of planning controls?
Planning controls relate to any development. The definition of ''development'' for the purposes of the Town and Country Planning Act 1990 is considered to include "carrying out of building, engineering, mining or other operation in on or under land or the making of a material change of use of any building or other land". (N.B all mining and waste planning issues are dealt with by the County Council).
Do you require planning permission for all development?
No, many minor developments are exempt from the need for planning permission by the Town and Country Planning (General Permitted Development) Order 1995. You should always contact the local planning authority to find out if you need planning permission before commencing any development
Is it an offence to undertake development without permission?
No, under the Act it is not considered to be an offence to fail to comply with planning controls, although you are advised to contact the local planning authority prior to carrying out works which might require approval. Should a local planning authority consider it expedient to issue an enforcement notice against a development which is unauthorised then non-compliance with this notice is an offence, for which the maximum fine is £20,000.
What happens if a condition on a planning permission is not complied with?
The local planning authority has the power to issue a breach of condition notice against which there is no right of appeal. It is an offence not to comply with such a notice. This offence maybe prosecuted in the magistrates court with a maximum fine of £1,000.
Is it an offence to undertake works to a listed building?
Yes, if these works are considered to affect the character and integrity of the building.
Is it an offence to display an advertisement without consent
Some advertisements are exempt from the need for express advertisement consent. Advertisements which do not require consent are those which enjoy deemed consent under the provisions of the Town and Country Planning (Control of Adverts) Regulations 2007. Booklets and advice can be obtained from the Local Planning Authority.
What information is required for an alleged breach to be investigated?
Address of land or building where breach alleged Details of alleged breach Complainant contact name and address and telephone number. Any additional relevant information/other interested parties
How do I report an alleged breach?
by completing and submitting a Complaint Form which can be found on this page on the website. http://www.fareham.gov.uk/council/departments/devcontrol/complaint.asp. Please note that you will be required to provide your name, address and telephone number for any complaint to be investigated. Your details will be kept confidential. Complaints can also be made in writing to the address shown below. Department of Development Control Fareham Borough Council Civic Offices Civic Way Fareham PO16 7TT
What are the stages of an investigation?
Complaint registered and acknowledged - 4 days First site visit made - 10 days Complainant will be kept informed of progress with investigations.
What action may be taken where a breach of planning controls is found to be occurring?
Once a complaint has been investigated and a breach identified, depending on the severity of the breach a number of things may happen: negotiate a satisfactory solution seek a retrospective planning application if no application is forthcoming or the breach is serious then an enforcement notice may be issued In the case where significant harm is being caused by the breach it may be appropriate to issue a stop notice in conjunction with an enforcement notice or seek a legal injunction to stop the unauthorised activities. It is important to note that the enforcement of Planning Control is a discretionary power and in some circumstances it may not be expedient to take action
Is there a right of appeal?
On an enforcement notice, listed building enforcement notice and an advert discontinuance notice, there is a right of appeal. The appeal is made to the Planning Inspectorate. .
Is there a period after which development becomes immune from enforcement action?
Yes, The period within which planning enforcement action can be taken is limited to: 4 years for operational development and change of use to any building for use as a single dwelling house 10 years for all other changes of use and breaches of conditions If you wish to confirm that development is immune from planning enforcement action, you are advised to make an application for a Certificate of Lawfulness.
What is the role of the planning system?
The purpose of the planning system is to control the use and development of land in the public interest. In carrying out this purpose, the system aims to balance the need for growth with the protection of natural and historic resources and quality of life. The current planning framework is based upon a variety of central government Acts, regulations and guidance, intended to produce what is known as "the plan-led system". Its objectives are to ensure rational, speedy and consistent decisions, achieve greater certainty and secure public involvement in shaping planning.
What is the link between the planning policy and planning applications?
The plan-led system requires that all planning applications must be determined in accordance with the contents of the Development Plan for the area, unless what are known as "material considerations" indicate that a different view should be taken.
What is a Development Plan?
A development plan contains the overall land use and development strategy for the Borough and specific planning policies that will help to deliver the strategy, and provide a framework for Development Control decisions. This is the key document that is used by development control officers assessing, and the Planning Development Control Committee determining, planning proposals and applications. Policies are included in the Plan in order to translate government and regional and planning guidance, and policies of the South Hampshire Strategy, into the local context, address important local issues or provide any necessary site specific advice.
What is the South East Plan?
The South East Plan sets out the planning framework for the south-east region and is being prepared by the South East of England Regional Assembly. This Plan can be inspected at the Fareham Civic Offices or at www.southeast-ra.gov.uk
What is a Local Development Framework?
The Government has recently introduced a new planning system through the Planning and Compulsory Purchase Act 2004. This will mean that the current Fareham Borough Local Plan Review (2000) will be replaced by the Fareham Local Development Framework. The Fareham Local Development Framework will consist of a number of documents prepared in turn over the next few years. The Fareham Local Development Framework will aim to make sure that there is a balance between environmental, economic, social and housing needs throughout the Borough. Through continuous community participation the Framework will be shaped by the views and needs of residents and businesses throughout Fareham Borough
What is the "development plan" for Fareham Borough?
The current development plan for Fareham is the Fareham Borough Local Plan Review, adopted in June 2000. Over the next few years this will become replaced by the Fareham Local Development Framework.
How will the Fareham Local Development Framework be prepared?
The Fareham Local Development Framework will be prepared by Planning Officers at the Borough Council. The Fareham Local Development Framework will be prepared in accordance with the Planning and Compulsory Purchase Act 2004 and follow advice and guidance in the South East Plan. The Local Development Scheme sets out a Timetable of Preparation that has been approved by the Government.
How can I become involved in the preparation of the Local Development Framework?
With community participation at the heart of the new planning system, preparation of the Local Development Framework is an opportunity for you to be involved in planning the future of Fareham. The Statement of Community Involvement is a document detailing the approaches, methods and target audiences that the Local Authority will engage and consult with throughout the preparation of the Local Development Framework and in the determination of planning applications. If you would like to be consulted throughout the preparation of the Framework, please contact the Planning Policy Team. Progress of the Fareham Local Development Framework current consultations is constantly kept up to date.
What are Supplementary Planning Documents?
Supplementary Planning Documents are non-statutory documents which are not subject to independent examination yet are subject to a thorough process of public consultation. They can also be ‘material considerations’ when making decisions about new development. Supplementary Planning Documents will supplement policies and proposals in the Development Plan Documents and may take the form of site development briefs, or issue-based documents.
Where can I find the Proposals Map?
The proposals map is a graphical representation of the policies within the Local Plan and is available via the Planning Portal website (this is an external hyperlink).
.|.
.|.
.|.
.|.
Fareham Borough Council, Civic Offices, Civic Way, Hampshire, PO16 7AZ
Tel: +44 (0)1329 236100 | Mobile Text/Photo: 07876 131415 | Fax: +44 (0)1329 821770
