Monitoring and Enforcement

Monitoring

The County Council is responsible for investigating possible breaches of planning control arising from unauthorised development and non compliance with planning permissions for minerals working and waste treatment and disposal operations. It also deals with development related to the services it provides, such as education facilities and highway schemes. These types of development can have significant impact on the environment and local communities because of their nature, scale, duration and location.

When planning permission has been granted, the County Council recognises that the confidence of residents and businesses can be undermined if it is then takes place without regard to detailed plans that have been approved, and/or controls that have been imposed. To ensure that developments proceed properly, we monitor sites on a regular basis.

Enforcement

There may be occasions when development takes place without the benefit of planning permission or in breach of planning conditions. In considering enforcement action, the Council has to have regard to Government guidance. This says that the action taken should always be proportionate to the breach of planning control. The decisive issue therefore, is whether what has occurred unacceptably affects public amenity or the existing use of land and buildings such that remedial measures are necessary.

It will usually be inappropriate, for instance, to take formal enforcement action against an insignificant or technical breach of control that causes no harm to amenity. Where there is no significant planning objection or environmental harm we will try to persuade the developer to seek necessary consent, carry out remedial works and take positive steps to prevent any re- occurrence. On the other hand, where a breach of planning control has taken place and serious harm to public amenity has been caused, the Council will normally take formal enforcement action to rectify the situation and prevent further harm.

Further information about specific action we have taken can be viewed on the Enforcement register.

If you wish to contact the Council about a suspected breach of planning control it will be helpful if you could supply as much information as possible. Complaints will be kept confidential unless you otherwise agree. An on -line development complaint form is available. Please complete the Reporting Development Complaint Form if you would like to report a complaint or problem about a site or operation.

The County Council has agreed the principles of the Enforcement Concordat laid down by Central Government Cabinet Office. The Enforcement Concordat is a code that sets out what business and others can expect from officers employed by Durham County Council. It demonstrates local authority regulatory competence and good practice commitment to a fair and safe environment.

Enforcement Concordat.pdf (4 pages, 22kb)

Enforcement Concordat Good Practice Guide.pdf (46 pages, 429kb)

Appeals

Even if the Council has issued an enforcement notice, that is often not the end of the matter. Those served with an enforcement notice have a right of appeal to the Secretary of State. This has the effect of suspending action until the appeal has been decided. However, if someone fails to comply with a valid notice, once the period to comply has expired, it is a criminal offence for which they can be prosecuted in the Courts.

How to Contact Us

The Monitoring and Enforcement Unit is part of the:

Planning Development Control Team
Environment
County Hall
Durham
DH1 5UQ
Tel: 0191 3835698

Email: Development Control