How can I find out more?
To find out more about planning in general, including planning policy, the planning and appeal process, monitoring and enforcement of mineral and waste sites, please see answers to a number of frequently asked questions below. The answers to these Frequently Asked Questions (FAQs) should help with any queries, however should you require further help please contact us.
A full list of FAQs in relation to mineral, waste and general topics and issues are also available.
What is the difference between the County Council and District Councils as planning authorities?
Your District or Borough Council determines the vast majority of planning applications in your local area. The County Council is the Mineral and Waste Planning Authority and only determines planning applications for minerals developments and waste management developments. The County Council as a major provider of public services also determines planning applications for its own proposals (e.g. schools). This table provides further details on what the County and Districts are responsible for.
I want to make written representations on a planning application - what happens now?
All representations from the public will be taken into account when we are determining a planning application. Your letter or email of representation should be acknowledged by the County Council. Your name and address will be kept on a database and you will be informed at significant stages of the process - including when the proposal is going to Committee and when a decision has been made. In the event that we receive material objections to a proposal which cannot be overcome, it is likely that it will go before the Regulatory Committee for determination. The reasons for support or objection to a proposal will be reported to Committee
What factors does the County Council take into account when determining a planning application?
The County Council will take into account a number of different issues when determining a planning application. They must relate specifically to proposal in question and may include issues such as noise, dust, traffic issues and other environmental concerns. Most importantly applications are considered in accordance with the development plan unless material considerations indicate otherwise. For further help, see; Applications Help
When can a planning application be appealed?
The decision of the planning authority can be appealed by the applicant if it is refused or if the applicant does not agree with a condition attached to the decision. The applicant may also appeal if the planning authority does not determine their application within 8 weeks.
How can I get involved in the appeal process?
If you objected to the original proposal the County Council will send your letter directly to the Planning Inspectorate. The Inspectorate will take your representations into account when making their decision. The ways you can become more involved in an appeal will depend on the type of appeal. Please contact us for more information or visit the Planning Inspectorate’s website.
for further help, see; Appeals Help
What incidents are the County Council interested in?
If you suspect that the following planning breaches or any others may be occurring please contact us with information such as vehicle markings and registration and the times the activities occurred. We can also accept formal complaints online.
·Tipping of waste on land (not ·fly tipping)
·Extraction of minerals
·Storage and sorting of waste, e.g. the storage of skips loaded with waste
·Breaches of Planning Conditions
·Sites operating outside of permitted times
·Lorries depositing mud on roads when they leave a site
·Tipping of waste above the approved levels
·Sites not being properly restored
What action can the Council take?
If further action is required it will be through one of the below routes:
Planning Contravention Notice
This is served on landowners/operators to obtain information about a suspected breach of planning control. The information provided is used to decide whether further action is required. Failure to reply to the notice can lead to a fine of up to £1,000 upon conviction.
Breach of Condition Notice
This 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 and a £1,000 fine for each offence.
This is 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 will usually result in prosecution and the maximum fine is £20,000 for each offence.
A stop notice is issued with an enforcement notice to require a particularly harmful activity e.g. waste disposal, to cease. There is no right of appeal but if an enforcement notice appeal is made then the merits of the stop notice may be considered. Non compliance with a stop notice is an offence which carries a maximum fine of £20,000.
This is sought in the County or High Court to restrain persons from carrying out or continuing to breach planning controls. The contravention of an Injunction Order is a Contempt of Court and the Court can levy an unlimited fine or impose a custodial sentence.
As a last resort if a person continues to or cannot comply with the requirements of a notice the County Council can enter the land and undertake works in compliance with a notice. The cost would then be charged to the landowner, but in many cases would have to be borne by the Council at least in the short term.
For further help; see; Monintoring and Enforcement Help
What is minerals and waste planning?
Careful planning of minerals supply and waste management facilities is essential to enable the delivery of sustainable development, and manage potential impacts on the surrounding communities and the environment. Minerals and Waste planning involves preparing planning policy and the determination of planning applications for minerals and waste developments. In Hampshire, this includes sites for the extraction of sand and gravel, clay, chalk, oil and gas and waste developments such as recycling, composting, transfer, recovery, processing and landfill sites.
What is planning policy?
Planning policy is prepared by planning authorities to guide the amount, type, location and timing of development. Planning policy provides a framework for determining planning applications. For minerals and waste in Hampshire, Hampshire County Council has worked in partnership with other Hampshire Minerals and Waste Planning Authorities (Southampton City Council, Portsmouth City Council, the New Forest National Park Authority and the South Downs National Park Authority) to produce planning documents for minerals and waste. The most recently adopted plan is the Hampshire Minerals and Waste Plan (2013) For further help, see; Planning Policy Help
Tel: 0845 603 5634
Economy, Transport and Environment Department
Elizabeth II Court West
Planning Portal links
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