Monitoring and Enforcement

Monitoring

The County Council carries out regular monitoring of over 250 permitted minerals and waste development sites in Hampshire to seek to ensure that operations are being carried out in accordance with planning permissions (and the conditions and legal agreements attached to them), and that details required to be submitted under conditions following the grant of planning permission are received and determined at the appropriate time.

Monitoring and enforcement duties are set out in the County Council’s Development Control Charter. This requires that all active minerals and waste sites are to be visited at least four times a year, inactive sites at least once a year, and complaints responded to within two days. The frequency of visits is dependent on the complexity of the operations; the stage they have reached; the need to monitor particular activities; and the staff resources required in consultation on submissions, enforcement and dealing with complaints. New regulations governing monitoring fees for the monitoring of mining and landfill sites (the Town & Country Planning (Fees for Applications and deemed applications) (Amendment) (England) Regulations 2006) have been introduced.

As part of a commitment in the Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan the Council has to prepare regular monitoring reports on minerals and waste. The annual report for 2004/05 is available to view online.

Enforcement

Where breaches of planning control or other problems occur these can usually be resolved by negotiation (informal action) leading to resolution of the breach or the submission of a planning application to regularise the breach. However, formal enforcement action is taken where there is a clear planning contravention and such action is necessary. This may include serving a Planning Contravention Notice (PCN), an Enforcement Notice (EN), a Temporary Stop Notice (TSN), a Stop Notice (SN) or a Breach of Condition Notice (BCN) depending on circumstance and/or whether it is deemed expedient to do so.

Please note, the County Council is not responsible for fly tipping offences.

Complaints

If you consider that a breach of planning control is occurring at a minerals or a waste site, or a minerals or waste activity is occurring at an unauthorised site, you should contact a monitoring officer, or use our online complaints form.

Breaches of planning control should be reported as soon as possible. This will allow the County Council to investigate and remedy the problem without delay. Any complaints received, whether it concerns permitted sites or unauthorised activity, will be investigated and the complainant will receive a response explaining what, if any, action has or will be taken. Enforcement action may be taken where appropriate to remedy a breach of planning control.

Complaints about the operation of permitted sites and about alleged unauthorised minerals and waste development are investigated, and landowners, operators and complainants are advised of the planning position and any requirements normally within 24 hours. Over 50% of the complaints relate to breaches of condition at authorised sites. Complainants will be treated confidentially as far as practical. The County Council works closely with the Environment Agency and with District and Borough councils Enforcement Officers and Environmental Health Officers where such operations may be subject to controls other than under the Planning Acts.