What does the Compliance Service do?

The integrity of the planning system depends upon the Authority’s readiness to achieve compliance with planning law and planning permission decisions. Public confidence is undermined if unauthorised building, mining or changes of use take place without planning permission first being obtained. The objective of the compliance service is to bring such activities under control at the earliest opportunity.

The Authority can investigate the following breaches of planning control:

  • Development (i.e. building works or a change of use of land) which requires planning permission but work has proceeded without permission;
  • Development which has proceeded contrary to plans approved by the Authority as part of a planning permission;
  • Development which has proceeded contrary to conditions imposed by the Authority as part of a planning permission;
  • Engineering operations such as the raising or lowering of ground levels and formation of earth bunds; carried out without the benefit of planning permission.
  • Unconsented alterations to Listed Buildings;
  • Unconsented demolition of structures in a Conservation Area;
  • Advertisements whose display requires consent but consent has not been obtained;
  • Untidy properties which can be viewed from a public area and are having a detrimental effect on the wider area.
  • Unauthorised works to a tree protected by a Tree Preservation Order or works carried out to trees within a Conservation Area.
  • Failure to comply with Section 106 Agreements/undertakings.

Report a planning breach

If you would like the Authority to investigate a possible breach of the planning rules, we must be provided with as much detail as possible about alleged breaches. The Authority will always refer people to submit their concern online via the Authority’s website or to formally write to the Authority. General emails and concerns received by telephone will no longer be investigated.It must also be noted anonymous concerns will not normally be investigated.

You may contact us with your concerns in one of the following ways:

By completing an online form:

Report a Planning Breach

The following is the minimum amount of information necessary to enable us to undertake an effective investigation:

  • your name, address (postal or e-mail) and contact telephone number should be provided, this is in order that a response, setting out any action that we have taken, or propose to take, can be given.
  • the name of the person or company undertaking the alleged unauthorised works or activities.
  • the address of the building or site (a location plan/grid reference will be helpful).
  • details of any relevant planning permission for the development of the land.
  • the nature of the alleged breach, when it first occurred (dates and times), whether it is continuing and the frequency of the activity; and
  • details of the problems being caused; for example, visual impact, noise, smells, traffic generation etc.

If you register a complaint with the Authority, you can be assured that:

  • Your confidentiality is maintained unless a judge or magistrate compels disclosure;
  • A written acknowledgement of the complaint received is provided within 10 working days of receipt;
  • An invitation is given to comment on any application for planning permission arising from the complaint; and
  • You will be notified of the outcome of the complaint.

In writing:

 Letters should be marked “Confidential – Not to be Released” and addressed to the:

Principal Planning Officer (Compliance)
Eryri National Park Authority
National Park Office
Penrhyndeudraeth
Gwynedd
LL48 6LF

 

What action will the Authority take once I have reported a planning breach?

When acting upon a complaint received, we will investigate the matter by collecting information and conducting site inspections. We will discuss the matter with the person/company involved, however we won’t release any information which could identify you.

If our investigation reveals that planning rules have been breached, the person/company involved will be informed of what action is required to remedy the situation, and when this must be done by.

The Authority has a range of powers to deal with suspected or actual breaches of planning control, ranging from an informal written warning to enforcement notices and sometimes injunctions. For each individual case, we will make an assessment of which power is best suited to achieving a satisfactory, lasting and cost-effective remedy.

Where the breach is deemed minor with no significant impact it is important to remember that planning enforcement is a discretionary power, and good planning is not served by the pursuit of unimportant breaches of control. This means that we have to decide on a case-by-case basis whether it is in the public interest to take enforcement action. Action does not therefore have to be taken in respect of every identified breach of planning control, and in most instances, it would be inappropriate to take formal action against a trivial or technical breach of control which causes no harm to amenity in the locality of the site.

For further information, please refer to our Compliance Policy

 

Compliance Policy

 

*The Compliance Policy outlines how the Service categorises complaints (with timescales for investigation), the conduct of site visits and an explanation of different enforcement action that can be taken.

 

When planning enforcement action is not possible

Certain minor works or activities do not require planning permission, for example, internal works to buildings, or external works that do not significantly alter their appearance. Furthermore, other building works are defined as permitted development, and as such a formal application for planning permission is not required. For example, extensive permitted development rights are available to householders in order that domestic properties can be altered or extended without the need to seek our permission beforehand.

We will not be able to take enforcement action in the following cases;

  • If the development does not need permission.
  • If the development already has the necessary permission.
  • Where work has become immune from action through the passage of time (4 / 10 year rule), even if it did not have permission in the first place.
  • Disputes over boundary / parking / land ownership / breach of covenant / right to light issues.

Where a non-planning issue is identified we will pass the complaint to the relevant department of the Authority or other body to investigate