FREQUENTLY ASKED QUESTIONS - ENFORCEMENT

1	Q. My neighbour is building an extension or doing other alterations to their property and I have not seen any advertisement about this. What are the Council going to do?
		A. Planning Permission may not have been required. You are advised to complete the Complaint Record Sheet so that we can investigate the matter further.

2	Q. My neighbour is building an extension or doing other works to their property which affect my land as it involves digging right on the boundary/using my wall or the shared wall for support or have gutters and other pipe work overhanging the property boundary. What are the council going to do about it?
		A. We can investigate the development if you fill in the Complaint Record Sheet, however these matters tend to be a civil matter between the interested parties. You may have to contact a solicitor. A useful document is the Party Wall Act (ODPM) which provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavating near neighbouring buildings. In addition, please refer to our section on boundary disputes and ownership of land.

3	Q. I am being disturbed by the noise of the builders starting work early in the morning.
		A. This is not normally a planning matter and should be referred to Environmental Health. Please telephone 01983 823000.

4	Q. I want to know the identity of the person who has complained about me.
		A. We cannot give you this information.

5	Q. Why are you picking on me when I know of other examples where the same thing is going on elsewhere on the Island?
		A. There are of course some criterion directed at reactive complaints and complaints motives may not be purely planning based. Nevertheless rest assured that you are not selected and we will provide the same service to you if you identify the possible breaches of planning control.

6	Q. What is being constructed is not what I recall having seen when the plans were originally on display. How has this occurred?
		A. It is a matter we may need to investigate, the plans may not have changed and what they are building may be unauthorised. Come into the office and look at the approved plans or fill in the Complaint Record Sheet.

7	Q. Why has the investigation taken so long – nothing has been resolved and the breach is still there?
		A. There may be no excuse for it taking so long so please contact us. However, as the system works it is in the developer’s interest to take his time and without taking formal action the retrieval of information can be time consuming, especially if the breach is intermittent.

8	Q. Why does the Enforcement Notice procedure take so long?
		A. This process is governed by law and is out of our control. It is not unusual for an appeal to take six months.

9	Q. Will my name be disclosed to any person I complain about?
		A. No, it will be kept confidential at all times.

10	Q. Where can I go if I am unhappy with the rate of progress in resolving the breach of planning control or with the decision of the Council?
		A. In the first instance please contact us to see if a line manager can help. If you remain unhappy you can follow our internal complaints procedure or contact the Ombudsman: Local Government Ombudsman The Oaks, 2 Westwood Way, Westwood Business Park Coventry CV4 8JB Telephone: 01904 663200

Page last updated on: 21/07/2009