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Planning Enforcement

Development Management investigates possible breaches of planning control and aims to resolve these using the most appropriate means or action. The Development Management team is responsible for enforcing control for all planning matters including minerals in the Powys Local Planning Authority area (excluding National Park Areas).

What is a breach of planning control?

A breach of planning control is defined in the Town and Country Planning Act 1990 as:

"The carrying out of a development without the required planning permission or failing to comply with any condition or limitation subject to which planning permission has been granted".

Examples of breaches of planning control:

  • Building work, engineering operations and material changes of use, which are carried out without planning permission, where planning permission is required
  • Development which has planning permission but is not carried out in accordance with the approved plans
  • Failure to comply with conditions or the terms of a legal agreement attached to a permission or consent
  • Advertisements that require express consent under the Advertisement Regulations, but are displayed without consent being granted*
  • Demolition within a conservation area, without conservation area consent, when it is required*
  • Works carried out to a "listed" building, which affect its historic character or setting, without listed building consent being granted*
  • Failure to comply with the requirements of a planning legal notice (e.g.) enforcement, discontinuance, stop notice, etc*

*These items constitute an offence.

The Council will not become involved in matters that are purely neighbourly disputes and cannot become involved in boundary disputes.

What information do we need when you make a complaint?

  • We will need the precise location of the site or property to which the complaint relates
  • The exact nature of concern i.e. the potential breach of planning control
  • The identity of the person/ organisation responsible and the date and/or time the breach began
  • The complainant's details (name and address etc) are also required as anonymous complaints are not accepted. If you do not wish to divulge your details, then you can contact your local councillor and ask that they submit the complaint on your behalf
  • We require that all complaints relating to possible breaches of planning control are submitted with the mandatory complaint form for an investigation to proceed

How to make a complaint

Please let us know if you would like us to investigate a possible breach of planning control by completing the mandatory Planning Enforcement Complaint form.

Make a claim online Planning Enforcement Complaint Form

You can also  download the form. [56KB]  The completed form should be sent to: planning.enforcement@powys.gov.uk

Or by post to:

Planning Services,
Powys County Hall,
Spa Road East,
Llandrindod Wells,
Powys,
LD1 5LG.

 

What happens to your complaint?

  • We will acknowledge receipt of your complaint within five working days if a postal address or email address is provided
  • We will endeavour to inform you within 84 working days of receipt of your complaint how the Council intends to pursue the matter
  • More information about the enforcement process is available via the Welsh Government Development Management Manual.
  • Powys County Council's Enforcement Policy and Procedure is available at the following link : Planning Enforcement Policy and Procedure

Confidentiality & Data Protection

Every effort will be made to keep the identity of the complainant confidential. Please note that anonymous complaints will not be investigated.

Powys County Council is the data controller for the personal information you provide. Your information will be used in the exercise of our official authority and will not be used for any other purpose. We will not share your data with third parties unless we are required or permitted to do so by law.
Data protection law describes the legal basis for our processing your data as necessary for the performance of a public task. For further information about how Powys County Council uses your personal data, including your rights as a data subject, please see our corporate privacy notice on our website.

 

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