Making a complaint
The Council relies on members of the public, town and parish councils and other parties to bring suspected breaches of planning control to its attention. Anyone who suspects a breach of planning control, is encouraged to initially check the Public Access for planning to ascertain whether a permission or consent has been granted for the property, and if so, to view the approved details and conditions.
Details of conservation areas, listed buildings and protected trees, together with a wide range of planning information relating to individual properties, can also be accessed via a My Property search on the Council’s website. Building Regulations applications can also be found on My Property. The Planning Portal is also a useful source of general information on the planning system and permitted development https://www.planningportal.co.uk
Complaints relating to planning enforcement matters should be submitted in writing via the form on the Council’s website: Report a Planning Breach.
If you can’t access the Council’s website, assistance can be provided please call our Customer Services on 01322 343434.
The Council will make reasonable adjustments to assist complainants if they have a disability that prevents them from making their complaint in writing.
If a disability prevents you from making your suggestion or complaint in writing, you can call our Customer Services on 01322 343434. We welcome calls via NGT Relay.
For matters relating to breaches within the Ebbsfleet Development Corporation area please email EDCplanning@ebbsfleetdc.org.uk or call 0303 444 8832.
As a minimum, the following information should be provided when a breach is reported:
- Name, address, telephone number and e-mail address of the complainant;
- A precise description of the suspected breach and site address;
- Details of when the breach was first noticed;
- Other relevant background information, such as photographs;
- The effect of the suspected breach on you and local amenities;
- The action the Council is being asked take
Anonymous complaints
These will only be accepted in exceptional circumstances, where the information provided clearly describes the suspected breach and demonstrates an unacceptable effect on public amenity or the existing use of land and buildings or are a matter of public safety. Anonymous complaints which appear to be motivated by non-planning issues such as business competition or personal animosity will not necessarily be investigated. Anonymity makes it more difficult for the Council to properly investigate and understand complaints, and to provide appropriate responses or redress. Furthermore, the Council is required to maintain an audit trail during the course of an investigation.
The Council may record and investigate anonymous complaints, but it encourages names and addresses, so it can report back to the informant (see ‘Confidentiality’ below).
Repeat complaints
These will only be investigated where new information is submitted or it is demonstrated that a change in circumstances has occurred since closure of the previous case.
Confidentiality
The identity of the person making the complaint is normally kept confidential, in accordance with the provisions of General Data Protection Regulations (GDPR) unless the Council is required to release it by law. If a case proceeds to an appeal or a prosecution and if the Informant’s evidence is part of the case, then anonymity cannot be guaranteed.
Complaints will be acknowledged in writing, within 3 working days of receipt, giving contact details for the enforcement team. If we cannot deal with a complaint under planning powers we will, if appropriate, forward it to the relevant Council department, or the relevant external agency, or advise you of the relevant body you should contact.
Informants will be updated in writing, of key stages/events if there is anything meaningful to report in the investigation e.g. following the initial site visit and/or contact with the developer; submission of a retrospective application; or the service of formal enforcement action. If the Council concludes that there, is no breach or decides not to take action the reasons will be clearly explained to informants.
The Council will ensure that voluntary resolution of a breach does not become unreasonably protracted and will set and monitor expected timescales for taking action.
When considered expedient to do so, an Enforcement Warning Notice (EWN) may be served in accordance with the provisions of section 172ZA of the Town and Country Planning Act 1990. This notice, to which there is no right of appeal, may focus on how breaches of planning control can be rectified before more serious and punitive measures are taken.