Monitoring and enforcement

We also investigate complaints relating to minerals and waste matters.

Where operations or works are found which are either not compliant or unauthorised and unacceptable in planning terms then it may be necessary to take enforcement action. 

Monitoring

Minerals and waste sites are monitored to ensure that they are operating in accordance with the approved plans and planning conditions, including the provisions for restoration and aftercare.

By more regular inspection, and liaison with operators and local communities, our aim is to prevent unauthorised operations from taking place, and to minimise the environmental impact of permitted operations.

Compliance monitoring inspections are pre-arranged and carried out jointly with site operators.

A written report of the findings is forwarded to the operator which highlights any problems identified and suggests any necessary remedial action necessary to maintain compliance with the approved plans and planning conditions. 

The responsibility for submitting details and complying with time-limits required by minerals and waste permissions lies with the site owner / operator. We will however aim to remind them of the need to submit any outstanding details required by these permissions as part of the monitoring process.

On major sites, local liaison committees assist in the monitoring process by providing a forum for overseeing the progress of the development and an opportunity for consideration of any complaints received.

Enforcement

A Minerals and Waste Enforcement Protocol was approved in 2002 reflecting the aims and objectives of the earlier Environmental Services Enforcement Concordat approved in 1999.

We are committed to policies and procedures which are aimed at protecting the public and the environment. We aim to carry out our work in a fair, practical and open manner, help all those whom we meet in carrying out our work and provide a contact name and telephone number for further enquiries.

Enforcement assists in securing compliance with planning conditions on authorised developments.

It seeks to ensure that preventative or remedial action is taken where unauthorised operations have taken place on sites without planning permission, with the aim of protecting the environment and minimising any harm to amenity having regard to the provisions of the Development Plan and any other material considerations.

We will be careful to ensure that any enforcement action we take is proportionate to the damage and risks to the environment and the amenity of residents and businesses caused by breaches of planning control.

We will usually try to resolve a planning problem through voluntary agreement with the people responsible, but the council will take firm action, including prosecution where appropriate, against those who flout the law or act irresponsibly.

We liaise with legal officers in the County Secretary’s department, as well as other authorities and agencies as necessary, particularly the district councils and the Environment Agency. 

Council officers have legal rights of entry on to land to investigate possible breaches of planning control under the Planning Acts. When necessary, these rights will be explained to landowners and operators. Any person who prevents an authorised officer gaining access to land may be held liable to prosecution. 

Details of the discretionary enforcement powers available to the council can be made available to any interested person by the monitoring and enforcement officers.

Details of Minerals and Waste Enforcement Notices issued by the council will be made available to view shortly on our website.

However, the district and borough councils are responsible for maintaining the register of Enforcement Notices, Stop Notices and Breach of Condition Notices served by Derbyshire County Council. Links to all district and borough council's are available at the bottom of the Planning in Derbyshire page.

County Council Development

The Planning Control Section also deals with applications for the county council’s own development. Where permission is given, we also aim to monitor these developments to ensure compliance with the conditions attached to the permissions.  

How to contact us

The monitoring and enforcement team may be contacted during normal office hours by ringing Call Derbyshire on 08456 058 058. Please ensure that you state that your concern is in relation to a minerals, waste or county council development and provide clear information about the site which is of concern to you and the nature of that concern.

You can also contact us by completing the "Reporting minerals, waste and County Council development problems (opens in a new window)" form.

Or by writing to:

The Monitoring and Enforcement Team
Planning Control
Derbyshire County Council
Environmental Services Department
Shand House
Dale Road South
Matlock
Derbyshire
DE4 3RY

Please also note that if your complaint is in respect of fly-tipping you should contact your district council.  

We aim to investigate all complaints fully and promptly. At each stage of the investigation, we will aim to keep the complainant advised of what is happening with a view to satisfactorily resolving the matter at the earliest opportunity. Should complainants wish their identity to remain confidential we will maintain this confidentiality as far as is practicable.