Report a planning breach or incident
It may be necessary to take enforcement action where operations or works are found which are either not compliant or unauthorised and unacceptable in planning terms.
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.
We aim to prevent unauthorised operations from happening, and minimise the environmental effect of permitted operations through more regular inspection, and liaison with operators and local communities.
Compliance monitoring inspections are pre-arranged and carried out jointly with site operators.
A report of the findings is forwarded to the operator which highlights any problems identified and suggests any remedial action needed to maintain compliance with the approved plans and planning conditions.
The site owner or operator is responsible for submitting details and complying with time-limits required by minerals and waste permissions. We 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 help in the monitoring process by providing a forum for overseeing the development’s progress and an opportunity to consider any complaints received.
Enforcement
A Minerals and Waste Enforcement Protocol was approved in 2002 reflecting the aims and objectives of the Environmental Services Enforcement Concordat approved in 1999.
We are committed to policies and procedures aimed at protecting the public and the environment.
We aim to work in a fair, practical and open manner, help all those we meet and provide a contact and telephone number for further enquiries.
Enforcement helps to secure 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 taken 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. We will take firm action, including prosecution where appropriate, against those who flout the law or act irresponsibly.
We work with legal officers as well as other authorities and agencies as necessary, particularly the district councils and the Environment Agency.
Our 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 us can be made available to any interested person by the monitoring and enforcement officers.
District and borough councils are responsible for maintaining the register of Enforcement Notices, Stop Notices and Breach of Condition Notices served by us.
The local enforcement plan
The local enforcement plan sets out the enforcement and site monitoring service that businesses and the public can expect from us. The plan is intended as a guide to how we deal with alleged breaches of planning control and its proactive role in periodic inspection and monitoring of minerals and waste sites within the county. The Local Enforcement Plan is attached to this page.
Our developments
We also deal with applications for our own development. Where permission is given, we also aim to monitor these developments to ensure compliance with the conditions attached to the permissions.
Contact us
The monitoring and enforcement team may be contacted during normal office hours by contacting Call Derbyshire telephone: 01629 533190.
Please state that your concern relates to a minerals, waste or county council development and give clear information about the site which is of concern to you and the nature of that concern.
Email planning.enforcement@derbyshire.gov.uk
Write to:
Derbyshire County Council
Planning Services
County Hall
Matlock
Derbyshire
DE4 3AG
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 to keep their identity confidential we will maintain this confidentiality as far as is possible.