Planning law question:
Retrospective planning applications: A neighbour erected a wind turbine. Planning conditions placed on the development prevent noise disturbance, and prevent contractor from using a restricted byway for construction and maintenance. Enforcement action regarding breaches of planning conditions was requested, diary and video evidence submitted. Subsequently the turbine is proven to be built in the wrong place by an error of 12 %, or 30 meters. 3 months later the owner submitted a retrospective planning application. A month on this application remains technically invalid, and the advice is that no further enforcement action concerning noise and access will be taken. 1. Environmental Health officers are investigating if a statutory nuisance exists. Can the retrospective planning submission proceed whilst noise nuisance is investigated? 2. The enforcement officer has hinted that the owner wishes to seek amendments to the conditions. Can this happen? 3. The enforcement officer has confirmed that because the turbine now has no planning permission it follows that no planning conditions exist to enforce. 4. what is the timescale between a retrospective application being requested and a stop notice being issued? The turbine is still operating and still being maintained through all of this. Any legal observations and advice to end this mess is welcome.
Responses:
Jon Payne's response
To deal with these questions in turn, the powers of the EHO are different and separate to those of planning so yes, the planning application can still go ahead. If a determination is made by the EHO before the planning decision, then this does in practical terms have some effect.
As there is no planning permission in force, there are no conditions to enforce or to vary.
On the question of a stop notice, this is entirely at the discretion of the Council. They will have an enforcement policy and this is the best place to check what criteria they use for serving. Sometimes enforcement notices have to be approved by the planning committee so can take some time.
The quickest route to deal with the noise issues are probably through the EHO or you could take a private action yourself.
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