Once a site has been through the planning process and the developer has been given planning permission to develop the site subject to conditions.
The planning department can take action where these conditions are breached. The council do this by responding to complaints in line with the council’s planning enforcement policy.
Complaints are given a priority and investigated according to that priority. All complaints will be investigated. The purpose of planning enforcement is to achieve compliance with the conditions. Prosecution is always a last resort.
Planning conditions relate only to the site to which the planning permission has been granted, they do not related to land outside of this site.
During the planning process, a construction environmental management plan will usually be put in place which is designed to limit as far as is practical and reasonable the impact of noise, dust and vibration coming from the site and mud and dirt being left on the neighbouring streets. Some disturbance and inconvenience is inevitable, however if you feel that the impact of any of the above is excessive then you should report it.
To achieve the best outcome, it is essential that residents cooperate with the Environmental Team by assisting in the collection of evidence about the issue by completing daily diary notes and, if requested, give permission for the council to install monitoring equipment in your home, as well as allowing officers into your home to monitor the site.
If the council has to take enforcement action then it must be able to produce to the court these daily diary notes from the residents and the results of any monitoring from their homes.
Health and Safety
Health and Safety is primarily about keeping people safe.The responsibility for keeping employees and members of the public safe lies with the company employed on site. The company will be required to produce risk assessments and work instructions and employees are required to follow their company’s procedures to ensure risks are adequately mitigated.
The enforcement agency for a construction site is the Health & Safety Executive (HSE).
The HSE will investigate complaints received from employees or they will investigate the circumstances of an accident at work where it fits their priorities.
In some circumstances where the health and safety of members of the public are compromised by a work activity they will also investigate.
Lorries from construction sites are entitled to utilise Highways maintained by Lancashire County Council.
The Police are responsible for matters relating to dangerous driving or obstruction. All incidents of dangerous driving or obstructive parking should be reported to the Police.
It is possible that extended use by construction traffic may accelerate the deterioration of highway construction and inappropriate vehicle movements such as footway overrun may result in damage. If you notice any damage to the highway you should report this to Lancashire County Council.
If you notice any damage to the highway and pavements and blocked highway drains you should report this to Lancashire County Council.
Unacceptable behaviour by complainants
Residents have a right to ask questions of various agencies involved in the management of the above site.
They do not have the right to be involved in anti-social behaviour against employees working on the site or towards officers of agencies investigating their complaint. Any such incident will be investigated and appropriate action will be taken.
Under no circumstances should complainants threaten employees or officers working for an agency, such incidents will be dealt with by the Police.