Enforcement powers are available when there is a breach of approval or the approval process.
What are the main criteria for enforcement action to be taken?
The main area for enforcement action would be ascertaining whether there has been breach of requirement for approval, which includes:
- Commencement of construction work without approval
- Condition of approval is breached
- Construction work does not conform to the approved proposals
What enforcement functions will be exercised?
To determine if there has been a breach of the requirement for approval the SAB may exercise powers of entry and issue a temporary stop notice.
What happens if there is a breach of requirement for approval?
If a developer breaches the requirement for approval the SAB may issue an enforcement notice. An enforcement notice may be given at any time before a drainage system for the construction work is adopted, but not later than 4 years after the breach has occurred. An enforcement notice may require the developer to take certain steps to rectify the breach.
Can an appeal be made against the enforcement notice?
The perpetrator will have the right to appeal this notice to Welsh Ministers.
How can I report a breach?
If you suspect a breach has taken place, please contact us.
We will need to know:
- The full address and post code of the site
- Full details of the activities that concern you
- When the activities started
- If known, the names and addresses of any owners, occupiers or companies involved
Whilst we will initially keep your complaint confidential, it may be necessary to disclose it if the matter reaches an appeal or goes to court.
More information about SAB