Working in partnership Just Do It Shona Archer Planning Enforcement Manager
Working in partnership Planning Enforcement The investigation of breaches of planning control and their resolution • Close links to development management teams • Large scale and high profile service • High levels of expectation • Wide variation of complaint/breaches reported
Working in partnership Working with Parish Council’s • Telephone conversations, emails and meetings • Parish Councils can assist by reporting unauthorised development • Parish can also help manage community expectations regarding pace and length of investigation and outcomes/compliance • Members can be a link/point of liaison between officers and the parish
Working in partnership Information available to Parish Councils Currently: • The Contravention list – a quarterly report to planning committee • Officers/Members • Parish is notified when it is the complainant • Register of enforcement notices • Receives a copy of the notices issued Option Being explored: • An online enforcement register
Working in partnership Enforcement Strategy • Chichester and the SDNPA have adopted an enforcement strategy/guide • Complaints can be made on line! • Prioritisation of cases: 1. High - listed buildings, ancient monuments, TPO’s, encampments - 2 (1) working days 2. Medium - serious loss of amenity, works in conservation areas, ‘immunity’ cases - 10 working days 3. Low - minor householder development, fences, adverts - 20 (15) working days • Notifications
Working in partnership
Working in partnership High Priority
Working in partnership Medium Priority
Working in partnership Low Priority
Working in partnership How long do we have to enforce? s171B of the Act 1990 4 Years 10 Years • Building operations • Changes of use • Engineering operations • Failure to comply with • Use of building as a planning conditions dwellinghouse
Working in partnership Enforcement Powers Planning Contravention Notice Enforcement Notice Temporary Stop Notice Breach of Condition Notice Section 215 Notice Prosecutions Stop Notice Court Injunction Direct Action
Working in partnership Things to note • Range of ways of tackling alleged breaches • LPAs should act in a proportionate way • LPAs have discretion to take enforcement action • Expediency based on development plan, material considerations and enforcement strategy • National Planning Policy Framework paragraph 207 • Human Rights - Article 1 of the First Protocol, Article 8 and Article 14 - health, housing needs and welfare • Unauthorised v Offence
Working in partnership Some Statistics! Number of cases on hand 442 Total number of cases received last year 621 Number of formal notices issued = 59 ( CDC 40 & SDNP 19 ) Notices EN = 42 BCN = 7 TSN = 4 s215 = 3 s225A = 3 As of June 2017
Working in partnership Direct Action • After • Before Stubcroft Farm
Working in partnership Decoy Farm • After • Before
Working in partnership So why does it take it so long?
Working in partnership The Appeal Process Appeal Types: Written Representations (WR) Hearing (H) Direct Action Public Inquiry (I) Application Enforcement Court Challenge Action of Inspectors Decision Prosecution in Magistrates Court High Court Injunction Court of Appeal House of Lords European Court of Human Rights
Working in partnership The Team Reg Hawks Shona Archer Steven Pattie Sue Payne Nik Woodworth Emma Kieranserans
District divided by Parishes LN1 NC PS13 ML4 LM9 7 LG7 LX11 EN1 KD8 FH18 RG1 WO 5 LD8 1 PW18 EB8 TL3 WR SJ9 HT6 8 TY0 MI 18 WL S FT EL 1 HY DN CP4 CK3 M G3 4 ES4 3 BP1 1 5 BV BY7 ED3 1 SO UW MA Steven SE5 WD4 4 00 BG SN2 BX6 1 ER0 WE1 FU20 LV7 WH 5 1 TG16 SB32 Sue BO2 CC121 3 FB11 O9 CH W AP 10 T 3 HN NM11 D8 8 Emma B I1 SI25 WI 8 SY40 5 EW E WW B24 9 15
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