Planning Enforcement Phillip Rowson phillip.rowson@suffolkcoastal.gov.uk Tel: 01394 444442
Programme 1 Gathering Information 2 Time Limits & “Expediency” for Action 3 Human Rights 4 Notices and actions: • Enforcement Notices • Stop Notices • Temporary Stop Notices • Listed Building Enforcement • Breach of Condition Notices • Section 215 Notices • Injunctions and criminal action
Sources of Information • Town and Country Planning Act 1990 National Planning Policy Framework (TCPA) • National Planning Policy Guidance (Part 10) • Town and Country Planning (Development Management Procedure) Order 2010 . • Case law • Police and Criminal Evidence (PACE) Guidance: • SCDC Planning Enforcement Policy • RTPI Practice Advice Note 6; & Enforcement Handbook (2000) • Listed Buildings, Conservation Areas & Monuments by Charles Mynors
Background
Background • Section 57 – “planning permission is required for the carrying out of any development of land” • Section 55 – definition of development • The Town and Country Planning (General Permitted Development Order) 2015 (Schedule 2) – forms of development which do not require planning applications. • Town and Country Planning (Use Classes) Order 1987 – last amended 2015
Gathering Information
Gathering Information • Site visits • Town & Parish Councils • Requisitions for Information • Land Registry searches • Companies House • DVLA searches • Interviews • Aerial Photographs
Site Visits • Officers have rights of entry powers under for enforcement duties under • The Town and Country Planning Act 1990 • The Planning (Listed Building & Conservation Areas) Act 1990 • The Anti-Social Behaviour Act 2003, Part 8 • Officers must carry an ID card with their rights of entry on at all times • 24 hours notice needs to be given prior to entry to a dwellinghouse • If entry is refused or reasonably apprehended a Warrant of entry can be sought from a magistrates court • Two copies of the Warrant and an information will be required. • Access is a power for Council Officers alone not general public.
Requisitions for Information (RFI) • Section 330 TCPA 1990 • Can be served on the occupier of any premises and any person who directly or indirectly receives rent in respect of the premises • RFI may require information about - the nature of the recipient’s interest in the land and the name and address of any other person known to have an interest in the land - the purpose for which the premises are being used - when the use began - the name and address of any person known to have used the premises for that purpose • Return within 21 days • Failure to comply is an offence
Information gathering cont… • Planning Contravention Notice • s.171C – can serve a planning contravention notice where “it appears to the local authority that there may be a breach of planning control in respect of any land” • Can be served on the owner or occupier of the land or someone who has any other interest in it; or is carrying out operations on the land or is using it for any purpose • Not on Listed Buildings
Searches • Land Registry • http://www.landregistry.gov.uk/ • https://www.landregistry.gov.uk/www/wps/myportal/My_ Home • DVLA • VQ4 form • Companies House • http://www.companieshouse.gov.uk/
Others forms of gathering information • Interviews – Police and Criminal Evidence (PACE) • Photographs – Google street view – Ariel Photograph – Historic records held by the Council • Town & Parish Councils – You have a vital wealth of local knowledge
Breach of Planning Control
Breach of Planning Control “breach of planning control” means – a) Carrying out development without the required planning permission; or b) Failing to comply with any condition or limitation subject to which planning permission has been granted Section 171A - TCPA
Time Limits • Building, engineering, mining or other operations – four years beginning with the date on which the operations were substantially completed • Change of use to use as a single dwellinghouse – four years beginning with the date of the breach • In the case of any other breach of planning control – ten years beginning with the date of the breach Section 171B
Time Limits • Thurrock BC v SoS for Environment, Transport & the Regions and Terry Holding [2002] • The 10 year period for change of use must be continuous • Panton & Farmer v SoS (1999) • A dormant use could also be an existing use
Time Limits The “second bite” provision This allows the authority to take enforcement action in certain circumstances notwithstanding that the limitation periods for enforcement action have passed. LPA can take further enforcement action in respect of any breach of planning control if, during the period of four years ending with that action being taken, the LPA have taken or purported to take enforcement action in respect of that breach. Section 171B(4)
Expediency
Expediency TCPA S171(1)(b): Harm The key test is whether the breach of planning control would unacceptably affect public amenity. – To help decide this we consider if planning permission would have been granted for this development had it been the subject of a planning application – Consider material planning considerations. – Where not substantiate potential to lose appeal / Judicial review.
Human Rights
Human Rights Article 8 of the European Convention on Human Rights Everyone has the right to respect for his private and family life, his home and his correspondence
Human Rights • The First Protocol • Article 1 Protection of property • Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. • The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.
Human Rights • Key concept “proportionality” • Ensure that decisions and notices have a Human Rights section • Complete an appropriate assessment human rights considerations and evidence in any actions.
Human Rights • Chapman v United Kingdom (2001) • Allowed refusal of planning permission for gypsy accommodation where: - it was proportionate to the need to protect the environment and - in the public interest to do so
Human Rights Chapman v United Kingdom (2001) Enforcement of planning controls “pursue the legitimate aim of protecting the rights of others through the preservation of the environment”
Enforcement Notices
Enforcement Notices • Section 172: LPA may issue an EN where it appears to them – a) that there has been a breach of planning control; and b) that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations
Enforcement Notices EN shall specify: • The steps which the LPA require to be taken, or • The activities which the LPA require to cease Section 173(3) & (4)
Enforcement Notices Steps may relate to: • Making development comply with a planning permission • Discontinuance of use • Restoration of land to condition before breach • Remedy injury to amenity Section 173(3) & (4)
Enforcement Notice EN must: • Say whether unauthorised development or breach of condition • Describe the land • Describe breach of planning control • Give reasons for issue • Refer to relevant development plan policies • State date of coming into effect • Set out “Steps” for compliance • State period(s) for compliance (can be more than one period)
Enforcement Notices Service of copy enforcement notices Copy of EN shall be served: a) On the owner and on the occupier of the land to which it relates; and b) On any other person having an interest in the land, being an interest which, in the opinion of the LPA, is materially affected by the notice Section 172(2)
Enforcement Notices Service of copy enforcement notices Service of copy EN shall take place: a) Not more than twenty-eight days after its date of issue; and b) Not less than twenty-eight days before the date specified in it as the date on which it is to take effect Section 172(3)
Enforcement Notices Service of copy enforcement notices • Serve 3 copies of the Notice on every individual with an interest in the land • Provide information on the right of appeal • Send a copy to Land Charges • Place a copy on any relevant planning files • You must put a copy on the Enforcement Register
Enforcement Notices Deemed planning permission Section 173(11): Grants retrospective planning permission on under enforcement
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