Planning Enforcement Adrian Duffield Head of Planning 1
The planning process Enforcement Policy Applications 2
National Planning Policy NPPF Paragraph 207 • Important in maintaining public confidence in planning system • Discretionary and proportionate • Publish an enforcement plan NPPF Paragraph 187 • Look for solutions rather than problems • Work proactively with applicants 3
What is a breach of planning? Carrying out development without planning permission or Failing to comply with any condition or limitation subject to which planning permission has been granted 4
What is development? carrying out of building, engineering, mining or other operations in, on, over or under land or making of any material change in the use of any buildings or other land 5
What is NOT development Internal works to a building (not incl basements & listed buildings) Maintenance or improvement of a highway Works that do not materially effect the external appearance of a building 6
What is NOT development Works by local authorities or statutory undertakers to maintain, repair or replace equipment Use of buildings or land within the curtilage of a dwelling for purposes incidental to the enjoyment of the dwelling as such Use of land or buildings for agriculture 7
We do NOT investigate Boundary disputes & breaches of covenants Clearing vegetation & hedges 8
We do NOT investigate Parking of construction traffic on highway Health & Safety 9
Time limits 4 Years 10 years • Building • Change of use of Development land (operational) • Change of use of a • Breach of building to use as a conditions attached single dwelling to a planning house permission 10
Priorities Priority 1 • Permanent damage to environment • demolition listed building • loss of protected tree Priority 2 • Less immediate but harmful with potential to escalate • Non-compliance with pre-commencement conditions attached to planning applications Priority 3 • Untidy land • Development that is stable/completed • Non-compliance with planning conditions Priority 4 Other issues including breaches of terms of General Permitted Development Order, satellite dishes and display of adverts, unless details given give rise to concerns about highways safety 11
Proactive working • Monitoring implementation dates of large developments • Site viewing to check land status • Letters to developers reminding them of permission requirements • Consider formal action to stop works to bring developer into line • Recent success –Drayton Rd, Abingdon 12
How you can help • Encourage neighbours to speak to one another! • Signpost customers to council’s Enforcement Policy, Planning Portal or our applications online before requesting an investigation • Provide as much information as possible – including the harm/impact of problem • Be our eyes and ears – especially for commencement of new development 13
Questions Any questions? 14
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