Just Do It Shona Archer Planning Enforcement Manager Working in - - PowerPoint PPT Presentation

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

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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
• fficers and the parish

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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

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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

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High Priority

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Medium Priority

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Low Priority

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How long do we have to enforce?

s171B of the Act 1990 4 Years

• Building operations
• Engineering operations
• Use of building as a

dwellinghouse 10 Years

• Changes of use
• Failure to comply with

planning conditions

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Enforcement Powers

Planning Contravention Notice Enforcement Notice Temporary Stop Notice Breach of Condition Notice Section 215 Notice Prosecutions Stop Notice Court Injunction Direct Action

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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

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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

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Direct Action

• Before
• After

Stubcroft Farm

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Decoy Farm

• Before
• After

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So why does it take it so long?

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Appeal Types: Written Representations (WR) Hearing (H) Public Inquiry (I) Application Enforcement Action Court Challenge

• f Inspectors

Decision Direct Action High Court Court of Appeal House of Lords European Court of Human Rights Prosecution in Magistrates Court Injunction

The Appeal Process

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The Team

Steven Pattie Nik Woodworth Reg Hawks Shona Archer

Emma Kieranserans

Sue Payne

CK3 CC121 HN 8 D8 B I1 8 E 9

EW B24

WW 15 WI 5 SY40 SI25 NM11 AP 3 FB11 BO2 3 SB32 CH 10 FU20 W T WE1 5 SO 4 CP4 HT6 RG1 5 MA ES4 TY0 ML4 LV7 WD4 BP1 SJ9 LN1 LM9 O9 WH 1 TG16 BX6 SE5 ED3 ER0 SN2 BG 1 BY7 UW 00 WO 1 MI 18 HY 1 EB8 FH18 LG7 LD8 G3 EL 3 DN 5 BV 1 FT 4 S M WR 8 LX11 NC 7 PS13 KD8 EN1 PW18 TL3 WL 1

District divided by Parishes

Steven Emma Sue