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

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

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