Parish Forum 2 4 th April 2 0 1 7 Development Control Presentation Gary Pullan Development Control Manager
http:/ / w w w .rtpi.org.uk/ m edia/ 6 8 6 8 9 5 / Material-Planning-Considerations.pdf
Parish Council Com m ents • “Disingenuous” • “Cynical” • “Not a competent architect” • “I find it amazing, and an unacceptable practice, that a professional architect has been appointed, submitted a plan which has then been approved, and then blatantly instructs the building company to do something different. Or maybe the builder made a whole series of expensive mistakes!” • Libellous comments • Issue for parish and RCC
Planning Enforcem ent
Planning Enforcem ent • Discretionary and is not obligatory • Act proportionately in responding to suspected breaches of planning control • What is the actual harm the unauthorised works cause • W orks w ithout planning perm ission are not an offence. They are not illegal or criminal. • Only unauthorised works to listed buildings, adverts and trees are an offence • Publish an Enforcement Plan required by NPPF – Rutland adopted one in 2014 and on the website. To be reviewed 2020.
Retrospective Applications • Issue of concern to local communities • “Getting away with it”. “Flouting the system”. • BUT Parliament has made a specific provision in the Planning Acts to facilitate retrospective applications. • Conspiracy or incompetence? • Many retrospective applications are due to the complexity of the planning system and are not deliberate. • Recognised course of action to resolve breaches • Applicants can choose this course even if we advise against it.
Enforcem ent I nvestigation Complaint received. Possible outcomes. • Is it actually a breach? Many are not. • Breach may be removed to resolve case. • May be a minor breach but no real harm. Do a harm assessment in accordance with Council policy and close case. • It may now be lawful due to the passage of time. • There is a breach but invite retrospective application to resolve. Applicant can do this even if we don’t invite it. • Explore alternative options with applicant to remedy the breach • If there is a breach that is causing harm and cannot be resolved then Council will have to consider action.
Enforcem ent Pow ers • RCC Officer but not others has right of entry onto land • Requisition for Information • Planning Contravention Notice • Breach of Condition Notice • Enforcement Notice • Injunction • Untidy Site Notice • Stop Notice • Temporary Stop Notice • Planning Enforcement Order • Discontinuance Action • Prosecution • Direct Action
THE SUN - 8 th February 2 0 1 7 BI G FAT GYPSY RUI N Eerie im ages show Dale Farm in Basildon left to rot six years after explosive Traveller battle to rem ain on site Site near Basildon, Essex is frozen in time following £7million operation to clear it
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