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Member Training

Member Training. Planning Enforcement 18 th March 2010 Martin Hillier. Legislative background and guidance. Town and Country Planning Act 1990 Planning and Listed Building and Conservation Areas Act 1990 Planning and Compensation Act 1991

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Member Training

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  1. Member Training Planning Enforcement 18th March 2010 Martin Hillier

  2. Legislative background and guidance • Town and Country Planning Act 1990 • Planning and Listed Building and Conservation Areas Act 1990 • Planning and Compensation Act 1991 • Planning and Compulsory Purchase Act 2004 Guidance/ Rules • Town and Country Planning Enforcement Appeals Rules 2002 • Planning Policy Guidance No. 18 1991 • Circular 10/97

  3. Enforcement Concordat 1998 • Standards: setting clear standards • Openness: clear and open provision of information • Helpfulness: helping business by advising on and assisting with compliance • Complaints: having a clear complaints procedure • Proportionality: ensuring that enforcement action is proportionate to the risks involved • Consistency: ensuring consistent enforcement practice.

  4. FODDC Enforcement Protocol 2007 • Scope of service • Enforcement tools and remedies • Policy and Procedures - Principles of good enforcement • Investigating Complaints • The Complainant • Prioritising Enforcement Action • The importance of members

  5. Types of Action • Informal Resolution eg submission of planning application • Planning Contravention Notice • Enforcement Notice + Listed Building Enforcement Notice • Breach of Condition Notice • Temporary Stop Notice • Stop Notice • Discontinuance Notice • Injunction • Section 215 Notice • Summons + Prosecution • Direct Action

  6. Grounds of Appeal • Ground A – Planning Permission should be granted • Ground B – Breach of control alleged in enforcement notice has not occurred • Ground C – There has not been a breach of planning control • Ground D – Too late to take enforcement action • Ground E – Notice not properly served • Ground F – Steps required excessive • Ground G – Compliance period too short

  7. Timescales and constraints on securing court action. • Proper service of documents • Location of Courts • Time constraints • Adjournments • Costs of legal representation

  8. Conclusion • Complex aspect of planning • Can be time consuming and potentially costly • Integral part of Development Control /Management • Protection of public interest from harmful development and activity • Requires close co-operative working between Development Control and the Legal section • Has significant effect on Council’s integrity and reputation

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