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Planning Enforcement

Planning Enforcement. The changing nature of. Scott Britnell. Bristol City Council since 2006 Planning Compliance Officer: Pro-active checks on implemented planning permissions Planning Enforcement Officer: Reacting to public complaints Other experience: Appeals, Planning Applications.

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Planning Enforcement

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  1. Planning Enforcement The changing nature of...

  2. Scott Britnell Bristol City Council since 2006 Planning Compliance Officer: Pro-active checks on implemented planning permissions Planning Enforcement Officer: Reacting to public complaints Other experience: Appeals, Planning Applications

  3. Programme Planning Enforcement’s place The historic context of Planning Enforcement National Planning Policy Framework 2012 Localism Act 2011 Other issues impacting upon Planning Enforcement

  4. Planning Enforcement’s place The (historic) planning trilogy

  5. Planning Enforcement’s place Ideal relationship

  6. The historic context Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control. Local planning authorities should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where it is appropriate to do so. (Paragraph 207, National Planning Policy Framework, 2012)

  7. Established/Old rules • Town and Country Planning Acts • Planning Policy Guidance 18 • Circular 10/97 • Enforcement Concordat

  8. Key reviews • Review of The Planning Enforcement System in England (CLG 2006) • Barker Review of Land Use Planning (2006) • Lyons Inquiry into Local Government: Place-shaping (2007) • Killian Pretty Review (2008) • Taylor Review of Planning Practice Guidance (2012)

  9. The changing nature • The ex-policeman • Reactive service • Move to a team of professional planners • Embedded within Development Management • Delivery of a hybrid proactive/reactive service • Generic enforcement teams?

  10. Bristol City Council

  11. NPPF 2012 What does the NPPF tell us about enforcement? • Business as usual - discretionary and proportional • Pro-active enforcement • Local Enforcement Document

  12. Business as usual • Enforcement action will continue to be at the discretion of the LPA • Any action taken should be proportional • On the face of it no change to how enforcement cases are processed – the future of PPG18?

  13. Pro-active enforcement What this means for LPAs? • Creation of compliance monitoring • Enforcement projects • Creation/Redrafting of local enforcement guidance • New targets?

  14. Current BCC Targets

  15. What BCC has done • Two compliance officers since 2006 • Pro-active enforcement projects: • Old city advertising • Untidy sites (S.215) • Reappraisal of enforcement guide (2008)

  16. Compliance Officers • Closer working relationship with Building Regulations • Feedback in to development management (conditions etc) • Standard Advice • Effective use of I.T systems • Raising profile of planning

  17. Compliance Officers cons • Resources and costs • Monitoring success • Likely to generate more enforcement cases • Is it necessary?

  18. Pro-active projects

  19. Old City Project • 1 day surveying work – 139 potential breaches identified • 78 cases set up for full investigation • 50 closed:

  20. Before and after

  21. Untidy Sites Project • Failed • Cross departmental working did not work • Reflection on public image of enforcement service • Missed opportunity to improve situation on the ground

  22. Local Enforcement Guide • Bristol City Council has reappraised its Enforcement Guide adopted in 2008 • The NPPF says “should” – why not “must” • Setting targets and managing expectations • Is there a place for this in the Core Strategy?

  23. Localism Act 2011

  24. Concealment • The triggers: - • Reports from the public (reactive) • Reports from other departments (cross departmental) • Certificates of lawfulness (pro-active)

  25. Other issues • Community Infrastructure levy • Changes to Permitted Development: - • Householders 2008 • Commercial and business premises to residential • Enterprise Zones and Local Development Orders • Finances

  26. Coping with change • Training • Resources • Linked up working • Utilising I.T. fully

  27. Enforcement as fee winner?

  28. Final thought... “We have strict statutes and most biting laws. The needful bits and curbs to headstrong weeds,Which for this nineteen years we have let slip; Even like an o'ergrown lion in a cave, That goes not out to prey” (W. Shakespeare, Measure for Measure, Act 1 Scene 3)

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