Planning Enforcement Policy
Planning enforcement is the process by which the Council as Local Planning Authority ensures that unauthorised development, that is development without planning permission, is investigated properly and new development with planning permission takes places in accordance with the approved plans and conditions. This Policy clearly sets out this process.
Aims of the Policy
To set out the procedures for investigating and resolving breaches of planning control and ensure a proportionate, consistent and clear approach to any action which it is decided to take and to clearly record those circumstances where action is not appropriate.
1. The Role of Planning Enforcement
The Planning Enforcement service investigates complaints and controls and monitors development on the ground to ensure that it accords with the approved plans and that any agreed changes continue to respect and protect the environment. The Council takes its responsibilities for enforcement seriously and will pursue formal action whenever it is considered appropriate.
Public confidence in the development control process is quickly undermined if unauthorised development is allowed to proceed without any apparent attempt by the Local Planning Authority to intervene before serious harm to amenity results from it.
The Council has discretion to take enforcement action when it regards it as expedient. In taking action the Council will be guided by the following considerations that are set out in Planning Policy Guidance Note 18.
The Council has the primary responsibility for taking whatever enforcement action is necessary in the public interest.
The Local Government Ombudsman may find "maladministration" if the Council fails to take effective enforcement action which is plainly necessary within a reasonable timescale.
In considering any enforcement action under the Planning Acts the decisive issue should be whether the breach of control would unacceptably affect public amenity or the existing use of land and buildings meriting protection in the public interest.
Enforcement Action should always be commensurate with the breach of planning control to which it relates.
The Local Planning Authority will normally make an initial attempt to seek a negotiated solution by persuading the owner or occupier of the site to make an application and/or cease work. However, negotiations will not be allowed to hamper or delay whatever formal enforcement action may be required to make the development acceptable on planning grounds or to compel it to stop.
2. Principles
In May 2000, the Council adopted the Enforcement Concordat which was drawn up by the Access to Business Group, which sets out the principles under which all local authority enforcement functions should be administered.
Performance will be measured against agreed standards.
There will be openness in dealing with business and others.
Enforcement officers will be helpful, courteous and efficient.
Complaints procedures will be publicised.
Enforcement decisions will be taken in a proportionate manner.
Enforcement officers will strive for high standards of consistency.
3. Dealing with Complaints
The Council receives in the region of 300 complaints each year of which about half are identified as breaches of planning control. The remainder of complaints which are not a breach of planning control are either civil matters or may be referred to other departments or agencies for investigation under the relevant legislation.
Complaints can be received verbally or in writing and the source of the complaint is confidential; anonymous complaints will be dealt with at the discretion of the Principal Enforcement Officer.
The Council will acknowledge written complaints within 2 working days. Complainants will be informed of progress in writing or by telephone within 10 working days of the alleged breach being reported. They will be updated as appropriate and informed of proposed action, if any, within 10 working days of the decision being made.
The Council will not divulge the details of the complainant to any person against who the complaint is lodged. There may however be cases where the complainants evidence will be crucial to successful enforcement action and an approach will be made to request that they act as a witness.
The types of complaint which can be investigated by Planning Enforcement are as follows:
Unauthorised works to Listed Buildings - it is an offence to carry out unauthorised works to a Listed Building or demolish it without consent. Prosecution can be pursued under Section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990. Alternatively the Act also includes the power to serve a Listed Building Enforcement Notice to which there is a right of appeal.
Unauthorised works to trees protected by a tree preservation order or within a conservation area - it is an offence to carry out works to such trees and the Council may pursue a prosecution or require the replanting of a tree which has been removed.
Unauthorised development - this may include building operations or the change of use of land or buildings.
Unauthorised removal of hedgerows - under the Hedgerow Regulations 1997 the Council is responsible for protecting "important" hedgerows. It is an offence to remove a rural hedgerow if the owner has not served a Hedgerow Removal Notice on the Council or where the Council has served a Hedgerow Retention Notice. Enforcement of the Regulations may involve prosecution, requiring the planting of a replacement hedgerow or the service of an injunction to restrain any actual or anticipated offence.
Non compliance with a planning condition - where a condition attached to a planning permission has not been complied with, there may be a breach of planning control.
Unauthorised advertisements - it is an offence to display an advert without consent where express consent is required. The Council may prosecute any person who displays an advertisement in contravention of the Advertisement Regulations - guidance on the Advertisement Regulations can be obtained from Planning Reception.
Land adversely affecting amenity - Section 215 of the Town and Country Planning Act 1990 enables a Local Planning Authority to serve a notice requiring steps to be taken to remedy the condition of land where it is not being suitably maintained and is an eyesore as a result. There is a right of appeal to the Magistrates' Court.
Contravention of Hazardous Substances Control - it is an offence under the Planning (Hazardous Substances) Act 1990 to exceed controlled quantities of hazardous substances or fail to comply with a condition on a Hazardous Substances consent. Prosecution is through the Magistrates' Court; the Council can also serve a contravention notice and apply for an injunction.
4. Priorities for Action
Within the department resources are limited and the geographical area of the District is large. It is therefore essential that complaints are prioritised to ensure the most effective use of resources.
High priority - relates to breaches that may result in irreversible damage. A site visit and investigations will be commenced within 1 working day for:
Breaches of Listed Building control.
Breaches of planning in a Conservation Area where immediate, irreversible damage would be caused.
Removal of hedgerows, works to trees protected by a Tree Preservation Order or in a Conservation Area.
Breaches of control or conditions causing serious irreversible damage to the environment.
Medium priority - relates to breaches involving building operations. A site visit and investigations will usually be commenced within 2 working days for:
Breaches of planning control involving building work likely to be contrary to policies within the development plan.
Breaches of planning control or conditions which results in serious harm or loss of amenity or nuisance to a neighbourhood.
Low priority - where a site visit and investigations will be commenced within 10 working days for:
Breaches of advertisement control
Development involving small domestic structures such as sheds or fences.
Breaches of control where the use is likely to be temporary and capable of being resolved without formal action.
Breaches not included in levels 1 and 2 above.
5. Procedure for dealing with Complaints
On receipt of a complaint the details will be registered onto the Council's computer system and a standard acknowledgement letter will be generated. In deciding whether enforcement action or prosecution is expedient the Council will take the following steps:
5.1 Establish the facts - to find out what is happening on a site or in a building who the owner/occupier is and the relevant planning history of the site. This process will involve the enforcement officer in any or all of the following:
Visit the site. This will usually be unannounced and photographs may be taken.
Speak to the owner and/or occupier to obtain information about the alleged breach of planning control and to give information about the enforcement process and options available.
Where an offence has been committed it may be appropriate to conduct an interview under caution as required by the Police and Criminal Evidence Act 1984.
Issue a Planning Contravention Notice or other statutory request for information.
Check the Council's files for planning permission, planning conditions or other correspondence which may be relevant to the alleged breach of planning control.
Make enquiries with other Council departments and statutory bodies to co-ordinate action.
5.2 Analyse the information gathered - Enforcement Officers will discuss their findings with the Planning Officer, Conservation Officer and other professionals as appropriate. They will also have regard to the relevant legislation, the South Shropshire Local Plan/Local Development Framework and regional and national government guidance.
5.3 Decide which of the following categories the breach of control falls into:
Development or unauthorised works that require enforcement action or prosecution (where appropriate) to be commenced immediately.
Development or work that requires permission or consent and there is a reasonable chance that permission will be granted.
Development or works judged to be of a type or degree that it would not be expedient to take enforcement action.
Development that is permitted development and therefore does not require planning permission.
Development that is exempt from enforcement action due to the passage of time and is considered lawful.
Development that does not constitute a breach of planning control.
Development or works that appear to fall within the remit of another enforcing agency will be referred to the agency concerned.
5.4 Prepare a Report - Elected Members have responsibility for deciding whether or not to take enforcement action. Therefore in cases where it has been decided that enforcement action is expedient, a report will be written for consideration by the Development Control Committee. A report is also prepared where a breach has occurred but it is not considered expedient to take action and authority is sought not to pursue the matter further. These reports are subject to scrutiny by the Council's Solicitor prior to consideration by the Elected Members.
6. Enforcement Action
The decision to proceed with enforcement action will only be taken once negotiation of a satisfactory outcome has failed. In this case the Council may serve one of the following notices:
Requisition for Information - often served to gather information on ownership of land or buildings prior to serving one of the notices listed below.
Planning Contravention Notice - can be served where it appears that there may have been a breach of planning control and the Council requires information about activities on the land or nature of the occupier's interest in the land.
Breach of Condition Notice - can be served where there is a failure to comply with any condition or limitation imposed on the grant of planning permission. There is no right of appeal against this type of notice.
Enforcement Notice - can be served to remedy an actual breach of planning control by requiring an unauthorised use to stop or building works to be removed. A notice can also be served to restrict or condition a particular operation which is otherwise unacceptable. There is a right of appeal against the notice.
Stop Notice/Temporary Stop Notice - can be served in conjunction with or as a pre-cursor to the service of an Enforcement Notice to require unauthorised activities to cease before the Enforcement Notice comes into effect.
Injunctions - can be sought in the County Court or High Court to restrain any actual, or expected breach of planning control.
The Council may initiate a prosecution in all cases where the requirements of a notice or injunction are not met in the stated timescale.
7. Monitoring Development
An agreement has been made between the Head of Development Control and the Head of Building Control that plans received by each department will be cross referenced by the Building Control Officers to ensure there are no discrepancies between the development approved by virtue of planning permission and those which are submitted for building control purposes.
8. Monitoring of Planning Conditions and Legal Agreements
Monitoring planning conditions is an integral part of a pro-active enforcement policy. Enforcement Officers will monitor conditions on planning permissions and other consents and approvals to ensure they are complied with in consultation with Building Control Officers, Planning Officers and the Conservation Officer.
Monitoring, although an important function in the Council's role in development control, will nevertheless be a secondary one. Resources do not allow for the systematic monitoring of all development. The investigation of reported breaches of planning control will receive priority. Nonetheless, officers will prioritise monitoring legal agreements, major applications, Listed Building consents and applications that have been particularly controversial.
This is an area in which the role of Parish and Town Council's is vital as they act as the "eyes and ears on the ground" which is of particular importance in such a large district. Feedback will be given to the relevant parties advising them of the outcome of the investigation and any action which may be taken.
9. Case Management
All complaints will be recorded on the Council's MVM computer system and action will follow the steps set out in this policy. The Planning Enforcement Officer will investigate, consider and make a recommendation on each case. The decision whether or not to take action will be made by the enforcement officer in consultation with the Planning team and the Council's Solicitor and recorded on the MVM system.
In cases where action is proposed a review of the case will be set out in the report to the Development Control Committee. Where a prosecution is involved the matter will be sent to Legal Services for appropriate action.
Appeals are handled in partnership with the Planning Solicitor and the Planning Officer for the area concerned.
10. Information and Publicity
Complainants will be informed of any action or otherwise the Council is proposing to take in accordance with this policy. Elected Members, town and parish council's will be kept up to date through monthly reports.
11. Freedom of Information
The source of Planning Enforcement complaints and the files relating to each case are confidential; this situation has not been altered by publication of the Freedom of Information Act 2000.
Further Information
For further information regarding Planning Enforcement and the Enforcement Concordat please refer to
Contacts
Louise Ralph Principal Enforcement Officer 01584 813356
Frank Whitley Enforcement Officer 01584 813353
Carmen Parker Technical Support Officer 01584 813357
Email address - planning.enforcement@southshropshire.gov.uk
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Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 15/1/2007.
