Minerals and Waste – All you need to know. Monitoring and Enforcement David Hughes Cumbria County Council RTPI North East 9 May 2016

Planning Conditions If used properly, conditions can enhance the quality of development and enable many development proposals to proceed where it would otherwise have been necessary to refuse planning permission. The objectives of planning, however, are best served when that power is exercised in such a way that conditions are clearly seen to be fair, reasonable and practicable…

Planning Conditions Choose words carefully.

Approved Documents Not all of the information contained in these files needs to end up explicitly referred to on the decision notice.

Problem Conditions One of these exhausts is less effective than the other and has not been maintained in accordance with the manufacturers instructions... However, this would not be practical to monitor.

Problem Conditions Can either of these sites be said to be restored?

Schemes Blasting monitoring schemes are commonly submitted for hard rock quarries. Advances in computer power mean that statistical models (regression line analysis) can be run on nearly any computer. These can significantly improve the predictability of shots fired and are an increasingly important tool in to improve blast design.

Schemes “Prior to the works above ground level the design and materials of the windows shall be submitted for approval…” simply not strong enough to take enforcement action over. Not sliding sash as the Planning Officer had discussed with the architect and had hoped to approve! If something is necessary it should be explicitly conditioned.

Submission of schemes retrospective planning permissions The operations hereby permitted shall cease, and all temporary and permanent structures, buildings, storage units, fencing and earth bunds associated with the operations, shall be removed from the site and the land shall be restored in accordance with the approved scheme within six months of the date of failure to meet any one of the following requirements: i) A [whatever] Scheme, … shall be submitted for the written approval of the LPA in accordance with conditions X below. ii) Within Y months of the date of this decision, if the LPA refuse to approve any of the above plans, schemes or procedures, or fail to give a decision or decisions within the prescribed period, an appeal or appeals shall have been made to, and accepted as valid by, the Secretary of State; iii) If an appeal or appeals is made in pursuance of (ii) above, that appeal or appeals shall have been finally determined and the submitted plans or schemes shall have been approved by the Secretary of State; iv) The above plans, schemes and procedures shall have been implemented in accordance with the approved details and timetables.

Monitoring

Best Practice This guidance is still extant and supplemented with paras 46 – 62 of the planning practice guidance. It suggests / anticipates considerable resources are devoted to monitoring.

Monitoring Sometimes it is hard to see what you are checking. If it cannot be checked, say so, do not assume so.

Enforcement Negotiate with those who wish to talk - and take action against those who create mischief. - Mamnoon Hussain

Enforcement Constitutions and schemes of delegation are live documents and evolve through time. Make sure that formal action is correctly authorised and that you are authorised to use powers of entry (S196A to C)

Temporary Stop Notices Serve a PCN at the same time. Make the notice displayed on site unmissable and hard to remove – cable ties are better than string. Make a contemporaneous note of your visit and photograph the site from all angles. Burn the pictures straight to CD – this may be critical evidence to prove a breach of the notice.

Registers For two tier authorities: It is worth checking that a copy of the any registerable Notice reaches both the Planning Enforcement register and local land charges.

Comments & Questions ?