Effective enforcement Professor Rob Home Anglia Ruskin University

Topics Future of planning (and enforcement) Changing enforcement: two council cases Ove Arup research study Towards effective enforcement Enforcement and gypsies/travellers

Do NOT take the current planning system for granted! And finally… Treasury/LSE believe planning increases development costs and is SO last century.. Current moves towards de-regulation could be a prelude to move fundamental changes... Do NOT take the current planning system for granted!

NPPF para.207 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.

Enforcement statistics Analysis of appeals 1980-84 13% activities involving caravans 11% vehicle repairs 8% vehicle storage 6% office use 5% farm activities (inc. sales, storage) 5% vehicle sales 4% manufacturing 4% places of worshuip 3% gypsy sites 3% scrap

Regional distribution of 1337 enforcement appeals 1980-84 40% success rate Cases per m pop (England=100) 145 South East 128 South West 92 East Anglia 84 West Midlands 68 North West 64 East Midlands 50 Yorks & Humberside 43 North 117 Greater London 46 6 metropolitan counties

Enforcement appeals England 2013-14 2600 received 2100 decided 46% upheld 30% varied 24% quashed 300 withdrawn

Council case studies: 1. Tendring DC Essex district: coastal, rural and urban 1. Elderly population concerned that their house will be devalued or retirement spoilt by planning issues 2. Areas of deprivation in Jaywick and Harwich. 3. Disused hotels and houses in multiple occupation in Clacton 4 Holiday occupancy conditions with conversion to dwellings or permanent residential caravans 5 Some unique marine planning cases e.g. Pontoons and Houseboats 6. Night-time economy Types of cases: Houses in multiple occupation in disused hotels Nightclub Car park near the sea front Listed buildings Compliance with conditions

Tendring approach Close management Harm assessment criteria Close liaison with other agencies and departments Economic impact of decisions

Council case study 2. London Borough of Newham Inner London borough: Deprivation, housing shortages, multi-cultural Political commitment 2011 new team created 10% of all enforcement notices in country Media attention Grant funding from CLG 2014 23 officers in team Focus on housing: Criminal Landlords Project Sheds with Beds Project

Newham enforcement action 2012-13 847 Enforcement Notices (65% housing related) 16 Temporary Stop Notice 37 Stop Notices 32 removal of advertisements 5 s.215 notices 2 Tree Replacement orders 176 enforcement appeals (82% dismissed)

Newham notice compliance 2012-13 312 notices complied 48 forwarded for direct action 6 contractors undertook direct action 35 owner complied after threat of direct action 25 direct action 15 successful prosecutions 37 currently in the court process

Newham Criminal Landlords Project 9 wards surveyed, database of 30,000 properties Private Landlord Licensing (BWPL) scheme. Target poor quality rented housing and “landlords of concern” Partnership approach, eg Met Police HMRC London Fire Brigade DWP Utility companies

Newham: Sheds with beds Action in 2013 Number of outbuildings removed Number of streets surveyed Number of inspections Houses in multiple occupation Number of notices served 7 350 3000 331

Newham Operation Miami 2013-14 Brothels within residential areas project 157 properties visited 38 brothels identified 54 enforcement/Stop Notices (16 against large HMOs) 36 brothels closed 16 arrests 16

Ove Arup findings Developing indicators to measure performance Process is iterative and many different approaches A ‘post box’ or ‘in tray’ approach Managing the process means treating each case as a project with a ‘project plan’ Need for flexibility Understand service cost components: Staff time (productive and non-productive) Overheads Outsourced services Developing indicators to measure performance

Visualising the Case

Monitoring and Compliance

Arup findings The average service (2012) spends: £470k on strategic planning £1.4m on applications £260k on enforcement and monitoring Little cross-over between DM and enforcement policy Does the planning service manager know what you do, what you cost and what value you are?

Gypsies and travellers: law and policy changes Criminal Justice Act 1994 Unauthorised encampment a criminal offence Abolished duty to provide accommodation Discontinued government grants Government policy review 2004-2007 Circular ODPM 01/2006 Housing Act 2004 Statutory requirement for district-level accommodation assessment (GTAAs) Guidance on GTANA methodology Regional funding A summary of available powers

Different housing needs of Gypsies/Travellers Nomadism Preference for caravan dwelling Movement between housing and caravans Unauthorised encampment Cultural values

Coalition government 2010-15 Tough enforcement Dale Farm high-profile eviction 2010 PPTS 2012 Shorter policy Replaces circulars 01/2006 and 04/2007 Evidence base and plan emphasis GTAAs remain New PPTS 2015

Moore & Coates (+ EHRC) v. SSCLG (December 2014) Recovery of all G&T appeals in Green Belt illegal procedural not substantive Breach of Equality Act 2010 (s.149) Indirect discrimination by delay Breach and Article 6 of ECHR Unreasonable delay Abuse of power and bias not found

2015 PPTS: policy changes Change definition definition of traveller Remove ‘or permanently’ Align definition for housing and planning Protect Green Belt Best interests of the child, unmet need and personal circumstances unlikely to outweigh harm to Green Belt Intentional unauthorised occupation a material planning consideration