Member Training Planning Enforcement 18 th March 2010 Martin Hillier.

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Presentation transcript:

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 Planning and Compulsory Purchase Act 2004 Guidance/ Rules Town and Country Planning Enforcement Appeals Rules 2002 Planning Policy Guidance No Circular 10/97

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.

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

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

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

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

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