1. Effective enforcement
Professor Rob Home
Anglia Ruskin University

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

3. 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!

4. 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.

5. Enforcement statistics
Analysis of appeals
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

6. 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
metropolitan counties

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300 withdrawn

8. 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

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

10. 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
officers in team
Focus on housing:
Criminal Landlords Project
Sheds with Beds Project

11. 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)

12. 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

13. 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

14. 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

15. 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

17. 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

18. Visualising the Case

19. Monitoring and Compliance

20. 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?

21. 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
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

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

23. 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

24. 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

25. 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