A charter for enforcement

Introduction

  • The Council has adopted the Planning Users Concordat and the Enforcement Concordat. This Charter sets out the Council's standards of service in relation to dealing with breaches (or allegations of breaches) of planning control.
  • The Council's development control service seeks to protect and enhance the physical environment and ensure that development when permitted is in the right place and does not cause undue harm to the environment or amenity. The Council's Development Control Service Plan includes an objective to identify unauthorised development and breaches and taking any necessary action to remedy them.
  • From time to time developments occur which have not been authorised or which are in breach of a planning condition. This Charter sets out the service standards customers can expect.

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The charter - its purpose

  • Development control is a process which regulates the development and use of land. As well as dealing with applications for planning permission it is also responsible for ensuring that development which takes place is authorised and built in accordance with a valid permission. This latter process is termed enforcement. The legislation covering enforcement is complex and care needs to be taken to ensure that any action taken reflects Government guidance and legislation.
  • Land owners, businesses, applicants, neighbours and the general public are all customers of the Council's enforcement service. Many have only limited experience or knowledge of how the system works. It is important, therefore, to treat customers positively, helpfully and equally.
  • Our aims are therefore:
    (i)     to provide customers with adequate information in plain language and to disseminate information as widely as possible
    (ii)    be open about how we deliver the service and consult with neighbours, businesses and other relevant parties as appropriate
    (iii)   deal with customers in a courteous and efficient manner
    (iv)   to advise customers and assist them to comply with planning regulations
    (v)    ensure that staff dealing with customers identify themselves by name and provide a contact telephone number and/or a mail address
    (vi)   to encourage, as far as practicable, business to seek advice and information from us, so as to minimise the need for enforcement in the first place
    (vii)  to advise customers, where practical and resources permit, of other consents which may be required
    (viii) to be consistent in our approach and to follow best practice and Government guidance and
    (ix)   to be proportionate in our response to the breach of planning control. We will take account of the problems of small business and try to minimise unnecessary expense where this is practicable.
  • The Council will publish its performance in relation to the Government and its own Service Plan targets. These will be available on the website.
  • Where a planning application is requested as a result of an identified breach of planning control the Council will deal with it in accordance with the provisions of its Charter for Development Control. This Enforcement Charter should therefore be read in conjunction with this document.

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Summary of standards and process and response times

  • The council does monitor the implementation of planning permissions but this service is constrained by the level of resources available. Consequently, the majority of enforcement work arises from enquiries from members of the public.
  • When an alleged breach of planning control is reported or suspected the site or premises will be inspected and other information sought to establish the facts. Where a breach of planning control is established the person responsible for the breach will be informed of what is wrong and what action should be taken to correct it. A time limit will be given and the consequences of not taking the appropriate action will be explained.
  • Complaints about alleged breaches of planning control will be treated confidentially within the Council so far as is practicable. They will be acknowledged within seven working days. The complainant will be notified of how the Council intends to pursue the matter and of the decision to take enforcement action, or not to do so and the reasons why not, as soon as it is in a position to do so. A letter of response will be sent to the complainant within 14 working days.
  • The Council will not normally pursue anonymous complaints and will not so far as is practicable, reveal the source of complaints to third parties (unless necessary for Court or other proceedings).

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Detailed procedures and practice

  • In considering what action to take with regard to breaches of planning, the Council will have regard to advice set out in Government Guidance and The Planning Users and Enforcement Concordats.
  • In considering taking action an important criterion will be the extent to which the breach would cause harm to an interest of acknowledged important (e.g. a policy or designation in a development plan or Government guidance such as PPGs/PPSs (Planning Policy Statement)).
  • As far as possible, advice from officers will be put clearly and simply and where requested it will be provided in writing within 14 days of receipt of the request.
  • The Council will not insist on taking enforcement action simply to regularise development. This is in accordance with Enforcement Advice contained in Planning Policy Guidance Note 18 Enforcing Planning Control which states that an Enforcement Notice should not normally be issued solely to regularise development which is acceptable on its planning merits. However, owners or occupiers of land or buildings will be advised it is in their best interest to seek permission.
  • Before resorting to the taking of formal action the owner or occupier will be given an opportunity to discuss the circumstances and will be asked to voluntarily remedy the harmful effects. Protracted negotiation will not be encouraged or permitted which will result in the delay of taking necessary enforcement action. In cases where immediate action is required an explanation will be given (and confirmed in writing within seven days).
  • Owners or occupiers will be treated with courtesy and replies will be sent in compliance with customer care guidelines.
  • In considering enforcement action the Council will also seek to take into account the economic implications and impact on business and will ensure that any action required is proportionate to the risks. The Council will take particular care to work closely with small businesses and community groups/organisations to explain how they can best meet their legal obligations with the minimum of expense where possible.
  • Where disputes cannot be resolved the parties involved will be advised of any right of complaint or appeal and the timescales involved. Appeal procedures will be explained.
  • All enforcement enquiries will be registered and investigated although complainants will be asked to identify themselves. They will be advised that their identity will not be disclosed and comments made will be treated confidentially. Anonymous complaints will not normally be pursued. Where necessary, an initial visit to the site will be undertaken, within 14 days of receipt of notification of the complaint. A reply will be sent within this timescale.
  • Where an alleged beach of planning control is being claimed by a member of the public, or from observation of the site, the owner/occupier/operator will be asked to provide an explanation of the activities in writing which are thought to be unauthorised.
  • Where a breach has been identified which warrants action, the Council will usually request a planning application. Where serious and irreversible harm is likely then other powers such as Breach of Condition, Enforcement and Stop Notices or in extreme cases, Injunctions will be considered.
  • Where an offence has been committed (not necessarily a breach of planning control) those people implicated will be cautioned in accordance with the procedure set out in the Police and Criminal Evidence Act (PACE) 1984. This procedure will normally only be used where it is apparent that planning permission is unlikely to be granted.
  • If it is determined that the taking of enforcement action is expedient then a Planning Committee report will be prepared.
  • Following discussions at Committee, if enforcement action is agreed then instructions will be issued to the Borough Secretary and Solicitor within seven working days from the date of the meeting. The owners'/applicants' rights of appeal will be fully explained at this time.
  • Where Enforcement Notices/Stop Notices/Breach of Condition Notices are issued they will be recorded on the Statutory Register within seven working days. The period of compliance with the Notice will be dependent upon the nature of the breach of planning involved. In most cases the minimum period will be not less than one month and the maximum not exceeding three months.
  • In the case of refusal of consent under the Advertisement Regulations 1992 where the signs have already been erected; owners/occupiers of land and property will be advised that they risk prosecution if the signs are not removed within a stated period (unless and appeal has been lodged).

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Complaints about standards of service

  • The Council will publicise its complaints procedure. All complaints about the way in which enforcement matters have been handled will be acknowledged within seven working days. Complaints will be fully and promptly investigated and the complainant will be given a written response recording the outcome of the investigation and any action which may be proposed. If no action is appropriate the reasons will be explained. If dissatisfied with the response of the Service Head, the complainant may refer the matter to the Executive Director and/or Chief Executive in accordance with the Council's formal complaints procedure.
  • If the complainant remains dissatisfied about the way in which the Council handled the matter the procedures for making a complaint to the Local Government Ombudsman will be explained. It should be noted that the Ombudsman will only investigate a complaint if something has gone wrong with the decision making process. He will not consider the merits of any particular decision.

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Conclusions

  • This Charter provides a clear statement of what can be expected from the Council's Development Control Service. In accordance with Government advice the taking of enforcement action should always be commensurate with the breach of planning control to which it relates. It is usually inappropriate to take formal enforcement action against a trivial or technical breach of control which causes no harm to amenity in the locality of the site.
  • If the Council decide to exercise their discretion not to take formal enforcement action following a complaint then it will be prepared to explain its reasons to any organisation or person who has asked for an alleged breach of control to be investigated.
  • If the Council is not the responsible authority for dealing with the matter then it will endeavour to either direct the complainant to the appropriate agency or liaise with relevant bodies for further advice.

May 2001
(as updated May 2005)