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Ian Kilby Planning Services Manager

Shropshire Council’s Approach to Planning Enforcement Presentation to SALC North Committee 19 th June 2017. Ian Kilby Planning Services Manager. Context to Planning Enforcement - What is enforcement and what does it do? - Facts and Figures Procedures and Legislation - What happens?

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Ian Kilby Planning Services Manager

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  1. Shropshire Council’s Approach to Planning Enforcement Presentation to SALC North Committee 19th June 2017 Ian Kilby Planning Services Manager

  2. Context to Planning Enforcement - What is enforcement and what does it do? - Facts and Figures • Procedures and Legislation - What happens? - The investigation process - Options for Action - Formal Enforcement Action - Appeals - Localism Bill - Questions

  3. Enforcement Is…… • without doubt, the most difficult part of the planning system to administer. • Litigous - Attracts more litigation than the rest of the planning process put together. • A Legal Minefield - The number of instances where local authority notices have to be corrected or quashed for legal inaccuracy is very considerable • Confrontational HOWEVER…….

  4. Effective Enforcement can… • Build public trust in “the system” • Be a powerful process to ensure compliance • Solve a multitude of problems.. • Protect the natural and built environment

  5. What It Isn’t • A system to punish • Designed to catch people out • A criminal offence? • Able to solve the world’s problems

  6. THE CREDABILITY AND EFFECTIVINESS OF THE WHOLE PLANNING SYSTEM RELIES UPON AN EFFECTIVE ENFORCEMENT SYSTEM

  7. National Planning Policy Framework – Paragraph 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.”

  8. Guiding Principles • Formal action taken entirely at the discretion of the authority • Purpose to ensure preventative or remedial action to protect environment / public amenity – identify risk and harm • Action in proportion to breach • Negotiation is key to success • See website for details

  9. What are breaches of planning control? • •Unauthorised erection of a building • •Development not in accordance with the approved plans of planning permissions • •Unauthorised change of use of a property • •Unauthorised works to trees protected by a tree preservation order or in a conservation area • •Carrying out works to a listed building without listed building consent • •Unauthorised demolition in a conservation area • •Failure to comply with the conditions attached to a planning permission • •Failure to properly maintain land so that it affects the amenity of the area • •Displaying a sign or advertisement without advertisement consent

  10. What are not breaches of planning control? • •Parking of commercial vehicles in residential areas or on grass verges. • •Operating a business from home where the residential use remains the primary use and there is no adverse impact on residential amenity. • •Clearing land of undergrowth, bushes and trees provided they are not subject to planning protection • •Parking of a caravan within the curtilage of a residential property provided that it is stored, or used as an extra bedroom, and not used as a separate, self-contained residential unit. • •Obstruction of a highway or right of way • •Boundary disputes (civil matter) • •Deeds and covenants (civil matter) • •Where development is 'permitted development’

  11. Retrospective Applications • Planning system permits such applications • No financial penalty • Not “breaking the law” • Often genuine error….sometimes an attempt to deceive! • MUST BE Considered in the same way

  12. ENFORCEMENT NEVER DO ANYTHING!!

  13. Facts and Figures - Shropshire Cases Per Area: North: 370 Central: 310 South: 307 Total: 987 No. Served. Section 330 1 Planning contravention Notice 5 Enforcement Notice 11 Breach of condition notice 5 Temporary stop notice 1 Stop Notice 1 Total 24

  14. Before: After:

  15. Before: After:

  16. Before: After:

  17. Before: After:

  18. Before: After:

  19. In Summary • Planning Enforcement can be a simple process….. • But on occasions, cases can take an extremely long time (sometimes years) to resolve • It is ultimately a legal process, and there are no short cuts in the applications of the “law”.

  20. Procedures & Legislation

  21. What Happens? • Proactive: - On-site monitoring of selected developments • Reactive: - Everyone (offenders and enquirers) will receive the same standard of professional service at all times - Enquirers are, as far as possible, treated confidentially

  22. Most applicants comply with the terms of their planning permissions • However, advice on how to discharge conditions not included on website and is being picked up as part of process review • Planning Enforcement Protocol explains how enforcement is delivered in Shropshire. • http://new.shropshire.gov.uk/planning/submit-a-planning-enforcement-query/planning-enforcement-protocol/ • Planning review identified need to address resource, process review and performance management for planning enforcement – this is being addressed. • http://new.shropshire.gov.uk/planning/submit-a-planning-enforcement-query/

  23. Complaint received ideally via online form… • Check to ensure enforcement matter • Acknowledged • Allocated to case officer • Inform interested parties (Public Access) • Prioritised approach

  24. The Investigation Process • Research relevant planning history • Visit the site and record evidence • Gather more evidence – PCN • Decide if breach of planning control has occurred • Decide if immediate action is required e.g Stop Notice

  25. Options For Action • No breach – inform relevant parties and close case. • Breach - Negotiate to rectify the breach assess risk and impact - Retrospective applications seeking to regularise - Take formal action

  26. Formal Enforcement Action • Serve Enforcement Notice • Serve Stop Notice • Serve Temporary Stop Notice • Serve Breach of Condition Notice • Prosecution • Injunctions

  27. Appeals • Anyone receiving an enforcement notice may appeal to the Planning Inspectorate • Breach of Conditions and Temporary Stop Notices cannot be appealed (but you can defend yourself in court if prosecution action results)

  28. If an enforcement notice has been served the LPA can decline to determine a retrospective application for the same development • Conversely if a retrospective application has been made, you cannot also appeal against the Enforcement Notice on the basis that planning permission should be granted.

  29. My neighbour doesn't have planning permission for building work they're carrying out - can you force them to stop building?

  30. We don't have the power to stop building work in most cases. In the case of alleged unauthorised development at a residential property, such as the construction of a garage/conservatory/outbuilding, it's highly unlikely that we'd have the power to stop the development. • In exceptionally rare circumstances there is the power to serve a notice requiring that unauthorised development is stopped, but strict criteria must be met, and these criteria are not met frequently

  31. My neighbour is building an extension that encroaches slightly onto my property - can you do anything about this?

  32. We can't become involved in matters relating to boundary disputes or allegations of trespass onto your property. • If an extension is constructed on a neighbour’s property but you believe part of it has been built on your land, you should seek legal advice from a solicitor/legal advisor about how to pursue the matter. • Similarly, if a neighbour has erected scaffolding on your property to enable them to construct an extension, we don't have any power to take action; this is a civil matter

  33. Is building an extension/garage/conservatory etc without planning permission a criminal offence?

  34. It's not a criminal offence to carry out development at most properties without obtaining planning permission first. However, if the building is listed, it's a criminal offence to carry out works that extend, alter or demolish etc any part of the building without first obtaining the necessary consent. • It's a criminal offence to fail to comply with the requirements of an enforcement notice within the time given.

  35. Shropshire Local Plan • Current Local Plan (2006 – 2026): • Core Strategy (2011): level and distribution of new growth: http://shropshire.gov.uk/media/830904/shropshire-core-strategy-2011-reduced.pdf • SAMDev (2015): site allocations and detailed policies to deliver growth: http://shropshire.gov.uk/media/1900363/SAMDev-Adopted-Plan.pdf • High performance: • one of about 40 nationally (top 12%) to complete both a Core Strategy and a site allocations plan; • Top 40% in terms of housing delivery;

  36. What is a Partial Review? • Why are we reviewing the Local Plan so soon? • Keep up to date (national policy changes & 5 year cycle); • Risk: failure to review in time will undermine role of Plan in local decision making; • What is a partial review? • Keep overall strategy and many existing policies; • New Plan period – updated growth requirements; • Consequent changes to sites and policies.

  37. Housing Growth • Existing Local Plan housing requirement 2006 – 2026: 27,500; • New Plan 2016 – 2036, but in 2016 we already had a supply of about 15,400 dwellings, so: • ‘Moderate Growth’ (additional 11,000 dwellings); • ‘Significant Growth’ (additional 12,000 dwellings); • ‘High Growth’ (additional 13,000 dwellings). • Risks: As yet unknown national methodology. Industry will push for higher figure, but deliverability risk if we aim too high and can’t deliver – Local Plan loses weight & market determines the location of new housing;

  38. Options for Spatial Distribution of Growth • Option A: Rural Rebalance (current Local Plan) • Option B: Urban Focus • Option C: Balanced Growth

  39. Economic Options • 3 options for future growth consistent with EGS • Grow what we have or restructure to deliver higher GVA? • Risk: a high level of job growth must be supported by a proportionate increase in housing! = Cheshire East • Corporate ambition for growth to increase revenue? • Risk: Employment growth without housing = in-commuting and loss of local revenue

  40. Rural Policy • We define rural service centres (Hubs) using criteria; • We identify key tests to manage development rural centres; • No development boundaries proposed; • No new site allocations proposed; • Risk: perceived loss of certainty generates adverse public response • Risk: preferred scale & type of housing delivers little benefit!

  41. Key Risks & Challenges • Independent Examination (plan found ‘unsound’); • National Policy changes / expectations; • Deliverability: • Viability & infrastructure; • Housing type, affordability & location; • Managing great expectations: resources, community engagement & formal examination of ‘soundness’; • Strategic context: Duty to Co-operate, WMCA & Green Belt issues.

  42. Questions?

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