Enforcement of Planning Control
Code of Practice
1 Background
1.1 The Authority is the sole planning authority for the National Park and is responsible for determining all applications for planning permission, listed building consent, conservation area consent, etc, including those relating to mineral working and waste management facilities.
1.2 It has to monitor developments to ensure that they are carried out in accordance with the approved details and to ensure compliance with conditions on permissions and consents. It also investigates allegations that unauthorised developments have been carried out.
1.3 The Authority’s enforcement powers are contained within the Town and Country Planning Act 1990 (as amended). Government advice is that all planning authorities should use enforcement powers only where it is considered expedient to do so having regard to the provisions of the development plan and to any other material considerations. Enforcement action is therefore not mandatory but will be for the Authority to use at its discretion.
2 What you can expect of us in carrying out our planning enforcement activities
2.1 The issue of Enforcement/Stop/Breach of Condition Notices to secure the cessation of an unauthorised activity or compliance with a condition will only be used where negotiations with the operator or landowner have failed to resolve the matter and it is considered to be in the public interest to pursue the matter further, through legal action.
2.2 The Authority’s approach to enforcement will depend on the circumstances of the case and the damage or potential damage being caused to, for example, the environment, residential amenity or highway safety.
Any action taken will be proportionate to the actual or potential harm to, and effects on, the built and natural environment.
2.3 When a minor breach of planning control occurs, and the party responsible has given written confirmation of their intention to comply with the required remedial action within a reasonable, prescribed timescale, no immediate enforcement action will be initiated. Only if the matter is not satisfactorily resolved within the prescribed timescale will the Authority consider the use of its enforcement powers.
2.4 When a serious breach of control occurs, the Authority will serve the most appropriate notice in order to remedy the breach or effect necessary improvements.
2.5 There will normally be an opportunity to discuss, with an officer, any breach of planning control before the Authority takes enforcement action. The only exception to this is where the breach of planning control is considered to be so severe that urgent action is necessary.
2.6 Where there is a right of appeal against formal action, advice on how to appeal will be clearly set out in writing at the time action is taken.
2.7 All communications will be clear and will distinguish between advice and legal requirements. Appropriate translated material will be provided where necessary and practical help provided for people with impaired hearing, vision or other disabilities.
3 Procedures for Investigation
3.1 The monitoring and enforcement officers endeavour to inspect all operational sites. However some sites, where there are complex conditions or a history of non-compliance, will be inspected more frequently.
3.2 When visiting sites for enforcement purposes, officers will seek the co-operation of the owner or occupier.
3.3 If necessary, officers will advise an owner/occupier of their right of entry. If entry is refused, the person will be advised in writing of the Authority’s intention to obtain access at a future time. It will be explained that a subsequent refusal to allow entry will be regarded as an ‘obstruction’ and an offence under the Town and Country Planning Act.
3.4 Although routine inspection of active sites can identify breaches of planning control, it is often the case that unauthorised operations are brought to the Authority’s attention by members of the public, either directly or via Parish Councils. The Authority will not disclose the source of any such complaint to the individual or company concerned.
3.5 When an alleged breach of planning control is reported to the Authority, the site will be inspected within five working days.
3.6 Where the Authority determines that it is not the appropriate enforcement authority, it will pass the complaint to the relevant authority within five working days of reaching that conclusion and inform the complainant that it has done so.
4 Conduct of Investigating Officers
4.1 The investigating officers will:
-identify themselves by name and organisation and carry identification
-explain clearly the purpose of their visit
-act with courtesy, honesty and openness
-exercise their judgement impartially
-respect commercial confidentiality provided that to do so would not conflict with any enforcement proceedings
-if necessary, caution an individual under the Police and Criminal Evidence Act (PACE)
-confirm to the person or company, in writing and within five working days of their visit or meeting, if they find there has been no breach of planning control.
5 Involving the Complainant
5.1 The Authority will endeavour to respond to a complainant within 10 working days of the complaint:
-confirming whether or not there has been a breach of planning control
-setting out the Authority’s intentions, including any timetable to which it will be working.
However, enforcement issues can be complex and it is sometimes the case that the Authority is unable to obtain sufficient information within 10 working days to be able to respond meaningfully to the complainant. In such circumstances it will explain why it has been unable to investigate fully and will tell the complainant when to expect a further response.
5.2 The Authority will keep complainants informed of progress on the case under investigation, as considered appropriate by the case officer.
5.3 Complainants may be asked to assist the Authority if the matter results in a Local Inquiry or court proceedings. This may mean that the complainant is asked to sign a written statement and to attend formal proceedings.
6 Delegation of Enforcement Powers
6.1 The serving of a Planning Contravention Notice, a Breach of Condition Notice or a Temporary Stop Notice can be authorised by the Director of Planning and Community.
6.2 Any other legal action, except in cases of urgency or emergency, may only be undertaken after a resolution of the Authority’s Development Control Committee.
7 Prosecution
7.1 The Authority will normally prosecute in respect of serious breaches of listed building or advertisement control (where a breach of control is, in itself, an offence) and for non-compliance with the terms of a Breach of Condition, Enforcement or Stop Notice. In such cases, proceedings will be instituted with the aim of preventing any ongoing breach of planning control and securing compliance with the requirements of the Notice previously served.
7.2 Once court proceedings have commenced, a prosecution shall not be withdrawn or discontinued solely because a Notice has been complied with prior to the court hearing. The Authority will consider whether the public interest requires that the prosecution should proceed, despite the compliance, or whether the proceedings may properly be withdrawn or discontinued.
NB This procedure will be reviewed on a two-year basis. The next review will be in 2008.
