The Year I Stopped to Notice

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It is an offence to contravene a temporary stop notice, and a local planning authority should always consider prosecution as soon they have evidence of an offence ( section 171G of the Town and Country Planning Act 1990).

It is not possible to issue a further temporary stop notice unless the local planning authority has first taken some other enforcement action against the breach of planning control ( section 171F(5) of the Town and Country Planning Act 1990). Revision date: 01 09 2015 What powers do local authorities and the police have to take against unauthorised encampments? A completion notice may be served where planning permission has been implemented before the commencement deadline but has not been completed after this deadline has elapsed. The Court may grant an injunction against a person whose identity is unknown ( section 187B(3) of the Town and Country Planning Act 1990). Nevertheless local planning authorities will need to identify, to the best of their ability, the person against who the injunction is sought. The following may be used in support of the authority’s submission to the Court: However, the time-limits set out above do not prevent enforcement action after the relevant dates in certain circumstances. These are:A local planning authority can issue a notice if, having regard to the development plan and to any other material considerations, they consider it is in the interests of the proper planning of their area, including being in the interests of amenity: in their assessment, the local planning authority consider that an application is the appropriate way forward to regularise the situation, for example, where planning conditions may need to be imposed. the implications of not complying with the notice by the time specified in the notice, the result being that the planning permission shall become invalid. There are restrictions on what a temporary stop notice can prohibit ( section 171F of the Town and Country Planning Act 1990): This book is a delight … the world is full of little surprises, momentary little fountains of pleasure and beauty, that could be visible to all of us if we learned to stop and notice as Miranda Keeling does.' Philip Pullman

A local planning authority can prosecute for a failure to comply with a notice as well as using default powers. A planning contravention notice may only be served when it appears to the local planning authority that a breach of planning control may have occurred and they want to find out more information before deciding what if any enforcement action to take. It should not be used to undertake an investigative trawl just to satisfy the local planning authority about what activities are taking place on a parcel of land. c. the local planning authority issue a lawful development certificate confirming that the development was lawful; they have taken account of what appear to be relevant considerations, including the personal circumstances of those concerned; Local planning authorities also have several planning tools available to encourage stalled housing development to be brought forward. These include:Before deciding to serve a stop notice, the local planning authority’s representative should discuss, whenever practicable, with the person carrying on the activity, whether there is any alternative means of production or operation which would overcome the objections to it in an environmentally and legally acceptable way. within 4 years of substantial completion for a breach of planning control consisting of operational development; Which is exactly what author, actor and social media personality Miranda Keeling does in this podcast series. There is no right of appeal to the Secretary of State against a breach of condition notice. The validity of a breach of condition notice, and the propriety of the local planning authority’s decision to serve a breach of condition notice, may be challenged by application to the High Court for judicial review. A person guilty of an offence is liable on conviction to an unlimited fine. In determining the amount of any fine, the Court is to have regard to any financial benefit which has been accrued or appears likely to accrue in consequence of the offence ( section 179 of the Town and Country Planning Act 1990). Therefore, prosecuting authorities should always be ready to give any available details about the proceeds resulting, or likely to result, from the offence, so that the Court may take them into account.

Accompanied by stunning watercolour illustrations from Luci Power, Miranda’s poetic vignettes take us on journeys of discovery and share with us the joy of stopping to notice. Revision date: 01 09 2015 Build-out What action can local planning authorities take to encourage the implementation of housing permissions? This book is a delight ... the world is full of little surprises, momentary little fountains of pleasure and beauty, that could be visible to all of us if we learned to stop and notice' - Philip Pullman In a shop window in Walthamstow headless mannequins display different coloured saris to an empty street. Local planning authorities have responsibility for taking whatever enforcement action may be necessary, in the public interest, in their administrative areas. It should be noted that local authorities have a range of enforcement powers that extend beyond planning, as do the police in certain instances. See, for example, the note on dealing with illegal encampments.The message of the book is a good one. Notice more of the things in your life. The reality is... The author edited the things they noticed down to ones they liked and even most of those I thought were just a bit pointless. The pieces that worked were the particular ones that stirred emotions in the reader. So after a while, they started to sift out the weaker texts and use constraints to achieve a more consistent success rate. There are a number of restrictions on the right of entry, including: 1. Damage to land or chattels: the reasons why, in the local planning authority’s opinion, the development will not be completed within a reasonable time; Where the local planning authority decides to withdraw the completion notice after it has been served, it must give immediate notice of the withdrawal to every person who was served with the completion notice.

A planning contravention notice is not available for use where there are suspected breaches of listed building control, hazardous substances control or control of protected trees. The restrictions apply to all land in which a Crown body has any interest. Where a Crown body does have an interest, anything which must or may be done by or to the owner of the interest in land must be done by or to the appropriate authority ( section 293 of the Town and Country Planning Act 1990). An interest in land includes an interest only as an occupier of the land. listed building consent and planning permission for relevant demolition are not granted retrospectively. a) that any use of land should be discontinued or that any conditions should be imposed on the continuance of a use of land; or

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There are statutory consultees and other third parties whose action is also necessary, in particular, county councils as highways authorities. Local planning authorities should take an active role in chasing the county council to implement local highways matters. Revision date: 06 03 2014 Enforcement of hazardous substances control What enforcement action can be taken against breaches of hazardous substances consent? The local planning authority must enclose with the enforcement notice information about how to make an appeal. This information is contained in the information sheet provided by the Planning Inspectorate which local planning authorities should use. Every copy of the enforcement notice must also be accompanied by an Explanatory Note containing the information specified in regulation 5 of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 (as amended). Revision date: 22 02 2018 See previous version Is it possible to take enforcement action against only some parts of a breach of planning consent? Revision date: 06 03 2014 Injunction How does a local authority decide whether seeking an injunction to restrain a breach of planning control is appropriate?