PAPER D
PLANNING ENFORCEMENT QUARTERLY
REPORT
Contact:
Steve Cornwell (Planning Enforcement Team Leader)
Summary
This report updates the statistical
information considered at the 1 November 2005 Development Control Committee
Meeting and completes the last calendar quarter statistics for 2005
The second part of the report looks
at the ODPM Development Control Statistics for England 2004/05 and assesses the
Isle of Wight performance when compared to other authorities in England.
SCHEDULE OF ENFORCEMENT STATISTICS –
31 DECEMBER 2005
|
NUMBER OF GENERAL ENFORCEMENT COMPLAINTS RECEIVED |
|||||
|
|
JAN – MAR |
APR – JUNE |
JULY – SEPT |
OCT – DEC |
TOTAL |
|
2002 |
118 |
123 |
122 |
95 |
458 |
|
2003 |
106 |
147 |
147 |
108 |
508 |
|
2004 |
112 |
96 |
146 |
49 |
403 |
|
2005 |
118 |
122 |
157 |
128 |
525 |
|
NUMBER OF GENERAL ENFORCEMENT NOTICE (EN) SERVED |
|||||
|
|
JAN – MAR |
APR – JUNE |
JULY – SEPT |
OCT – DEC |
TOTAL |
|
2002 |
6 |
11 |
5 |
4 |
26 |
|
2003 |
4 |
5 |
3 |
6 |
18 |
|
2004 |
5 |
2 |
6 |
1 |
14 |
|
2005 |
4 |
2 |
4 |
6 |
16 |
|
NUMBER OF BREACH OF CONDITIONS NOTICES (BCN) SERVED |
|||||
|
|
JAN – MAR |
APR – JUNE |
JULY – SEPT |
OCT – DEC |
TOTAL |
|
2002 |
6 |
4 |
8 |
5 |
23 |
|
2003 |
9 |
23 |
19 |
2 |
53 |
|
2004 |
5 |
0 |
11 |
1 |
17 |
|
2005 |
3 |
8 |
11 |
12 |
34 |
|
NUMBER OF PLANNING CONTRAVENTION NOTICES (PCN) SERVED |
|||||
|
|
JAN – MAR |
APR – JUNE |
JULY – SEPT |
OCT – DEC |
TOTAL |
|
2002 |
3 |
2 |
4 |
5 |
14 |
|
2003 |
3 |
1 |
3 |
8 |
15 |
|
2004 |
3 |
2 |
0 |
5 |
10 |
|
2005 |
13 |
5 |
3 |
9 |
30 |
The most noticeable change in the
figures is the rise in the number of general enforcement complaints which has
gone up by 122 between 2004 and 2005. This represents a 30% increase over the
year. This figure also excludes complaints relating to questions raised over
compliance with approved plans or compliance with planning conditions imposed
on new developments.
In March 2005 powers came into force
amending the Town and Country Planning Act 1990 enabling the Local Planning
Authority to serve a Temporary Stop Notice against a breach of planning control
where it was considered necessary to safeguard the amenity of the area that the
use/activity should stop immediately. A notice can also be served where a
developer fails to comply with a planning condition.
The Local Planning Authority took
advantage of these new powers on three occasions between March 2005 and
December 2005.
The first use related to the failure
of a developer to comply with a condition with regards to the investigation and
treatment of potentially contaminated land at a residential development site in
East Cowes. The services of the notice resulted in the development site being
closed down until the contamination issue was resolved. The second notice
related to an authorised construction of a hardcore roadway in Lake. This
brought a cessation to the importation of material and the Council is now in
the process of serving an enforcement notice requiring the removal of the
imported hardcore. The third notice was served on the developers of the Newport
Bus Station site with regards to their failure to comply with a condition which
required any traffic entering the public highway from the site to be cleaned of
mud so no material was brought out onto the public highway. The notice brought
about changes to vehicle management removing the problem.
OBSERVATIONS ON ODPM DEVELOPMENT CONTROL STATISTICS
FOR ENGLAND 2004/05
The Government Office has
produced a range of performance criteria across the 354 local planning
authorities in England. These included metropolitan districts, unitary
authorities and the London boroughs but not county councils.
I have not sought to base any
comparison on the geographical area or populations concerned but have simply
used the raw data of other local planning authorities compared to the Isle of
Wight.
The Isle of Wight Council served a
total of 14 Enforcement Notices within this period.
Locally in comparison to the 13
Hampshire authorities this puts us joint fourth behind New Forest (33),
Winchester (23) and East Hampshire (17).
Nationally there were 117
authorities (including the London boroughs) who served the same or more. This
puts us within the top 33% nationally. (The previous year we were in the
top 15% with 22 notices served.)
The Isle of Wight Council served a
total of 7 notices during the period reported.
Locally, this was exceeded by
Southampton (13) and New Forest and Hart (9 each).
Nationally, there were 50
authorities which exceeded or equalled this figure. This puts us in the top 14%. (The previous year we were second in the entire country with 39
notices served.)
This is a mechanism
through which a LPA can obtain information relating to an alleged breach of
planning control. It is obviously an
alternative to obtaining information by letter or seeking to verify certain
information if the source is considered to be unreliable.
The Isle of Wight Council served 26
notices during the survey period.
Locally, only Winchester (72) and
East Hampshire (34) exceeded this figure.
Nationally, 50 Local Planning
Authorities equalled or exceeded our figure.
This puts us in the top 14% nationally. (The previous year we were in the top 25% with 13 notices.)
In comparison to the activities of
the previous year, the number of Enforcement Notices served is down which runs
contrary to the national trend that showed a 10% increase. Consequently we have
slipped in the national ratings.
This also applies to the use of
Breach of Condition Notices which showed a dramatic fall in our ranking
contrary to the national trend of a 5% increase. I would attribute the drop in BCNs
specifically to the vacancy and then settling in period in the Commencement Officer
post.
The Local Planning Authority is
making greater use of the Planning Contravention Notices which is in line with
the national trend up 12%.
I believe that the reduction in
performance on 2004-5 was attributable to the staffing issues in the Team. Year
2005-2006 has seen a more settled team and I expect this to be reflected in our
ranking when the next set of English statistics is produced.
Recommendation
That the above report is noted.