REPORT OF HEAD OF PLANNING SERVICES
INTRODUCTION OF POWERS ENABLING SERVICE OF A TEMPORARY STOP
NOTICE
Officer: Mr S
Cornwell Tel: (01983) 823592
Planning Enforcement Team Leader
Summary
To familiarise Members of this Committee with changes introduced by the Planning and Compulsory Purchase Act 2004 which inserts new sections into the Town and Country Planning Act 1990 enabling the Authority to serve a Temporary Stop Notice. This came into force on 7 March 2005.
Part 4 of the Planning and Compulsory Purchase Act 2004 inserted new sections 171E to 171H into the Town and Country Planning Act 1990. These sections give powers to Local Planning Authorities to serve Temporary Stop Notices when “it is expedient that the activity which amounts to the breach is stopped immediately”.
In essence, the Temporary Stop
Notice provides the Local Planning Authority with a more immediate response to
a breach of planning control providing a breathing space within which it can
consider following up with an Enforcement Notice, Stop Notice or possibly an
injunction. The Notice expires at the
end of twenty-eight days.
These can
include:
1.
ancillary or incidental uses,
2.
a particular activity taking place on part of land or within
part of a building,
3.
intermittent or seasonal activities,
4.
a specific building or area of a site,
5.
deposit of refuse or waste material.
The
Temporary Stop Notice can require that the activity cease altogether or seek a
reduction in the level of the activity.
In making the judgement the Council should have regard to the impact on
the business concerned and the level of disamenity that is being caused to
local residents and the number of residents that are being affected.
A
Temporary Stop Notice can also be served where conditions are being breached
that can result in serious harm. For
example:
1.
where an archaeological survey was required before works
commence,
2.
where tree protection was required before works commence,
3.
where a tree survey to identify trees to be retained before
works start,
4.
where wheel-washing equipment was required to be installed.
Reference
has been made to this power controlling difficulties associated with travellers
occupying sites. Whilst the Temporary
Stop Notice procedure offers more control than previously existed, it is not an
all-embracing solution. The legislation
clearly states that the Notice cannot be served on a caravan situated on land
where this represents the main place of residency of the occupier. A Notice can be used to prohibit the
stationing of additional caravans on land or the installation of further
support facilities. However, the
Authority should ensure that a basic minimum standard of health and hygiene are
maintained, such as the provision of temporary foul waste facilities.
There are
exceptional circumstances when a Notice can be served on a caravan occupying
land as a main residency. This would be
a situation where the risks of damage to a site or to the occupier are so
serious that the compelling public interest should outweigh the benefits of the
occupants. The legislation identifies
ten examples including where the site is a Site of Special Scientific Interest,
an ancient monument, a battlefield site or a site of potential archaeological
interest. Other circumstances relate to
where a danger of pollution could occur to the occupants of the caravans from
adjoining activities or from pollutants present within the site itself.
When a person contravenes a Temporary Stop Notice they would be guilty of an offence which would be prosecuted through the Magistrates’ Court. The fine should not exceed £20,000. The Courts can have regard to any financial benefit that may have accrued or appears likely to accrue from the breach.
Local Planning Authorities are liable for any loss or damage directly attributable to a Temporary Stop Notice if it transpires:
1. that the
activity prohibited has planning permission or the relevant planning condition
has been complied with,
2. that the
activity turns out to be permitted development,
3. that the
activity is covered by a subsequent Lawful Development Certificate,
4. that the
Authority withdraws the Temporary Stop Notice.
Speed is of the essence when deciding whether to use a Temporary Stop Notice and then issuing it. On the basis that breaches can occur out of normal working hours and with the desire to serve the notice as rapidly as possible, Officers will be seeking delegated powers to issue notices without reference to Committee Members or the Chairman of the Committee. Obviously, any actions will be reported to Committee through the quarterly reports.
None (unless we face a
compensation claim).
The introduction of the Temporary Stop Notice procedure provides the Local Planning Authority with another mechanism through which to address breaches of planning control. In that context, the additional powers are to be welcomed. Discussions have already taken place with the legal section on acquiring the additional delegated powers from full council and on the most effective way to make the maximum use of the powers when it becomes necessary.
Recommendation That information contained in this report be noted. |