planning enforcement

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    • #710638
      lizzie
      Participant

      whats the statutory length of time regarding enforcement of conditions of full planning permission ?

    • #808307
      Anonymous
      Inactive

      What’s that?

    • #808308
      Anonymous
      Inactive

      Hi lizzie, i think your confused with unauthorised development. There is no enforcement time limits related to compliance with planning conditions.

    • #808309
      Anonymous
      Inactive

      Do you mean that if the planning impose conditions with a planning grant, there is no time limit to implement them. What is the point of ever imposing them in the first place then.

    • #808310
      Anonymous
      Inactive

      @lizzie wrote:

      whats the statutory length of time regarding enforcement of conditions of full planning permission ?

      normally a Council will write to an applicant with regard to planning compliance with the conditions whenever a commencement notice is lodged ie whenever the applicant commences the work to which the grant applies. This is because the conditions should be complied with prior to any work starting. the standard application has a 5 year life.

    • #808311
      Anonymous
      Inactive

      @MichaelCal wrote:

      Do you mean that if the planning impose conditions with a planning grant, there is no time limit to implement them. What is the point of ever imposing them in the first place then.

      Nope other way around, conditions have to be complied with by the applicant straight away as wearnicehats says. But if you were not to comply with a condition, then there is nothing to stop a local authority coming after you at any point in the future.

      For example if a condition limits opening hours of a business, it would be pointless if this could only be enforced for a period of say 5 years.

    • #808312
      Anonymous
      Inactive

      @wearnicehats wrote:

      normally a Council will write to an applicant with regard to planning compliance with the conditions whenever a commencement notice is lodged ie whenever the applicant commences the work to which the grant applies. This is because the conditions should be complied with prior to any work starting. the standard application has a 5 year life.

      this obviously applies to conditions that can actually be complied with prior to commencement. Any problems tend to surround anything that is supposed to be done afterwards eg reinstatement of existing landscaping / walls etc. The best thing to do is find out the planning reference of the scheme in question and go to / ring the Enforcement Officer in the relevant county council and have a chat about it

    • #808313
      Anonymous
      Inactive

      Can anyone shed light on this:

      An advertising sign was granted permission in 98 with a condition that stipulated that it should be removed after expiration of 3 years.

      I asked for a S154 notice to be issued as the sign was now breaching the planning condition (on the assumption that there was no time limit for planning conditions)

      I received a letter today stating that as the sign was not removed, it had become ‘unauthorised’ in 2001 and that since the LA had taken no enforcement action before 2006 they were now statute barred from taking action.

      I also referred to Section 157 Subsection 4(b) of the Planning and Development Act 2000 whereby “proceedings may be commenced at any time in respect of any condition concerning the use of land to which the permission is subject.”

      The LA argue that since the PP was for the replacement of the sign, the pre-existing landuse was advertising. Surely a landuse is not indefinate??

      The notion in the heads of the LA seems to be that once an advertising sign is erected, even if a time limit is given, once they fail to enforce over a five year period, then the advertiser has an defacto planning permission until the end of time.

      Can anyone point me to the relevant section of the Act or is there any case law that a removal time-limit means that after that period the development becomes unauthorised, and that after five years becomes authorised again??
      :confused:

      All seems very Kafka-esque to me.

    • #808314
      Anonymous
      Inactive

      Sounds like you have a straight forward case against the LA for not following up on a time limit condition.

      It could be argued that a letter should have gone out automatically when the three years was about to run out, notifying the owner that his sign had to come down.

      Not much point in imposing time limits, via planning conditions, if the planning authority hasn’t put in place even that simple mechanism for following them up, . . . your honour!

    • #808315
      Anonymous
      Inactive

      a straight forward case

      High court? Expensive. 🙁 Any one know if there is case law on this? i can’t see the logic in this supposed time limit, nor can find anything in the Act.

      I suspect that the LA are following the 1963 Act and not the 2000 Act.

    • #808316
      Anonymous
      Inactive

      Presumably the LA are thinking that, if they took a case against him, he could just say “Well, I took the sign down after three years, and then the next day I erected it again as an illegal development. Therefore it is up for five years as an illegal development, and thus it is now beyond the reach of Enforcement”.

      I am not an expert, but I think he could get way with it.

    • #808317
      Anonymous
      Inactive

      he could just say “Well, I took the sign down after three years, and then the next day I erected it again as an illegal development.

      Isn’t the onus of proof on the defendant in the absence of evidence that this was done ? They would have to purjure themselves to claim this.

      The LA are shockingly negligent in failing to follow up in any case.

    • #808318
      Anonymous
      Inactive

      Unless stated in the condition such as within 6 months of grant of permission or prior to commencement then there is no time limit, however if you do not carry out the conditions then you wont/shouldn’t be issued with a compliance cert as you have not complied with your planning.

    • #808319
      Anonymous
      Inactive

      Does a compliance cert limit permission in any way if a condition exists on the planning permission limiting the time for which a structure can be erected?

    • #808320
      Anonymous
      Inactive

      @forrestreid wrote:

      Presumably the LA are thinking that, if they took a case against him, he could just say “Well, I took the sign down after three years, and then the next day I erected it again as an illegal development. Therefore it is up for five years as an illegal development, and thus it is now beyond the reach of Enforcement”.

      I am not an expert, but I think he could get way with it.

      Must commence enforcement within 7 years of the expiry of planning permission.

      Must commence enforcement within 7 years of commencement of unauthorised development.

      Enforcement means Enforcement Notice or stronger – Warning Letter does not count.

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