The Enforcement of Unlawful Building in Harlow
CODE OF PRACTICE FOR THE
ENFORCEMENT OF PLANNING CONTROL
ENFORCEMENT NOTICES SERVED BY
HARLOW COUNCIL.
The following lists those served by Harlow Council since 2000
and is up to date.
You
may wish to follow this link to better understand what is
permissable through Development Control.
Please use this form to
REPORT AN ALLEGED BREACH OF PLANNING CONTROL
We will respond to your concerns within ten working days.
Introduction
This code of practice sets out the
approach to be taken by Planning Services Development Control
section in relation to planning enforcement matters and is intended
to promote a clear understanding of the operation of the planning
enforcement service to residents, businesses and other parts of the
community. This code is intended to contribute to the encouragement
and improvement of fairness, transparency and consistency of the
service. This code incorporates the Service Level Agreement between
Planning Services and Legal Services.
The code of practice is principally
concerned with complaints relating to:-
- unauthorised development, activities
or uses;
- non-compliance with conditions
imposed on a planning permission;
- unauthorised advertisements;
- untidy land or sites.
1.
Submission of Complaints
We will investigate written
complaints, those made at Planning Services reception, and
complaints made through a local Councillor or other elected
representatives. If you complain by telephone, you will be asked to
follow up the complaint in writing.
2.
Disclosure of Identity of Complainant
We will not normally disclose your
identity or release your complaint for public inspection without
first advising you of an intention to do so. However, if formal
legal action is taken and an appeal is subsequently submitted
against such action, then it may be necessary to reveal your
identity as part of the Council’s case at appeal. Similarly, where
prosecution proceedings are instituted, it may be necessary to
reveal your identity to the Court.
3.
Initial Processing of Complaint
We will:-
- Register your complaint and allocate
a case officer to investigate the matter. A written acknowledgement
of your complaint will be issued within 5 working days of receipt.
This written acknowledgement will advise you of the case officer
allocated to investigate the matter and the officer’s telephone
extension
4.
Investigation of a Valid Complaint About a Planning
Matter
We will:-
- Carry out an initial inspection
of the site which is the subject of your complaint within 10
working days of receipt of the complaint;
- Undertake further site
inspections as necessary to investigate your complaint, monitor the
site or interview those believed to be the cause. If appropriate,
the need for your assistance in site monitoring may also be
requested at this stage;
- Serve a Planning Contravention Notice
where it is necessary to obtain further information;
- Advise you in writing within 25
working days of receipt of your complaint if the investigation is
likely to be protracted and if there is a need for further
investigation. You will be given an estimate of the time period
such further investigation is likely to require.
5.
Complaints About Non-Planning Matters
Planning Services will not investigate
a complaint or undertake site inspections if your complaint is not
a planning matter. You will be advised of this is writing within 10
working days of receipt of your complaint. Any complaint relating
to another function of the Council will be referred to the relevant
Service or Department for consideration.
6.
Options For Action
Where appropriate, we will seek the
opinion of the Council’s Head of Legal Services on the merits of
the case, the evidence available to the Council and the necessity
and expediency of enforcement or other legal action. Following the
initial investigations and compilation of information, you will be
informed in writing of whether the Council can consider taking any
formal action. If it is considered that no action can be taken, you
will be informed in writing within 10 working days of this decision
being made. The letter will give the reasons for the decision.
Once a breach of planning control has
been established the options for action are as follows:-
- Ask contravenors to stop.
- Request a planning application/
Certificate of Lawful Development.
- Negotiate on relocation or design
amendment.
- Take no action.
- Issue Enforcement, Breach of
Condition or Section 215 Notice.
- Issue Discontinuance Notice or
summary prosecution for advertisements.
- Serve a Stop Notice.
- Seek an Injunction
- Issue/ serve a combination of
notices.
*NB An explanatory note in respect of
the above terms is provided at the end of this document.
If the development may be acceptable,
the Officer will request in writing that a planning application be
submitted by the relevant party within 10 working days. If a breach
of planning control is immune from enforcement action, it will be
suggested that an application is made for a Certificate of Lawful
Development.
If a planning application is received,
then this will be determined according to normal development
control procedures (see Code of Practice for the Processing of
Planning Applications). If an application is refused consent then
authorisation for enforcement action will be sought.
If formal action is considered
appropriate, authorisation will be sought from the Chair/ Vice
Chair of the appropriate Committee/ Area Forum. Upon their
agreement to act, and in respect of enforcement, breach of
condition, listed building works, tree preservation order and
advertisement notices, the following procedures will apply:-
- Within 10 working days of
authorisation of enforcement action, Planning Services will send
instructions and information to Legal Services.
- Legal Services will commence
proceedings and if more information, plans or evidence is required
from Planning Services, Legal Services will request this within 10
working days of receipt of instructions and information. Planning
Services will provide such additional information to Legal Services
within 10 working days.
- Upon first receiving instructions
from Planning Services, Legal Services, Legal Services shall
determine:-
(a) If additional information is
required on persons with an interest in the land, Legal Services
will prepare and serve a notice under section 330 of the 1990 Act,
or section 16 of the 1976 Act, or carry out a Land Registry search,
within 10 working days.
(b) If further information is required
about activities on the land, and a meeting may be required, Legal
Services will prepare and serve a Planning Contravention Notice
within 10 working days.
Legal will serve the notice within the
following timescales:-
(a) Within 2 months of
first receipt of instructions, or 2 months from receipt of any
additional information, plans or evidence requested.
(b) Within 1 month of the
return of the notices in a/b.
(c) If it is not
possible to serve the notice, Legal Services are to notify Planning
Services of the reasons before the end of the initial 2 month
period, and specify when the notice is expected to be served, and
provide monthly updates on the progress of cases. Two copies of the
notice shall be supplied to Planning Services.
Legal Services shall determine if
Recorded Delivery or personal service of notices is required. A
copy of the explanatory booklet “Enforcement Notice Appeals – A
Guide to Procedure” and copies of the appeal form should be sent
with an enforcement notice.
Stop Notices & Injunctions
With the above, which will be matters
of urgency for unauthorised operations which are seriously
detrimental, these will be served within one working day of
instructions being issued.
7.
Securing Compliance with the Notice
If a notice is not complied with,
Legal Services will advise as to which of the following is the most
appropriate action for securing compliance:-
(a) Prosecution
If it is advised to prosecute in the
Magistrates or Crown Court, Legal Services will advise on the
evidence to be collected, Planning Services will collect the
evidence and instruct Legal Services on the Council’s case. The
planning case officer/ Enforcement officer will prepare a witness
statement.
(b) Injunction
Where it is necessary to restrain an
actual or apprehended breach of planning control, Legal Services
will advise on whether it is appropriate to apply to the High Court
or County Court for an injunction.
(c) Direct Action
If Legal Services advise that the LPA
use their “default” powers to enter land and carry out the
requirements of a notice themselves, they should advise on the most
appropriate measures to ensure the safety of Officers and
contractors.
(d) Section 106 Agreements
If legal agreements are most
appropriate to ensure a notice is complied with, these will be
drafted by Legal Services (see Planning Obligations Protocol).
8. Appeals
Where an appeal is submitted against
an Enforcement Notice, the Code of Practice for the Processing of
Planning Appeals is applicable.
EXPLANATORY
NOTES
An Enforcement Notice
is a legal notice served by the Head of Legal Services which is
binding on those it is served upon and the land to which it
relates. It is used to attempt to secure the cessation of
unauthorised uses, operations or activities. A notice represents a
legal charge on the property. If an appeal is submitted against the
notice before it comes into effect, it cannot then do so until the
appeal is dismissed. It is an offence to not comply with the notice
within the specified period.
A Breach of Condition
Notice is a special form of enforcement action and is
served by Planning Services where a breach or non-compliance with a
condition attached to a planning permission has occurred. It is
served upon those responsible for the breach. There is no right of
appeal against this notice and it is an offence not to comply with
it within the specified period.
A Section 215 Notice (Untidy
Site Notice) is a legal notice served by the Head of Legal
Services which is binding on those upon whom it is served and the
land to which it relates. A notice represents a legal charge on the
property. Its purpose is to secure the tidying of a site in the
interests of the amenities of an area. If an appeal is submitted
against the notice before it comes into effect, it cannot be
enforced until the appeal is determined by the Magistrates Court.
It is an offence not to comply with the notice within the specified
period.
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