April '20 Planning Enforcement Newsletter

Ivy Legal's Planning Enforcement Newsletter April 2020

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ENFORCE

Dear Sir/Madam,

In these strange times local authorities generally and planning enforcement teams specifically grapple with the practical effects of Covid-19 and the fallout of lockdown. We trust all our readers are keeping safe, doing their bit.

Sadly, we are also already seeing many instances of planning perpetrators taking advantage of the Covid-19 situation. As enforcement officers of course we need to consider the impact of Covid-19, including people's health and finances, etc. This probably translates to longer appeal periods and periods for compliance with notices. But what Covid-19 does not do, is give carte blanche to breach planning controls with impunity.

Izindi Visagie

izindi@ivylegal.co.uk

www.ivylegal.co.uk

Planning responses to COVID-19

Renters will be protected from eviction. Landlords will have to give all renters 3 months’ notice if they intend to seek possession. Guidance
The government sets out measures to relax permitted development right allowing the temporary change of use of a pub and a restaurant to a hot-food take away for a period of up to 12 months. Press release
In a Written Ministerial Statement, local planning authorities are to take a positive approach to food retailers and distributors, as well as the freight industries and should not seek to undertake enforcement action that would create a barrier that would result in unnecessary restrictions to delivering essential services during this period.
The Scottish Government has announced in a letter to planners the relaxation of rights permitting pubs and restaurants to offer take away service during the outbreak. Planning Resource

Appeals Court

A man has lost his claim in the Court of Appeal challenging his “manifestly excessive” fine issued in the Sheffield Crown Court for failing to comply with an enforcement notice. The defendant took over 20 months after the compliance date to demolish a first floor extension. In sentencing, the judge remarked that the defendant “simply ignored the enforcement notice for a very, very long period of time”. He described the offence as “flagrant” and Mr Bloor’s attitude to the enforcement notice as “cavalier”. Recognising the guilty plea, the judge applied a 25% reduction and fined Mr Bloor £15,000. The Court of Appeal judges found that in setting the level of fine, the judicial assessment took into account all relevant factors and met fairly and proportionately the objectives of punishment and deterrence. No.5 Chambers & Planning Resource

High Court

A man failed in his challenge to overturn Southampton City Council’s decision to decline to determine his retrospective planning application. The Council’s enforcement notice issued in 2017 alleging the use of the ground floor of a grade II listed church for the display and sales of motor vehicles, with residential above, was upheld on appeal. The applicant made a further attempt at obtaining planning permission for the development subject to the pre-existing enforcement notice. Mrs Justice Lang did not accept that it was the Council’s decision to punish the applicant, as claimed, and concluded that the Council had applied the law correctly. Planning Resource

Prosecution and confiscation

Bradford Council successfully prosecuted a homeowner for failing to demolish a “crude and mundane” outbuilding in breach of an enforcement notice despite being granted additional time to do so. Before issuing notice, a retrospective planning application was rejected and an appeal against the refusal dismissed. In sentencing, the Magistrates fined the man £120 and ordered him to pay £100 in costs. Article
Pembrokeshire County Council prosecuted a man for failing to comply with an enforcement notice requiring him to remove machinery, a caravan and unauthorised decking and to cease using the site for storing vehicle parts and scrap metal. He was found guilty, fined £100 and ordered to pay £255 costs. Article

Appeals

A developer loses an appeal against an enforcement notice requiring the demolition of an over-ornate boundary treatment and entrance built without permission at the Solent Grange residential development in Milford-on Sea. The Planning Inspector compared the ‘flamboyant’ design to ‘plonking an Athenian mini-Erechtheion’ into a coastal plain. Article
An Inspector upheld Newham Council’s enforcement notice against the use of terrace house in Canning Town as a small HMO (Use Class C4) for 4 households. The Inspector found the use unacceptable in principle as it resulted in the loss of a property capable of providing 3 or 4 bedrooms and thereby family accommodation. Planning Resource
Grand Designs homeowner has lost his appeal against enforcement notice issued by North Devon council. The enforcement notice seeks to remove an unsightly timber fence added to a stone boundary wall along Croyde Road. Article
An Inspector quashed an enforcement notice alleging the erection of dwellinghouse issued by Maldon District Council. The Inspector found that as a matter of fact a breach has not occurred and made an award of costs against the council for unreasonable behaviour, including failing to submit an appeal statement despite an extension of time being granted and also failing to respond to a cost application thereby not defending it decision to issue a notice. Planning Resource.
An appellant has lost his appeal against Telford and Wreking Council’s enforcement notice requiring demolition of a building. The Inspector concluded that the building was not permitted development as it was not designed as a traditional barn for agricultural purposes and was not reasonably necessary for the purposes of agriculture within the unit. Planning Resource
A man of Atworth is appealing Wiltshire Council enforcement notice seeking removal of a shipping container at his property. Article

Other Planning Enforcement News

Barnet Council has taken enforcement action against Tesco, Colney Hatch Lane, for failing to comply with a planning condition. The main issue is the congestion caused when drivers use Tesco car park as a rat run during busy period on the North Circular. Article
Celebrity architect, Dermot Bannon, secures retrospective planning permission for a controversial outdoor, open bathtub. Article
Yorkshire dales National Park Authority has deferred enforcement action against the owners of the Falls Country Park at Ingleton because they have shown “real willingness” to reduce the visual impact of hard surfacing for caravan pitches. Article
Tendring Council investigates an untidy, rundown site in Harwich. Article
Shropshire Council investigates complaints that developers, Taylor Wimpey and Persimmon Homes, are failing to follow an approved construction and environment management plan. Article
Wigan Council considers enforcement action against a shop turned fish and chips take away. Article

Enforcement service

The LGO ordered Flintshire Council to pay £3,500 in compensation to a complainant for suffering persistent and intrusive disruption as a result of maladministration. The council has now issued an enforcement notice. Article

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This newsletter is not legal advice. The content of this newsletter has been collected from publicly available sources and Ivy Legal does not accept any liability for reliance on the information contained in it.

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