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Planning Enforcement Notes

LPC Law Notes > Commercial Property Notes

This is an extract of our Planning Enforcement document, which we sell as part of our Commercial Property Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Commercial Property Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Elective: Commercial Property

Commercial Property

1. Planning Enforcement

LPA enforcement powers:
? New and improved powers given to LPA by Planning and Compensation Act 1991. Updated the TCPA 1990. Ss.171-196 TCPA 1990 = LPAs wide powers to enforce.
? Enforcement powers for BREACH of planning control
? Definition of BREACH: "when a development is carried out without the requisite planning permission or where a condition / limitation is not complied with. [S.171A(1)]
? S.73A TCPA: it is not an offence to carry out development without first obtaining pp. Applications can be retrospective. If developer is likely to get pp then LPA should suggest they make a S.73A application instead of pursuing enforcement action.

? LPA has DISCRETION in deciding whether to enforce / take action. The breach is not an automatic offence. [LPA may consider enforcement to be expensive and create bad publicity]
? LPA should consider whether breach has caused a unacceptable affect on public amenity or on the existing use of the land / does the building merit protection in the public interest
? Time Limits [S.171B TCPA]: 4 years from date of
? Any kind of operational development operation being without Planning Permission substantially e.g. building an extension / any new completed development. 4 years from date of
? Change of use to a single dwelling house breach 10 years from date of
? Everything else breach If S.171B time limits [i.e. 10 years / 4 years] has expired. Enforcement notice is technically ultravires at this point! The development becomes immune from enforcement action. Type of enforcement Enforcement notice

1 How it works Issue and Service of the notice
? S.172-182 TCPA
? Veryflexible - can be used to address any kind of breach
? When LPA will issue [it is not an automatic right] =
o When there is an apparent breach of planning control; and o It is expedient to issue an enforcement notice having regard to the development plan and other material considerations. o It will generally be regarded as unreasonable for the LPA to issue an enforcement notice solely to remedy the absence of a valid planning

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