Planning Enforcement

Offers practical help for all surveyors whose services may be required to advise on enforcement matters. These guidance notes outline the long-established powers of local planning authorities to serve enforcement notices, where expedient, in order to remedy breaches of planning control.

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These guidance notes offer practical help for all surveyors whose services may be required to advise on enforcement matters. They outline the long-established powers of local planning authorities to serve enforcement notices, where expedient, in order to remedy breaches of planning control. The new procedures, introduced by the Planning and Compensation Act 1991, are explained in a jargon-free style providing easy access for all levels of experience. This guide gives a chapter-by-chapter explanation of the strengthened enforcement powers introduced by the 1991 Act, providing comprehensive information about their various applications, and gives factual information on appeals, particular to enforcement notices, taken from the Royal Institution of Chartered Surveyors planning appeals.
The publication includes information on the following: the Planning Contravention Notice (PCN) - in terms of its intention to supplement previous powers to requisition information about interests in land, while not actually constituting taking enforcement action; the Breach of Condition Notice (BCN) - with particular attention to the instances where a BCN may be served, and the consequences of failing to respond or comply; Certificates of Lawful Use or Development - introducing the two new procedures for obtaining a certificate for an existing or proposed operation, use or activity; injunctions - covering the grounds on which an injunction can be granted; amended powers relating to Stop Notices - introducing the amendments relating to stop notices brought in by the 1991 Act, and the situations whereby they may be served.