new Act preventing repeat planning applications?

[catcuddler]

Imagine a person carrying out development without permission. The council's enforcement dept are informed. The person then submits a retrospective planning application. It is obvious it will be refused so it is later withdrawn before a planning decision is made. A second application, slightly different, is then made, then later withdrawn. Then a third application is made, then withdrawn. And so it goes on.

The Council's enforcement dept know about this unpermitted development, but won't take action while there is a planning application in progress.

I can understand this partly, because the council may well spend resources on stopping something which a few weeks later is granted permission.

But - a chunk of the development that has taken place, is not included or described in the application - so why on earth can't the council deal specifically with that?

Also, I heard that a new Act had either been passed, or was being drawn up, to prevent rthese epeat applications - ie to stop applicants abusing the system, especially those applicants who using repeat applications as a delaying/wearing down/money-saving tactic.

So, does anyone know if there is/will be an Act which prevents a person putting in practically the same application more than 3 times?

[pdk]

First, it is entirely at the discretion of a Local Planning Authority to take enforcement action. They don't need to wait for a planning application and, especially if some form of amenity harm is being caused, they can take action immediately. On the other hand, they needn't take any action at all, if they so wish...

There is is indeed planning law to prevent serial applications. In 1991 section 70A of the Town and Country Planning Act 1990 (as amended) was introduced. It allowed Council's to decline to determine 'similar' applications if lodged within two years, as long as there had also been no significant change in planning policy and other considerations. Applications don't have to be identical but substantially the same and there is no right of appeal against the authority's decision to not determine an application, although that decision may be legally challengeable.

A new section 70B of the Act also prevents 'twin tracking' - 2 applications lodged at different times but overlapping...

The 70A power though is discretionary and Circular 14/91 advises that the power should only be used by Council's where the applicant is seeking to 'exert pressure' by submitting repeats applications. I would have thought that an attempt to avoid enforcement action might be classed as 'exerting pressure'...

Thus, although the Powers are there it is entirely up to a Council to both take enforcement action and decline further applications... It does seem strange though for a Council to let this happen.

All I can suggest is that you go to a senior level at the Council and try and get a high level response...

Hope that helps!!

PETER

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...

[catcuddler]

Many thanks! This Act is just what I need, and will cut through all of the 'our solicitors advise...' and other mumblings of quasi-excuses! I'm not looking forward to this, but I can now pursue this using this Act as support! Thank you.

[catcuddler]

Hello again. As I expected, the LA is waiting to see the determination on this retro PA. But I asked them what would happen if it was refused and the breach continued - would they then move? They advised that they would have to go back to square one time-wise.

I'll explain: Enforcement have been aware of this for over 2 years. In this summer, they issued a Request for Further Information. They said that if this wasn't replied to, they had to issue a reminder 21 days later, then another, then another etc. They said they wouldn't necessarily take action if they did not receive a reply!

So, what the LA are saying is, if the PA is refused, they have to return to the beginning of this request process. Of course that will take time, and by then the applicants will have submitted yet another PA for the same thing.

If this PA is refused, or if it is granted but other unclaimed activity is still continuing, what can I put pressure on the LA to do?

[pdk]

The powers are discretionary.... its totally up to the Council... can you put pressure on the council??

I can only suggest you have a meet with a senior planner

PETER

NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...