The Year I Stopped to Notice

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Revision date: 06 03 2014 How does a local planning authority decide whether to serve a temporary notice? Revision date: 06 03 2014 Can a temporary stop notice be used on land not owned by those living on it? within 4 years of substantial completion for a breach of planning control consisting of operational development; Planning permission may be revoked or modified to such an extent by the local planning authority as the local planning authority considers expedient or where development has stalled. In doing so the authority must have regard to the development plan and to any other material considerations.

c. the local planning authority issue a lawful development certificate confirming that the development was lawful; Local planning authorities may issue a completion notice where development has stalled, and the authority is of the opinion that it will not be completed within a reasonable period. Accompanied by stunning watercolour illustrations from Luci Power, Miranda’s poetic vignettes take us on journeys of discovery and share with us the joy of stopping to notice. Revision date: 06 03 2014 Could the local planning authority be liable for compensation as a result of serving a stop notice?

Transcript

A planning contravention notice is not available for use where there are suspected breaches of listed building control, hazardous substances control or control of protected trees. The local planning authority can decline to determine a retrospective planning application if an enforcement notice has previously been issued ( section 70C of the Town and Country Planning Act 1990). No appeal under ground (a) may be made if an enforcement notice is issued within the time allowed for determination of a retrospective planning application.

When there are special reasons for specifying an earlier date a stop notice may take effect before 3 days, in which case, a statement of reasons must be served with it. For example, it may be considered essential to protect an Area of Outstanding Natural Beauty, Green Belt or conservation area, from operational development (such as buildings, roadways or other hard surfaces) which if it continued, would be especially harmful. The restrictions apply to all land in which a Crown body has any interest. Where a Crown body does have an interest, anything which must or may be done by or to the owner of the interest in land must be done by or to the appropriate authority ( section 293 of the Town and Country Planning Act 1990). An interest in land includes an interest only as an occupier of the land. listed building consent and planning permission for relevant demolition are not granted retrospectively.

Comments

In deciding, in each case, what is the most appropriate way forward, local planning authorities should usually avoid taking formal enforcement action where:

There are restrictions on what a temporary stop notice can prohibit ( section 171F of the Town and Country Planning Act 1990): The rules relating to compensation where a planning permission has been discontinued are set out in section 115 Town and Country Planning Act 1990. There may be liability for a local authority to pay compensation in respect of damage suffered due to: Revision date: 01 09 2015 What powers do local authorities and the police have to take against unauthorised encampments? This book is a delight ... the world is full of little surprises, momentary little fountains of pleasure and beauty, that could be visible to all of us if we learned to stop and notice' Philip PullmanThese default powers should be used when other methods have failed to persuade the owner or occupier of land to carry out, to the local planning authority’s satisfaction, any steps required by an enforcement notice.