The Year I Stopped to Notice

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Revision date: 22 02 2018 See previous version Is it possible to take enforcement action against only some parts of a breach of planning consent? Our short but lovingly crafted episodes are released every Tuesday and Thursday and offer a brief escape from life's hustle. Whether you're looking for inspiration or simply need a break from the chaos, the British Podcast Award-winning "Stopping to Notice" is the perfect podcast for you.

Local planning authorities have the power to revoke or modify planning permission under section 97 of the Town and Country Planning Act 1990 (as amended). Where necessary, local planning authorities also have a range of investigative powers for planning enforcement purposes. One option available is for the local planning authority to serve a planning contravention notice. A local planning authority can issue a notice if, having regard to the development plan and to any other material considerations, they consider it is in the interests of the proper planning of their area, including being in the interests of amenity: the reasons why, in the local planning authority’s opinion, the development will not be completed within a reasonable time; A failure to complete or return a notice within 21 days is an offence, as is providing false or misleading information on the notice ( section 171D of the Town and Country Planning Act 1990).c. the local planning authority issue a lawful development certificate confirming that the development was lawful;

The Planning (Hazardous Substances) Act 1990 requires hazardous substances consent to be obtained when a controlled quantity of hazardous substance is present on land. Provisions for enforcing against breaches of control generally follow the planning enforcement provisions, so far as they are appropriate, and a contravention of hazardous substances control is itself an offence. When applying to the Court, the local planning authority will have to provide affidavit evidence of their inability to ascertain the identity of the person, within the time reasonably available, and the steps taken in attempting to do so. The pieces that worked were the particular ones that stirred emotions in the reader. So after a while, they started to sift out the weaker texts and use constraints to achieve a more consistent success rate.Whether a particular notice “could have” required something is contingent upon the terms of the alleged breach of planning control set out in the notice. There is no right of appeal to the Secretary of State against a breach of condition notice. The validity of a breach of condition notice, and the propriety of the local planning authority’s decision to serve a breach of condition notice, may be challenged by application to the High Court for judicial review. Before deciding to serve a temporary stop notice, the local planning authority’s representative may choose to discuss, whenever practicable, with the person carrying on the activity whether there is any alternative means of production or operation which would overcome the objections to it in an environmentally and legally acceptable way. to ascertain whether there is or has been any breach of planning control on the land or any other land; exactly what, in the local planning authority’s view, constitutes the breach of planning control; and

A stop notice can prohibit any or all of the activities which comprise the alleged breach(es) of planning control specified in the related enforcement notice, ahead of the deadline for compliance in that enforcement notice ( section 183 of the Town and Country Planning Act 1990). The contents of a completion notice are not set out in regulations, but including the following information will help the owner/occupier understand: A man is wrestling with his lime green umbrella, which doesn’t want to perform its function in this breeze.’ Nothing in this guidance should be taken as condoning a wilful breach of planning law. Enforcement action should, however, be proportionate to the breach of planning control to which it relates and taken when it is expedient to do so. Where the balance of public interest lies will vary from case to case. There are restrictions on what a temporary stop notice can prohibit ( section 171F of the Town and Country Planning Act 1990):

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There are new episodes every Tuesday and Thursday. These short but lovingly crafted episodes are an invitation to escape from life’s hustle, immersing you in Miranda’s world for a few minutes. 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 Pullman

to determine whether any of the local planning authority’s enforcement powers should be exercised in relation to the land, or any other land; a) that any use of land should be discontinued or that any conditions should be imposed on the continuance of a use of land; or There is no right of appeal to the Secretary of State against the prohibitions in a temporary stop notice. The validity of a temporary stop notice, and the propriety of the local planning authority’s decision to issue a temporary stop notice, may be challenged by application to the High Court for judicial review.

they have taken account of what appear to be relevant considerations, including the personal circumstances of those concerned; A planning contravention notice may be issued under section 171C of the Town and Country Planning Act 1990 and can be used to do the following: