B

PLANNING ENFORCEMENT

Nominated Officers

1.

The issue of Discontinuance/Enforcement Stop Notice(s) and making applications for and enforcing injunction(s) in cases of urgency.

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

2.

The issue of Temporary Stop Notices.

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

3.

The issue of Planning Contravention Notices and notice under Section 330 Town & Country Planning Act 1990 and Section 16 of the Local Government  (Miscellaneous Provisions) Act 1976.

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

4.

The issue of Breach of Condition Notices.

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

5.

The issue of Enforcement Notices in the following circumstances:

(i)      where planning permission has been granted for development but the development is subsequently not carried out in accordance with the approved plans;

(ii)    where the owner of the property has been notified in advance by the Council in writing that planning permission is required for the development, but the development is subsequently carried out without the required planning permission;

(iii)  where the unauthorised development relates to a material change of use (other than to use as a dwelling house);

(iv)   where the unauthorised development relates a temporary use of land;

(v)     where time is of the essence to keep the unauthorised development within the control of the Council as local planning authority

(vi)   Where unauthorised development has been carried out and a retrospective application has been refused/dismissed on appeal.

(vii) Where unauthorised development has been carried out and an application for planning permission could not address the harm caused and therefore  is unlikely to be granted

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

6.

The issue of Notices requiring the proper maintenance of land adversely affecting the amenity of a neighbourhood.

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

7.

To authorise prosecution proceedings where :

a) The requirements of an Enforcement Notice have not been carried out as specified in the notice.

b) The requirements of a Breach of Condition Notice have not been complied with.

c) Where unauthorised works have been carried out to a listed building where significant irreversible harm has been caused.

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

C

ADVERTISEMENTS ENFORCEMENT

Nominated Officers

1.

To take appropriate action (whether      prosecution, injunction proceedings or enforcement) in respect of the unauthorised display of an advertisement.

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

D

LISTED BUILDINGS AND CONSERVATION AREAS ENFORCEMENT

Nominated Officers

1.

Issue of Building Preservation Notices and Emergency Building Preservation Notices.

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

2.

Service of Urgent Works and Repair Notices in respect of Listed Buildings in cases of urgency.

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

3.

Making Directions under Article 4 of the Town and Country Planning (General Development) Order 1988 as regards Conservation Areas.

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

4.

Making applications for and enforcing injunctions in cases of urgency.

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

5.

The issue of Listed Building Enforcement Notices in the following circumstances:-

(i)         Where Listed Building Consent has been granted for works and the works have not been carried out in accordance with that Consent.

(ii)        Where the owner/occupier of the property has been notified in advance by the Council in writing that Listed Building Consent is required for the proposed works and the works are subsequently carried out without the required Listed Building Consent.

(iii)   Unauthorised works have been carried out to a listed building and an application for retrospective listed building consent has been refused or an appeal in respect of the unauthorised works has been dismissed.

(iv)   Where unauthorised works have been carried out to a listed building and an application for listed building consent could not address the harm caused and would therefore unlikely to be granted.

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

6.

To determine not to take listed building enforcement action for unauthorised works where it is considered NOT to be expedient to do so.

·      Assistant Director, Planning & Transport Development

·      Group Manager, Operations and Business Development

·      Development Manager

·      Heritage & Environment Manager

·      Senior Professional - Major Development

·      Team Leaders - Development Control & Heritage

In all the above circumstances, the Officer using the delegations would have to be satisfied in each case that it is expedient to take (or not to take) Enforcement action.  The decision with reasons is to be documented, and subsequently be provided to the Ward Councillors for the Ward(s) in which the land or premises in question are situated and reported to the next available meeting of the Development Control Committee.