Planning and Compensation Act 1991

Part I — Town and Country Planning: England and Wales

New enforcement powers

Compensation where permission for additional development granted after acquisition.

1

In the the Town and Country Planning Act 1990 (referred to in this Act as “the principal Act”) in Part VII (enforcement) before section 172 there is inserted—

(171C) (1) Where it appears to the local planning authority that there may have been a breach of planning control in respect of any land, they may serve notice to that effect (referred to in this Act as a “planning contravention notice”) on any person who— (a) is the owner or occupier of the land or has any other interest in it; or (b) is carrying out operations on the land or is using it for any purpose. (2) A planning contravention notice may require the person on whom it is served to give such information as to— (a) any operations being carried out on the land, any use of the land and any other activities being carried out on the land; and (b) any matter relating to the conditions or limitations subject to which any planning permission in respect of the land has been granted, as may be specified in the notice. (3) Without prejudice to the generality of subsection (2), the notice may require the person on whom it is served, so far as he is able— (a) to state whether or not the land is being used for any purpose specified in the notice or any operations or activities specified in the notice are being or have been carried out on the land; (b) to state when any use, operations or activities began; (c) to give the name and address of any person known to him to use or have used the land for any purpose or to be carrying out, or have carried out, any operations or activities on the land; (d) to give any information he holds as to any planning permission for any use or operations or any reason for planning permission not being required for any use or operations; (e) to state the nature of his interest (if any) in the land and the name and address of any other person known to him to have an interest in the land. (4) A planning contravention notice may give notice of a time and place at which— (a) any offer which the person on whom the notice is served may wish to make to apply for planning permission, to refrain from carrying out any operations or activities or to undertake remedial works; and (b) any representations which he may wish to make about the notice, will be considered by the authority, and the authority shall give him an opportunity to make in person any such offer or representations at that time and place. (5) A planning contravention notice must inform the person on whom it is served— (a) of the likely consequences of his failing to respond to the notice and, in particular, that enforcement action may be taken; and (b) of the effect of section 186(5)(b). (6) Any requirement of a planning contravention notice shall be complied with by giving information in writing to the local planning authority. (7) The service of a planning contravention notice does not affect any other power exercisable in respect of any breach of planning control. (8) In this section references to operations or activities on land include operations or activities in, under or over the land. (171D) (1) If, at any time after the end of the period of twenty-one days beginning with the day on which a planning contravention notice has been served on any person, he has not complied with any requirement of the notice, he shall be guilty of an offence. (2) An offence under subsection (1) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence. (3) It shall be a defence for a person charged with an offence under subsection (1) to prove that he had a reasonable excuse for failing to comply with the requirement. (4) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) If any person— (a) makes any statement purporting to comply with a requirement of a planning contravention notice which he knows to be false or misleading in a material particular; or (b) recklessly makes such a statement which is false or misleading in a material particular, he shall be guilty of an offence. (6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Enforcement of conditions

2

After section 187 of the principal Act there is inserted—

(187A) (1) This section applies where planning permission for carrying out any development of land has been granted subject to conditions. (2) The local planning authority may, if any of the conditions is not complied with, serve a notice (in this Act referred to as a “breach of condition notice”) on— (a) any person who is carrying out or has carried out the development; or (b) any person having control of the land, requiring him to secure compliance with such of the conditions as are specified in the notice. (3) References in this section to the person responsible are to the person on whom the breach of condition notice has been served. (4) The conditions which may be specified in a notice served by virtue of subsection (2)(b) are any of the conditions regulating the use of the land. (5) A breach of condition notice shall specify the steps which the authority consider ought to be taken, or the activities which the authority consider ought to cease, to secure compliance with the conditions specified in the notice. (6) The authority may by notice served on the person responsible withdraw the breach of condition notice, but its withdrawal shall not affect the power to serve on him a further breach of condition notice in respect of the conditions specified in the earlier notice or any other conditions. (7) The period allowed for compliance with the notice is— (a) such period of not less than twenty-eight days beginning with the date of service of the notice as may be specified in the notice; or (b) that period as extended by a further notice served by the local planning authority on the person responsible. (8) If, at any time after the end of the period allowed for compliance with the notice— (a) any of the conditions specified in the notice is not complied with; and (b) the steps specified in the notice have not been taken or, as the case may be, the activities specified in the notice have not ceased, the person responsible is in breach of the notice. (9) If the person responsible is in breach of the notice he shall be guilty of an offence. (10) An offence under subsection (9) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence. (11) It shall be a defence for a person charged with an offence under subsection (9) to prove— (a) that he took all reasonable measures to secure compliance with the conditions specified in the notice; or (b) where the notice was served on him by virtue of subsection (2)(b), that he no longer had control of the land. (12) A person who is guilty of an offence under subsection (9) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (13) In this section— (a) “conditions” includes limitations; and (b) references to carrying out any development include causing or permitting another to do so.

Injunctions restraining breaches of planning control

3

After section 187A of the principal Act (as inserted by section 2 of this Act) there is inserted—

(187B) (1) Where a local planning authority consider it necessary or expedient for any actual or apprehended breach of planning control to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Part. (2) On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the breach. (3) Rules of court may provide for such an injunction to be issued against a person whose identity is unknown. (4) In this section “the court” means the High Court or the county court.

Other changes relating to enforcement

Time limits on enforcement action

4

• (1) At the beginning of Part VII of the principal Act (enforcement) there is inserted—

(171A) (1) For the purposes of this Act— (a) carrying out development without the required planning permission; or (b) failing to comply with any condition or limitation subject to which planning permission has been granted, constitutes a breach of planning control. (2) For the purposes of this Act— (a) the issue of an enforcement notice (defined in section 172); or (b) the service of a breach of condition notice (defined in section 187A), constitutes taking enforcement action. (3) In this Part “planning permission” includes permission under Part III of the 1947 Act, of the 1962 Act or of the 1971 Act. (171B) (1) Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed. (2) Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach. (3) In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach. (4) The preceding subsections do not prevent— (a) the service of a breach of condition notice in respect of any breach of planning control if an enforcement notice in respect of the breach is in effect; or (b) taking further enforcement action in respect of any breach of planning control if, during the period of four years ending with that action being taken, the local planning authority have taken or purported to take enforcement action in respect of that breach.

• (2) If, in the case of any breach of planning control, the time for issuing an enforcement notice has expired, before the coming into force of this section, by virtue of section 172(4)(b) of the principal Act (as originally enacted), nothing in this section enables any enforcement action to be taken in respect of the breach.

Enforcement notices

5

• (1) For sections 172 and 173 of the principal Act (power to issue and contents of enforcement notice) there is substituted—

(172) (1) The local planning authority may issue a notice (in this Act referred to as an “enforcement notice”) where it appears to them— (a) that there has been a breach of planning control; and (b) that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations. (2) A copy of an enforcement notice shall be served— (a) on the owner and on the occupier of the land to which it relates; and (b) on any other person having an interest in the land, being an interest which, in the opinion of the authority, is materially affected by the notice. (3) The service of the notice shall take place— (a) not more than twenty-eight days after its date of issue; and (b) not less than twenty-eight days before the date specified in it as the date on which it is to take effect. (173) (1) An enforcement notice shall state— (a) the matters which appear to the local planning authority to constitute the breach of planning control; and (b) the paragraph of section 171A(1) within which, in the opinion of the authority, the breach falls. (2) A notice complies with subsection (1)(a) if it enables any person on whom a copy of it is served to know what those matters are. (3) An enforcement notice shall specify the steps which the authority require to be taken, or the activities which the authority require to cease, in order to achieve, wholly or partly, any of the following purposes. (4) Those purposes are— (a) remedying the breach by making any development comply with the terms (including conditions and limitations) of any planning permission which has been granted in respect of the land, by discontinuing any use of the land or by restoring the land to its condition before the breach took place; or (b) remedying any injury to amenity which has been caused by the breach. (5) An enforcement notice may, for example, require— (a) the alteration or removal of any buildings or works; (b) the carrying out of any building or other operations; (c) any activity on the land not to be carried on except to the extent specified in the notice; or (d) the contour of a deposit of refuse or waste materials on land to be modified by altering the gradient or gradients of its sides. (6) Where an enforcement notice is issued in respect of a breach of planning control consisting of demolition of a building, the notice may require the construction of a building (in this section referred to as a “replacement building”) which, subject to subsection (7), is as similar as possible to the demolished building. (7) A replacement building— (a) must comply with any requirement imposed by any enactment applicable to the construction of buildings; (b) may differ from the demolished building in any respect which, if the demolished building had been altered in that respect, would not have constituted a breach of planning control; (c) must comply with any regulations made for the purposes of this subsection (including regulations modifying paragraphs (a) and (b)). (8) An enforcement notice shall specify the date on which it is to take effect and, subject to sections 175(4) and 289(4A), shall take effect on that date. (9) An enforcement notice shall specify the period at the end of which any steps are required to have been taken or any activities are required to have ceased and may specify different periods for different steps or activities; and, where different periods apply to different steps or activities, references in this Part to the period for compliance with an enforcement notice, in relation to any step or activity, are to the period at the end of which the step is required to have been taken or the activity is required to have ceased. (10) An enforcement notice shall specify such additional matters as may be prescribed, and regulations may require every copy of an enforcement notice served under section 172 to be accompanied by an explanatory note giving prescribed information as to the right of appeal under section 174. (11) Where— (a) an enforcement notice in respect of any breach of planning control could have required any buildings or works to be removed or any activity to cease, but does not do so; and (b) all the requirements of the notice have been complied with, then, so far as the notice did not so require, planning permission shall be treated as having been granted by virtue of section 73A in respect of development consisting of the construction of the buildings or works or, as the case may be, the carrying out of the activities. (12) Where— (a) an enforcement notice requires the construction of a replacement building; and (b) all the requirements of the notice with respect to that construction have been complied with, planning permission shall be treated as having been granted by virtue of section 73A in respect of development consisting of that construction. (173A) (1) The local planning authority may— (a) withdraw an enforcement notice issued by them; or (b) waive or relax any requirement of such a notice and, in particular, may extend any period specified in accordance with section 173(9). (2) The powers conferred by subsection (1) may be exercised whether or not the notice has taken effect. (3) The local planning authority shall, immediately after exercising the powers conferred by subsection (1), give notice of the exercise to every person who has been served with a copy of the enforcement notice or would, if the notice were re-issued, be served with a copy of it. (4) The withdrawal of an enforcement notice does not affect the power of the local planning authority to issue a further enforcement notice.

Appeal against enforcement notice

6

• (1) For section 174(2) and (3) of the principal Act (grounds of appeal and notice) there is substituted—

(2) An appeal may be brought on any of the following grounds— (a) that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged; (b) that those matters have not occurred; (c) that those matters (if they occurred) do not constitute a breach of planning control; (d) that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters; (e) that copies of the enforcement notice were not served as required by section 172; (f) that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach; (g) that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed. (3) An appeal under this section shall be made either— (a) by giving written notice of the appeal to the Secretary of State before the date specified in the enforcement notice as the date on which it is to take effect; or (b) by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.

• (2) In section 175(4) of that Act (enforcement notices of no effect pending final determination or withdrawal of appeals) after “shall” there is inserted “ subject to any order under section 289(4A) ”.

• (3) After section 177(5) of that Act (appellant deemed to have made an application for planning permission for the development to which the enforcement notice relates) there is inserted—