New enforcement provisions in Localism Bill

Updated December 2010

The Localism Bill had its first reading in parliament earlier this month. Large parts of it had already been the subject of intense speculation but there are some provisions that have been less well forecast.

The bill intends to amend the Town and Country Planning Act in a number of ways:

1. Local authorities will be given a new power to decline to determine retrospective planning applications where the development proposed is already the subject of an enforcement notice.
2. Those appealing in respect of enforcement notices will not be able to appeal on the basis that planning permission ought to be granted for the development subject of the enforcement notice where a planning application remains undetermined by the local planning authority and the enforcement notice was issued after the planning application was made.
3. Local authorities will be able to apply to the magistrates' court for a new type of order called a 'planning enforcement order'. If this is granted, the planning authority has one year to take enforcement action in respect of the breach, even if the time period for taking enforcement action may have expired during that year.
4. Fines for breaches of planning conditions in England (although not in Wales) will be higher.
5. Local authorities will be given a new power to remove and dispose of 'display structures'. These are hoardings and other similar structures designed or used for the purpose of displaying advertisements which have not been granted advertisement consent. There is a new process involved prior to exercise of this power involving service of a 'removal notice'.
6. Local authorities will be given a new power to deal with the display of unauthorised advertisements displayed on surfaces including buildings, walls, fences, plant and apparatus. There is a new process involved where an 'action notice' is served on the owner or occupier of the land upon which the surface is situated.
7. Local authorities will be given a new power to deal with unauthorised signs on surfaces that are visible to the public and considered to be either detrimental to amenity or offensive.

The rationale behind these changes is that there is a perception that there are a number of organisations and individuals who play the system. In particular the new power with regard to planning enforcement orders has been a reaction to a number of cases where breaches had been specifically concealed with a view to the time period elapsing giving immunity to the breach before the planning authority had become aware that the breach had taken place. The new powers relating to advertisements carry with them the ability for the local authority to take action and charge the landowner for the removal costs.  

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Updated