The Lemon Fool

Is there a Lemoner familiar with planning law?

There is a small bock of flats in my road. The rubbish bins for the property are impeding access along the pavement, also unsightly (in a conservation area).

The development had the following condition: Details of the construction, including facing materials, of the proposed refuse storage chambers shall be submitted to and approved in writing by the local planning authority and the chambes shall be constructed in accordance with the approved details before any of the residential units hereby approved are occupied.

Planning Department tell me that they cannot enforce this because the apparent breach has passed the four year limit for enforcement:

The Planning Enforcement Team would not be able to act at this stage as so many years have elapsed since the original planning permission was granted. The Crime Enforcement and Regulation Service will be able to address the problem of bins blocking the footpath.

Please could someone tell me if my local planning dept is correct, and if they are, what other avenues there are for remedial action? I have not yet contacted the "Crime Enforcement and Regulation Service" (which I have never previously heard of), I thought I'd firstly seek something authoritative from a fool.

Many thanks!

I can tell you that there is a four year limit on enforcement.

John

What about an offence of obstruction of the highway. Understand an ordinary householder has to put out bins no more than 24 hours before collection. But does this include any clause about 'not causing obstruction?

Section 137 of the Highways Act 1980 makes it an offence to obstruct a highway without lawful authority. The footway is part of a highway.

BUT

171. (1) A person may, with the consent of the highway authority for a street that is a highway maintainable at the public expense, temporarily deposit building materials, RUBBISH OR OTHER THINGS in the street or make a temporary excavation in it.

I would take photos and contact your local councillor or a PCSO.

Thank you Redsturgeon and Hardgratfer

Four years seems a very short window. Can developers simply ignore conditions and enforcement, as seems to have happened in this case? If there's no sanction, why would they take any notice?

bruncher wrote:Four years seems a very short window. Can developers simply ignore conditions and enforcement, as seems to have happened in this case? If there's no sanction, why would they take any notice?

I think that they need to commence the enforcement within four years

newlyretired

bruncher wrote:Planning Department tell me that they cannot enforce this because the apparent breach has passed the four year limit for enforcement

They would appear to be incorrect in assessing the enforcement period as 4 years, and as councils are generally reluctant, particularly these days, to incur the cost of enforcement action this may be a deliberate error!

The enforcement periods are set out in section 171B of the Town and County Plamming Act 1990, and the relevant enforcement period for a breach of planning condition is at - http://www.legislation.gov.uk/ukpga/1990/8/section/171B

In this case it appears that it's a breach of a planning condition that was included in the original planning permission. If so, s 171B(3) applies, so that the enforcement period is ten years from the date of the breach, not four years.

Of course, if the breach has been going on for over 10 years this makes no difference. But if the 10 year period hasn't yet expired I would advise replying to them pointing out the provisions of section 171B(3) and see what they have to say.

In this case it appears that it's a breach of a planning condition that was included in the original planning permission. If so, s 171B(3) applies, so that the enforcement period is ten years from the date of the breach, not four years.

I agree it looks like 171B(3) should apply as it is not a single dwelling, but multiple units.

How is the date of the breach determined? Is it the date when planning permission (with conditions) was given? The date when works commenced? The date when the property was occupied? The date when a breach was first notified or a Notice served?

Suppose the developer originally complied with the condition, then decided later to change the use of the land where the bin store was - e.g. for car parking (for which he could charge tenants a premium). Could this be a breach of the original condition, and what would the time limit be and when would the clock start running?

The planning decision date has been given as 1st Aug 2002.

bruncher wrote:How is the date of the breach determined? Is it the date when planning permission (with conditions) was given? The date when works commenced? The date when the property was occupied? The date when a breach was first notified or a Notice served?

The quoted planning condition says ".....before any of the residential units hereby approved are occupied." so I would suggest the date of the breach is the date the first resident moved in.

RedSnapper wrote:The quoted planning condition says ".....before any of the residential units hereby approved are occupied." so I would suggest the date of the breach is the date the first resident moved in.

I'm not sure we have enough detail to say when the breach occurred. The quoted condition required details of construction etc to be submitted. The fact that bins are obstructing the pavement says nothing about whether the details were submitted. On the face of it, a breach would then occur when the first resident moved in - if the details weren't submitted. It may be that details were submitted but the proposed storage was never built. In which case, it's not clear to me when a breach occurred. The residents putting their bins on the pavement isn't a breach of that condition is it?

Or is there more to the condition - does it say that PP is subject to a storage area being provided, and details submitted? If the storage area wasn't built in that case, then there's a breach.

Nevertheless, it does sound like it's too late for planning action based on that condition.

Is it the public footpath that's being used? There may be a littering offence if rubbish is being put there other than on collection day.

chas49 wrote:

RedSnapper wrote:The quoted planning condition says ".....before any of the residential units hereby approved are occupied." so I would suggest the date of the breach is the date the first resident moved in.

I'm not sure we have enough detail to say when the breach occurred. The quoted condition required details of construction etc to be submitted. The fact that bins are obstructing the pavement says nothing about whether the details were submitted........

The condition as quoted above goes on to say

...and the chambes shall be constructed in accordance with the approved details before any of the residential units hereby approved are occupied.

which to me suggests that the building of the 'chambers' was part of the overall planning consent.

I think the suggestion is that if the building of the 'chambers' could be forced then the current residents would have somewhere better, and tidier, to put their bins rather than on the pavement.

RedSnapper wrote:The condition as quoted above goes on to say

...and the chambes shall be constructed in accordance with the approved details before any of the residential units hereby approved are occupied.

which to me suggests that the building of the 'chambers' was part of the overall planning consent.

I think the suggestion is that if the building of the 'chambers' could be forced then the current residents would have somewhere better, and tidier, to put their bins rather than on the pavement.

Yes - you're right - I missed that.

I think that does mean the breach was a long time ago and probably isn't the avenue to pursue to sort this.