New Clause 26

Planning Bill – in a Public Bill Committee at 5:30 pm on 5 February 2008.

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Enforcement charters

‘(1) PCPA 2004 is amended as follows.

(2) After section 18 (statements of community involvement) insert—

“18A Enforcement charters

(1) The local planning authority must prepare an enforcement charter.

(2) For the purposes of this Act, an ‘enforcement charter’ shall set out—

(a) a statement of the authority’s policies as regards their taking enforcement action for the purposes of TCPA 1990,

(b) an account of how members of the public are to bring any ostensible breach of planning control to the attention of the authority, and

(c) an account—

(i) of how any complaint to the authority as regards the taking by them of enforcement action is to be made, and

(ii) of their procedures for dealing with any such complaint.

(3) The Secretary of State shall issue guidance to a planning authority for the purposes of this section and an authority must have regard to any guidance so issued.

(4) The local planning authority shall have a duty to review its charter and publish it—

(a) whenever required to do so by the Secretary of State,

(b) at least every two years, and

(c) in such a manner as the Secretary of State shall by regulation prescribe.

(5) For the purposes of sections 20 and 24 the enforcement charter is not a local development document.”’.—[Dan Rogerson.]

Brought up, and read the First time.

Photo of Dan Rogerson Dan Rogerson Opposition Whip (Commons), Shadow Minister (Communities and Local Government)

I beg to move, That the clause be read a Second time.

I feel that I might be making myself unpopular with hon. Members who have pressing business elsewhere. However, there is an important aspect that we have not addressed thoroughly enough, and it is the second issue  about which constituents often come to us: enforcement. We go through a lengthy process of planning applications and negotiation to confirm what a developer must do to stay within the boundaries of what the local authority wants to impose. Again, we find that some of those aspects are not complied with. It is brave of a local authority to proceed with enforcement, because all too often enforcement does not take place.

I will not delay the Committee a great deal, but this measure would provide an opportunity to hold local authorities to account for the conditions that they impose. If enforcement is genuine, it gives more value to the planning process. If we are to have any faith in the system, we must take account not only of what happens in the run-up to the approval of a planning application, but also of what happens afterwards in ensuring that those who make the development do so within the boundaries that have been set.

Photo of Parmjit Dhanda Parmjit Dhanda Parliamentary Under-Secretary, Department for Communities and Local Government

Local planning authorities are already advised to have an enforcement policy statement. The details are set out in chapter 1 of the Department’s publication, “Enforcing Planning Control: Good Practice Guide for Local Planning Authorities”. The enforcement policy statement includes almost all the requirements of the proposed enforcement charter in new clause 26. The policy statement sets out the authority’s policy for taking enforcement action. It gives details of the procedures for dealing with any complaints about enforcement action and it will be reviewed and published every year.

The Secretary of State gives guidance to local planning authorities in the good practice guide and in enforcement circular 10/97. That is being revised, and we expect to consult on a new draft circular later in the year—I am sure that the hon. Gentleman will look out for it and may want to have some input. What is not covered in the enforcement policy statement, but would be in the enforcement charter, is an obligation on members of the public to inform the authority about a breach of planning control or to make a complaint about enforcement action, in a specified manner. That is the weakness of the new clause. We consider it less bureaucratic to allow members of the public to bring any breaches of planning control to the attention of their local planning authority by whatever means they happen to choose. We also consider that they should be able to complain to the local planning authority in their own way. Therefore, the new clause is unnecessary. Enforcement policy statements are the best means of publishing local planning authorities’ enforcement procedures and practices.

Photo of Dan Rogerson Dan Rogerson Opposition Whip (Commons), Shadow Minister (Communities and Local Government) 5:45, 5 February 2008

A continuing theme among constituents who come to me with enforcement problems is that they feel that they are doing the council’s job for them, in checking whether something is being built within legal bounds. Local authority resources are part of the problem. Constituents think that local authorities should have greater resources to check whether laws are being followed, rather than relying on people who are not technical experts. When those people examine a development, they may spot that a window, for example, was not quite where it was meant to be, or that a wall was slightly higher or went out further than originally stated.

However, I am pleased to hear that the Government continue to look at that matter and are introducing further guidelines to encourage local authorities to take it seriously. The problem is that often local authorities do take it seriously, but risk a cost in taking an enforcement action against someone, which is, therefore, a disincentive for them to do so. Some matters certainly bear further consideration and I am glad to hear that the Government are doing that. I beg to ask leave to withdraw the motion.

Motion and clause, by leave, withdrawn.