Planning legislation makes it clear that any enforcement action taken by a local planning authority against breaches of planning control is at their sole discretion. Since authorities are not subject to any mandatory requirement, it has always proved difficult for a third party to persuade a local planning authority to take action where they are not so inclined.
A recent case concerning Warrington Borough Council came before the Local Government Ombudsman. In this instance, a third party complained that a garden nursery that was situated on the land adjacent to his property had been developed for a number of years in breach of planning control. A further adjacent area of land appeared to be used for the importing of material and containers. Top soil had been removed and replaced with hardstanding, but again, planning permission had not been obtained.
In their defence, the council argued that staffing problems had contributed to their failure to take action. The ombudsman, however, found that they had not always acted promptly. They had not kept the complainant informed or referred the breaches of planning control to the appropriate committee. He found that both complaints had been subject to maladministration, which had caused the complainant injustice for which he should be compensated. In addition, the ombudsman recommended that the council review their practices and procedures in dealing with allegations of breaches of planning control.
This case makes it clear that although local planning authorities retain discretion over the taking of enforcement action, they should act promptly where complaints have been made and where it is clear that a breach has occurred.
Gill Castorina is an associate at Paul, Hastings, Janofsky & Walker (Europe) LLP
Planning legislation makes it clear that any enforcement action taken by a local planning authority against breaches of planning control is at their sole discretion. Since authorities are not subject to any mandatory requirement, it has always proved difficult for a third party to persuade a local planning authority to take action where they are not so inclined.
A recent case concerning Warrington Borough Council came before the Local Government Ombudsman. In this instance, a third party complained that a garden nursery that was situated on the land adjacent to his property had been developed for a number of years in breach of planning control. A further adjacent area of land appeared to be used for the importing of material and containers. Top soil had been removed and replaced with hardstanding, but again, planning permission had not been obtained.
In their defence, the council argued that staffing problems had contributed to their failure to take action. The ombudsman, however, found that they had not always acted promptly. They had not kept the complainant informed or referred the breaches of planning control to the appropriate committee. He found that both complaints had been subject to maladministration, which had caused the complainant injustice for which he should be compensated. In addition, the ombudsman recommended that the council review their practices and procedures in dealing with allegations of breaches of planning control.
This case makes it clear that although local planning authorities retain discretion over the taking of enforcement action, they should act promptly where complaints have been made and where it is clear that a breach has occurred.
Gill Castorina is an associate at Paul, Hastings, Janofsky & Walker (Europe) LLP
