Update Enforcement. Corporate slide master. November Welsh Government

Transcription

1 Corporate slide master Welsh Government Planning With guidelines for (Wales) corporate presentations Bill Update Enforcement November 2014 Hywel Butts Development Management Branch Planning Division Welsh Government

2 Background 2002 Planning: delivering for Wales: - the Welsh enforcement system is cumbersome and ineffective 2004 & Two subsequent consultations followed and concluded that the existing system was sound and powers were appropriate. Recommended areas of further research IAG report recognised importance of enforcement and recommended that WG consult on the impact of introducing a number of changes in Wales through a new Planning Act (Recommendations 92 93) 2012 Arup and Fortismere Associates commissioned to undertake research, gather evidence and make recommendations on a range of measures for a more effective and efficient enforcement system in Wales

3 List of Measures Investigated Changes to 4 and 10 year time limits Temporary Stop Notices Use of S94 completion notices Notification of commencement and completion of development Fines Use of S102 Discontinuance Notices & power to apply conditions through Enforcement Notice Fixed Penalty Notices for offences Provision to cancel Enforcement Notices Changes to ground (a) appeal: ground (a) only way to achieve pp & no ground (a) if previous refusal upheld Power to require retrospective planning application Power to decline to accept retrospective application S.217 appeals by Ministers rather than Magistrates

4 Total Cases Registered (30 month period)

5 Enforcement Case Timeline Genuine case: siting of metal containers in National Park countryside 80 month period Demonstrates time consuming nature of some cases Need to be able to shut case down or force appeal early on

6 The Overall Shape of the System The current system contains a number of feedback loops and opportunities for delay The enforcement system is being applied inconsistently across Wales The enforcement system is generally reactive There is confusion and little certainty what will happen next? There are a number of tools but not all of them are used, and there are still some gaps in the system Enforcement officers are using tools in other legislation, like POCA, to try and bring about desired outcomes Errors in drafting of enforcement notices There is a feeling of injustice, especially when fines are low and offenders are perceived as being allowed to get away with it Enforcement perceived as an easy target in LPAs for budget cuts resources are constrained

7 The Proposed System

8 Recommendations Remove time limits for enforcement action altogether Power to serve Temporary Stop Notices Retain S94 but create new S215 hybrid notice No additional notification of development needed Promote use of S102 Power to require the submission of retrospective applications Power to serve multiple Fixed Penalty Notices for offence Ground a) i.e. that planning permission should be granted, should be only route to appeal once notice has been served & no ground a) appeal if refusal of planning permission previously upheld S217 (unsightly land) appeals should be heard by Welsh Ministers rather than Magistrates New guidance, new TAN, training, direct action fund, more regular detailed gathering of enforcement statistics

9 What is not being taken forward: Remove time limits for enforcement action altogether Power to serve Temporary Stop Notices Retain S94 but create new S215 hybrid notice No additional notification of development needed Promote use of S102 Power to require the submission of retrospective applications Power to serve multiple Fixed Penalty Notices for offence Ground a) i.e. that planning permission should be granted, should be only route to appeal once notice has been served & no ground a) appeal if refusal of planning permission previously upheld S217 (unsightly land) appeals should be heard by Welsh Ministers rather than Magistrates New guidance, new TAN, training, direct action fund, more regular detailed gathering of enforcement statistics

10 Planning Bill & other legislation: o Power to serve Temporary Stop Notices 2004 Act commencement Notification of development s32 Power to require the submission of retrospective applications s38 enforcement warning notice Ground a) i.e. that planning permission should be granted, should be only route to appeal once notice has been served & no ground a) appeal if refusal of planning permission previously upheld s30 power to decline retrospective applications s39 deemed application at appeal s40 restrictions on right of appeal s41 restrictions on enforcement notice appeals s217 (unsightly land) appeals should be heard by Welsh Ministers rather than Magistrates s43 appeal against s217 notice

11 Planning (Wales) Bill Programme National Assembly for Wales the Assembly s legislative process: Stage 1 (6 October 10 February 2015): consideration and voting on the general principles of the Bill. Stage 2 (11 February 31 March): detailed consideration of each clause of the Bill by a committee. Amendments can be tabled and will be voted on by the committee. Stage 3 (1 April 5 May): further detailed consideration of each clause of the Bill, by the whole Assembly. Amendments can be tabled and voted on by the whole Assembly. Stage 4 (May): a short debate and a vote by the whole Assembly on whether to approve the final text of the Bill. *dates are approximate o Four week period of intimation. o Royal Assent in summer o 2015 onwards implementing secondary legislation and guidance.

12 Draft implementation timetable: 16 January Current consultations Committees, Design, Fees, Pre-application consultation June Power to serve Temporary Stop Notices Summer Royal assent Autumn 2015 Legislation made, draft guidance consultation Spring 2016 Development management & enforcement provisions come into force, guidance issued Ongoing Skills training, best practice sharing

13 Culture Change How to engender a positive, proactive approach: Establish a national planning advisory and improvement service hosted by the Welsh Government. Develop a competency framework for planners and councillors.

14 Conclusions o o o o o o Ambitious, comprehensive reform package using all tools available. No silver bullet; need to work our way through legislative and other processes to reform system. Can t legislate for culture change; but it is key to success. Need to build on what we have no appetite for a completely new regime. All Players need to improve their game: Applicants; LPAs; Statutory consultees; and Welsh Government Welsh Government committed to securing reforms in partnership with stakeholders and across all sectors.

15 Planning (Wales) Bill Update Enforcement November 2014 Any Questions? Hywel Butts Development Management Branch Planning Division Welsh Government