Decision details
Temporary suspension of Enforcement Action re. Covid-19 made by the Chief Executive under the Council's Constitution Part 4 (G) Rule 5
Decision Maker: Chief Executive
Decision status: Approved
Is Key decision?: No
Is subject to call in?: No
Purpose:
Undertaking building works or
changing the use of land or buildings without planning permission
is not a criminal offence unless it relates to a listed building,
adverts or protected tree. Formal planning enforcement action is a
discretionary power of the Council which must be used expediently
and in the public interest.
In responding to the Covid-19 Outbreak, the Council and other
public bodies might need to undertake operations which require the
temporary changes of use of land and/or buildings. In many cases,
this development would require planning permission which would
normally be sought. However, in light of
the need to respond quickly and flexibly to needs arising from the
dealing with the outbreak, the Council will operate with discretion
before seeking to undertake any enforcement action. It will not
seek to take formal enforcement action in respect of activities
directly related to dealing with the Covid-19 outbreak and will
last for 3 months, after which it will be reviewed and either
extended or ended. Where it is clear that an enforcement complaint
relates to works or uses of building or land that are identified as
being in response to the COVID-19, the Council will not investigate
the matter further.
The provisions of the European Convention on Human Rights such as
Article 1 of the First Protocol, Article 8 and Article 14 are
relevant when considering enforcement action. There is a clear
public interest in enforcing planning law and planning regulation
in a proportionate way. The Council have had regard to the
potential impact on the health, housing needs and welfare of
residents affected by this decision and determined that such
factors are in the Public Interest and outweigh the interests of
those affected by a temporary breach of planning control.
Decision:
The Council will temporarily suspend
enforcement action against temporary changes of use of land or
buildings, or other development where this is undertaken by or at
the request of the Council or other public bodies in order to
respond directly to the Covid -19 outbreak.
Alternative options considered:
Seeking to take formal enforcement action in
the cases outlined above could inhibit the proper response to
dealing with the Covid-19 outbreak and is impractical in light of
current national restraint on activity.
Such a decision is not a statutory requirement but not taking this
decision might result in more complaints from residents and
business than would otherwise be received. It is also in the
interests of transparency to keep residents informed.
Publication date: 03/04/2020
Date of decision: 03/04/2020