§ 22. Mr. ChapmanTo ask the Secretary of State for the Environment if he has any proposals to increase the effectiveness of town and country planning laws relating to development commencing without the granting of permission, or in breach of conditions attached to permissions.
§ Mr. WaldegraveEffective enforcement of planning control depends on the local planning authority's vigilance and resolution in using its statutory powers in the Town and Country Planning Act 1971. So far as enforcement appeals are concerned, we have recently completed an efficiency scrutiny, and an action plan, to achieve all-round improvements, will be published shortly.
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§ 34. Mr. DykesTo ask the Secretary of State for the Environment if he will investigate the practice in the outer London boroughs whereby estate developers demolish residential buildings to create large-scale development sites; and whether he will consider proposing changes in the planning laws in the light of this practice.
§ Mr. WaldegraveNo. My right hon. Friend is satisfied that no extension of control for this purpose is necessary. It is already necessary to obtain permission to demolish listed buildings of architectural or historic interest, and unlisted buildings in conservation areas; and redevelopment requires planning permission in the usual way.
§ 35. Mr. ThurnhamTo ask the Secretary of State for the Environment what recent representations he has received about improving planning procedures.
§ Mr. WaldegraveHon. Members and others are rightly concerned about delays in reaching decisions on planning applications and appeals. We have recently urged local authorities to ensure that their procedures for dealing with planning applications operate efficiently and do not impose unwarranted delays. A substantial programme of measures is in hand to improve appeals procedures and to speed decision times.
§ Mr. HeddleTo ask the Secretary of State for the Environment what steps he is taking to ensure that local planning authorities comply with the advice within circular 13/87 in general and paragraphs 11 and 12 in particular.
§ Mr. WaldegraveThe advice in my Department's circulars about town and country planning is not mandatory, but it is a material consideration in decisions about development proposals. An applicant may appeal from a local planning authority's decision and an authority which has acted unreasonably on a case which goes to appeal by inquiry may face an award of costs. We are monitoring the extent to which local authorities impose conditions on planning permissions so as to restrict the freedoms in the general development order and the use classes order.
§ Mr. HeddleTo ask the Secretary of State for the Environment whether he and his inspectors will award costs against local authorities on appeal when evidence is laid before him that local planning authorities frustrate the spirit of circular 13/87.
§ Mr. WaldegraveThe power, in section 250(5) of the Local Government Act 1972, for my right hon. Friend or a planning inspector to award a party's costs in appeal proceedings is discretionary in relation to the particular facts of any appeal and the parties' behaviour during the appeal proceedings. Paragraphs 7 and 13 of circular 2/87 make it clear, respectively, that if, without reasonable planning grounds, planning authorities fail to follow relevant advice given in departmental circulars, or they impose conditions which are unnecessary and unreasonable, an award of costs may be made against the planning authority when it is justified in the circumstances.