HL Deb 20 July 1995 vol 566 cc46-7WA
Lord Brougham and Vaux

asked Her Majesty's Government:

Whether they will state the Government's policy on enforcing planning conditions which have been imposed on a grant of planning permission to ensure that commercial or residential development is carried out strictly in accordance with the plans approved by the local planning authority.

Lord Lucas

Planning Policy Guidance Note 18 (PPG18), entitledEnforcing Planning Group, explains how local planning authorities should assess whether it is expedient, in certain areas, to take formal enforcement action to remedy an alleged breach of planning control. Paragraph 5 of PPG18 states that nothing in the guidance should be taken as condoning a wilful breach of planning law.

When a planning authority have specifically imposed conditions on a grant of planning permission requiring the development to be carried out strictly in accordance with the submitted plans and elevational drawings of the proposed structures (including details of any landscaping or materials), we would expect the developer to comply fully with all the relevant conditions. There is a statutory right of appeal against any planning condition with which an applicant is aggrieved.

If a developer deliberately fails to comply with such conditions without seeking to appeal against them, because he considers that an alternative approach or design is equally acceptable to what has been approved, and is warned by the planning authority that he must comply, we would normally expect the planning authority to take formal enforcement action.

Where appropriate, planning conditions can now be enforced by serving a breach of condition notice, by virtue of section 187A of the Town and Country Planning Act 1990. There is no appeal to the Secretary of State against this type of notice. A failure to comply with it can be enforced summarily in the magistrates' court.

In deciding enforcement appeals involving an alleged breach of an essential planning condition, planning inspectors will have regard to this policy statement.