Discontinuance Notice
I am looking to serve a Discontinuance Notice under the Town and Country Planning (Control of Advertisement) Regulations 2007, for a Banner displayed on an office building in a prominent position within a conservation area. My Authority has not previously dealt with such an issue. I am therefore seeking guidance as to content of the report and a copy of the Notice. Any advice or copies of documentation on this matter would be greatly appreciated..
Alan Frampton - New Forest District Council
----------------------------------------- RESPONSES RECIEVED VIA THE WEBSITE ------------------------------------------------
Discontinuance action can only be taken against a display benefiting from consent (express or deemed). On the assumption that your display does not have consent, Section 225 of the Town and Country Planning Act 1990 now enables a local planning authority to serve Notice on the advertiser and/or site occupier where unauthorised posters or placards are displayed and if they are not removed within 2 days the lpa may do so themselves and recover their costs from the persons served. If you take discontinuance against a display that does not benefit from consent you may be liable for appeal costs.
I attach a copy of our model section 225 notice for such occasions. On our website www.enforcementservices.net you will find examples of some of the advert removals we have carried out. . 4/3 Nigel Wicks 07714 580273

Langton International Limited
Has anyone come into contact with a firm called 'Langton International Limited' once based at 5 Seagrove Avenue, Hayling Island? It does not appear to be registered at Companies House and I am trying to locate any responsible persons connected to the firm and identify their roles within it.
Bob Dawes - Havant Council

Direct Enforcement Action - Any companies specialising in this line of work!
Rochford District Council are looking to take direct action to achieve compliance with an Enforcement Notice, which will require the removal of a mobile home and an area of hardstanding from a site. Has anyone arranged similar direct action? Does anyone have details of any companies that might be able to carry out this work so I can approach them for quotes? Any information will be grately appreciated.
Katie Rodgers - Rochford District Council
----------------------------------------- RESPONSES RECIEVED VIA THE WEBSITE -----------------------------------------------I I I know of one individuals company - that of Nigels Wicks - Enforcement Services whom specialise in direct action. He has given a number of presentations at SEOG. Find out more at this website or send an email. 24/10 SEOG Webmaster

An application pusuant to a planning condition!
Does anyone know an Authority where details pursuant to a condition are treated like an application, i.e. given a case number, publicised and determined within 8 weeks?
Marcia Head - Hart District Council
----------------------------------------- RESPONSES RECIEVED VIA THE WEBSITE ------------------------------------------------
As far as I'm aware the only applications that an LPA can deal with directly linked to a condition are Reserved Matters and Section 73 applications to seek the removal or variation of a condition of a previous planning permission. 5/10 SEOG Webmaster

Case Law concerning the definition of a highway!
I am having some difficulty with the definition of a highway, particularly as it relates to Class E, Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995. Whilst I know that the definition should be taken from the Highways Act there is are question being raised as to whether it is intended to include a private road, regardless of whether or not there is sign posted to indicate that it is a private road.

If anyone knows of any stated case on this particular point of law, or has received Solicitors or Barrister advice on the subject I would be pleased to receive it. Ian Clark - Croydon Council

Business Change of Use!
A business has opened which sells bespoke gifts to the public. The premises is a former A1 use.

The shop itself has very limted stock. Instead customers visit the shop, choose their gift from those on display and the store operatives order the gift online. It is then sent to the chosen delivery address.

The owner claims this is still an A1 use however I disagree. I believe it is a change of use to B1, or at very best it could be a mixed B1 and a very limited A1 use (if the gift of their choice is available in shop). Has anyone else came across shops of this nature or has anyone else any thoughts on this type of business? Mike O'Grady - Reigate & Banstead District Council

----------------------------------------- RESPONSES RECIEVED VIA THE WEBSITE -----------------------------------------------
In the case of the premises you have referred to, have they the ability, at the time of the transaction, to supply any of the products available to purchase? If the answer is no, then I agree a change of use has taken place and your interpretation of a B1 use sounds about right. If the answer is yes, it is then a case of 'fact degree' to which this takes place - should it be that only a token amount of products are available for the customer to take away, then in my opinion a change will have occurred. I liken your example to Argos - however, in their case the majority of products are readily available for the customer to take away at the time of purchase enabling the premises to benefit from A1 use. 20/9 SEOG Chairman

Lawyers view that an Enforcement Notice has expired!
There is an area of land in the countryside within my authority where in 1988 a residential caravan was placed. An Enforcement Notice was issued on 2 June 1988 becoming effective on 14 July 1988. The Notice alleged,'Change of use of land from agriculture to a mixed use for the purpose of agriculture and the stationing of caravans for residential purposes.' The notice required, '. Discontinue the use of the land for the purposes of the stationing thereon caravans for residential purposes. 2. Remove the caravans from the land.' The compliance period was two months. The Notices were appealed but the appeal was withdrawn. The occupiers of the land failed to comply with the requirements of the Notice and were summoned to appear before the Magistrates Court. Two defendants appeared before the Magistrates on 9 November 1989 and pleaded guilty. Sentence was deferred until 3 May 1990. On that date the two defendants were fined £50 on each of two summonses and £50 costs. On 19 November 1990 the Notice was complied with. In November 2006 one of the defendants in the previous court case moved a mobile home back on to the land. He was informed about the Enforcement Notice still being valid but has chosen not to remove the mobile home. I have instructed my Legal Department to prosecute for breaching the Enforcement Notice.

One of the lawyers has reviewed the case and his comments are below: However, I do not find it compatible that a prosecution can be brought for the breach of this enforcement notice when it was issued almost 20 years ago. I have not had access to the legal or planning files, and as such cannot be certain whether there have been further breaches of this enforcement notice during this time. In any case this would not affect my decision, as I consider the time period to be too long.

Accordingly, I would advise you to instruct legal to issue a new enforcement notice in respect of this land. We have discussed with him the fact that the Notice is placed on the land and is therefore not time constricted but he will not change his opinion. He says that he has considered the Code for Crown Prosecutors and used that to come to his decision. I have tried to contend that the code is really for criminal offences but again he will not budge. I would be most grateful to hear if anyone else has received this type of advice and as to whether any other authority lawyers are of the same opinion or if there are any cases that would help my case or even tend to support the lawyers view. John Arnold - Mid Sussex District Council

Charter/Policy to deal with fasle complaints
I would be interested to know if any authorities have, as part of their main enforcement charter/policy, a policy for dealing with persistant callers with false complaints(ie callers complaining about spurious or unsubstaintiated alleged breaches of control)? I am wanting to adopt a policy to allow my authority to effectively deal with timewasters!.
Any help would be appreciated. Richard Greaves - Essex County Council

Grading of Enforcement Officer Posts
I work with Jim Lynn in Hillingdon LPA, and am trying to research grading of enforcement posts with other LPA's. Unfortunately most people are quite resistant to their wage information and consequently I am having difficulty in comparisons. Jim suggested if I posted this question on your site I may get a more favourable response, so here goes!

I would be grateful to recieve details of grading of all posts within your enforcement teams.
Pritesh Jethwa - Hillingdon
----------------------------------------- RESPONSES RECIEVED VIA THE WEBSITE ------------------------------------------------
I work for L.B.Bromley where ther are 3 Enf Officers. Two have just been increased (after much difficulty) to SO1 and the third is Scale 6 . SO1 spinal point 29 (£24825) to 31(£26358) and Scale 6 spinal point 26 (£22539) to 28 (£23937). I tried a similar exercise a few years ago and also had a poor response, I would appreciate a copy of your result. Regards Phil Sheridan .
20/9 Phil Sheridan - London Borough of Bromley

New Enforcement Database open to the Public?
It is being proposed, on the back of introducing a new Enforcement computer data base module, to make details of all Enforcement enquiries available for access by the all officers within Planning/Building Control etc. and the general public.

As Manager of the Enf. Team I am resisting such proposal and maintain that the full data base should only be accessible by Enf. Team personnel only. If it can be engineered I have no qualms for other members of Planning staff having a limited form of access i.e. to be able to confirm a site being of interest to Enf. but no additional information to be seen.

I therefore wish to know the approach of other LPA's to this matter . Jim Lynn - Hillingdon

----------------------------------------- RESPONSES RECIEVED ON THE WEBSITE ----------------------------------------------

Three Rivers DC have a basic enforcement module to which the public have access. It gives the site address, the date, the enforcement running number, a brief description of the allegation i.e. Not to plans / overheight fence etc and the enforcement officer dealing. When it was first introduced at TRDC details of the complainant were also displayed (this was rapidly changed) so before going live check the whole of the system to ensure such sensitive information is not available. Hope this helps . 16/5 Peter Lowe - Three Rivers

Green Belt land for sale-!
Can you help, I am doing a small investigation into a company that have been selling off a major Green Belt wildlife site for “investment purposes” adjacent to Borehamwood in Hertsmere. There is virtually no chance of the land getting planning permission, even in the long-term. The land has been sold at a price that purchasers will often, not use a solicitor, to advise them. Therefore purchasers do not get any objective legal advice, not to buy.

Whilst to some extent the company operates under the system of caveat emptor,

• the literature appears economical with the truth (e.g. it does not anywhere mention that it is a designated wildlife site, that it is part of a hugely valuable green buffer between two settlements, etc);
• The firm first advertised the land abroad where people are unaware of the importance placed on protecting the Green Belt;

Furthermore local residents and amenity groups are angry why such a development is being considered and some feel that our LDF has something to hide.

Councillors understandably want to see if there is anything we can do to prevent further sales of the sites. In my view the sale is more immoral than illegal, relying on the gullibility of a section of the community to buy plots that are essentially now worthless. Some of the purchasers are likely to be vulnerable people who have put their life savings into this venture.

Any experience you could relate to me of this practice in your district would be very useful. Mike Mash - Hertsmere Borough Council

Car Sales
We have a current problem that appears to be spreading rapidly within the area; this is the advertising of cars 'For Sale' on or adjacent to the Highway. The telephone number on the advertisements indicate, that it is a small number of persons concerned in selling of the vehicles; possibly dealers. Having reviewed the matter the only legislation that appears to cover this is The Town & Country Planning (Control of Advertisements) Regulations 1992.

I would be interested to hear from any authority that has conducted a prosecution for car sales under this legislation, or from any authority that has dealt with this issue by any other means. Alan Frampton -New forest District Council

Condition Monitoring
As part of my Compliance and Monitoring role I am spending a disproportionate about of time dealing with Obscured glazing details and non-openable windows. I am therefore trying to persuade my colleagues in DC that they are not getting the best out of me by chasing such conditions.

Our Standard Condition currently requests for details of both the type and privacy level of the glass to be agreed. I would be grateful if anybody could let me have any Obscured Glazing conditions that doesn't require the submission of details?

I also receive a lot of grief about non-openable windows, especially in bathrooms, so again I would be grateful if anybody could let me have a copy of any conditions that allow for quarter-lights or restrictive opening of windows. Paul Bohannan - Chelmsford Borough Council
------------------------------------------------------------------------------------------------------------------------------------------
The Webmaster offers the following condition(s) used by Bracknell Forest Borough Council.

Z405C House extensions: obscure glazing
The [room name window(s) facing direction] shall be glazed with obscure glass and shall be fixed so as not to open except for the top light(s). Any replacement or repair shall only be with obscure glass and with similar fixed lower lights and opening top lights.
REASON: To prevent the overlooking of adjoining property.

See more conditions here (506kb)

CPD Certificate & it's Value?
I and my colleague who attended at Chigwell, need to know how many CPD points attendance at SEOG meetings attracts - As far as we can see, all material refers only to qualifying for points but is silent as to the number of points gained. Are you able to shed light on this?
Keith Trowell - London Borough of Enfield
------------------------------------------------------------------------------------------------------------------------------------------
The Co- Chair of S.E.O.G. says... Response

Best Value
I have been tasked to investigate scope for joint working with Officers in the Council who spend time visiting sites in the Borough to assist with Enforcement. The aim is to achieve a more proactive aproach in dealing with Breaches of Planning Control.

Do any Authorities have any procedures for joint working with other Officers from other Departments within the Council where the matter is planning related. For example an unauthorised extension where it is believed in addition Building Regulation Approval is required and would involve Building Control Surveyor and Building work is taking place early in the morning, annoying residents and is in Breach of Control of Pollution Act and would involve Environmental Health Officers. Cliff Travis - Woking BoroughCouncil

Appeal to An Enforcement Notice:
I am currently dealing with an appeal to an enforcement notice where the appellant is claiming that the breach concerned has occurred for over 4 years and as a result she is exempt from enforcement action. During the four years she completed a Planning Contravention Notice in which she deliberately gave false information and has also removed items from the premises when inspections have taken place in order to convince officers that she was not living there. Does anyone have any similar occurance or precedent that could be quoted for the Inspector to have justification to refuse the appeal because she has deliberately abused the system?
Andrew Grenyer - Forest of Dean District Council