Planning Enforcement for Prior Planning Application

[Birdman69]

Hi,

 

Some years ago a local private college applied for planning permission to build on a playing field, to include parking facilities.  The application was refused by the local council.  Since then, the college has regularly allowed visitors to the playing field to park on it and we have photographic evidence of this.

 

After contacting the council, asking them to enforce the original refusal, they agreed.  But then reversed that decision saying that as the college had subsequently applied to build some houses on the land, they were unable to serve an enforcement notice.  The new application (for houses) has also now been refused but the council are still saying that they can do nothing because the applicant may appeal the refusal.  How can this be non-enforceable because a planning application has been submitted?

 

To me, this sounds ridiculous, so I'm here hoping to gain wider (expert) opinion, as the local council have proved themselves not to be the brightest in the past... It strikes me that it's similar to saying the Dept. of Transport are in discussion with the PM about increasing the motorway speed limit to 90mph, so we can all drive at 90mph until the decision is made - after any appeal of course!

 

Thanks.

 

[Jilly]

Do they need planning permission to park on the grass? Unless I've missed something? As it's amenity rather than agricultural and not a permanently resurfaced area, I doubt enforcement would bother with it. They're incredibly busy at the moment. 

Building without planning permission is another thing entirely.

[Temp]

Enforcement action can be appealed so there is no point in starting enforcement if they are likely to appeal the planning refusal. This is because the planning appeal is likely to be heard before the enforcement appeal. They have 6 month to appeal from date of refusal. Keep an eye on that date and complain to the planners when the 6 months are up.

 

If the planners felt it was extremely unlikely that an appeal would succeed then they could issue an injunction. However these are expensive (I heard £10k for a barrister). The planners are unlikely to justify the expenditure except where a breech of planning involves major irreversible changes. For example demolition of a listed building or choping down old forest.

 

What reasons were given for refusal? If it was refused on the grounds of noise you might try complaining to the EHO at the council.

 

How often do they park there? Generally you are allowed to do this sort of thing for 28 days a year without needing planning permission. In my area a motorbike scrambling club were using a field for 28 days a year and there was nothing the planners could do until they exceeded that number of days. Environmental Health were more willing to investigate.

 

It's worth reading a book like "Complete Planning Permission: How to get it, stop it or alter it" by Speer and Dade as only "valid" reasons for rejection can be considered by the planners or at appeal. Things like the impact on your property value are not considered valid reasons. 

 

 

 

Edited November 2, 2021 by Temp

[Birdman69]

Thanks for your comments, much appreciated.

 

One of the reasons for the original refusal was that they have adequate parking within 1 min walk of the playing field, so it was considered unnecessary.  Parking on field happens on a weekly basis.  

 

It is also common knowledge locally that the college has always maintained that they would build houses on the field eventually, despite constant opposition from residents and councillors.

 

I guess my confusion and disbelief lies with the following sequence of events -

1. Application 1 was for an access road and parking.

2. Application 1 was refused as detailed above.

3. College permitted parking on the field despite not having permission,

4. Application 2 (different from App 1) submitted.

5. Request for enforcement notice by residents.

6. Council say that App 2 includes parking for a sports pavilion so can't issue enforcement notice.

7. App 2 refused.

8. College still permits parking on the field.

9. Request (again) for enforcement notice by residents.

10. Council says applicant my appeal App 2 refusal so can't issue an enforcement notice.

 

The college has no permission to park on the field so why can't enforcement happen?

 

Thanks.

 

[Temp]

I think I would write to your MP with the history in your post above.

 

Point out that PP has been refused twice and the school has used the field for parking for more than the 28 days a year allowed by permitted development. 

 

Ask your MP to write to the head of planning and ask how long residents have to live with the noise etc  before the planning department will take enforcement action.