A further demand for planning reform came shortly before the election from Caroline Spelman, possibly the Conservatives’ future minister with responsibility for planning in England. Gypsies in Ms Spelman’s constituency had acquired land and were apparently about to create a permanent encampment on it without having first obtained planning permission. The development was not popular amongst Ms Spelman’s existing constituents. Solihull Council served a temporary stop notice and apparently is seeking a court order to prevent further development. Ms Spelman explained that there is a “loophole” in the law. In her view, provision is made for retrospective permission “where a genuine mistake has been made”, but this is apparently abused by some developers to press ahead with unconsented development! She called for a reform.
In Scotland, if an enforcement notice is served, it is no longer a ground of appeal to argue that planning permission ought to be granted for the development. Retrospective planning permission must be applied for through the ordinary process. In the meantime, the planning authority might serve fixed penalty notices on the developer if steps required to be taken by the enforcement notice, such as clearing away unconsented development, are not taken.
The Conservatives have already borrowed some planning concepts (such as good neighbour agreements) from the Scottish reforms. Will they now look at applying the Scottish enforcement reforms in England?
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