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by Munro Research

Protection of Family Homes (Enforcement and Permitted Development) Bill


Official Summary

A Bill to make provision about guidance to local authorities on when to take enforcement action for breaches of planning law; to clarify guidance on the scope of permitted development rights; to make provision about rights and entitlements, including of appeal, for people whose homes are affected by such breaches; to make provision for the inspection and regulation of building under the permitted development regime; to establish financial penalties for developers who breach planning law in certain circumstances; and for connected purposes.

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Overview

The Protection of Family Homes (Enforcement and Permitted Development) Bill aims to strengthen the protection of family homes from detrimental building works carried out under permitted development rights. It introduces new monitoring and complaint mechanisms, clarifies permitted development rights, and establishes financial penalties for developers who breach planning regulations.

Description

This bill mandates local planning authorities to establish systems for monitoring building works carried out under permitted development rights within six months of enactment. This includes allowing residents to request inspections of neighboring properties undergoing development. The bill also requires authorities to set up processes for handling complaints about breaches of permitted development rights, providing avenues for appeals.

Enforcement and Penalties

Local planning authorities are empowered to impose financial penalties on developers whose works exceed permitted development entitlements and negatively impact neighboring properties. A "developer" is defined as anyone undertaking building work on a property that is not their main residence for commercial gain.

Reporting and Guidance

The bill requires local authorities to report on the implementation of these new measures to the Secretary of State within 12 months. The Secretary of State must also report to Parliament on developer compliance with the Town and Country Planning (General Permitted Development) (England) Order 2015, and may subsequently issue further guidance or amend the 2015 Order to clarify permitted development rights.

Government Spending

The bill does not directly specify an increase or decrease in government spending. The implementation of monitoring, complaint handling, and reporting mechanisms may lead to some increase in administrative costs for local authorities, but this is not quantified in the bill text.

Groups Affected

  • Local Planning Authorities: Will have increased responsibilities for monitoring, complaint handling, and enforcement, potentially increasing their workload and administrative costs.
  • Residents: Will gain a more formal mechanism to complain about building works affecting their properties and potentially greater protection from unwanted developments.
  • Developers: Face potential financial penalties for breaches of planning regulations, particularly those exceeding permitted development rights and causing harm to neighboring properties.
  • Secretary of State: Responsible for issuing guidance and overseeing the implementation and reporting of the bill's provisions.
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