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
This bill aims to strengthen protection for family homes against breaches of planning laws related to permitted development rights. It introduces clearer guidance for local authorities, establishes complaint mechanisms, and creates financial penalties for developers who violate regulations.
Description
The bill mandates that local planning authorities:
- Establish monitoring and inspection arrangements: Within six months, authorities must ensure developers comply with permitted development regulations and allow residents to request inspections of neighbouring property developments impacting their amenity or property.
- Set up complaint procedures: Within six months, they must create systems for receiving, investigating, and adjudicating complaints about permitted development breaches, including appeals processes.
- Enforce sanctions: They can impose financial penalties on developers whose alterations exceed permitted rights and negatively impact neighbours’ properties or enjoyment.
- Report to the Secretary of State: Within 12 months, they must report on their implementation of monitoring and complaint procedures.
The Secretary of State must:
- Issue guidance: Provide guidance to local authorities on implementing the new monitoring and complaint procedures.
- Review and potentially amend regulations: Within 18 months, they must report to Parliament on developer compliance with the 2015 Order and potentially amend this order after public consultation, based on findings from the bill’s implementation.
Government Spending
The bill does not specify direct government spending figures. However, costs are likely to arise from the increased workload on local planning authorities related to monitoring, investigation and enforcement activities. Costs associated with the Secretary of State’s reporting and potential amendment to the 2015 Order also need to be considered.
Groups Affected
- Local Planning Authorities: Increased workload and responsibilities for monitoring, enforcement and complaint handling.
- Residents: Increased avenues for complaint and redress regarding development impacting their properties.
- Developers: Potential for financial penalties for non-compliance with planning regulations.
- Secretary of State: Responsibility for providing guidance, reviewing compliance, and potentially amending existing legislation.
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