Overview

This bill aims to strengthen planning enforcement in England by creating a national database of planning breaches, requiring declarations of past breaches on planning applications, and giving local authorities more power to obtain injunctions against repeat offenders. It also includes provisions for reviewing the effectiveness of these measures and potentially introducing new offences or penalties.

Description

The Planning (Enforcement) Bill introduces several key changes:

• National Database: A national database of planning breaches will be created, allowing local planning authorities to access information on applicants' past transgressions when considering new applications. Local authorities will be required to record information on the database, search it, and consider major or repeat breaches when making decisions.
• Declarations on Applications: Applicants will be required to declare any previous planning breaches when submitting applications. Failure to do so will be a punishable offence.
• High Court Injunctions: Local authorities will be able to apply to the High Court for injunctions to address unresolved planning breaches. These injunctions could restrict future applications, limit site use, or require the site's restoration to its pre-breach state.
• Guidance: The Secretary of State will issue guidance to local planning authorities on implementing the Act's provisions.
• Review: A review of the bill's effectiveness in reducing breaches will be undertaken, with a report to Parliament within one year of the Act's passage. This review will consider the need for new criminal offences or increased penalties.

Government Spending

The bill may increase government spending due to the creation and maintenance of the national database. However, no specific figures are provided in the bill text itself. Additional costs might be incurred by local authorities for database use and enforcement actions.

Groups Affected

• Local Planning Authorities: Increased responsibilities in recording, searching, and using database information; additional powers to pursue injunctions.
• Planning Applicants: Required to declare past breaches; risk of fines for non-compliance; potentially stricter scrutiny of applications.
• Individuals and Companies with Planning Breaches: Risk of injunctions, including restrictions on future applications, site use limitations, and restoration requirements.
• High Court: Increased caseload related to planning injunction applications.

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