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 enabling local authorities to seek High Court injunctions for unresolved breaches. It also mandates a review of the effectiveness of these measures.

Description

The Planning (Enforcement) Bill introduces several key measures:

• National Database: A national database of planning breaches will be created to help local planning authorities make informed decisions on future applications. Local authorities will be required to record information on this database and consider information from it when making decisions.
• Declarations on Applications: Applicants for planning permission will be required to declare any previous planning breaches. Failure to do so will be a punishable offense.
• 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 restoration of the site to its pre-breach condition.
• Guidance: The Secretary of State will issue guidance to local planning authorities on how to implement the bill's provisions.
• Review: A review of the bill's effectiveness in reducing planning breaches will be conducted and a report presented to Parliament within a year of the Act being passed. This review will consider the need for new or increased penalties for planning offenses.

Government Spending

The bill anticipates costs associated with establishing and maintaining the national database. These costs will likely be covered by fees charged for planning applications. The exact figures for these costs and fees are not specified in the bill itself.

Groups Affected

• Local Planning Authorities: Will have new responsibilities regarding data recording, database searches, and consideration of breach history in planning decisions.
• Planning Applicants: Will face new requirements to declare previous breaches and could face penalties for non-compliance.
• Individuals and Companies in Breach of Planning Control: May face injunctions from the High Court, restricting their activities or requiring site restoration.
• The Judiciary: The High Court will play a more significant role in resolving planning enforcement issues.

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