Latest on the Roundhouse

[Mark Brown]

Latest from Tony Wrench:

taken from Tony's website: www.thatroundhouse.info

UPDATE MAY 1st 2004

House is still standing, thanks to actions of Chapter 7 and The Land Is Ours 
who conducted a series of actions which included squatting the roundhouse 
for four days to prevent it being taken down. They also set up yurt camp 
outside the Park offices. Park officials finally agreed to a public meeting, 
but at a committee meeting the following Wednesday the members agreed to Nic 
Wheeler's (chief exec) suggestion that no public meeting should take place 
until the roundhouse is removed. They are still in denial, and have not 
heard any of our arguments. Jane and I have received a letter from Ms Milner 
that we will again be prosecuted for failing to demolish the roundhouse. As 
to whether it is a good idea for them to enforce, Simon Fairlie of Chapter 7 
has sent me the following information:

>From Enforcing Planning Control: Good Practice Guide for Local Planning 
Authorities, DETR 1997, para 3.5:

"The decisive issue for the planning authority to consider in each case 
(their emphasis) is whether the alleged breach of control would unacceptably 
affect public amenity or the existing use of land or buildings meriting 
protection in the public interest. It is also important to ensure that any 
enforcement action which the authority decide to take should be commensurate 
with the seriousness of the breach of control it is intended to remedy."

The emphasis on "in each case" is interesting. It suggests that enforcement 
should not be carried out simply to secure conformity with policy, but 
according to the merits of the case.

This is repeated in PPG 18, Enforcing Planning Control, which I guess is 
probably issued as TAN some number or other in Wales.

"In considering any enforcement action, the decisive issue for the LPA 
should be whether the alleged breach of control would unacceptably affect 
public amenity or the existing use of land or buildings meriting protection 
in the public interest. Enforcement action should always be commensurate 
with the seriousness of the breach of control to which it relates (for 
example it is usually inappropriate to take formal enforcement action 
against a trivial or technical breach of control which causes no harm to 
amenity in the locality of the site)."

>From the Good Practice Guide Para 1.1: "The planning authority's decision 
whether to take enforcement action must always be well founded. Whether it 
is 'expedient' for the authority to initiate formal enforcement action, to 
remedy or stop an alleged breach of planning control, requires thorough 
assessment of the relevant factors in every case." (Their emphasis again). 
That assessment is made more difficult if the authority have not produced a 
clear statement of enforcement policy to provide a decision -making 
framework. Paragraph 9.1 of the booklet entitled "A Charter Guide: 
Development Control", published jointly by the National Planning Forum, the 
DETR, and the Welsh Office) states: 'The Council's policy on enforcement 
will be publicised. It will explain the Cpouncil's enforcement procedures 
and practices'.

Simon asks:

Have you asked them whether they have a "statement of enforcement policy"?

>From Enforcing Planning Control: Legislative Provisions and Procedural 
Requirements DETR 1997 "The personal circumstances , including such matters 
as health, housing needs and welfare of persons suspected of acting in 
breach of planning control must be taken into account when deciding to take 
enforcement action. (R v Kerrier ex parte Uzell)."

>From a table of Do's and Don'ts for planning officers in the Good Practice 
Guide:

"Do: Be prepared to give reasons for taking enforcement action. Do: Be 
flexible and consider genuine alternative solutions. Don't: give weight 
either way to the fact that the development has already taken place. Don't: 
be strong with the weak and weak with the strong."

And in answer to your earlier query, yes the LPA can quash the enforcement 
notice themselves. Section 173A of the Town and Country Planning Act states: 
"The local planning authority may (a) withdraw an enforcement notice issued 
by them or (b) waive or relax any requirement of such a notice and, in 
particular, may extend any period specified in accordance with section 
173(9)".

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