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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Today

Re: LA Enforcment action . . . .against itself

Former Member, modified 12 Years ago.

LA Enforcment action . . . .against itself

Local Authority's own development is dealt with under Regulation 3 of the T & CP Regulations i.e. the authority deals with its own development and effectively applies to 'itself' for planning permission. My question is can enforcement action also be taken against 'itself' ? I'm only interested in the legal position, not matters such as public perception or the embarrassment factor
Former Member, modified 12 Years ago.

Re: LA Enforcment action . . . .against itself

David In dealing with breaches arising from County Council development, the Council cannot take legal action against itself. Nevertheless, protocols should be in place to ensure internal compliance, including the enforcement of development contracts and the reporting of breaches to portfolio holders. District and Borough Councils have the authority to enforce controls over development undertaken by the County Council under Regulation 3 of the Town and Country Planning General Regulations 1992 and providing they obtain the agreement of the County Council for waste management activities.