Charging for enforcement work? - Public forum - Planning Advisory Service (PAS)

The Clean Neighbourhoods & Environment Act 2005 allows Local Authorities to charge for removing/obliterating unauthorised advertisements, but the latest review of planning enforcement only made a recommendation that further research should be commissioned to look into the practicability of charging for compliance and monitoring.

I have very little experience in working with CBEA 05 in our district as the legislative frameworks spans both Environmental & Planning functions, which have as yet to be finalised - if ever. Notwithstanding this, charging for enforcement work would be a very good tool for troublesome sites, but nothing as yet has come through.

You can recover costs on many areas of planning control which include…… Either as a result of direct action on an enforcement notice (which can include the officer man hour cost from the date of the offence) and s215 costs via the Public Health Act 1936 (or the selling off of removed good to offset against the debit account – surplus going to the offender) The power of seizure under section 13 of the LLAA 2007 gives a London Borough the power to seizure of goods used for breaches of advert control which can include vans, trailers, ladders …. And also seek the items be forfeit at the court proceedings. Charges for copy of enforcement notices – like copies of planning decision notices are and can be another way of covering cost (£25 pounds a copy) Land charges to recover cost do include a nominal rate of interest, recovering direct action cost against either a land charge or through the council’s debt recovery service. And let’s not forget POCA, albeit by the time you recover any money and everyone (court etc.. ) else has had a slice of it you will be left with 20 to 30% of the sum. Other areas which could be looked at are enquiries on house or property sales and solicitors wishing to know if an notice served in 1974 or whenever are still in breach ! is this a ‘proper enforcement enquiry' or work that could or should be charged for ?