Agenda item

The Principal Enforcement Planner introduced the report which provided a summary of the work carried out from April 2024 to March 2025, as well as information about the breaches of planning control that had been resolved in the last quarter, January – March 2025.

The Officer informed Members of the changes that have come into effect from April 2024 regarding planning enforcement legislation, in particular the changes in the periods after which enforcement action cannot be taken, otherwise known as immunity periods.  Previously there were 2 periods, 4 years for operational development and change of use of a building to a single dwelling house, and 10 years for all other changes of use and breaches of conditions. The period now is 10 years for all breaches but there is a transitional period, where buildings completed or substantially completed prior to April 2024 would still be subject to the 4 year period.

The Officer reported that over the period 2024/25, 7 Enforcement Notices were served, 2 of which went to appeal, and 1 Temporary Stop Notice.  3 Appeals were dealt with in the same period, 2 of which were allowed and 1 was dismissed by the Planning Inspectorate. The Officer reported that the overall number of enforcement cases had dropped from 528 to 414, and that the number of breaches resolved over this time was 181.

The Officer then shared before and after photographs of some of the cases that had been resolved in the latest quarter.

K Potter left the meeting at 11:40 during consideration of this item.

Members asked the Officer what would happen if an enforcement notice compliance period ended and there was still no evidence that anything was happening?  The Officer reported that if an Enforcement Notice had not been complied with, then an offence had been committed so the Authority could look at potential prosecution proceedings or take direct action.

Members were then updated regarding the appeal at Rocking Stone Farm, Birchover where the Planning Inspectorate had allowed the appeal. Officers had written to the Planning Inspectorate raising concerns about this and other cases where officers felt insufficient regard had been paid to the harm to the National Park and to limited exceptions set out in policy in order to further National Park purposes.  The Head of Planning explained that the Authority is still awaiting a reply to the concerns raised.

Members asked whether the use of drones could help monitor compliance, particularly as it was likely that the Authority could have less resources in the future.  Members were aware that the Moors for the Future Team used drones for monitoring purposes but felt there could be a reputational risk if they were used for enforcement purposes. The Officer stated that he was aware of their use by some local planning authorities and they may be of benefit in certain circumstances.

Members thanked the team for  the progress made over the last period.

RESOLVED:

That the report be noted.