Claire Stafford is a Planning Practice Adviser at the RTPI. In this blog she reports on the RTPI Planning Enforcement Conference.
One of the key outputs of the RTPI’s practice-focused networks are their annual conferences. These conferences are tailored to provide members with the latest updates within the respective planning specialisms, whilst also offering a chance for networking – something which enforcement officers can find particularly valuable, given how often they work either in very small teams or as individuals within their councils.
The RTPI Planning Enforcement Conference took place last month at Dentons’ London offices, with over 200 delegates attending in-person and online, many from the RTPI’s National Association of Planning Enforcement.
Responding to resourcing challenges – ‘closing the loop’ and recruiting the best
A key theme running through this year’s conference programme was that of empowering enforcement officers. Dr Sarah Groves-Phillips gave an honest and lively update on Ceredigion County Council’s enforcement challenges and how she tackled their significant case backlog via a fresh approach. This sought to close the loop between different parts of the planning process, via a feedback loop from development management, to enforcement and back to the refinement of local policy. It was crucial in promoting a joined-up approach to planning, thereby transforming an all-too-common sense of ‘firefighting’ into a proactive service.
Building on the theme of overstretched enforcement teams that can experience difficulties recruiting, Shelly Rouse from the Planning Advisory Service summarised the Pathways to Planning scheme, which has been highly successful in its remit to place a wide pool of talent directly into local council planning teams. This session was amplified by current graduate George Weir, who personified the merits of the scheme in placing eager individuals at the heart of local authorities, giving them tangible skills from the outset that they can further hone during their placement. George was happy to report that enforcement is his favourite rotation as it enables him to use investigative skills and have agency over his caseload.
Incorrect Enforcement Notices can have significant implications, further straining the often overstretched and time-poor enforcement officer. Claire Sherrat from PINS and Chatura Saravana from No5 Chambers delivered a joint refresher session designed to equip delegates on how to execute these notices correctly and how to identify planning units. Ahsan Ghafoor from Ivy Legal also sought to streamline the enforcement officer’s workload through providing practical tips on defending appeals.
Responding to inappropriate short-term lets
The increasingly prevalent issue of regulating both Short Term Lets (STLs) and Houses in Multiple Occupation (HMOs) was covered by Shadi Brazell of Central London Forward and NAPE Management Committee representative, Izindi Visagie.
Although an acute issue in the capital, with 1 in 32 London homes now active STLs, this phenomenon directly affects the wider housing market in both urban and rural areas. A lack of accurate data further bleeds into enforcement challenges. In response, Shadi set out recommendations for government, including the call for a national registration scheme, a new specific use class for STLs and a shared approach to enforcement. Izindi then delved into the world of HMOs in terms of possible amenity issues and tips on how to tackle enforcement breaches which can be difficult to prove.
Saying current with case law
The afternoon sessions brought delegates up-to-date with relevant case law; the enforceability of conditions was covered by Mark O’Brien O’Reilly from Francis Taylor Building Chambers and Jack Smyth from No5 Chambers. In particular, Mark outlined the famous case of Mast Quay Phase II in Greenwich, where the constructed development did not resemble the approved plans with a deterioration in the quality of the development. The Inspector noted that this case underlines an important planning principle that if a concern could be overcome by a condition, planning permission should not be withheld. Jack discussed completion notices and common pitfalls around the wording of conditions, for example, conditions that do not make it easy to verify compliance.
The amalgamated Class E Use Class has resulted in inconsistencies in practice; Scott Stemp from No5 Chambers discussed case law regarding the confusion around its interpretation and application in relation to Lawful Development Certificates.
The next generation
Despite enforcement providing the backbone of the planning system, and ultimately protecting the public and the environment from inadequate and often dangerous developments, RTPI research indicates that this specialised area of expertise is being undermined by a lack of resources. And yet, despite this, the conference speakers and delegates in attendance conveyed a strong sense of camaraderie and methods tackle these challenges head on. The RTPI’s Planning Enforcement Conference is a key forum for sharing these.
While the RTPI will continue to lobby for more resources for enforcement teams – there is no way around this fundamental need – the event did illustrate that under-resourcing is not the whole story: countless individuals are going above and beyond in what can be challenging circumstances. We hope they are inspiring the next generation to enter this incredibly important part of the planning profession.
