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Abolish retrospective planning permission and restrict the 28 day rule

2 Comments 2nd July 2010

Abolish all laws permitting retrospective planning permission.  Restrict the 28 day rule to activities which are ancillary to the sites eg allow temporary parking on fields but not a clay pigeon shoot.  Require local authorities to take enforcement action more quickly in order to prevent abuses of the planning system.

Why does this matter?

Planning laws are being abused because of the availability of retrospective planning permisson.  These days people should be aware that planning permission is needed for changes of use or new bulidings etc, particularly if they are employing professional advisers.  Too many businesses are going ahead with activities without planning permission knowing they need it and then applying for retrospective permission.  This process can last 3 years (including appeals) while the activity goes on regardless because the local authorities fail to take enforcement action during the planning process for fear of being sued by businesses.  To prevent this, businesses who fail to apply for planning permission should be required to cease the activity (and clear the site) before planning permission can be applied for.

The 28 day rule is also be abused.  It should only be used for activities which are ancillary to the site.  Too often it is being used for incompatible activities.  The rule should be amended, or if this is too difficult, abolished.

Local authorities are very lax at taking prompt enforcement action, particularly for activities which don't have the relevant planning permission.  They should be given guidance by Government to take action within a set time limit after an abuse is disclosed to them.


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2 Responses to Abolish retrospective planning permission and restrict the 28 day rule

  1. Freelander says:

    The land owner should be able to do whatever he wants on ‘his’ own land.The planning laws are a hinderance to modernization and personal freedom.We have an abundance of land in the UK.Great Britain or Great Bureaucracy!!!!

  2. david rogers says:

    The 28 day rule is a licence for personal profit to be put before the wider environmental good. It is used by greedy individuals that exploit land damage wildlife and blight rural communities with their polluting activities. Clay pigeon shooting being one of the worst. This rule allows anyone to set up a noisy toxic activity free from any restrictions and exploit the length of time it takes to get them shut down. There is of course then nothing to stop them moving two fields further away and start again. They are a drain on local authority resources, waste taxpayers money and disturb residents and wildlife. The 28 day rule rewards pure individual greed at the cost to the environment and taxpayer.

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