Glossary and abbreviations
Top
A | B
| C | D |
E | F |
G | H |
I | J |
K | L |
M | N |
O | P |
Q | R |
S | T |
U | V |
W | X |
Y | Z
A
Authorised development: Development,
including the use of land, that has the necessary planning
permission to take place. Planning conditions will be attached to
the permission to control the development. (Find out more
about the monitoring and compliance of
authorised development.)
Aftercare: Formal period for the ongoing
maintenance of a site that has been restored to an agreed
after-use.
Back to Top
B
Breach of Condition Notice (BCN): An
enforcement tool used when there is non-compliance with a condition
attached to a planning permission. The recipient has a minimum of
28 days in which to carry out the steps required by the notice.
There is no right of appeal other than on a point of law. A
failure to comply is a criminal offence.
Breach of planning control: Development
that is not in compliance with the terms of a planning permission
or development that is unauthorised (for example, it does not
have planning permission).
Back to Top
C
Certificate of Lawfulness of Existing Use or
Development: Under planning law, landowners can apply
for a Certificate that confirms that the use of the land or
development established on the site, is lawful; for example,
because it has been there for a long time.
Complainant: The person reporting a
potential breach of planning control.
Compliance: Development should accord
(that is, be in compliance) with the terms of the planning
conditions attached to the necessary planning permission.
Criminal Procedure and Investigations Act
(CIPA): Provides a statutory framework for governing the
disclosure of unused material is criminal proceedings. A Code
of Practice details how relevant material obtained in a criminal
investigation is to be recorded, retained and revealed to the
prosecutor. (Read the Criminal
Procedure and Investigations Act.)
Back to Top
D
Development Plan: Comprises all the
adopted planning strategies and plans that relate to a specific
area or site at that specific time, for example, when a planning
application is determined. Development control decisions must
be made in accordance with the ‘development plan’ unless ‘material
considerations’ indicate otherwise. The ‘development plan’ for
West Sussex includes the Regional Spatial Strategy (currently
Regional Planning Guidance for the South East), the West Sussex
Structure Plan 2001-2016, and the
relevant adopted local plans (such as the West Sussex Minerals Local Plan 2003) and development plan
documents.
Direct action: An enforcement tool used,
in exceptional circumstances, if an operator or landowner continues
the operation or refuses to comply with the requirements of an
Enforcement Notice. Direct action to secure compliance is a
last resort and may include the County Council entering the land
and taking the necessary steps specified in the notice; and
recovering from the person who is the owner of the land any
expenses reasonably incurred by us doing so; or registering a
charge on the land.
District and borough councils: Responsible
for all compliance and enforcement matters that relate those areas
of planning outside the County Council’s control. Also
responsible for dealing with other enforcement matters, such as
abandoned vehicles and flytipping. (Find out more about the
roles and responsibilities of the
different organisations and agencies involved with controlling
development.)
Back to Top
E
Enforcement action: Must only be taken
when the breach of planning control is unacceptable on planning
grounds and it is in the public interest to take action. The
precise form of any action taken against a breach of planning
control is within the discretion of the County Council, subject to
Judicial Review. Informal action is preferable and involves
resolution through negotiation and may lead to a retrospective
planning application to ‘regularise’ the activity. Formal
action, which must be appropriate and proportionate, involves the
use of a range of enforcement ‘tools’ including breach of condition
notices, enforcement notices, temporary stop notices, stop notices,
injunctions, and direct action.
Enforcement Notice (EN): An enforcement
tool used where there is a breach of condition on authorised
development or where there is unauthorised development (if the
County Council decides a retrospective planning application is not
appropriate or an application has been refused). This Notice
must be served on the owners, occupiers, and all other parties who
have an interest in the land affected by the Notice. It
specifies what the problem is, what must be done to put it right,
and gives a time period for completion of the remedial
works. It comes into effect not less than 28 days after it is
issued unless an appeal is made against it. Any appeal stops
the Notice taking effect until the appeal is determined and, if
successful, leads to the notice being quashed. A Stop Notice
can be issued to prevent continuation of any activity up to the
period of confirmation or otherwise of any Enforcement Notice.
Environment Agency (EA): The statutory
body responsible for environmental matters including the
environmental permitting regime (which replaces the former system
of pollution prevention control permits and waste management
licences). The regime operates in parallel with the planning
system and conditions will be attached to permits/licences to
control the environmental impacts of development. Regulation
and enforcement relating to such matters is the responsibility of
the Environment
Agency.
Environmental Permits: The Environmental
Permitting regime, operated by the Environment
Agency (EA) since April 2008, has replaced the former system of
pollution prevention control permits and waste management
licences. The regime operates in parallel with the planning
system and conditions will be attached to environmental permits by
the EA to control the development. Regulation and enforcement
relating to such matters is the responsibility of the EA.
Back to Top
F
Fees Monitoring Sites: New ‘fees
monitoring’ legislation was introduced in April 2006 to ensure
that permissions on mineral extraction sites (for example, sand
pits) and landfill sites are monitored in accordance with good
practice. A ‘fees monitoring scheme’ operates in West Sussex
that allows us to charge fees for site visits to monitor those type
of sites. Non-fees sites are also monitored to ensure compliance
with planning permissions.
Back to Top
G
No entries for this letter.
Back to Top
H
Health and Safety Executive (HSE): The
statutory body responsible for health and safety on development
sites. Regulation and enforcement relating to health and
safety is the responsibility of the Health
and Safety Executive.
Back to Top
I
Injunction: Notwithstanding any other
formal enforcement actions being taken, an injunction
(interim/emergency or final version) can be sought from a judge
sitting in either the High Court or the County Court in order to
restrain any breach of planning control that is causing significant
harm to the environment.
Investigation: Process of gathering evidence to
determine whether a breach of planning control has taken place or
is taking place. It involves the use of a range of tools including
statutory power to enter land, planning contravention notices, and
requisition notices. (Find out how we investigate possible breaches of planning
control.)
Back to Top
J
Judicial Review (JR): A type of court
proceeding in which a judge reviews the lawfulness of a decision or
action made by a public body. They are a challenge to the way
in which a decision has been made, rather than the rights and
wrongs of the conclusion reached.
Back to Top
K
No entries for this letter.
Back to Top
L
No entries for this letter.
Back to Top
M
Material Considerations: Issues or factors
that can be taken into account in making planning decisions, e.g.,
determining a planning application. Whether a factor is
'material' depends on the individual circumstances of a
case. Development control decisions should be made in
accordance with the ‘development plan’. However, the ‘material
considerations’ of a case can be taken into account and sufficient
weight may be given to specific issue or factors that indicate that
a different decision should be made.
Back to Top
N
Notice of Intention to Inspect: A
statutory power used where access to a site to gather information
has been refused. Any person who wilfully obstructs an officer
exercising these powers is liable to prosecution.
Back to Top
O
Over-enforcement: Where the enforcement action
taken is disproportionate to the harm caused.
Maladministration could arise in such cases.
Back to Top
P
Permitted development: Under planning law,
some development is ‘permitted’ and does not require planning
permission from the relevant local planning authority.
Planning conditions: Detailed clauses
attached to a planning permission that specify what is permitted
and what is not permitted through the granting of the
permission. Used to control, for example, the impact of the
development on the environment and on local amenity.
Planning Contravention Notice (PCN): An
investigation tool used where there is good reason to believe a
breach may have occurred to gather information about either the
unauthorised development and/or land ownership. Subsequent
discussions may lead to the submission by the
developer/operator/landowner of a retrospective planning
application so that the matter can be formally considered by the
County Council.
Police and Criminal Evidence Act
(PACE): Provides a framework for the investigation of
criminal offences. For example, when cautioning suspected
offenders. (Find out more about PACE
on the Home Office's web site.)
Pollution Prevention Control (PPC) Permits: A
regulatory system operated by the Environment
Agency that has now been replaced by the Environmental
Permitting regime. It operated in parallel with the planning
system to control the environmental impacts of development relating
to potential pollution. Regulation and enforcement relating to
pollution control is the responsibility of the EA.
Back to Top
Q
No entries for this letter.
Back to Top
R
Regulation 3 applications: Planning
applications by the County Council for its own developments, such
as schools and libraries.
Regulation of Investigatory Powers Act
(RIPA): Regulatory framework for a range of
investigatory powers to ensure that they are used lawfully and in a
way that is compatible with the European Convention on Human
Rights. In particular, it requires those authoring the use of
covert techniques to give proper consideration to whether their use
is necessary and proportionate. Find out more about RIPA
here.
Requisition Notice: An investigation tool
that requires the person on whom it is served, to provide details
about land-use/ownership, and may be the precursor to the issue of
a formal notice. It also warns the recipient that enforcement
action is being considered, and is often enough to satisfactorily
resolve the breach of control.
Retrospective planning application: A
planning application that is submitted for approval after the
development has commenced or taken place. It may be used to
‘regularise’ unauthorised development that has come to light
following an investigation. A retrospective application may be
encouraged by the County Council where the application is likely to
be approved in order to avoid the need for formal enforcement
action.
Back to Top
S
Site Liaison Groups: Established for the
larger sites and involve the site operator and representatives from
the Environment
Agency, and the county, district, and parish
councils. Compliance with the conditions attached to planning
permissions may be discussed at meetings and any unresolved
breaches of planning control may also be raised with the intention
of swiftly resolving the issue to satisfaction of the group.
Statutory power to enter land: An
investigation tool that enables an authorised officer of the County
Council to enter land when investigating alleged breaches of
planning control. Any person who prevents an authorised
officer gaining access to land to obtain information required for
enforcement purposes may be liable to prosecution.
Stop Notice (SN): An enforcement tool
used where an Enforcement Notice has been served or when an appeal
has been lodged against the Enforcement Notice. It is used where it
is necessary to stop activities immediately where there is
particular harm to the environment or to local amenity. As
compensation can be sought against the County Council against a
Stop Notice, a financial cost benefit analysis is required prior to
the serving of the Notice.
Back to Top
T
Temporary Stop Notice (TSN): An
enforcement tool used where there has been a breach of planning
control and that it is necessary to stop the activity, or any part
of it that amounts to the breach, immediately. It is effective
the moment it is served and can be used for a maximum of 28 days,
during which time further enforcement action can be
considered. There is no right of appeal against a TSN, other
than by way of Judicial Review.
Back to Top
U
Unauthorised development: Development,
including the use of land, that does not have the necessary
planning permission to take place.
Under-enforcement: Where enforcement
action was clearly necessary and has not been taken.
Maladministration could arise in such cases.
Back to Top
V
No entries for this letter.
Back to Top
W
Waste Management Licences: A regulatory
system operated by the Environment
Agency (EA) that has now been replaced by the Environmental
Permitting regime. It operated in parallel with the planning system
and conditions were attached to licences by the EA to control the
environmental impacts of development. Regulation and
enforcement relating to such matters is the responsibility of the
EA.
Back to Top
X
No entries for this letter.
Back to Top
Y
No entries for this letter.
Back to Top
Z
No entries for this letter.
Back to Top