Town and Country Planning Act 1990 section 215

The request was successful.

Dear Plymouth City Council,

FREEDOM OF INFORMATION REQUEST

Re: Town and Country Planning Act 1990 section 215

Dear Sirs

Could you please provide the following information under the
Freedom of Information Act 2000:

In each of the last 5 calendar years and in the year to date
(reporting each year separately):

a) How many complaints has the Council received in respect of
properties where one potential response to the complaint would be
the issue of a section 215 notice or the issue of a warning letter
prior to the issue of a section 215 notice
b) How many warning letters were the Council minded to issue
c) How many warning letters were issued
d) How many section 215 notices has the Council issued
e) Of those section 215 notices issued, how many have been
appealed
f) What is the current status of the section 215 notices issued
(resolved/outstanding/appealed/ etc)
g) What is the Councils budget in respect of section 215 notices
for each year and what was the expenditure actually incurred for
each year
h) How many days of officer’s time has been taken up considering
and dealing with section 215 notices and consideration of matters
where a section 215 notice may be an appropriate response
i) Was the issue of section 215 notices subject to the Scheme of
Delegation for each of those years, and if so, to whom was the
power to issue section 215 notices delegated
j) Has the Council at any time in committee or sub-committee
debated or considered its policy on section 215 notices and could
you provide copies of any minutes where a section 215 notice is
mentioned

Please provide a copy of the Council’s currently agreed policy on
section 215 notices and the date and copies of the minutes of the
meeting where this policy was adopted.

Please provide a copy of the Planning Enforcement register for each
of the last five calendar years and the year to date.

Yours faithfully,

Peter C. Bell

Info, Plymouth City Council

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Banning, Cheryl, Plymouth City Council

1 Attachment

 

Dear Peter

 

Thank you for your email requesting information about section 215 notices
under the Town and Country Planning Act 1990.

The application was received on 17 August 2015.

 

The Council will seek to provide the information that you have requested
within 20 working days (by 15 September 2015), or let you know how you can
obtain it. We may not be able to provide all you have requested; if we do
not hold the information, or if an exemption or exception to providing the
information applies. We will explain if we cannot provide what you have
requested.

 

Information is usually provided free of charge, but if there could be a
fee, we will tell you about any charge before we retrieve the information.

 

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depending on how you made your request and how the information is held. If
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at the Council’s web pages: [1]http://www.plymouth.gov.uk/information or
contact Nick King, the representative for this request, on 01752 304471 or
via email [2][email address]. If he is unavailable please leave
a contact telephone number.

 

Yours sincerely

 

Cheryl Banning
Project Assistant
Business Team (Place)
Plymouth City Council
Ballard House

West Hoe Road
Plymouth
PL1 3BJ

T +441752307795
E [3][email address]

[4]www.plymouth.gov.uk

 

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Watson, Chris, Plymouth City Council

1 Attachment

Fao. Mr Peter C. Bell

Dear Mr Bell

Thank you for your Freedom of Information Act request of 15 August 2015, seeking information relating to Section 215 Planning Act Notices issued by Plymouth City Council for each year, and part year, since 2010.

My responses to your specific questions, as far as we retain information on each of your queries, is as follows;

a) How many complaints has the Council received in respect of properties where one potential response to the complaint would be the issue of a section 215 notice or the issue of a warning letter prior to the issue of a section 215 notice
Complaints of this type take many different forms, including emails, phone-calls, and letters. No comprehensive record is kept by the Council of all of these complaints given the different complaint/enquiry mediums that are available for use.
b) How many warning letters were the Council minded to issue
The Council is not required either by law, or as part of an adopted enforcement policy or protocol, to issue a warning letter before issuing a Section 215 Notice. No record is kept of cases where a warning letter has been issued.
c) How many warning letters were issued
Please see answer to b) above.
d) How many section 215 notices has the Council issued
2010 - 1
2011 - 6
2012 - 4
2013 - 2
2014 - 1
2015 to date - 15
e) Of those section 215 notices issued, how many have been appealed
2010 - 0
2011 - 1
2012 - 0
2013 - 0
2014 - 0
2015 to date - 1
f) What is the current status of the section 215 notices issued (resolved/outstanding/appealed/ etc)
2010 - Resolved
2011 - Resolved
2012 - Resolved
2013 - Resolved
2014 - Resolved
2015 to date - 6 Resolved and 9 Unresolved ie required work in progress or prosecutions in progress.
g) What is the Councils budget in respect of section 215 notices for each year and what was the expenditure actually incurred for each year
There is no specific budget set aside for this work, and it is funded through normal planning officer and legal officer staffing costs.
h) How many days of officer’s time has been taken up considering and dealing with section 215 notices and consideration of matters where a section 215 notice may be an appropriate response
No specific record of this is kept, but it is estimated that this aspect of planning compliance work might take up about 5 to 10 percent of total planning officer/legal officer normal working time
i) Was the issue of section 215 notices subject to the Scheme of Delegation for each of those years, and if so, to whom was the power to issue section 215 notices delegated
The decision to issue a Section 215 Notice is vested in the Council's Director of Place, within whose Directorate, the Planning Consents and Compliance Team is situated.
j) Has the Council at any time in committee or sub-committee debated or considered its policy on section 215 notices and could you provide copies of any minutes where a section 215 notice is mentioned
There has been no planning committee or sub-committee debate on this subject to my knowledge within the last 10 -15 years at least

Please provide a copy of the Council’s currently agreed policy on section 215 notices and the date and copies of the minutes of the meeting where this policy was adopted.
The Council does not have a specific policy governing the issuing of Section 215 Notices, and each case is considered on its own merits in terms of the extent of harm to amenity and the minimum work required to remedy the problem.
The Council's stance on planning enforcement actions in general, including Section 215 action, is available in the public domain by viewing this website information;
http://www.plymouth.gov.uk/homepage/envi...

Please provide a copy of the Planning Enforcement register for each of the last five calendar years and the year to date.
The attachment to this email contains a complete list all planning enforcement notices, including Section 215 Notices, that have been issued by this Council in the last 5 years.

I trust that this information is of assistance to you.

Yours sincerely

Christopher Watson
Planning Consents and Compliance Team Manager
Strategic Planning & Infrastructure
Plymouth City Council
Ballard House
West Hoe Road
Plymouth
PL1 3BJ

T +441752304367
E [email address]
www.plymouth.gov.uk

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