DCLG consults on temporary stop notices and unauthorised traveller sites

The consultation paper, published by the Department for Communities and Local Government last month, covers a proposal to revoke Statutory Instrument 2005/206 under the Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005.

This currently restricts councils’ use of temporary stop notices on unauthorised sites where a caravan is used as a main residence. “This can discourage local councils from serving stop notices where it may be beneficial to do so,” the DCLG said.

Local authorities would be given greater freedom to make a decision on the basis of local circumstances and on whether serving temporary stop notices in respect of caravans used as main residences but in breach of planning control was appropriate.

The DCLG said: “It will remain for local councils to consider the consequences of taking enforcement action and whether the action is necessary and proportionate in the circumstances.”

The consultation paper said the availability of appropriate alternative sites for caravans used as main residences would be a factor in determining whether it would be appropriate to use temporary stop notices to stop unauthorised development.

It claimed that revocation of Statutory Instrument 2005/206 “may therefore encourage councils to identify land for sites to meet their traveller needs”, which is “a core aim” of the government’s planning policy for traveller sites.

“Local councils will still have to balance the impacts of using their enforcement powers against individuals in breach of planning control against wider impacts, having due regard to the requirements of the Human Rights Act 1998 and Equalities Act 2010,” the paper said.

The DCLG added that the revised arrangements would be backed up by the potential for fines of up to £20,000 on indictment or an unlimited fine on summary conviction.

Communities Minister Brandon Lewis said: “For too long a small minority have abused the planning system, often at the expense of local communities who are forced to put up with unauthorised development in their area. This government believes in fair play, with everyone abiding by the same rules. These proposals will assist local councils in taking effective action against those who don’t.”

Temporary stop notices allow councils to take action with immediate effect against unauthorised development without needing to wait three days for a stop notice or 28 days for an enforcement notice to come into effect.

A copy of the consultation paper and supporting documents can be viewed here. The consultation closes on 13 February 2013.