Introduction and context
This Protocol supplements the information published in the adopted Tonbridge and Malling Borough Council’s ‘Planning Enforcement Plan’. It has been prepared having regard to our corporate policies and plans, and relevant planning policy and guidance. The National Planning Policy Framework (NPPF) states:
“Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately”.
We have at its disposal a range of planning enforcement powers to ensure effective enforcement, including the power to serve a notice under Section 215 of the Town and Country Planning Act 1990 (as amended) requiring steps to be taken to where it is considered that the condition of the land is such that it has an adverse affect on the amenity of the area.
Such notices, when used properly and proportionately can assist in maintaining and improving the quality of the environment, tackle dereliction and respond positively to legitimate public concerns.
This protocol serves to provide details of the procedures in place which will be followed in considering such complaints and sets out the nature of assessment that will be carried out in order to establish whether formal action should be taken. It is intended to provide a comprehensive advice on how we will assess such matters and take appropriate and proportionate action.
The protocol should be read in conjunction with the adopted Planning Enforcement Plan, Direct Action Protocol and specific national guidance set out in the Planning Practice Guidance.