Interesting Question – Is lack of Enforcement Staff in Considering Condition Enforceability a Material Consideration?

BBC

Just one enforcement worker exists to deal with 300 planning breaches, Mid Devon District Council has heard.

Councillors argued that applying conditions to planning applications could become “self-defeating” due to enforcement staff shortages.

However, a council spokesperson said the planning enforcement service “consistently runs with a case load of around 300 cases”.

The matter was raised at a recent district council planning meeting.

Councillor Rachel Gilmour expressed concern over the issue of imposing planning conditions in the future.

“We have one enforcement officer who is inundated with problems,” she said.

“So is it a good idea to cause problems for ourselves when we can’t enforce what we need to?”

A council officer at the meeting highlighted that an application could not be refused because of too few planning enforcement officers, if it met other planning requirements, the Local Democracy Reporting Service said.

A council spokesperson added the issue was not confined to Mid Devon District Council.

“It is extremely difficult to recruit planning enforcement specialists and this issue is also experienced amongst other planning authorities – both locally and in the wider region,” they said.

Im not criticising but iI was not at first sure this wascorrect. After all if a condition is required to take the planning balance over the line surely the enforceability of that condition is material according to NPPF. 56? PPG .3 states that ALL 6 tests have to be met. Really interesting question. The courts have provided some calirity on this in

The Planning Court decision in R (oao Skelmersdale Limited Partnership) v West Lancashire Borough Council v St Modwen Developments (Skelmersdale) Ltd [2016]  is helpful

Planning conditions which are not enforceable in practical terms are unlawful but those which are merely difficult to enforce are not

Hm, one enforcement office difficult to enforce? But is no enforcement officers ‘not enforceable in practical terms’

I dont think ‘acceptable in all other respects’ is in any shape ofr form a test in planning law terms. It seems almost a forget about an issue if its hard and deal with everything else test. Thoughts anyone.