Planning Permissions and Unauthorised Developments

Jonathan Gullis Excerpts

Wednesday 26th January 2022 Commons Chamber

[Gareth Bacon]

My right hon. and gallant Friend is, of course, completely correct.

The consequence of the situation I have described is that many rogue developers bypass our planning system, gambling that enforcement action against them will be too slow and that, once built, their unauthorised development will be approved regardless. This is infuriating for the local residents who have to live alongside the developments. It is also frustrating for those who have played by the rules and sought planning permission themselves only to see others bypass the process.

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

My hon. Friend is making a fantastic speech. In Stoke-on-Trent North, Kidsgrove and Talke, Staffordshire Waste Recycling Centre now has to apply for retrospective planning permission at its McGuinness scrap yard site, where the company is digging up an old landfill site, causing a terrible stink across the north Staffordshire area. Nearby, people are suffering because of Walley’s Quarry in the neighbouring constituency of Newcastle-under-Lyme. Does my hon. Friend agree that not just certain developers but companies are taking liberties and creating distress for the surrounding residents?

[Gareth Bacon]

I agree entirely with my hon. Friend. That is precisely the sort of abuse of the system that I ask the Government to address. Such abuses have a material and long-lasting impact on local people. When people are seen to get away with it, that just encourages more of the same.

--- Later in debate ---

[Christopher Pincher]

My right hon. Friend makes a practical point, and I will come on to say something about the support we want to give local authorities so that they are better able to enforce the rules. It is all very well regulating, but regulations are only as good as the enforcement capability of those charges with that responsibility—[Interruption.] I note, as I look to my right, that my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) appears to be about to get to his feet, so I shall pre-empt him by sitting down.

[Jonathan Gullis]

I thank my right hon. Friend. He will know that, when it comes to giving local authorities more powers, it is about tackling not just retrospective planning, but those who own buildings, especially heritage buildings, that they are allowing to fall into a state of disrepair by being either a rogue landowner or an absentee property owner. I have introduced the Planning (Proper Maintenance of Land) Bill—not a very sexy title, I accept—which seeks to increase the fines in section 216 of the Town and Country Planning Act 1990. I have obviously been lobbying the Minister relentlessly, and I could not waste this opportunity to ask him to confirm at the Dispatch Box that, like that of my hon. Friend the Member for Orpington (Gareth Bacon), my ten-minute rule Bill is certainly being considered as part of the planning reforms.

[Christopher Pincher]

I am never knowingly under-lobbied by my hon. Friend, and I salute not only his indefatigability in campaigning on this issue, but the elasticity with which he has shoehorned it into this particular debate. Let me assure him that the matter he raises is important, and we do want to address his concerns effectively when we bring forward our planning reform. I am sure we will be talking further with him about those matters.

I have said that councils can step in to suspend works and enforcement notices can be served, but if a council needs to go nuclear, it can apply for a planning injunction via a court order that would restrain any actual or expected breach of planning controls. The outcome of this sort of process can lead to jail time, assets being seized and fines being handed down.