2013 Response to Changes to Temporary Stop Notices (February)

RESPONSE to QUESTIONNAIRE

Q1. Will this proposal improve local councils' ability to use Temporary Stop Notices in respect of breaches of planning control related to using caravans as main residences?

YES

Q2. Will the impacts of this proposal on caravan occupants be acceptable?

Caravan occupants are not members of this organisation, but NORA members have experienced serious problems with caravan occupants illegally settling adjacent to their properties. So the proposal would certainly be acceptable to NORA members.

Q3. Would guidance assist local councils in determining whether and how to use Temporary Stop Notices in respect of unauthorised development?

YES.

More could be done with this measure, especially to protect family homes from being converted into Houses of Multiple Occupancy when they require planning consent, See answer to Q4.

Q4. Are there other or alternative reforms that would make Temporary Stop Notices more effective?

YES.

The serious problem of the change of a family dwelling house into an un-licensed House of Multiple Occupancy (HMO) is not subject to the Temporary Stop Notice procedure since changes to dwellings are currently exempt from Temporary Stop Notices. Such change may be in breach of a valid Article 4 Direction or in breach of planning regulations when the number of occupants exceeds 7, but the development can be difficult to stop or reverse. When the problem occurs in a residential area, it can cause much disruption from noise-nuisance and parking problems, but planning legislation currently appears inadequate to manage it.

Accordingly it would be helpful if the proposal to include caravans as subject to Temporary Stop Notices could be extended to the change of a dwelling into a House of Multiple Occupancy when such a change would otherwise require planning consent.

Q5. Do you agree with the potential impacts of this proposal as set out above?

YES

Q6. Do you have any evidence that is relevant to this proposal (in relation to use of Temporary Stop Notices, relating to caravans within unauthorised developments, impacts on caravan occupants, equalities implications, or any other impacts)?

NO, not now.

A residents group from Ramsden in Basildon were once members, but NORA no longer has access to their evidence of the 10 year problem they suffered.

Q7. Are there any other comments you wish to make as part of this consultation?

YES

The serious problem of the change of a family dwelling house into an un-licensed House of Multiple Occupancy is not currently subject to the Temporary Stop Notice procedure. Such change may be in breach of a valid Article 4 Direction or in breach of planning regulations when the number of occupants exceeds 7, but the development can be difficult to stop or reverse. When the problem occurs in a residential area, it can cause much disruption from noise-nuisance and parking problems, but planning legislation currently appears inadequate to manage it.

Accordingly it would be helpful if the proposal to include caravans as subject to Temporary Stop Notices could be extended to the change of a dwelling into a House of Multiple Occupancy when such a change would otherwise require planning consent.

February 2013                                                Alan B Shrank - NORA chairman