Statistical Report 1999-2000
Enforcement Notice Appeals: England
The tables in this section of the report include appeals under section 174 of the Town and Country Planning Act 1990 and section 39 of the Planning (Listed Building and Conservation Areas) Act 1990. A separate breakdown of section 39 appeals is given in Table 23.
The intake of enforcement notice appeals for the year was almost 7% lower than last year. The number of decisions rose by nearly 16%. Table 15 shows the number of appeals received, withdrawn and decided. It also shows a breakdown of the outcome of the appeal.
Table 15: Summary
|
Year |
Received |
Appeals 1 and/or notices withdrawn |
Decided |
Upheld (%) |
Notice Varied 2 (%) |
Quashed (%) |
|---|---|---|---|---|---|---|
|
1997-98 |
3,930 |
1,279 |
3,147 |
1,654 (52) |
773 (25) |
720 (23) |
|
1998-99 |
3,968 |
1,345 |
2,370 |
941 (40) |
832 (35) |
597 (25) |
|
1999-2000 |
3,714 |
1,166 |
2,746 |
899 (33) |
1,008 (37) |
839 (31) |
|
1 |
includes appeals turned away, dismissed or allowed under section 176(3) of the Town and Country Planning Act 1990 |
|
2 |
notice varied includes split decisions |
During the year Inspectors determined 97.8% of appeals with the remainder decided by the Secretary of State. Table 16 shows appeals decided by Inspectors and the Secretary of State and the number where the notice was upheld.
Table 16: Outcome by Secretary of State or Inspectors
|
Year |
Secretary of State cases |
Inspector cases |
||
|---|---|---|---|---|
|
Decided |
Notice upheld (%) |
Decided |
Notice upheld (%) |
|
|
1997-98 |
50 |
23 (46) |
3,097 |
1,631 (52.6) |
|
1998-99 |
51 |
12 (24) |
2,319 |
929 (40) |
|
1999-2000 |
22 |
6 (27) |
2,724 |
893 (33) |
Enforcement notice appeals can be determined following an exchange of written representations, an inquiry or a hearing. The percentage of appeals decided by the three procedure types is shown in Chart 6. Inquiry and written representation cases are also split between those determined by Inspectors and the Secretary of State. The figure for hearings includes 1 appeal determined by the Secretary of State.
Chart 6: Percentage decided by procedure type and by Secretary of State or Inspector
Tables 17, 18 and 19 show the number of appeals decided by written representations, inquiries and hearings respectively. They also show a further breakdown between those determined by the Secretary of State and Inspectors. The number of notices upheld is also shown.
Table 17: Outcome by procedure - written representations
|
Year |
Secretary of State |
Inspector |
Overall |
|||
|---|---|---|---|---|---|---|
|
Decided |
Notice upheld (%) |
Decided |
Notice upheld (%) |
Decided |
Notice upheld (%) |
|
|
1997-98 |
14 |
8 (57) |
2,054 |
1,218 (59) |
2,068 |
1,226 (59) |
|
1998-99 |
8 |
2 (25) |
1,134 |
522 (46) |
1,142 |
524 (46) |
|
1999-2000 |
10 |
2 (20) |
1,525 |
597 (39) |
1,535 |
599 (39) |
Table 18: Outcome by procedure - inquiries
|
Year |
Secretary of State |
Inspector |
Overall |
|||
|---|---|---|---|---|---|---|
|
Decided |
Notice upheld (%) |
Decided |
Notice upheld (%) |
Decided |
Notice upheld (%) |
|
|
1997-98 |
34 |
15 (44) |
736 |
273 (37) |
770 |
288 (37) |
|
1998-99 |
42 |
10 (24) |
734 |
273 (37) |
776 |
283 (37) |
|
1999-2000 |
9 |
1 (11) |
667 |
153 (23) |
676 |
154 (23) |
Table 19: Outcome by procedure - hearings
|
Year |
Secretary of State |
Inspector |
Overall |
|||
|---|---|---|---|---|---|---|
|
Decided |
Notice upheld |
Decided |
Notice upheld (%) |
Decided |
Notice upheld (%) |
|
|
1997-98 |
2 |
0 |
307 |
140 (46) |
309 |
140 (46) |
|
1998-99 |
1 |
0 |
451 |
134 (30) |
452 |
134 (30) |
|
1999-2000 |
3 |
3 |
532 |
143 (27) |
535 |
146 (27) |
Charts 7 and 8 show cases decided and the 80% handling times by procedure type for both Secretary of State and Inspector cases. This work is not covered by a Ministerial target, but our internal business plan target is to determine 80% of written representation cases within 40 weeks and 80% of inquiry cases within 50 weeks.
Chart 7: 80% handling times - Secretary of State cases
Chart 8: 80% handling times - Inspector cases
Table 20 analyses appeals decided and the outcome, by classification of land use. The classification is the use that caused the enforcement notice to be served.
Table 20: Appeals by alleged Land Use
|
Land Use |
Decided |
Upheld |
Notice Varied1 |
Quashed |
|---|---|---|---|---|
|
Agriculture, fisheries and forestry |
149 |
46 |
60 |
43 |
|
Community, education and defence services |
44 |
10 |
12 |
22 |
|
Offices |
93 |
34 |
38 |
21 |
|
Housing and residential development |
1,247 |
413 |
410 |
424 |
|
Leisure and recreation |
74 |
21 |
39 |
14 |
|
Mineral extraction |
12 |
1 |
8 |
3 |
|
Industry |
187 |
61 |
88 |
38 |
|
Shopping |
328 |
117 |
114 |
97 |
|
Transport, utilities and miscellaneous |
273 |
89 |
95 |
89 |
|
Wholesale and storage |
331 |
104 |
143 |
84 |
|
No Land use recorded |
8 |
3 |
1 |
4 |
|
Total |
2,746 |
899 |
1,008 |
839 |
|
1 |
notice varied includes split decisions |
