GP4

Policy: GP4 - General Policy 4

General Policy 4: Where appropriate the Department will enter into Agreements under section 13 of the 1999 Town and Country Planning Act which may:

1. restrict the use of land;
2. require land to be used in a particular way;
3. restrict the operations which may be carried out in, on, under or over land;
4. require operations or activities to be carried out in, on, under or over land or;
5. require payments to be made to the Department either in a single sum or periodically, in particular as commuted sums for open space or parking provision, or other social or cultural provision, including public art, which is necessary and directly associated with the development proposed.

6.4.2 Planning Agreements will not be used to support the approval of proposals which are not in accordance with the Aim, Objectives and Policies of the Plan.

To date, Planning Agreements have only been used in a limited number of cases. Supplementary Guidance will be prepared for Agreements under Section 13 of the 1999 Town and Country Planning Act, to be read in conjunction with the Strategic Plan. This will set out the principles and practice of the Department to ensure consistency and to avoid unnecessary delay to the planning and development system.

6.5 Enforcement

6.5.1 Under Part 4 of the Town and Country Planning Act 1999, the Department has duties in respect of breaches of planning control. In any case, the objectives of this Plan would be thwarted without an effective development control system, part of which is, of course, enforcement against breaches of control.

6.5.2 The Department will rectify breaches of control firstly by negotiation, but where this fails and

1. a regularising application is unsuccessful; and
2. the breach is clearly contrary to any of the policies of this Plan;

the Department will consider the commencement of enforcement action in accordance with Part 4 of and Schedule 4 to the 1999 Town and Country Planning Act.