The following response was received from Rochford District Council Enforecment Dept:
From: Yvonne Dunn [mailto:Yvonne.Dunn@Rochford.gov.uk]
Sent: Thursday, December 22, 2011 05:32 PM
To: **********************
Subject: RE: Breaks in planning control
A break in planning consent is also termed as a breach of planning consent and the later term is what is more commonly use in planning terms. I think the term 'break' was used in our guidance leaflets to achieve plain English status.
As I am sure you are aware various types of development - building operations, engineering operation including earth works, changes of use to land or premises may need planning permission. If this is not obtained this is considered to be a breach. In addition a planning consent approved by the planning authority or by the planning inspector following an appeal can carry a list of planning conditions and if these are not complied with this is also a breach. I am sorry I am not able to provide you with a complete list however to give you some idea of the sort of breaches we deal with on a regular basis and take action against the attached link will take you to the planning enforcement registers. This may of course be the information you have already viewed.
Not all planning enforcement cases result in formal action if they can be resolved either by applying for consent retrospectively or by ceasing the breach of control. In some cases a minor breach can be considered de-minimus where it would not be in the public interest to pursue further action. An example of this could be a boundary fence measuring 2.1 metres, this would technically be a breach of planning control being over 2 metres but would not warrant the resources to pursue the matter.
With regards to the differences in the terms dismantling and breaking of vehicles I have below copied you guidance from the Development Control Practice manuals. These manuals provide details of previous planning appeals and areas of planning law that are in regular use and explains by reference to example how they have been interpreted. I will also refer to the The Town and Country Planning (Use Classes) Order.
In previous appeal decisions relating to scrap yards and car breakers there have been cases where it has been deemed by the Secretary of State (SOS) there is a material difference between a scrap yard and a yard which stored and dismantled vehicles. The SOS drew a distinction between the dismantling and breaking of vehicles, with the former implying the carrying out of a systematic process. (DCP 20.212)
The Town and Country Planning (Use Classes) Order states the use of a site as a "scrap yard" or yard for the breaking of motor vehicles is specifically excluded from any use class by virtue of para.3.6(g) (see below)
(6) No class specified in the Schedule includes use —
(a)as a theatre,
(b)as an amusement arcade or centre, or a funfair,
(c)for the washing or cleaning of clothes or fabrics in coin-operated machines or on premises at which the goods to be cleaned are received direct from the visiting public,
(d)for the sale of fuel for motor vehicles,
(e)for the sale or display for sale of motor vehicles,
(f)for a taxi business or business for the hire of motor vehicles,
(g)as a scrapyard, or a yard for the storage or distribution of minerals or the breaking of motor vehicles.
This means a scrap yard use may not claim a right under the Use Classes Order in order to move onto a B2 site. Class B2 General Industrial use covers the carrying out of an industrial process. The definition of an industrial process in the order states
"industrial process” means a process for or incidental to any of the following purposes:—
(a) the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);(b)the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or(c)the getting, dressing or treatment of minerals;in the course of any trade or business other than agriculture, and other than a use carried out in or adjacent to a mine or quarry;
(a) the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);
(b)the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or
(c)the getting, dressing or treatment of minerals;
in the course of any trade or business other than agriculture, and other than a use carried out in or adjacent to a mine or quarry;
In summary and based on the above interpretations The dismantling of vehicles is more of a systematic process and falls under Class B2 - breaking up or demolition of any article. The dismantling of cars in this way is not the same as a scrap yard or vehicle breakers and because of this these are specifically excluded from the Use Classes Order.
I hope this email has been of some help to you.
If you have any further questions please email or alternatively you can call me. I am on leave from tomorrow until the 28th December 2011.
Kind regards
Yvonne Dunn
Assistant Planner
Development Control Enforcement
01702 318097
