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Read our latest statement regarding today's incident in Birstall. 

Retrospective Planning Permission

Requested on
Mon 14th January, 2013
Reference
FOI 2606
Resolution
Information provided

Question

How many applications for retrospective planning permission for work carried out on residential properties have been received in the last 5 years? (Please provide a separate figure for 2012, 2011, 2010, 2009 and 2008)
How many retrospective planning applications for work carried out on residential properties were turned down in the last 5 years? (Please provide a separate figure for 2012, 2011, 2010, 2009 and 2008)
How many cases of illegal building work have been uncovered by the council in the last 5 years? (Please provide a separate figure for 2012, 2011, 2010, 2009 and 2008)
The total number of fines issued to those prosecuted for illegal building work in the last 5 years and the total value of these fines? (Please provide a separate figure for 2012, 2011, 2010, 2009 and 2008)

Answer

1.  How many applications for retrospective planning permission for work carried out on residential properties have been received in the last 5 years? (Please provide a separate figure for 2012, 2011, 2010, 2009 and 2008)

2. How many retrospective planning applications for work carried out on residential properties were turned down in the last 5 years? (Please provide a separate figure for 2012, 2011, 2010, 2009 and 2008)

All though the authority does hold the information requested in questions 1 and 2 in the form of individual planning applications, it is not held in a manner which would allow easy collation of the information requested.  The time it would take to go through each planning application received for each year the requests covers (approximately 1500 applications per year) to locate all applications for retrospective planning permission would exceed the appropriate limit for dealing with requests as set out in section 12 of the Act and the Appropriate Limit and Fees Regulations. 

The Council would normally wish to offer suggestions as to how some of the information could be provided or how a differently worded request could result in information being provided within the terms of the Act and the Regulations.  However due to the specificity of the information requested in this case in relation to the way in which the Council holds information this does not appear possible in this case.

3. How many cases of illegal building work have been uncovered by the council in the last 5 years? (Please provide a separate figure for 2012, 2011, 2010, 2009 and 2008)

4. The total number of fines issued to those prosecuted for illegal building work in the last 5 years and the total value of these fines? (Please provide a separate figure for 2012, 2011, 2010, 2009 and 2008)

We are unclear on what you are asking for in both questions 3 and 4.
Carrying out building work without planning permission is not illegal but unauthorised, however not complying with an enforcement notice served by the Council would be a prosecutionable offence. 
Planning enforcement matters cover more than just building works, so should you just require information about enforcement matters which only refer to building works, this would require looking through over 800 investigations carried out each year on average, to find this information.  This would unfortunately also take the request over the appropriate limit for dealing with requests set out in section 12 of the Act and the Appropriate Limit and Fees Regulations.
 
Please could you clarify what information you are requesting in questions 3 and 4, so that we can look at what is held and whether we will be able to provide you with the information within the limits of the Act?

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