The deadline for applications has now passed. Applications for the Planning Enforcement Fund are not being accepted from 11 January 2016.
Ashfords LLP are offering a joint fixed fee service which enables Local Planning Authorities (LPAs) to take advantage of a new £1m Government fund for securing injunctions in planning enforcement matters.
Ashfords in conjunction with 39 Essex Chambers are offering a joint service in which we will cover all legal work for a combined fixed fee, which includes:
Where is the funding coming from?
A total of £1m has been made available by the Department for Communities and Local Government for LPAs in England. LPAs can apply for up to £10,000 (or 50% of the estimated legal costs, whichever is the lesser) towards the cost of securing a Court Injunction in the High Court or County Court.
As the Government will fund 50% of local authority legal costs for cases up to a maximum of £10,000, authorities will only be responsible for the other 50% of the up to a maximum of £20,000. We would confirm the proposed total fee with you prior to undertaking any work.
What is available?
1. There is a limit of one application per site.
2. The maximum amount of grant that can be applied for is £10,000 (or 50% of your estimated legal costs, whichever is the lesser) towards the cost of securing a Court Injunction in the High Court or County Court. A costs estimate should set out details of anticipated legal costs likely to be incurred in preparation of issuing legal proceedings and attending Court. Non-legal specialist officer time must not be included. The local planning authority is responsible for any legal costs incurred in excess of £10,000 or in excess of any lesser sum applied for and granted.
3. Funding is not available:
Eligibility Criteria
The fund is solely for the use by LPAs, in England, towards the cost of securing a Court injunction (High or County Court), under Section 187B of the Town and Country Planning Act 1990, against actual or apprehended breaches of planning control to be restrained. Funding is only available where other enforcement options have been, or would be, ineffective, or where there have been persistent breaches of planning control over a long period.
In order to be considered for an award of a grant, an application for funding needs to address the following criteria:-
To qualify for consideration, an LPA is required to confirm it has adopted the enforcement best practice recommended in paragraph 207 of the National Planning Policy Framework and published its plan to manage enforcement of breaches proactively. The LPA’s enforcement plan must have been published at least three months prior to applying for a grant and a LPA is required to confirm adherence to the recommendations of the National Planning Policy Framework of how the authority:
Applications for funding will be assessed by the organisation running the scheme in January, April, July and October of each year. The last date for applying for grant is Monday, 11th January 2016.
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