Sustainable enforcement - proactive or reactive : perception, theory and practice

Abstract

Enforcement Control tends to be complex in nature and arguably it tends to be unpopular with the public. This comes as no surprise as no one likes being 'forced' to remove something which one would have developed in his own private property and for his real and perceived personal needs. On the other hand, in a society where political and administrative decision making is subject to the rule of law, one would expect the serving of an Enforcement Notice for an alleged illegality to be followed up by the execution of both the Stop and the Enforcement obligations under the Law. Enforcement is intrinsically part of the overall planning process and a crucial link in the overall chain of events that leads to the realization of approved developments. Planning is not straightforward and liable to stir conflicts over attitudes and values which permeate all aspects of the practice of spatial planning. Spatial planning is a complex activity which is difficult to understand and to execute, mainly because of conflicting aspirations regarding the manner in which space should be organized. Nonetheless, Enforcement can play a crucial role in the attainment of a proactive approach to planning control, within the overall scope of reaching the sustainable goals and objectives as embedded in planning laws, development plans and policies.