Effective enforcement control : a proactive approach

Abstract

There are instances where an adverse situation, being either of a planning, social or financial nature, is addressed by the implementation of counter reactive measures. These measures, which in some cases may come late in the day, are in tum met with a negative response from the other side, often consuming considerable resources in the process, if not escalating into a public controversial issue. Moreover, these reactions, being either legislative or procedural, give the impression of being 'robust' in their initiation, but often end up less effective and more cost expensive. A case in point is the problem of illegal development, which is high on the national agenda. Almost in every public activity or newspaper article about the 'planning' situation in Malta, the attention is focused on the issue of effective development control and the consequence this is leaving on the overall planning context in our Islands (Press Cuttings, Appendix 3, pages 88 et seq.). Although the intention of this Paper is academic, the practical side of development control is also taken into consideration. An emphasis is made on the importance of monitoring, and how this proactive tool can be combined with other procedures to effectively regulate development. In an Advice Note on the Quality of Service provided by Planning Authorities: "The enforcement function has traditionally been carried out in a reactive manner by responding to complaints .. . . Some Local Planning Authorities are making more resources available for enforcement and this will enable a more proactive approach" (RTPI, 1996). The intention of this paper is a positive approach to development control in the quest to minimize the traditional reactive manner in Enforcement, so evident in the local scene.