Issue - meetings

This report seeks approval for the adoption of a Planning Enforcement Section 215 Protocol which is intended to provide a clear and transparent framework in respect of how the Service will decide whether to take action to serve formal notices, in particular how sites will be assessed to establish whether such action is appropriate and proportionate and whether any other powers held by the Council should be called upon as an alternative.  This will ensure that Council financial and personnel resources are properly focused given the high number of complaints the enforcement team receive on such matters.

(Report of Director of Planning, Housing and Environmental Health)

The report sought approval for the adoption of a Planning Enforcement Section 215 Protocol intended to provide a clear and transparent framework in respect of how the Service would decide whether to take action to serve formal notices, in particular how sites would be assessed to establish whether such action was appropriate and proportionate and whether any other powers held by the Council should be called upon as an alternative.  It was noted that, given the high number of complaints the enforcement team receive on such matters, the Protocol would ensure that Council financial and personnel resources were properly focused.

The request to amend paragraph 4.2 of the Protocol to emphasise liaison with Environmental Health on measures to address overgrown gardens and pest control, where appropriate, was noted. 

Following consideration by the Planning and Transportation Advisory Board, the Cabinet Member for Strategic Planning and Infrastructure resolved that:

The Planning Enforcement Section 215 Protocol, as set out at Annex 1 to the report, be approved with effect from 1 September 2020.

(Decision Notice D200055MEM)

The report sought approval for the adoption of a Planning Enforcement Section 215 Protocol intended to provide a clear and transparent framework in respect of how the Service would decide whether to take action to serve formal notices, in particular how sites would be assessed to establish whether such action was appropriate and proportionate and whether any other powers held by the Council should be called upon as an alternative.  It was noted that, given the high number of complaints the enforcement team received on such matters, the Protocol would ensure that Council financial and personnel resources were properly focused.

Members welcomed the proposals for a Planning Enforcement Section 215 Protocol as a formal framework supported good governance and transparency in decision making.  It also set out a clear process as to what detailed assessments would be undertaken to establish whether formal action was necessary and proportionate in light of all the prevailing circumstances of a case.

A number of issues were raised including the flexibility to enable objective decisions to be taken using the criteria set out; measures for land owners experiencing repeat fly tipping; addressing long term empty properties and overgrown sites or gardens.   Members were assured that sufficient flexibility remained within the Protocol when read in conjunction with other main Planning Policies.  In addition, it was reiterated that Planning Officers would liaise with Housing; Waste and Environmental Services to discuss suitable or alternative measures for addressing the other issues raised. 

The request to amend paragraph 4.2 of the Protocol to emphasise liaison with Environmental Health on measures to address overgrown gardens and pest control, where appropriate, was noted.  

Finally, it was reported that the Protocol would be regularly reviewed and could be amended if it became necessary to address any of the concerns raised by Members.

RECOMMENDED:  That the Planning Enforcement Section 215 Protocol, as set out at Annex 1 to the report, be approved with effect from 1 September 2020.