Issue - meetings

Consideration of the recommendations of the Housing and Planning Scrutiny Select Committee in respect of proposed changes to the Planning Enforcement Plan and associated activities and options for a pro-active approach.

Consideration was given to the recommendations of the Housing and Planning Scrutiny Select Committee in respect of a number of proposed changes to the Planning Enforcement Plan and options for a pro-active approach. 

Due regard was given to the views of the Scrutiny Select Committee, the financial and value for money considerations, the assessment of risk and the legal implications. 

In recognition that having an effective Planning Enforcement Plan in place ensured that there was a framework of prioritisation and decision making that reduced the risk of legal challenge, Cllr Boughton proposed, Cllr Keers seconded and Cabinet

RESOLVED:That

(1)      the proposed changes to the Planning Enforcement Plan and the associated activity and timescales, set out in section 5 of the report, be agreed; and

(2)      the pro-active approach, proposed letter templates and direct action against s215 notices being issued and resourcing options, set out in section 7 of the report, be agreed.

(Decision Notice D260043CAB)

Consideration was given to the recommendations of the Housing and Planning Scrutiny Select Committee in respect of a number of proposed changes to the Planning Enforcement Plan and options for a pro-active approach. 

Due regard was given to the views of the Scrutiny Select Committee, the financial and value for money considerations, the assessment of risk and the legal implications. 

In recognition that having an effective Planning Enforcement Plan in place ensured that there was a framework of prioritisation and decision making that reduced the risk of legal challenge, Cllr Boughton proposed, Cllr Keers seconded and Cabinet

RESOLVED:That

(1)        the proposed changes to the Planning Enforcement Plan and the associated activity and timescales, set out in section 5 of the report, be agreed; and

(2)        the pro-active approach, proposed letter templates and direct action against s215 notices being issued and resourcing options, set out in section 7 of the report, be agreed.

The report presents proposed changes to the Planning Enforcement Plan and associated activities and outlines options for a pro-active approach for consideration.

A number of proposed changes to the Planning Enforcement Plan (attached at Annex 1)  and associated activities were presented for consideration.  In addition, options for a pro-active approach were outlined.

Members were advised that the Planning Enforcement Plan (PEP) would be updated to reflect the current National Planning Policy Framework.  This would ensure it was up to date, correct and that Members and the public were clear on the changes to national policy and submission requirements for retrospective applications. 

In addition, to streamline the submission of a complaint of a breach of planning control, it was proposed that a link be inserted into the PEP directing to the General Permitted Development Order 2015 (technical guidance). This would ensure that stakeholders understood the planning process and what was considered to be a breach of planning control.

Following stakeholder feedback, consideration had been given to a more pro-active approach to enforcement within legislative and capacity constraints.   The proposed approach included the issuing of letters outlining the breach and offences requiring immediate cessation without the invitation of a retrospective planning application.   New letters had been drafted (attached at Annexes 2-5) to ensure clear messaging was given to contraveners as to  whether enforcement action was initiated,  a retrospective planning was  invited,  no further action was required.

Whilst Members welcomed the proposed improvements to planning enforcement, concern was expressed about the timeliness of enforcement, communication with complainants and the lack of regular updates. In response, ongoing efforts to improve responsiveness and transparency were outlined.

Finally, it was confirmed that third-party evidence, such as photographs, was accepted for enforcement cases.  However, it was clarified that for legal proceedings, the Borough Council must gather its own evidence to avoid relying on untrained individuals in court.

In recognition that having an effective Planning Enforcement Plan in place ensured that there was a framework of prioritisation and decision making that reduced the risk of legal challenge, Cllr King proposed, Cllr Palmer seconded and it was

*RECOMMENDED:  That

(1)         the proposed changes to the Planning Enforcement Plan and the associated activity and timescales, set out in section 5 of the report, be agreed; and

(2)         the pro-active approach, proposed letter templates and direct action against s215 notices being issued and resourcing options, set out in section 7 of the report, be agreed.

*Recommended to Cabinet