Agenda item

The Council’s Planning Enforcement Plan outlines and explains how the enforcement service is delivered. It includes such matters as the definition of development, the principles of the enforcement service, how to report a breach, processing and prioritisation of cases, how it deals with breaches and the service standards it intends to meet.

The current Planning Enforcement Plan was approved by LPPC November 2021 and published in 2022. It includes a statement that it will be reviewed regularly, but review has been delayed to take into account additional enforcement measures which have been adopted in the Levelling Up and Regeneration Act 2023, an external audit of the Council’s enforcement service which was undertaken in November 2023 and identified various recommendations for improvements, and the creation of a permanent Planning Enforcement Officer post to deal with planning enforcement following removal of the post in 2021.

The draft Planning Enforcement Plan is attached at Appendix 1. It is intended as a wholesale review of the current Enforcement Plan, including to incorporate legislative changes and audit recommendations and simplify the flow of the plan and better articulate how the council will deliver the service.

Following consideration, the Committee unanimously resolved to:

(1)       Adopt the Planning Enforcement Plan at Appendix 1 to the report subject to the following amendments:

·                An amendment to the Examples of Breach provided for Level 1 priorities set out in Table 1 on page 175 of the agenda pack, to incorporate implications for physical and mental health within bullet point three.

·                An amendment to Table 1 on page 175 of the agenda pack to add the wording “Development in the Green Belt except for minor residential development” to the Examples of Breach for Level 1 priorities and remove the wording “Development in the Green Belt” from the examples of breach for Level 2 priorities.

The Committee received a draft Planning Enforcement Plan for adoption. The Plan provided a wholesale review of the current Enforcement Plan, including incorporation of legislative changes and audit recommendations.

The following matters were considered:

a)             Paragraph 2.3 of the report. The Committee noted that the wording in paragraph 2.3 of the report provided a quotation from the National Planning Policy Framework, which was not within the Committee’s remit to amend. 

b)             Appendix 1, paragraph 16 – Member training on Planning enforcement. Members of the Committee requested that a training/briefing session be provided to councillors with regard to planning enforcement.

c)             Appendix 1, Table 1: Prioritisation Levels – Development causing ongoing and immediate harm to the public and/or environment. The Committee requested that the Examples of Breach for Level 1 priorities be amended to incorporate implications for physical and mental health within bullet point three. The wording of this amendment would be agreed by the Director of Environment, Housing and Regeneration in consultation with the Chair of the Committee following the meeting.

d)             Audit findings – February 2024. In response to a question from a member, the Planning Development and Enforcement Manager informed the Committee that there were 2 outstanding actions from an Internal Audit review of Planning Enforcement. These related to a system to communicate updates with residents and updates to internal process notes. In response to a further question the Planning Development and Enforcement Manager also informed the Committee that the Council was not statutorily required to meet the timescales set out in the Planning Enforcement Plan, but that every effort to do so was made. The Director of Environment, Housing and Regeneration informed the Committee that Internal Audit would undertake another full audit of Planning Enforcement in the last quarter of this year.

e)             Officer training. In response to a question from a member, the Planning Development and Enforcement Manager informed the Committee that the Council’s Enforcement Officer was fully qualified to undertake the position. A register of training received by officers was maintained and requests to view this would be considered through the Freedom of Information process.

f)              Appendix 1, Table 1: Prioritisation Levels – Development in the Green Belt (page 175 of the agenda). Councillor Julie Morris proposed and Councillor Kieran Persand seconded the following amendment to Table 1: Prioritisation Levels of Appendix 1 on page 175 of the agenda:

To add the wording “Development in the Green Belt” to the Examples of Breach for Level 1 priorities and remove the wording “Development in the Green Belt” from the Examples of Breach for Level 2 priorities.

Following consideration this amendment was unanimously agreed by the Committee.

Upon the agreement of this amendment, Councillor Clive Woodbridge proposed and Councillor Rob Geleit seconded the following amendment to Table 1: Prioritisation Levels of Appendix 1 on page 175 of the agenda:

To add the wording “except for minor residential development” following the wording “Development in the Green Belt” to read: “Development in the Green Belt except for minor residential development”.

Following consideration this amendment was unanimously agreed by the Committee.

g)             Access to updates on enforcement action. Members of the Committee requested officers to consider whether a more streamlined access to updates on enforcement action could be provided to councillors, rather than requesting individual updates directly from the Planning Enforcement Officer. It was noted that Officers would investigate whether a regular excel update could be provided to Councillors.

Following consideration, the Committee unanimously resolved to:

(1)       Adopt the Planning Enforcement Plan at Appendix 1 to the report subject to the following amendments:

·                An amendment to the Examples of Breach provided for Level 1 priorities set out in Table 1 on page 175 of the agenda pack, to incorporate implications for physical and mental health within bullet point three.

·                An amendment to Table 1 on page 175 of the agenda pack to add the wording “Development in the Green Belt except for minor residential development” to the Examples of Breach for Level 1 priorities and remove the wording “Development in the Green Belt” from the Examples of Breach for Level 2 priorities.