Issue - meetings

Report DRR13/085

In accordance with review priorities identified in the Outline Planning Improvement Plan endorsed in January 2013, this report focussed on enforcement of planning control. 

At a DCC meeting held in June 2012, Members resolved that a Local Enforcement Policy be prepared and adopted in accordance with guidance in the National Planning Policy Framework to incorporate changes introduced by the Localism Act 2011.

Members were requested to adopt the policy as a framework for reinforcing the Council’s planning enforcement powers.

The Chairman was disappointed to note that the report did not tackle problems associated with enforcement action and did not include proposals for improvements to alleviate the pressure placed upon Councillors to answer residents' questions with regard to progress of enforcement action.  Although informative, the report did not address existing service issues.

Councillor Michael expected to see a list of the current number of cases pending in the Borough as a whole and enquired what action would be taken to deal with outstanding cases.  Councillor Michael also asked that 'direct action' be included under the list of powers available on page 205 of the report. 

Members agreed that a strong, adequately staffed Enforcement Team should be in place at all times.

Councillor Jackson suggested (and the Chairman agreed), that a Member Working Party be formulated to discuss issues and cases and to identify and examine any barriers or constraints facing officers during the enforcement process.  The Working Group should comprise 3 or 4 Members together with the Chief Planner and the Development Control Manager.

In outlining a specific case where legal loopholes had been used to escape enforcement action, Councillor Mellor urged the Council for speedier action to be taken when required.

Councillor Fawthrop suggested it may be beneficial to study how other local authorities deal with enforcement issues.  It appeared that the Council was slow to react and often left situations to get out of control before any action was taken.

Councillor Papworth commented that the usual recourse to prosecution could be long and tedious.  He suspected problems originated from enforcement policies within the Department and suggested a review of the enforcement process be carried out to ascertain how quickly the Council moved to take direct action.

RESOLVED that:-

1.  a Working Party be formulated to discuss issues and cases and to identify and examine any barriers or constraints facing officers during the enforcement process.  The Working Group to comprise 3 or 4 Members of DCC together with the Chief Planner and the Development Control Manager;

2.  officers establish a protocol for incorporating a response time to Members' queries; and

3.  a study of other local authorities be undertaken to identify how matters of enforcement were dealt with.