Issue - meetings

NOTED.

Report HPR2023/029

The Committee considered a report presenting the Enforcement Plan 2023 which had been updated to reflect the current status, including an additional procedural flowchart.  This report would also be considered by the Renewal, Recreation and Housing and the Public Protection and Enforcement PDS Committees at their respective meetings on 15 and 28 June 2023.

In introducing the report, the Head of the Planning and Development Support Team advised that the Enforcement Plan 2023 had been designed to provide clarity on Portfolio responsibility for enforcement with all aspects of investigation sitting within the Renewal, Recreation and Housing Portfolio.  Everything subsequent to an enforcement decision falls under the remit of the Public Protection and Enforcement Portfolio.  The highest priority cases for enforcement were those that had resulted in irreversible changes, such as the destruction of a listed building or tree, and this was reflected in the scale of fines that could be levied which were intended to act as a deterrent.  There had been a recent incident in the Borough in which a number of protected trees had been felled.  An investigation was currently underway and should a person be convicted of having committed an offence in relation to this matter, any fine was likely to be substantial.

A Member queried the three-year timeframe for taking enforcement action in relation to the unlimited felling or destruction of protected trees outlined in the Enforcement Plan 2023.  The Head of the Planning and Development Support Team clarified that this was the timescale for making a report of a breach to the Tree Team.  Another Member asked whether failure to adhere to a Construction Management Plan came under the remit of the Enforcement Team and the Head of the Planning and Development Support Team confirmed that this was the case.  Adherence to a Construction Management Plan was a condition in granting planning permission and should there be any concern that a developer was in breach of this requirement, the Enforcement Team would undertake an investigation which could culminate in a Breach of Conditions Notice or a Failure to Comply with Conditions Notice.

A Member asked for further information on timescales for members of the public reporting enforcement matters.  The Head of the Planning and Development Support Team explained that anyone reporting an enforcement matter to the Planning Investigation Group would immediately receive an auto-receipt to their complaint (if reporting via e-mail) and would receive a letter within five working days providing details of the investigating officer and a reference number.  A site visit must be conducted within ten working days and further timescales were set from that point forward, dependent on the findings of the site visit.  Matters were dealt with in the order in which they were reported although higher priority was given to irreversible changes including issues relating to a listed building or tree or matters raised by an elected Member.

RESOLVED: That the revised Enforcement Plan and flowchart be noted.