Issue - meetings

Bob Porter, Acting Corporate Director of Place introduced the report and made the following points:

• This was an update regarding the review of the planning enforcement protocol since July 2021;
• The enforcement protocol will need to make reference to the Levelling Up and Regeneration Bill;
• The Levelling Up and Regeneration Bill includes proposals to extend the time that enforcement action can be taken for breaches of planning control;
• The report includes a proposal to explore including a monitoring charge in all new section 106 planning agreements, so that the funding could be used to monitor planning conditions compliance;
• The full review will be completed once The Levelling Up and Regeneration Bill is enacted into law;
• New software is being purchased for the Planning Department. This will facilitate the publication of information about on-going enforcement cases on the council’s website;
• The council is also preparing a protocol covering enforcement complaints that have both planning and Environmental Health implications. The new protocol will set out how the two services areas will work together and who will lead in which circumstances.

Members asked questions and made comments as follows:

• Members welcomed closer working between Planning and Environmental Health. This seemed sensible and good for the public;
• It was also a good idea to use S106 funds for monitoring the implementation of 106 Agreements;
• There are significant heritage properties across the district and with only 2 officers to monitor them. Was it not possible to use part of the S106 funds to monitor work around listed buildings;
• There are not enough staff for Planning Enforcement. Other similarly sized councils had more staff resources for this council function. Could the council, not recruit apprentices to add to the staff numbers;
• What was the officer's impression regarding the member enquiry Portal?
• The council had registered successful prosecutions for non compliance with planning conditions. This will give a strong message to individuals to adhere to conditions set out by the Planning Department.

Bob Porter responded to Member comments and questions as follows:

• Having an enforcement officer who specialises in heritage buildings would be helpful, but could not be funded from section 106 agreements. Expenditure from S.106 agreements could only be spent on things that related to the specific development they were linked to;
• The Planning Enforcement team could be more proactive with additional resources; however securing these resources with the council’s current financial position would be a significant challenge.
• A report is being prepared for Cabinet setting out the position in relation to S106 contributions, their intended use, how much had been spent and what on. The report will also include the council’s Infrastructure Funding Statement
• The Member Portal is helpful. More work was needed to work on a number of issues to improve the portal and it is helpful if members can use a new form for each enquiry that they wish to make.

Members noted the report.