394 Update Planning Enforcement Review PDF 82 KB
Additional documents:
Minutes:
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.