Agenda and minutes

The  chair requested for nominations for the vacant post of the OSP Vice Chair.

Councillor Keen proposed that Councillor Currie be the Voice Chair.

Councillor Pat Moore seconded the proposal.

Councillor Rattigan proposed that Councillor Fellows be the Voice Chair.

Councillor Paul Moore seconded the proposal.

When put to the vote Members agreed that Councillor Fellows be the OSP Vice Chair.

Apologies were received from Councillor Lynda Piper.

To receive any declarations of interest. Members are advised to consider the advice contained within the Declaration of Interest advice attached to this Agenda. If a Member declares an interest, they should complete the Declaration of Interest Form

There were no declarations made at the meeting.

To approve the Minutes of the Overview and Scrutiny Panel meeting held on 25 May 2021, copy attached.

Councillor Fellows proposed, Councillor Piper seconded and Members agreed the minutes as a correct record of the meeting held on 25 May 2021.

Report to follow.

Councillor Paul Moore, Chair of the Planning Enforcement Working party introduced the item and gave a feedback report to the Panel. The Panel was asked to either adopt the recommendations in the working party report or adopt an alternative approach to the review.

Members made comments and asked questions as follows:

• The recommendations were a good idea;
• The council could second a planning officer to increase the numbers on the planning enforcement team;
• What was the timeline for finalising the recommendations?
• Were there any opportunities using enforcement activities for making savings or generating income?
• How would the council create incentives for developers to comply with palling policies in the first place without creating the need for retrospective planning applications?
• Could some of the enforcement work be subcontracted?
• How was the monitoring of development conditions that included planting of trees and creating play areas in new development, particularly with new large development coming up?
• Could the council set its own local fees for planning enforcement?
• How long should it take before the Section 106 fund is used?
• If the S106 fund was identified for particular sites, how could councillors monitor the use of this fund?
• Although the department was working with a small enforcement team, they were doing a great job;
• On the Planning Enforcement Portal, there were a number of long-standing planning applications that included the caravan park and a burger bar. These two have generated a number of emails to councillors from residents. How would the department inform the public about progress regarding these applications?

Iain Livingstone, Planning Applications Manager responded as follows:

• The OSP recommendations would add more information to the ongoing review;
• The review would also be looking at additional resources that be made available to the department;
• The option of apprentices would be considered;
• The review would be for a six months period and was expected to be concluded by year end;
• The new Protocol would be recommended to Full Council for adoption;
• Officer could bring back a summary of the review outcome to the Panel meeting later in the year, (23 November 2021);
• The Planning Enforcement team could use the criminal act to raise generate income, but that income would be shared with the government;
• In order to adequately monitor development work, there would be a need for additional resources mainly the legal resources;

• There were no punitive measures for retrospective planning applications;
• Retrospective planning was permitted within the current national planning legislation;
• The department has often approached estate agents to provide change of use advice to assist with minimising the number of retrospective planning applications;
• There was a need to agree on an approach for inter departmental working to enhance the work of planning enforcement;
• Adherence to living conditions and the environment were key priority areas for planning enforcement;
• Compliance with conditions had generated the most complaints;
• The setting of fees was done at the national level;
• Use of S106 was dependent on the agreement in place. However most such agreements had a 5  ...  view the full minutes text for item 323.

Members agreed that an item on the Planning Enforcement Review Results be added to the Panel agenda for the 23rd November meeting.

Members also agreed to invite the Leader of Council to make a cabinet member presentation on the vision for the new cabinet at the Panel meeting on 26 August. Officers were going to check the Leader’s availability for that meeting.

A Member requested that an item on Private Sector Housing be added to the agenda for the Panel to review the impact of covid on residents in private sector rented accommodation.

Another Member requested for a presentation by the Cabinet Member for Environmental Services and Special Projects on Waste and Recycling – A Review of Waste Management.

Nick Hughes, Committee Services Manager reminded the Panel that there were review topics that the Panel agreed to consider in priority order. These were attached as Annex 2 to the work programme report.

Thereafter the Chair said that there was a need to come up with terms of reference for the Waste Management Review and share with Members before assigning Panel members to conduct an in-depth review.

Members noted the report.

Members noted the report.