Agenda item

(Director of Governance) to consider the attached report.

The Principal Planning Officer (Heritage, Enforcement & Landscaping), J Godden, introduced a report on the work of the Planning Enforcement Section.

It was noted that:

·                     The Planning Enforcement section was a non-statutory discretionary function of the Council, which had historically been actively supported by Councillors;

·                     Complaints were received from the public, Town and Parish Councils, Councillors and other departments which were responded to within 24 hours of the  complaints, if they involved Listed Buildings, Preserved Trees and new Gypsy & Traveller Sites or within 14 days for all other complaints;

·                     Officers spent a considerable amount of time on and off site investigating, evidence gathering, negotiating and advising with both complainants and complainers’ whilst complying with the law and regulations;

·                     The complaints ranged from the serious and complexed, to trivial and non-planning related with enforcement investigations being completed after a first visit or in more complex cases taking several years; and

·                     All prosecutions and actions had to be legal, proportionate and expedient. The system allowed appeals on planning and enforcement decisions to go as high as the Supreme Court which took time and often appeared to the public and Members  that no action was being taken;

·                     There was encouragement for complaints to keep in touch for regular updates and progress on the cases;

·                     The section was adequately resourced and had an active relationship with other Councils sections and the Essex Police;

·                     Income was generated by the receipt of retrospective planning applications and the pursuit of S106 Planning obligation monies;

·                      The Council had spent £424,000 in 2014/15, which compared to other Essex authorities was greater, although the District had the largest amount of Green Belt in Essex;

·                     The additional resources invested in planning enforcement reflected the seriousness of the planning enforcement function and would be detrimental to the authority and its residents if it was not maintained.

Councillor N Bedford asked whether cases were allocated into timescales. J Godden advised that cases varied because of the right to appeal.

Councillor A Patel asked whether costs could be recovered. J Godden advised that the Government set costs centrally, although costs were awarded in some cases.

Councillor Watson asked whether cases were referred on to the relevant department, if the issue was not an enforcement matter. J Godden advised that the team passed on all relevant information and advised the compliant as well.

The Committee enquired whether a drone would be of any use within this department. J Godden advised that this could save officers time and get a real time picture of the events unfolding on a site that was not visibly accessible. The Committee commented that this could be considered through the Save to Invest scheme.

Councillor A Lion asked whether a data base of cases could be produced with update information. J Godden advised that there was not a central data base and this would probably increase the work load, although Members were advised that details of enforcement issues were placed in the weekly Members Bulletin and could always contact the team for further details.

Councillor S Watson asked about the use of internal Building Control. J Godden advised that an applicant could engage their own Building Control company or the Councils. The Governance and Performance Development Portfolio Holder advised that any future Council projects would use Councils Building Control and that costs had be kept competitive.

RESOLVED:

(1)          The Committee noted the work of the Planning Enforcement Section; and

(2)          That a report be submitted to Management Board for consideration of purchasing a drone to use for enforcement issues from the Save to Invest Scheme.