Agenda item

The purpose of this report is to provide the Committee with the interim Report from its Council’s Enforcement Arrangements Task and Finish Group. This interim report is being submitted as the Task and Finish Group has concluded the element of its enquiry concerning Planning Enforcement. The interim report is set out in the Appendix to this report. The intention of the whole enquiry was recorded as:

“To identify the extent to which here are further steps that can be taken to further achieve a fair and equitable use of enforcement powers, taking account of relevant information and that the resources made available for enforcement are used to best effect.”

The Committee heard from the Director of Planning as he outlined a report that provided the Committee with the interim Report from its Council Enforcement Arrangements Task and Finish Group.  This interim report had been submitted as the Task and Finish Group had concluded the element of its enquiry concerning Planning Enforcement.  The interim report was set out in the Appendix to the Officer’s report.  The intention of the whole enquiry was recorded as:

“To identify the extent to which here are further steps that can be taken to further achieve a fair and equitable use of enforcement powers, taking account of relevant information and that the resources made available for enforcement are used to best effect.”

Members heard that the Council, on 11 July 2023, had approved an enquiry through this Committee into the matters set out below.  The Committee had subsequently approved that this enquiry would be undertaken through a Task and Finish Group and following a published decision the Task and Finish Group  had been formed and the enquiry was underway.

“Council Enforcement arrangements, including:

(a)   Planning Enforcement (and other areas) where decisions are taken ‘in the public interest’ whether to take particular enforcement action. To look at written statements to support the basis of such judgements and the matters demonstrably weighed up in reaching such decisions,

(b)   The existing and possible opportunities for information to be provided by Ward Councillors in respect of matters which may attract enforcement action and decisions to not take enforcement (given the unique role of Councillors in representing their Ward).

(c)   The extent to which enforcement powers are looked at in a silo or corporate way to ensure that (within the purposes of particular enforcement powers) the Council considers the ability to address non-compliances robustly. 

(d)   The experience of fly tipping on public land and the actions to deter such fly tipping

(e)   The use of mobile CCTV cameras overly and covertly to identify offences and, potentially, offenders.”

The enquiry had addressed, to this point, elements (a), (b) and (c) above in relation to Planning Enforcement.  The interim report referenced the enquiry to this point.  Further phases of the enquiry would concentrate on points (d) and (e) from the above scope and that it  might return to points (b) and (c) as it considered other enforcement matters within the scope of the enquiry.

After a brief discussion it was moved by Councillor P Honeywood, seconded by Councillor Griffiths and unanimously RESOLVED that the following recommendations be submitted to the Cabinet to approve on the basis that the relevant recipient of the approved recommendations will have the recommendation concerned referenced to them namely that:-

(1)  the pilot monthly update list on planning enforcement cases (showing Ward, location, alleged planning breach and reference number) be rolled out to all Councillors from the start of January 2024 and that, in the list, those cases relating to the same premises be cross referenced or be shown sequentially and allegations of breaches around the creation of Houses in Multiple Occupation be clearly identified.

(2)  moves be made to utilise the functionality built into the Planning computer software system, Uniform/Public Access, in order to provide up to date details on planning enforcement cases through the website.  This use should be timed to commence from 1 April 2024 for new cases, that existing live cases be added as updates are made to those cases during 2024/25 and that in March 2025 a report be provided to Councillors of those cases not available at that point on the website through the stated software packages.

(3)  the following be instigated in relation to arrangements across the Council to support joined up and effective enforcement:

a.    The pilot arrangements for action logs being created for meetings of the Operational Enforcement Group (that are associated with matters discussed at meetings of that Group (and are then monitored away from meetings of the Operational Enforcement Group)) be implemented fully going forward.  These action logs would also include relevant responses concerning information held by other service areas of the Council about premises that are referenced to the Group by any one of the service areas who are represented on the Group (including ‘NIL’ responses if appropriate). 

b.    A mechanism of alerting service areas who are represented on the Operational Enforcement Group of live enforcement cases in each of the other service areas on that Group, an ongoing basis, be developed and implemented so as to improve the knowledge flow in the Council of allegations and provide for appropriate enforcement and timely interventions to be made to secure the best interests of the Council, its residents and businesses with a view to raising public confidence in the Council’s competence to secure those best interests and deliver ‘smarter’ working across service areas. 

c.     A protocol be developed setting out the corporate expectations on individual service areas to identify the types of information that service areas hold, and examples of where that information could reasonably be expected to be utilised to support enforcement action or service delivery in that service area or another service area.  By way of example, Council Tax Collection could usefully benefit from information around properties being empty for a year as the Council Tax payer may then be subjected to an empty property premium being applied to the Council Tax bill for the property.  Another example would be around information that the Licensing Team were to revoke a Licence held by a Business and the potential need for swift action to recover unpaid Business Rates.

(4)  a mechanism for reviewing activity in respect of planning enforcement cases which have been live for over a year be developed and maintained with a view to avoiding the status quo continuing and resulting in an ever reducing harm assessment in respect of those cases to the point that the infringement/non-compliance becomes permitted by default/legal action is not an option as it is then out of time.  The intention of the review is to ensure that issues are not missed and appropriate action is taken by the Council.

(5)  as part of good and reasoned decision making, a policy statement be developed or reviewed on the use of ‘public interest’ within Planning Enforcement as the reason for either taking or not taking particular enforcement action.  The policy statement is to set out the considerations officers must take account of.    In each case where ‘public interest’ is to be utilised to support a planning enforcement decision, an assessment of the competing elements of the public interest in taking or not taking that particular enforcement action are to be set out in writing with an indication as to why taking or not taking action outweighs the other public interest and that assessment is to be endorsed by a more senior officer.