Subject to providing two working days’ notice, a Member of the Committee may ask the Chairman of the Committee a question on any matter in relation to which the Council has powers or duties which affect the Tendring District and which falls within the terms of reference of the Committee.

In the absence of Councillor Everett, who had submitted a Question on Notice Pursuant to Council Procedure Rule 38, the Democratic Services Officer (Bethany Jones) asked the Chairman (Councillor Fowler) if she would like to defer the question for a future meeting or if she would like the Democratic Services Officer to read the question out instead.

The Chairman agreed to allow the Democratic Services Officer to read the question out in the absence of Councillor Everett which question was as follows:-

“During the debate of this Committee on 8th July 2025, regarding the enforcement policy, questions arose as to whether the policy was robust enough relating to maintaining land or buildings adversely affecting the amenity of an area – the particular case cited was 15 Second Avenue and 5 Esplanade in Frinton, but this is an issue that affects Councillors across the whole area of Tendring (including numerous cases in Clacton-on-Sea, Dovercourt, Manningtree, Elmstead, Holland-on-Sea, St Osyth, and Walton-on-the-Naze).

Would the Chairman consider whether it would be appropriate for this Committee to review the policy, particularly in relation to enforcing section 215 Untidy Site Notice / Maintenance of Land issues, - with a view to strengthening the enforcement response to such sites blighting areas across our District?”

The Chairman responded, based on information provided to her, as follows:-

“The Council’s  Planning Service Enforcement Policy (“the policy”), adopted on 8th July 2025, provides a robust framework for addressing untidy land and buildings adversely affecting amenity in the district of Tendring It includes the use of the power under Section 215 of the Town and Country Planning Act 1990 (as amended) through the service of a notice to require an owner/occupier to maintain land or buildings if it’s condition causes harm and adversely affects the amenity of an area (“Section 215 Notice”).

Local Planning Authorities have discretion over whether or not to take enforcement action, and they need to consider whether action is lawful, appropriate and proportionate. The policy explains the power to serve a Section 215 Notice and sets out clear criteria for when and how the Council will exercise this discretionary power.  The policy prioritises cases based on harm, and in addition to the service of a Section 215 Notice explains that a breach of the notice may result in prosecution and/or direct action where necessary.

As with all policies, it is subject to regular review as that is appropriate and good governance.  This particular policy already sets out that it shall be reviewed every four years, or sooner, to remain compliant with legislation, national and local planning policies and to reflect good practice. Since its adoption on 8^th July 2025, there has been no significant change in the law, national and local planning policies or good practice guidance requiring a further review or update at this time.

There is no evidence that the extent of sites requiring the service of Section 215 Notices have increased or decreased as a result of the current policy given the short time it has been in place.  There is no evidence that the policy has failed to be applied appropriately to deal with specific untidy land sites. There is no evidence of anything missing from the policy that it requires to be sufficiently robust. 

It is perhaps a frustration that the resource to drive the policy is not sufficient as opposed to the policy being robust. In practical terms, strengthening the enforcement response may involve reviewing current resourcing levels, ensuring officers have appropriate training on updated legal requirements, and considering the introduction of new processes to improve the efficiency and transparency of investigations subject to data protection requirements. Additionally, it could mean closer monitoring of compliance rates and public reporting on outcomes to provide reassurance that untidy land sites are being addressed promptly and effectively. Work on some of this point has already begun given the adoption of the policy.

In summary, it is entirely appropriate for this Committee to review the policy, as the Planning Committee is designated as the reporting body for both planning applications and enforcement policy matters.

If the Committee’s primary concern is to strengthen the enforcement response to sites blighting areas across the district, it is important to clarify if “strengthening” relates to the written policy or is more about operational factors and the exercise of the Council’s discretion when determining whether or not to issue a Section 215 Notice. Operational resource enhancements can support the effective application of the existing policy framework.

While the policy is fit for purpose and subject to regular review, the Committee is within its remit to review the policy as a whole or with a specific focus on Section 215 Notices, should it wish to do so. Any review should be evidence-led, and consideration should be given to whether the desired strengthening relates to policy wording or to the practicalities of enforcement delivery.”