The Planning Control Manager/Planning Enforcement Team Leader will give a presentation to the Panel on Enforcement.
All Councillors have been invited to the meeting for this item.
Minutes:
The Chairman, Councillor Mrs Mellish, welcomed Councillor Blunt to the meeting as the new Portfolio Holder for Development.
The Planning Control Manager provided an overview of Planning Enforcement. He explained that the department investigated potential breaches of planning control and took the required action. The Planning Control Manager provided information on the main categories of potential breaches of planning control, which included material changes of use of land, operational development and breach of planning conditions.
The Panel was provided with information on the procedure following receipt of a complaint. The complaint would be registered and previous planning history would be researched. A site inspection would then take place within 5 days or within 24 hours if an irreplaceable asset was at risk, such as a Listed Building. Following the inspection investigations would take place and if required the Council could make a formal request for information by serving a Planning Contravention Notice or a requisition for information (s330) notice.
If the breach was considered to be harmful or contrary to the current policy and could not be modified, the Council could consider formal enforcement action and serve the relevant notice. If the land owner or occupier failed to comply with the formal notice the Council could take further action such as prosecution or direct action in default of the notice, which could include entering the land to rectify issues.
The Enforcement Team Leader provided the Panel with details of the Enforcement Team and the areas they covered. He provided information on the case load as at 1 September 2015 and explained that there were currently 325 live cases. 482 cases had been received and 421 cases closed since 1 January 2015. Those present were provided with details of some of the enforcement cases dealt with by the Council.
The Chairman thanked the Planning Control Manager and Enforcement Team Leader for their presentation and invited questions and comments from the Panels, as summarised below.
In response to a question from Councillor Crofts, the Enforcement Team Leader explained that a land charge would be placed on the land so that the Council could be reimbursed if any costs were associated with works where a notice had been defaulted on.
In response to a further question from Councillor Crofts, the Enforcement Team Leader confirmed that high hedge notices did not apply to fences. The Enforcement Team did deal with high hedges and a formula was used to determine if a high hedge was having a detrimental impact, which took into account the orientation of the sun and proximity to neighbours.
Councillor Kunes asked if a section 215 notice could be placed on Agricultural Land. The Enforcement Team Leader explained that a section 215 notice could be served if the condition of land was causing an adverse effect on the amenity of an area. It could be placed on any type of land, however it could not be served if the land was being used lawfully.
In response to a question from Councillor Mrs Bambridge, the Enforcement Team Leader provided detail of the process involved in dealing with high hedges. He explained that the complainant would firstly be advised to make a request to the land owner and try and negotiate informally. If attempts failed the Council could serve a notice on the land owner.
Councillor Moriarty addressed the Panel under Standing Order 34. He referred to retrospective applications. He commented that it had been stated at the Planning Committee that Government Guidance allowed historical breaches to be taken into account as a material consideration when determining planning applications. The Planning Control Manager explained that this was a new piece of legislation and it would be up to the Planning Committee to determine how much weight they gave to this when determining planning applications.
Councillor Moriarty referred to the Enforcement Team’s case load and asked if resources available were having an impact on the amount of cases closed. The Enforcement Team Leader informed those present that a new member of staff was starting in November and he explained that the cases closed did include historical cases. The Planning Control Manager felt that the team were able to manage the cases received, however if there was a huge influx of new cases they could review their processes.
Councillor Baron Chenery of Horsbrugh referred to a Compulsory Purchase Order in East Rudham. The Planning Control Manager explained that this was the first Compulsory Purchase Order they had progressed and was a learning experience. He explained that the Compulsory Purchase Order process was complex and could be challenged. The Secretary of State had to be notified and views sought from the relevant organisations such as English Heritage.
In response to a question from Councillor Bubb, the Planning Control Manager confirmed that the relevant Ward Member was made aware of any enforcement issues as appropriate.
Councillor Mrs Squire referred to Section 215 notices and asked if they went to prosecution could the Council recover costs and what happened if the land owner did not pay. The Enforcement Team Leader explained that court costs would be recovered by the courts. If the land owner defaulted on the notice and the Council had to do the works, it would be a cost to the Council and then placed as a land charge with the Land Registry. The Council could then enforce the sale so that they could recover costs if required.
In response to a question from the Chairman, the Planning Control Manager confirmed that the Council could prosecute if unauthorised works were carried out to a protected tree. The Council would have to take a view on the seriousness of the issue and replanting could be one of the options to remediate.
Councillor Mrs Bambridge referred to a property within her ward that was in a bad state of repair and asked when Compulsory Purchase Order powers could be invoked. The Planning Control Manager agreed to discuss the issue with Councillor Mrs Bambridge outside of the meeting. He reminded those present that the Council had a Derelict Land and Buildings Group.
RESOLVED: The overview was noted.