Decision details
Enforcement Plan Adoption Report
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decisions:
The report set out responses to the consultation Draft Enforcement Plan, including internal consultations, and provided an update on a Government fund for Legal injunctions. Bidding Local Authorities must have an adopted enforcement plan for three months prior to bidding for financial support for injunctions under planning powers.
A scoring chart for assessing harm and expediency for taking action is recommended for inclusion in the Enforcement Plan with amendments to ensure that Government on-line and Best Practice Guidance is also fully referenced. New procedures are also required for recording enforcement decisions taken pursuant to the Openness of Local Government Bodies Regulations 2014 and published on the web site.
The report recommended that subject to the Committee’s decision on the proposals set out in the report, the Enforcement Plan be recommended to the Council for adoption as amended, with additional recommendations as to delegation, reporting, technology, tree protection and performance reviews and a revised recommendation 2.3
A Member expressed concern that in the absence of a paper weekly list an alternative means of keeping Ward Members informed of the position should be devised
After a full discussion a motion was MOVED by Cllr Baker and SECONDED by Cllr Mynott, subject to change to recommendation 2.3 to approve the recommendations set out in the report.
For: Cllr. Aspinell, Baker, Carter, Chilvers, Cloke, Hossack, Mrs.
Hones, McCheyne, Morrissey, Mynott and Parker (11)
Against: (0)
Abstain: (0)
RESOLVED UNANIMOUSLY
1. That the Planning Enforcement Plan be amended as agreed and
recommended to the Full Council on 24th March for adoption with
effect from 1st April 2015;
2. That the eligibility criteria (Appendix A of the Report) for the
Planning Enforcement fund for authorities which have adopted
an enforcement plan and wish to bid for funding assistance for a
Court injunction be noted;
3. That the Full Council be recommended to delegate to the Head of
Planning and Development, and in his absence to either the Team Leader of Development Management or Planning Policy, all planning enforcement decisions subject to the Enforcement Plan. Decisions to recommend any type of stop notice, injunction or prosecution action shall not be taken under delegated authority except after consultation with the Chair or Vice-Chair of the Planning and Development Control Committee and having regard to such advice as may be practicable and appropriate. A record of all enforcement decisions taken shall be made in accordance with Appendix B;
4. That the use of technology, including the adoption of Middleware, be progressed for pre-applications, local requirements and enforcement complaints;
5. That a review of Enforcement Plan operation be considered annually by the Committee
Report author: Gordon Glenday
Publication date: 11/03/2015
Date of decision: 03/03/2015
Decided at meeting: 03/03/2015 - Planning and Development Control Committee
Accompanying Documents: