Decision details
Enforcement Plan Adoption Report
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decisions:
The report before Members set out responses to the consultation Draft Enforcement Plan,
including internal consultations. The Government had a fund for assistance with the costs of Legal injunctions under planning legislation whereby Local Authorities bidding for financial assistance must have an adopted enforcement plan for three months prior to bidding.
The Planning Enforcement Plan amended as agreed by the Planning and Development Control Committee was provided as a supplement to the agenda and this now included a scoring chart for assessing harm and expediency for taking Enforcement Action. New procedures were required for recording decisions taken under delegated powers under the Openness of Local Government Bodies Regulations when the effect of the decision affected the rights of an individual. The effect of such decisions had to be published and maintained on the website for six years subject to exceptions as to confidential or exempt information. Better use should be made of technology support as the weekly list was replaced.
Cllr Baker MOVED and Cllr Aspinell SECONDED the recommendations within the report . Cllr Mrs McKinlay proposed the addition of ‘and Ward Member’ to recommendation 2.2 and Cllrs Baker and Aspinell accepted this amendment.
A vote was taken on a show of hands and it was RESOLVED UNANIMOUSLY that:
1. The Planning Enforcement Plan as amended by the Planning and Development Control Committee be adopted with effect from 1st April 2015
2. All planning enforcement decisions be delegated to the Head of Planning and Development and in his absence the Team Leader of Development Management or and Planning Policy subject to the Enforcement Plan. Decisions to approve recommendations of 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 Ward Member and having regard to such advice as may be practicable and appropriate. A record of all enforcement decisions shall be made in accordance with statutory requirements
3. That a review of Enforcement Plan operation be considered annually by the Planning and Development Control Committee
Reason for Decision
To ensure the Council is eligible to access the Government’s fund for assistance with the costs of Legal injunctions under planning legislation whereby Local Authorities bidding for financial assistance must have an adopted enforcement plan for three months prior to bidding.
Report author: Gordon Glenday
Publication date: 27/03/2015
Date of decision: 24/03/2015
Decided at meeting: 24/03/2015 - Ordinary Council
Accompanying Documents: