Agenda item

To consider the information on performance arising from the adoption of the Planning Enforcement Plan and note that this will be included with the Planning Performance Indicators in future.

53.1          The report of the Head of Development Services, circulated at Pages No. 50-73, provided an update on performance arising from the adoption of the Planning Enforcement Plan.  Members were asked to consider the information and to note that this would be included within the planning Key Performance Indicators (KPIs) in future.

53.2          Members were advised that the Planning Enforcement Plan, attached at Appendix 1 to the report, had been adopted by the Executive Committee in July 2018.  The Plan had been introduced following a review of the Planning Enforcement service and had been through various consultation prior to approval.  The Plan set out the Council’s principles and approaches to delivering the service and was intended to be used primarily by the public.  The Head of Development Services advised that, when the Plan was adopted in 2018, the Enforcement team comprised a Senior Planning and Enforcement Officer and two Enforcement Officers; unfortunately, all three of the staff in those roles had now left the authority.  After two or three attempts to recruit, appointments had been made to two junior posts – these Officers were doing very well but were both inexperienced and still learning the trade so they did require support.  She had now tried to recruit to the Senior Planning and Enforcement Officer post unsuccessfully on four occasions.  As an interim solution, arrangements had been made to cover this post for two days per week in order to assist with high priority cases.  The focus for the last six to 12 months had been on implementing the new service with the new Officers and the Planning Enforcement Plan had been a useful tool during that process.  She confirmed that consideration was being given as to how best address the vacant senior role.  She went on to advise that statistics in relation to the service had been recorded on the Uniform system since 1 April 2019 and the first six months’ data to 30 September 2019 was set out at Appendix 2 to the report.

53.3           In response to a query, the Head of Development Services advised that an Enforcement Officer did not necessarily have to be a qualified Planning Officer – neither of the staff in the two junior posts were qualified although both had experience in the industry.  The senior role that had been advertised on several occasions was for a Planning and Enforcement Officer but candidates seemed to be very scarce and those that did exist tended to be based within County authorities which was why it was necessary to rethink the structure of the team; it was likely that the senior role would be a planning post with an element of enforcement but no decisions had been made as yet.  A Member questioned how many live enforcement cases there were and was advised that Appendix 2 to the report stated that 73 breaches had been reported; however, that only related to new breaches between 1 April and 30 September and, as enforcement cases could take a long time to resolve, there were actually around 240 live enforcement cases.  Another Member raised concern that the statistics provided did not give an indication as to whether performance was good or bad and she felt the figures needed to be put into context.  The Head of Development Services explained that it was not always easy to compare due to the varied nature of cases and the different action taken to resolve them.  Until the introduction of the Planning Enforcement Plan in July 2018 there had been no comparisons or timeframes so there had been a definite improvement in that regard.  She confirmed that the majority of cases were Category C - unless action was taken there was a risk of material harm to the environment or undue harm to residential amenity; investigation to commence within 10 days – or Category D – Breaches of planning control causing limited material disturbance to local residents or harm to the environment which do not come within any of the higher categories and where a delay would not prejudice the Council’s ability to resolve the matters; investigation to take place as soon as resources allow with the aim being to commence within 15 days.  It was noted that 72.2% of Category C cases and 76.9% of Category D cases had been commenced within the timescales set out within the Plan.  Category A cases – Development causing, or likely to cause, irreparable harm or damage; investigation to take place as soon as possible or within 24 hours – and Category B cases – Unless prompt action is taken, there is a material risk of further harm being caused which could be reduced or prevented by early intervention; investigation to commence within five working days – were much less common with only three of each of these type of cases reported during the six month period. 

53.4           A Member understood that the Planning Committee was supposed to receive regular reports on enforcement but he did not believe that was happening currently.  He also pointed out that Members had previously been told they would be able to receive reports on enforcement cases within their Wards and he asked when that would happen as it was important for Councillors to be able to keep their constituents informed.  The Head of Development Services apologised that the Planning Committee had not yet received these reports and provided assurance that this would commence from April 2020 to coincide with the new financial year.  She confirmed that complainants were kept informed throughout the process and they would be notified of any changes automatically when the Uniform system was updated.  Members had been given the opportunity to receive updates on enforcement cases, and she believed some had been set-up to receive them, so this could be rolled out further. 

53.5           The Deputy Chief Executive suggested that it would be beneficial to extend the customer satisfaction survey which was being undertaken as part of the Development Services Improvement Plan - discussed under the previous Agenda item - to include enforcement in order for Members to get a feel for public thinking in relation to that aspect of the planning service.  It was

RESOLVED          That performance arising from the adoption of the Planning Enforcement Plan be NOTED and this information be included with the planning Key Performance Indicators in future.