Agenda item

To consider the Planning Enforcement Panel’s final report (20 minutes).

Councillor Burley, Lead Member for the Enforcement Panel thanked the members of the panel for a comprehensive and collaborative review of how Test Valley Borough Council delivers its planning enforcement service. Councillor Burley expressed his thanks to officers for their guidance and support during the review.

The panel had met on six occasions to look at the matters included within the scope including the legislative and policy framework, understanding the application of local interest/ expediency tests, performance and resourcing. During its review, the panel considered a substantial amount of information relating to how the Council provides services locally and how this compared to the wider context.

The review also considered feedback provided by parish and town councils and agents which was used to inform the panel’s recommendations.

Councillor Burley commended the recommendations to the Committee and emphasised in particular the importance of the recommendations in relation to training and development for councillors as well as the recommendations relating to communicating with all parties involved in an investigation as well as local councillors.

The Chairman invited Mr Flippance, who had registered to speak for this item, to address the Committee for up to three minutes in accordance with the Council’s Public Participation Scheme.

Mr Flippance addressed the Committee outlining his experience in the industry as an architect and expressed his views about what he considered to be a lack of transparency and consistency from the Council in its response to enforcements cases.

Councillor Burley thanked Mr Flippance for sharing his views with the Committee and noted that he had responded to the panel’s questionnaire on enforcement and that his feedback had been taken into account when the recommendations had been developed.

The Head of Planning and Building thanked members for their time and work considering the planning enforcement service which had been a constructive and helpful exercise. It was noted that planning enforcement was a challenging service to provide and rarely were two case the same. He welcomed the panel’s feedback and the recommendations included in the report.

Members of the committee made a number of comments on the work of the Panel and the final report and reiterated the importance of members attending training to raise awareness and understanding of planning processes as well as proposed improvements to the communications associated with planning enforcement cases.

Resolved:

That Overview and Scrutiny Committee note and endorse the findings of the Enforcement Panel and including the actions recommended as set out below:

·  A new panel is appointed in the new corporate year to oversee a review of the Council’s Local Enforcement Plan 2019 with a view to new Plan being put in place by the end of 2023.

·  The Head of Planning & Building arranges a report for members relating to current enforcement cases or, as an alternative, will explore the possibility and appropriateness of providing on-line access for members to see enforcement cases.

·  Head of Planning & Building considers what information it might be possible to share with parish councils regarding enforcement activity in their areas.

·  Members are informed in advance of enforcement cases in their wards where the Council intends to take formal enforcement action.

·  Settings on the Council’s website be changed so details remain accessible to the public once planning appeals have been determined.

·  Head of Planning & Building arrange for enforcement to be included in new member induction training.

·  Head of Planning & Building arrange for parish/town council training on planning enforcement in 2023.

·  Planning Enforcement Manager to up-date the standard non-expediency report to include all relevant case dates and to ensure interested parties are informed when an enforcement investigation is closed.

·  Enforcement Officers, when communicating with parties responsible for alleged breaches of planning control, will consider the individual circumstances of a case and adopt a balanced, proportionate and consistent approach explaining why an investigation is being undertaken in the first instance and enforcement action is being considered where appropriate. This accords with the approach recommended for other TVBC official communications by the OSCOM Communications Panel.

·  Head of Planning & Building to look at reintroducing quarterly enforcement monitoring reports.