The Chairman explained that Councillor Derek Conway, a member of the Committee, was attending for the ‘Review of Planning Enforcement Strategy and Charter’ item, as Lead Member for Planning, following Councillor Gerry Lewin’s sad loss.  Condolences were sent to Councillor Lewin at this time.

The Chairman welcomed Councillor Derek Conway, Councillor Barnicott (Chairman of the Planning Committee), James Freeman (Head of Planning Services), Andrew Jeffers (Development Manager) and Peter Hinckesman (Enforcement Team Leader) to the meeting.

To approve the Minutes of the Meeting held on 3 September 2014 (Minute Nos. 208 - 212) as a correct record.

The Minutes of the Meeting held on 3 September 2014 (Minute Nos. 208 – 212) were taken as read, approved and signed by the Chairman as a correct record.

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Director of Corporate Services as Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

No interests were declared.

The Committee is asked to consider the Planning Enforcement Strategy and Charter.

The following guests have been invited to attend for this item:

Councillor Gerry Lewin (Cabinet Member for Planning)

Councillor Barnicott (Chairman of Planning Committee)

James Freeman (Head of Planning Services)

Andrew Jeffers (Development Manager)

Peter Hinckesman (Enforcement Team Leader)

The Chairman and Lead Member for Planning explained that the purpose of the report was to set out the scope and programme for undertaking a review of the Council’s Planning Enforcement Strategy and Charter and the Planning Enforcement Service, and that there was a opportunity for members of the Committee to provide input into the process.

The Chairman of the Planning Committee considered it would be beneficial to have a tracking system so that stages of each enforcement case could be listed and this would enable Members to have a better understanding of where delays occurred.

The Head of Planning Services explained that the intention was to have a tracking system in the future to produce a transparent process for Members.  He suggested that Members could have an input on the development ‘spec’ of the tracking system, but was unsure of the timeframe for this to progress.

The Enforcement Team Leader gave a presentation on Planning Enforcement.  He explained that it was a similar presentation to one given a few years ago.  The presentation included the following information:  there were 2.6 FTE in the Enforcement Team; outline of the work areas covered; and the workload, which included 600+ new complaints each year, and 90 Notices served last year; the highest number in Kent.  Members were advised that breach of planning control was not an offence, the offence occurred when an enforcement notice was served and the work was not stopped.  The investigation process was also outlined.

The Enforcement Team Leader explained that the new system had four priority levels, similar in range to the three currently worked to at Swale Borough Council (SBC), ranging from two to 10 working days.  There was a general discretion on taking enforcement action and action had to be proportionate, reasonable, in the public interest and had to take human rights into account.  He outlined enforcement powers; permitted development; time limits of developments immune from enforcement action; and trivial/anonymous complaints.

The Chairman brought Members’ attention to the tabled paper which set out the 2011/12 Scrutiny Committee recommendations on Planning Enforcement.

Members made the following comments:  there needed to be more flexible working together within departments at SBC to increase communication levels and to reduce frustration of trying to find out what was happening with a particular enforcement case; the Legal Services Team should be involved in this review; and a tracking system needed to be implemented.

The Head of Planning Services explained that there was a Service Level Agreement with Legal Services and he would forward this to members of the Committee.

·         Head of Planning Services

Further comments from Members included:  the link between the Legal Team and Enforcement Team appeared to be weak; a simple shared Excel sheet between departments would be beneficial; the Head of Service should monitor the Teams; communication between the Teams needed to improve; there were resource issues; transparency was needed; continual updates were needed; Members needed to get involved and follow-up cases; with increase in enforcement cases, was there  ...  view the full minutes text for item 290.

The Committee is asked to review and discuss the Committee’s Work Programme for the remainder of the year.

The Policy and Performance Officer drew attention to the Committee Work Programme.

The Review Leader provided an update on the Economic Development Strategy; the Policy and Performance Officer explained that it was likely that the Scrutiny Committee would review this.

The Policy and Performance Officer advised that he would consult with the relevant Heads of Service with regard to the timescales for the Discretionary Housing Policy and the Domestic Refuse and Recycling Collection Policy and Procedures.

Resolved:

(1)  19 November 2014 – Local First and Sports Development Framework

(2)  25 February 2015 – Planning Enforcement Strategy and Service Charter.