The Cabinet Member for Planning, Head of Planning Services and Enforcement Team Leader (Planning Enforcement) have been invited to attend for this item.

The Chairman welcomed the Cabinet Member for Planning, the Head of Planning Services and the Planning Enforcement Team Leader to the meeting.

The Cabinet Member for Planning welcomed feedback from Members on the document.

The debate centred on the following themes: whether Parish Councils were informed that Section 215 notices had been served and whether more could be done; how the Planning Enforcement Team worked with other departments regarding Section 215 powers; and whether it was possible for more information to be provided on the detail, to include cases where action had not been taken or not taken with reasons why that decision had been taken.

The Planning Enforcement Team Leader advised that Parish Councils were aware when Section 215 notices were issued.  He confirmed that there was not a separate budget for Section 215 action.  He also confirmed that the team does work closely with the Environmental Response Team but given the demographic trends there would be benefit from closer ties with the Housing Staying Put team. However, arranging works at a property needed to be carefully managed given the legal issues to consider with regard to health and safety and Section 215 action.

The Head of Planning Services advised that in his eight years at the Council, there had hardly been any complaints and he was not aware that there was a big demand from the public for Section 215 notices.  However, when information was received it was acted upon.  With an ageing population, it was likely there would be more demand from the public in the future, for example lack of maintenance at a property.  Generally, when complaints were made it was from neighbours who were looking to sell  their homes.  If Members considered this was an important issue and a more proactive and responsive approach was required, then resources would need to be identified.

Discussion ensued during which Members considered that a budget was required, and that the Council should be more proactive in this area to help meet its corporate objectives of making Swale a Borough to be proud of.  The Planning Enforcement Team Leader advised that additional budget would help, but he did not anticipate additional staff resources being required, as they employed outside contractors for this work.  However, the use of Section 215 was very subjective as officers would need to consider whether the property justified a Section 215 notice, taking its surroundings into consideration.

Given that there was recognition that demand for this was likely to increase, it was suggested that the Council should develop a policy on what action it would take with regard to properties that fell into disrepair.  It was clarified that Section 215 notices were used as a last resort when other avenues had been explored, therefore, it was suggested that the policy should be written with this in mind and that perhaps other teams in the Council should be working to resolve the issues before they reached that stage, such as the Environmental Response Team and Housing (Staying Put).  Members recognised that it would not be possible for officers to identify properties that were in disrepair, but it could be more responsive when complaints were received.

Resolved:

(1) That the Cabinet Member for Environmental and Rural Affairs and the Cabinet Member for Planning be asked to consider the feedback in the above Minute and develop a Policy regarding action that can be taken to improve properties that impact on the amenity of the Borough.

(2) That the Committee be given an opportunity to comment on the draft policy.