Issue - decisions

Cabinet had before it a report * from the Director of Place and Economy on the Planning Enforcement- Enforcement Policy Update.

The Cabinet Member for Housing, Assets and Property and Deputy Leader outlined the contents of the report with particular reference to the following:

• The proposed Planning Enforcement Policy brought the operations of the Enforcement Team in line with the Council’s current approach.
• Formal adoption and publication of the policy should make it easier for the public to understand Mid Devon’s approach to Planning Enforcement. It would set a much clearer framework for when enforcement action would be taken, and how it would be taken, together with clarity on what types of cases would be investigated as high priority, medium priority and lower priority accordingly.
• Following a public question directed to the Scrutiny Committee, an amendment was suggested to be made to the flow chart in the Enforcement Policy to add an additional arrow to clarify that complainants would get feedback in relation to their complaint. This will be added between “Breach identified and no further investigation required” and “Investigation Results”. There would also be a spelling error amendment in the box “Possible Breach Identified”.

Discussion took place regarding:

• The concerns about planning enforcement in Councillors ward areas and how this would be reflected.
• When criticism had been received with regard to this report and had this been looked into?
• Any changes to planning enforcement and was there a record of this.
• Cabinet Members thanked all officers involved for the work that had been achieved in the report. 

RESOLVED that:

1. The report and the updated Planning Enforcement Policy which had been discussed and noted by Scrutiny be NOTED.
2. The updated Planning Enforcement Policy, as recommended by the Planning Policy Advisory Group (PPAG) be APPROVED and ADOPTED.
3. Delegated authority be given to the Development Management Manager, in conjunction with the Cabinet Member for Planning and Economic Regeneration, to make any future revisions to the Planning Enforcement Policy to ensure it accorded with the National Planning Policy Framework be APPROVED.
4. The flow diagram contained at page 14 of the Policy to be updated to include an arrow between “Breach identified and no further investigation required” and “Investigation Results” to demonstrate that complainants would receive feedback on their complaint be APPROVED.

(Proposed by Cllr S Clist and seconded by Cllr G DuChesne)

Reason for Decision:

Matters of enforcement were bound by strict data protection rules and the authority must be mindful of the rights of individuals concerned. This meant that specific details and ongoing enforcement activity could not be shared beyond those within the authority who were immediately and necessarily involved in cases.

Notes: *

(i)  Report previously circulated.

(ii) Cllr N Bradshaw abstained from voting.