Agenda item

The report of the Executive Manager – Communities is attached.

The Portfolio Holder for Housing, Councillor Upton presented the report of the Executive Manager – Communities outlining the Council’s Planning Enforcement Policy.

Councillor Upton advised that the Council currently had a Planning Enforcement Code of Practice which was due for review and renewal in March 2021. Therefore, in line with the recommendations in the National Planning Policy Framework (NPPF), a draft Planning Enforcement Policy had been produced, which was more detailed and would replace the Code of Practice. Councillor Upton noted that the draft Policy had been considered by the Growth and Development Scrutiny Group and following amendments, the Group had resolved that the updated Planning Enforcement Policy be referred to Cabinet for approval. Councillor Upton informed the Council that Cabinet had resolved that the draft Planning Enforcement Policy be approved for the purposes of public consultation, prior to the Policy being referred to Council for adoption.

Councillor Upton noted that some changes had been made following public consultation but not all suggestions have been incorporated. However, it was hoped that the new Policy would reassure residents that the Council was willing to take a proactive and reactive approach to enforce planning controls despite the challenge of staffing resources and the financial costs of enforcing planning controls. Councillor Upton also highlighted that further planning enforcement issues such as planning enforcement controls in conservation areas would be discussed by the Growth and Development Scrutiny Group in April 2021.

Councillor Inglis seconded the recommendations outlined in the report and informed the Council that the new Planning Enforcement Policy would be more effective and robust than the current Code of Practice. It was noted that the Planning Enforcement Policy would ensure that breeches of planning conditions would be investigated with timely resolutions. Councillor Inglis recognised that there were staffing and budget constraints but believed that the Planning Enforcement Policy would inform developers how the Council would carry out its enforcement functions and therefore, would set a strong precedent for the Council.

Councillor Gowland emphasised the stress and grief caused by developers and residents by not following approved plans and conditions and provided an example of the demolition of a dwelling on Bridgford Road, West Bridgford. It was noted that the integrity of the Council depended on residents knowing that the Council would act and enforce planning conditions if necessary. Councillor Gowland raised concerns that the Policy concentrated too much on planning enforcement being a discretionary service but noted that the Policy was a great step forward for the Council and would inform residents of its implementation. 

Councillor Major endorsed the recommendations of the report and was pleased to see that the Council was willing to deliver an effective service for its residents. Councillor Major thanked the officers and those who had taken part in the consultation process. It was hoped that the Planning Enforcement Policy would provide clarity and confidence to ensure that planning conditions were followed correctly.  

Councillor R Mallender was pleased to note that this overdue Policy was recommended to be implemented. Councillor Mallender recommended that the Policy could be strengthened and improved overtime but was pleased that the Policy made it clear to residents that enforcement would be imposed if planning conditions were not followed.  

Councillor Thomas welcomed the improved document but was disappointed that not all ward councillor responses to the draft document were included. Councillor Thomas also hoped that the Policy would be a living document which would eventually allow the proactive monitoring of housing developments of less than 50 houses. It was also suggested that the document should emphasise what the Council could do to impose enforcement rather than what the Council cannot do if a developer was not adhering to planning conditions.  

Councillor Butler noted that planning enforcement was a big issue for Rushcliffe residents and so it was essential that developers/applicants would face consequences if permissions were not adhered to.

Councillor Clarke agreed with Councillor Butler and stated that the officers were reliant on residents to be informed if planning conditions were not being followed. Councillor Clarke also thanked the members of the Growth and Development Scrutiny Group for supporting the improved Policy.

In response to the Councillors’ comments, Councillor Upton noted that the demolition of the dwelling on Bridgford Road had created an urgency for a Planning Enforcement Policy to be implemented. Additionally, despite it being a discretionary service, Councillor Upton was pleased to note that the Council had always had a Code of Practice and now a Policy in place. It was highlighted that the Council would like to be able to proactively monitor smaller developments but due to a lack of resources, encouraged residents to contact the Planning and Growth Team if they believed that planning conditions were being breached.

It was RESOLVED that:

a)    the Planning Enforcement Policy be adopted; and

b)    the Executive Manager – Communities be delegated authority to make minor changes and updates to the Policy as required.