Minutes:
“Has this Council’s performance on enforcement changed since I asked about this at the previous meeting?”
(Note: As this question could not be asked within the allotted time the Mayor stated that a written answer would be circulated to all Members.)
Answer
The following written answer was given by Councillor S.Boulton, Executive Member (Planning and Delivery) :-
“The planning enforcement team has 535 recorded cases at present (compared with 553 when last reported). Some cases have been closed and some new breaches have been reported in that time.
• 69 cases are due for imminent closure (compared with 49 when last reported).
• 9 cases are related to highway banners, which are a matter for Herts Highways (compared with 11 when last reported).
• 30 cases are in the legal process and waiting for a decision (compared with 29 when last reported)
• 12 cases are Category 1 matters related to listed buildings, protected trees and trees in conservation areas (compared with 10 when last reported)
• 163 are estate management cases. This remains the same as when last reported.
The enforcement team currently has three posts; a principal, a senior and an assistant. The Principal post has been vacant for the majority of the summer and the remaining officers have worked hard to provide a good quality service in the meantime. The new Principal Officer started on 10 September. An agency officer who was appointed to help tackle the caseload will leave on 21 September. This equates to a caseload of 178 cases per officer. These numbers appear comparable to other Herts authorities.
It is hoped that the arrival of the new Principal Officer and a workshop with councillors in early October to discuss the Planning Enforcement Plan will identify ways to establish clear expectations and priorities, to help deal with cases swiftly and effectively.
It should be pointed out that the caseload ultimately relates to people not understanding or observing planning and estate management rules when carrying out development.”
Supplementary written question from Councillor Cowan:-
“You say people not understanding or observing planning and estate management rules. How will members of the public understand the rules when they see a neighbour doing something that may appear questionable and it taking nine months, as in some cases I have reported, for investigation to even start, let alone reach a conclusion and enforcement action actually happen? And is this helped by Officers giving up to three years for applicants to undertake work to correct a breach? And what publicity will the Council undertake in the next few months to better educate residents as to what the rules are?”
Written answer to the supplementary question from Councillor S.Boulton:-
“The simple challenge is the volume of breaches. Planning and EMS enforcement is a discretionary activity. Government guidance also strongly encourages negotiation in the first instance and enforcement action as a last resort. Officers seek to tackle what they believe to be the most serious breaches, taking account of the rules of the planning system and the estate management scheme. We have a member workshop on 10 October to discuss the EMS review process. We have a member workshop on 15 October to discuss enforcement and a refresh of the Planning Enforcement Plan. I hope that these events will help to clarify priorities, expectations and capacity. The EMS workshop will report that Officers have appointed consultants to prepare a design guide and hope to introduce application fees in order to fund a dedicated EMS team that will deal with applications and have much more capacity to tackle breaches. This review process will include a letter to all Welwyn Garden City households, the launch of a new website and regular contact with estate agents, planning agents and others, to ensure they are aware of the Scheme, the design guide and the dedicated team who are available to offer guidance.”