Agenda item

The Director of Planning, Development and Transportation submits a report providing an overview of the effectiveness and performance of the Leicester City Council’s planning enforcement function in comparison with other authorities, as appropriate.  The Commission is recommended to note and scrutinise the report.

The Director of Planning, Development and Transportation submitted a report providing an overview of the effectiveness and performance of the Leicester City Council’s planning enforcement function in comparison with other authorities, as appropriate.

The Head of Planning introduced the report, drawing Members’ attention to the examples of enforcement action included in the report, stressing that the preferred method for resolving enforcement issues was through negotiation.

At the invitation of the Chair, Councillor Willmott addressed the Commission, reminding Members of the interest he had declared in this item.

Councillor Willmott advised the Commission that the Belgrave Hall Conservation Society had become concerned that limited enforcement action was being taken in a number of cases.  Although the Council’s policy was to retain the character of the area, there were some streets where changes to buildings were starting to change the profile of those streets through the cumulative impact of the addition of things such as dormer windows and extensions.  Councillor Willmott therefore asked what criteria were used in deciding what was acceptable and what was not and asked that officers try to increase the number of cases resolved through negotiation.

Members expressed concern at the extent that negotiation resulted in advice being given that retrospective planning permission be sought.  This could give the impression that development could be undertaken that was in breach of planning requirements, but the situation could then be remedied through the use of the retrospective planning permission process.

In reply, the Head of Planning drew Members’ attention to the government guidance that planning officers were required to follow.  This advised that an appellant could appeal against an enforcement notice on the ground that a retrospective planning application could have been made with a reasonable expectation of it being granted.  All planning applications, whether retrospective or not, had to be considered on their individual merits.

The Head of Planning reminded the Commission that all Councillors received a weekly update on planning enforcement cases.  Councillors were invited to contact officers if further information on any of these cases was required.

Councillor Willmott addressed the Commission further, noting that the comparative data provided in the report was useful, but asking that this be given greater analysis and a further report made to the Commission if any aspect of the data was considered to be of wider interest.  He also expressed the concern that, if a development initially was refused, but went ahead and then was approved as a retrospective planning application, this could become a pattern for a developer and asked that, if possible, it be investigated whether this occurred.

The Commission queried whether there was lack of consistency in negotiations, as some enforcement action appeared to be taken on the basis of very few complaints, but issues that appeared to have a significant impact on an area appeared to be left unchecked, (for example in respect of issues of emissions from unauthorised flues).  The Head of Planning advised that every assessment was a matter of public record and could be examined.  Assessments routinely included negotiations with other service areas, such as Environmental Health, as needed.  If the issue was proven be a statutory nuisance, Environmental Health officers could, and did, take action on it, but government guidance was clear that Planning officers should not seek to achieve compliance with environmental legislation through what would be an inappropriate use of planning powers.

AGREED:

1)    That the report be noted; and

2)    That the Director of Planning, Development and Transportation be asked to note the comments recorded above.