Agenda item

Report attached.

The Cabinet considered a report of Councillor Munsif Dad BEM JP, Leader of the Council, setting out a proposed Planning Enforcement Plan, which updated the existing protocol to reflect current national guidance and aimed to manage the expectations of complainants regarding the scope of the Council’s resources and planning enforcement powers.

The Leader provided a brief introduction to the report, highlighting that the previous version had been agreed in 2010 and no longer reflected the service provided.  He outlined the matters covered in the new Plan, including how enforcement action would be prioritised and timelines.

Councillor Khan raised a number of queries as summarised below and responses were provided by Councillor Dad, or the relevant officer, as indicated:

• Given that enforcement was a discretionary power, who was the decision maker when applying the public interest test (see Paragraph 6 of the Plan)? – Response: The Head of Planning and Transportation had delegated powers to make decisions about enforcement.  However, the matter could be referred to the Planning Committee, particularly in controversial cases.  The Leader of the Council had overall responsibility for the Enforcement Plan, as Portfolio Holder.
• In the case of Priorities 1 and 2, were these derived from national policy or adapted to fit local circumstances – the timescale for a site visit of 10 working days for Priority 2 seemed too long (see Paragraph 15 of the Plan)? -  Response: The need for a Plan followed national guidelines.  However, the Priorities were not determined by Government guidance, but were based on local circumstances.  In summary, Priority 1 breaches needed immediate legal intervention, whereas enforcement for Priority 2 breaches might be in the public interest and should be dealt with as soon as possible.  The timescales reflected available resources.
• Retrospective planning applications were often controversial – was there any guidance available about this process, as the situation was not well understood by the public? – Response: There was a process to follow when seeking planning consent retrospectively.  The Council frequently used social media to raise awareness of its policies in these cases.
• Overall, the Plan was positive, but was it achievable given the everyday pressures on the Planning Team and would additional resources be needed to meet these commitments? – Response: Cabinet members were aware that the Planning Team were very busy.  If any gaps were identified, they would be provided with the necessary resources to carry out their role effectively.

Approval of the report was not deemed a key decision.

Reasons for Decision

The National Planning Policy Framework (NPPF) recommended that local planning authorities publish a local enforcement plan to proactively manage enforcement in a way that was appropriate to their area.

The attached Planning Enforcement Plan set out how enforcement complaints would be prioritised and managed by the Planning Service.  The updated Plan made clear that at the heart of assessing an enforcement case was the degree of harm caused by the alleged breach of planning control and whether formal enforcement action would be expedient.

Adopting the Local Planning Enforcement Plan would ensure compliance with national guidance and support the Local Planning Authority in carrying out future enforcement actions in line with established best practice.

Alternative Options considered and Reasons for Rejection

While an enforcement plan was not mandatory, it was considered best practice to have one in place.  An enforcement plan enabled members of the public to understand how their complaint would be managed and assisted the Local Government Ombudsman (LGO) in understanding the Council’s approach to enforcement should a complaint be made.

The Planning Enforcement Plan was principally a reactive document, setting out the way complaints relating to breaches of planning control would be investigated.

Planning enforcement was delivered by two officers within the Planning Service.  The Planning Enforcement Plan therefore sought to manage complainant expectations in line with available resources.

Resolved                                    -    That Cabinet approves and adopts the new Planning Enforcement Plan for the Borough, as attached at Appendix 1 to the report, for use from 1^st January 2026.