Agenda item

(Planning Portfolio Holder) To consider the attached report (C-061-2013/14).

(1)        That the taking of direct action by the Council using section 178 of the Town and Country Planning Act (as amended) be confirmed as being delegated to the Director of Planning & Economic Development;

(2)        That the costs of taking such action be met from the existing District Development Fund budget for Appeals and Contingencies; and

(3)        That the costs of taking such direct action be placed as a charge on the land or property, in order to be eventually recouped.

The Planning Portfolio Holder presented a report concerning the budget arrangements to facilitate direct enforcement action.

The Planning Portfolio Holder stated that when the Council utilised the enforcement powers available to it under the various Town and Country Planning Acts, the service of an enforcement notice generally led to the breach of planning control being resolved. In rarer instances, when the owner or developer did not take action to comply with the enforcement notice, the Council then had powers to take direct enforcement action under section 178 of the Town and Country Planning Act 1990.

The Planning Portfolio Holder reminded the Cabinet that, whilst the taking of most enforcement action was delegated to Officers, decisions to take direct action had previously been taken by Members, perhaps partly reflecting that it was an unusual power, but also partly because in the past there had not been a budget set aside to allow for direct action. Unfortunately, the requirement to obtain Cabinet approval for the budget for direct action added further time to an already lengthy process.

The Planning Portfolio Holder reported that there was already a budget within the District Development Fund to deal with instances where costs were awarded against the Council at a planning appeal and other similar contingencies. This budget currently stood at £46,000 and it was being suggested that this budget should be used to cover direct enforcement action as well. The Council would attempt to recoup any costs from taking direct enforcement action by placing a charge on the land.

As a consequence, the Planning Portfolio Holder proposed that the taking of direct action under Section 178 of the Town and Country Planning Act 1990 should be delegated to the Director of Planning & Economic Development. Any costs incurred should be met from the existing budget within the District Development Fund for Appeals and Contingencies, with a charge placed on the land to recoup the cost when the land was sold.

The Cabinet welcomed the proposals, and the problems encountered by the Council in undertaking direct enforcement action on the Blunts Farm site in Theydon Bois were highlighted. The Director of Corporate Support Services confirmed that, under certain circumstances, the Council could force land to be sold in order to recoup its costs from having taken direct enforcement action, but it would be dependent on the magnitude of the costs involved.

Decision:

(1)        That the taking of direct action by the Council using section 178 of the Town and Country Planning Act (as amended) be confirmed as being delegated to the Director of Planning & Economic Development;

(2)        That the costs of taking such action be met from the existing District Development Fund budget for Appeals and Contingencies; and

(3)        That the costs of taking such direct action be placed as a charge on the land or property, in order to be eventually recouped.

Reasons for Decision:

To confirm the previous delegation of powers, and simplify procedures by removing the need to gain Cabinet approval through the funding of direct enforcement action from an existing budget. This would not prevent the Council from taking steps to recoup its costs by placing a charge on the land.

Other Options Considered and Rejected:

To leave the existing arrangements for direct action, requiring a Member decision to agree the action, and Cabinet to agree funding in each case.

To implement a budget solely for direct enforcement action.