Agenda and minutes

(Assistant to the Chief Executive) To report the appointment of any substitute members for the meeting.

It was noted that there were no substitute members present.

(Assistant to the Chief Executive). To declare interests in any items of the agenda.

In considering whether to declare a personal or a prejudicial interest under the Code of Conduct, Overview and Scrutiny members are asked to pay particular attention to paragraph 11 of the Code in addition to the more familiar requirements.

This requires the declaration of a personal and prejudicial interest in any matter before an Overview and Scrutiny Committee which relates to a decision of or action by another Committee or Sub-Committee of the Council, a Joint Committee or Joint Sub-Committee in which the Council is involved and of which the Councillor is also a member.

Paragraph 11 does not refer to Cabinet decisions or attendance at an Overview and Scrutiny meeting purely for the purpose of answering questions or providing information on such a matter.

There were no declarations of interest pursuant to the Council’s Code of Conduct.

To agree the notes of the last meeting held on 12 February 2009 (attached).

The notes of the last meeting held on 12 February 2009, were agreed as a correct record, subject to the inclusion of Councillor Mrs P Smith and R Sharp, Senior Accountant, as being present.

The Terms of Reference are attached.

The Terms of Reference were noted.

The Work Programme is attached.

The Panel considered its Work Programme.

(1)        East of England Plan and Local Development Framework

(a)        The Panel noted that the final version of the East of England Plan was awaiting completion, as the results of a legal challenge were being awaited.

(b)        Planning Services were awaiting the report from the Inspector’s Panel on the number of Gypsy and Traveller sites in the district. The number of sites within the district was expected to fall from 49 to 39.

(c)        A report on the Local Development Framework (LDF) was going to the Cabinet. A six monthly review of the LDF would be put before the Panel later in the year.

(2)        Traffic issues and transport in the District

Although a review of the action plan was scheduled for the March 2009 Panel, the District Council was still awaiting the Essex County Council transport strategy for the Nazeing area.

(3)        Value for Money within Planning Services

(a)        Development Control

A benchmarking review of work coming forward was scheduled to go before this Panel in September 2009.

(b)       Forward Planning

This item was being re-scheduled.

(c)        Economic Development

The Panel would need statistics to underpin discussions on the economic situation within the district before discussing this item fully.

AGREED:

That economic statistics be included in the report on Economic Development at the June 2009 meeting.

(12)      Scrutiny Review Request – Councillor Mrs A Cooper

A report was going before the next Overview and Scrutiny Committee in April 2009 as a result of the Panel’s consideration of this issue with a proposal to develop a set of frequently asked questions.

(Director of Planning and Economic Development). To note the attached report.

The Panel received a report from Mr S Solon, Principal Planning Officer (Enforcement), setting out how the Council’s planning enforcement function was delivered, setting out performance indicators, identifying issues and challenges for the delivery of planning enforcement by the District Council.

The Panel’s Terms of Reference had indicated that they were considering Value for Money within Planning Enforcement. The report gave a general background on planning enforcement and allowed the Panel to consider the scope for future discussions.

The main purposes of the Council’s Planning Enforcement Service was to:

• Investigate allegations of breaches of planning control;
• Remedy the harm caused by actual breaches of planning control; and
• Regularise acceptable development carried out in breach of planning control.

In fulfilling its purpose, the Planning Enforcement Service had regard to relevant legislation, case law, national planning policy and adopted development plan policy. The planning merits of all actual breaches of planning control were assessed prior to an appropriate course of action being decided upon. The service primarily drew on resources from other sections within the Planning Directorate and on legal advice provided by the Corporate Support Services Directorate.

The Panel were informed that planning enforcement was a discretionary function of the Council. However, experience suggested that the demand for the delivery of a Planning Enforcement Service was high. The failure to take appropriate and timely enforcement action could lead to the Council being found guilty of maladministration and being required to compensate those whose interests were harmed by the consequences of breaches of planning control.

The Planning Enforcement Team, its Performance, Identification and Discussion of Issues

The Council’s Planning Enforcement Team was part of the Development Control Group of the Planning and Economic Development Directorate and was made up of seven staff. This comprised a Principal Planning Officer, Senior Enforcement Officer, three Enforcement Officers, a Compliance Officer and a dedicated administrative officer, the Principal Planning and Senior Enforcement Officers were the only posts where the post holders were required to have a relevant planning qualification. Between August 2006 and February 2009 the team had been fully staffed. However, some staff had had extended periods of absence due to illness or bereavement. Since February 2009 the Compliance Officer post had been vacant pending a decision on whether to replace it with either a further Senior Officer or a full time Compliance Officer post. An Enforcement Officer had been taken seriously ill and was unlikely to return to work for a number of months. It was recognised that the District Council’s Planning Enforcement Team was one of the bigger planning enforcement teams amongst other local authorities.

The Planning Enforcement Team’s workload had increased with the turn over of investigations going up from 650 to 750. There were 60 to 70 complaints per month. However, a great deal of the enforcement work, 65%, involved no breach of planning control. The Panel was informed that it was better to take informal action against breaches of planning control with enforcement action being used only as a last  ...  view the full minutes text for item 52.

(Director of Planning and Economic Development). To note the attached report.

The Panel received a brief update report on the Gypsy and Traveller Development Plan Update. The Panel were informed that the deadline for the consultation had now expired. It had generated the following responses:

• In total, there were 9,700 responses to the consultation made;

• 8,100 group responses;

• 900 individual responses; and

• 700 responses were made online.

The responses were still being checked for duplication, and were being put through various processes for analysis. This would generate a report about the number of responses reflecting on where the analysis suggested the Council could go in terms of a strategy with specific extra provision of sites, within the timescale of the Government direction. This report will be considered initially by the Cabinet committee and then the Cabinet in April. Some general themes were clear from the considerable response received. Few responses needed returning, so acceptable language had been used. Although some technical responses were still awaited, in particular that from the Environment Agency, there was still a great deal of work which needed completion.

Go East have responsibilities for monitoring overall progress on such documents, and recently introduced a new template for highlighting this.  Officers from EFDC, Harlow and East Herts have formulated the attached response for discussion with Go East, but this is the most detailed and brief summary of the position, and this is attached.

The Panel received a summary of the position with regards to the Local Development Framework Timeline. GO East, the Government office for the East of England, had responsibility for monitoring overall progress on development documents, they recently introduced a new template for highlighting this. Officers from, the District Council, Harlow Council and East Hertfordshire Council, had formulated a response for discussion with GO East. The summary specified the likely completion dates of the Development Plan Documents for the Core Strategy and Development Management Policies as July 2012, Land Allocations as October 2014 and Area Action Plans for Lands around Harlow as October 2014.

(Director of Planning and Economic Development). To consider the attached report.

The Panel received a report regarding the Improvement Plan. In November 2008, the Overview and Scrutiny Committee had agreed that the Planning and Economic Directorate would produce an Improvement Plan for the next eighteen months. The Panel’s investigations had shown that there had been significant change within planning over the last four years. However, there was scope for further change and improvement. The following was noted:

1.         Review the measures used within Planning and Economic Development to ensure that staff are maximising the performance of the Directorate.

• The Directorate Business Plan for 2009/2010 was almost completed.
• The Key Performance Indicators (KPIs) for inclusion in the KPI 2009/2010, was whittled down to 51 KPIs.

2.         Develop and promote a set of service standards for Planning and Economic Development, outlining the minimum levels of service that external and internal customers will receive.

• The Panel were informed that the Planning Services’ Business Manager, S Bacon, was leaving for another position within the District Council. His position would need filling.

3.         Check the effectiveness of the channels of communication used to ensure that all staff are aware of service priorities and quality standards.

• All Planning Services staff had been consulted regarding the Development of the Service Business Plan. However the Staff Survey was due for completion by June 2009.

4.         Improve the mechanisms of regular on-going feedback from users on the quality of service they have received.

Ensure officers with the appropriate level of responsibility act upon complaints.

• The Panel had already received feedback from planning agents and amenity groups.

ACTION: Comments from the planning agents and amenity groups required matching, and were to be brought back to the Panel.

5.         Improve ownership of problems and accountability amongst the Senior Management Team within Planning and Economic Development.

• Appointment of new senior staff needed.

6.         Implement appropriate measures to raise morale and increase staff motivation in achieving service improvements.

• It was possible for a staff newsletter to be produced, however this could be problematic given resource issues.

7.         Develop a systematic approach to workforce planning to address recurring recruitment and retention difficulties.

• The previous Workforce Development Plan was being updated. It was noted that some staff were approaching retirement age and subsequently would take away many years of experience. Procedures for replacing staff needed to be faster.

8.         Improve the standard, content, presentation and consistency of reports to Development Control, Planning Standing Panel and Area Sub Committees.

• This was a separate item on the agenda.

9.         Review the Corporate Planning Protocol with respect to dealing with applicants, agents, developers and the local business community to ensure that the highest standards of probity and governance are achieved.

• The Corporate Planning Protocol was being started.

10.       Implement practical measures to improve the public perception and reputation of the Council’s Planning Service, particularly with respect to high profile/controversial applications and enforcement action.

• More publicity was needed for planning successes.

11.       Take positive action to raise confidence amongst elected Members of the Council with respect to  ...  view the full minutes text for item 55.

Report to follow.

The Chairman fed back to the Panel on the outcomes from the recent meeting of the Development Control Chairmen and Vice Chairmen on 26 February 2009.

• Arrangement of a pilot of pre-application briefings for the Chair, Vice Chair and nominated group representatives of the Area Planning Sub-Committees;

• Inclusion of a link to online plans on Area Plans agendas;

• Officers ensure that full application documentation was received before application was registered;

• Consideration of agreement with developers allowing larger applications over a longer timescale;

• Area Plans Sub-Committees report template reviewed ensuring that information was presented in the best way taking account of best practice in other authorities and how many residents had been consulted;

• Decision making at meetings – webcasts. Chairmen should ensure that they obtained clear reasons for refusal before any vote was taken. Chairmen should provide a summary of the decision of the sub-committee at the end of each item for the benefit of the public, both those present and those viewing the webcast; and

• Highways Objections – responses from Highways to consultations did not always have an explanation with the decision. Highways should attend sub-committees if requested.

Update on current staffing situation.

The Panel received an update on the current staffing situation within Planning Services.

The Compliance officer was retiring, the IT Business Manager, S Bacon, was moving to another position within the District Council.

The Assistant Director’s post was still vacant. There was concern amongst members regarding the apparent lack of progress in locating a replacement for this post, particularly as the current economic conditions should, in theory, furnish the Council with lots of candidates. The Chairman requested a report for the Panel reviewing the whole recruiting process, for the Assistant Director’s post.

AGREED:

That a report be produced reviewing the recruiting process for the Assistant Director of Planning Services post.

There was no other business.

This is the last meeting of the Panel for this current year. The Panel will next meet on Thursday 18 June 2009 and then on the following dates:

Tuesday 8 September 2009;

Tuesday 10 November 2009;

Tuesday 5 January 2010; and

Thursday 11 February 2010

The future meeting dates of the Panel were noted as follows:

Thursday 18 June 2009;

Tuesday 8 September 2009;

Tuesday 10 November 2009;

Tuesday 5 January 2010; and

Thursday 11 February 2010.

The Director of Planning Services was concerned that the meeting dates of 5 January 2010 and 11 February 2010, were too close to allow sufficient time for adequate reports for the next meeting. The Chairman agreed, suggesting that the February meeting date could be re-arranged.