Your council
Agenda item
Enforcement Review
(Cllr L Burrows) To consider and comment on the Enforcement Review (attached).
Minutes:
Cllr Burrows introduced the Enforcement Review, thanked officers for their input, highlighted the potential costs of £250,000 for the implementation of a system for environmental health and technical enforcement, and developing enforcement of parking at key junctions, footpaths and areas outsides school in partnership with NEPP and ECC. Nick Dawe (Chief Operating Officer) advised the Committee that planning enforcement was outside the remit of this review. The focus was on actions that were, in the main, immediate and low cost, and included outline plans for improved technology which could be brought forward in two stage. He reminded the Committee covered that there were many aspect to enforcement activity and recourse to legal action was the last resort.
The Committee:
· Sought clarity on the quantification of costs associated with the development of the IT system and were advised that the interim stage had been fully costed and was included in the budget, the wider system which would integrate with planning and the HRA was unknown, and the business case for this could be brought to this Select Committee
· Queried the provision of legal resources and the technical ability of officers in compiling suitable evidence for prosecution. All officers were aware of PACE and operated to the relevant regulations, some work was required in relation to legal service provision.
· Suggested that the lack of feedback to the complainant, who then engaged members and the feedback loop to members was a key issue. Members needed to be given access to information and progress on specific cases, and were cognisant of the confidentiality aspects of enforcement case which could be critical to a successful outcome. The Committee were advised that the key aspect of the proposal was that enforcement activity was coordinated and fed back to members.
· Questioned the increase in ‘rat runs’ through the enforcement at junction, parking obstructing footpaths and schools. A comprehensive approach was needed to be taken, to avoid increasing the speed and amount of traffic through the cleared areas, and to ensure that air quality was considered.
· Queried the system for ensuring planning conditions were met, Andrew Marx confirmed, it was not practical for them to be actively monitored, due to the large numbers and advised that there was a 10 year period when breaches could be dealt with and there was a clear link on the website to report alleged breaches. Consultees were advised that the decision notice and conditions would be available on the website, and the service received regular allegations of breaches of conditions. In additional solicitors often wanted confirmation that conditions had been adhered to. He reminded members to contact him directly if they had any specific queries.
· Asked about costs incurred and recovered. They were advised that the same costs would be incurred for some actions, but the process should become more efficient. In general terms the enforcement costs would be sought from those at fault, for planning when direct action was taken, the costs could be charged back to the transgressor and this was explicit in new enforcement plan.
· The Committee were advised that site visits were restricted at the height of the pandemic site and a standardised risk assessment, based on the LABC template, was now in place to ensure Covid safety and reduce any impact on site visits.
Due to technical difficulties Cllr Whitehouse would be provided with a written response to her queries in relation to the meaning of DDA, and the requirement for 2 members of staff to provide reports to members.
The committee suggested that the scope and all activity should be included in further iterations of the report
The Committee would welcome a future report on the costs and benefits associated with the integrated IT system, with an implementation programme and the delivery of outcomes.
Resolved:
That the Committee considered and commented on the Enforcement Review.
Supporting documents: