Minutes:
6.1 The Committee received a report which provided an overview of the Planning Enforcement Team’s performance over the past 5 years and provided an update on the development of a Local Enforcement Plan.
6.2 The Planning Enforcement Team comprises a team of 18 officers with a Team Leader, x4 Area Planning Officers, x8 Senior Planning Officers, x4 Planning Inspectors and a Planning and Compliance Officer. One of the Senior Planning Officers is a recently created role, secured from ward budget funding from the Knightsbridge and Belgravia Ward. The team is largely reactive responding to complaints from members of the public regarding alleged breaches of planning control. The team investigates all breaches of planning control across the whole of the borough and is not broken down into geographical areas in the same way the Development Management Teams are broken down into North, Central and South areas.
6.3 In terms of performance, the planning enforcement team continues to receive regular and numerous complaints from residents and Members on behalf of their constituents. During the Covid 19 pandemic and as a direct result of the lockdowns, there was as expected, a noticeable decrease in the number of complaints received by the team. In the year 2018/19 (prior to the pandemic), 2675 reports alleging breaches of planning control were received and this reduced to 1524 in 2019/20. There was a further reduction in the number of reports received totalling 1169 in the year 2020/21. However, following the easing of restrictions, the number of reports of alleged breaches of planning control is rising steadily again and it is anticipated that this will be in the region of 1800 complaints at year end on 31 March 2022. There is a clear upward trajectory with complaints being received and it is expected that this will continue and reach pre-pandemic levels of circa 2500+ annual complaints.
6.4 Members held a discussion and noted the following regarding the Local Enforcement Plan (LEP):
• That the LEP will outline how the Planning Enforcement Team (PET) will monitor implementation of planning permissions and discharge of conditions particularly pre-commencement conditions.
• Will provide residents and businesses with clarity on the processes and procedures the PET will follow when investigating breaches of planning control.
• Will provide assurances that all reported breaches of planning control are investigated in a proportionate and transparent way.
• Outline realistic timescales on how long breaches of planning control take to resolve, which will help to manage expectations of the service.
• Highlight planning enforcement tools / action that may be pursued, including the appeals and prosecutions process and procedures. .
• Provide a hierarchy or prioritisation of breaches of planning control that align with “City for All” priorities and the Council’s City Plan. This will provide the opportunity to highlight emerging issues like the gig economy, shisha smoking etc.
• That early and effective engagement would be critical in developing a fit for purpose LEP.
• Members agreed that the enforcement of ‘short-term lettings’ should also be prioritised, and this would align with the ‘City for All’ priorities. Members highlighted the impacts that short-term letting have on the provision of long- term accommodation and the associated impacts this has on the local community. Officers advised that the Planning Enforcement Team work collaboratively with Public Protection and Licensing (who have responsibility for enforcing short-term letting) and would ensure that enforcement of unauthorised ‘short-term lettings’ would continue to be prioritised as part of the LEP.
• Members noted that the enforcement of ‘short-term lets’ is primarily controlled by the Town and Country Planning Act and unauthorised short-term letting constituted a breach of planning control.
• Members agreed that the LEP should highlight the considerable length of time it may take to resolve a breach of planning control given the various stages involved in an investigation and the need to often revert to legal proceedings.
• Members were advised that PET was working collaboratively with the Housing Service to ensure that the special architectural and historic interest of Listed Buildings were preserved and enhanced. Where unauthorised works are uncovered, appropriate action is pursued to remedy the harm caused to the heritage asset.
6.5 Members thanked Officers for their report and noted the integral part which the Planning Enforcement Team plays in supporting the policies contained in the City Plan and upholding the integrity of the planning system.
RESOLVED:
the past 5 years and supported the ongoing development of the draft of the Local Enforcement Plan.
Supporting documents: