Agenda item

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:

1. Members noted the performance of the Planning Enforcement Team over

the past 5 years and supported the ongoing development of the draft of the Local Enforcement Plan.

2. That the Sub-Committee receive an update on the Local Enforcement Plan in the next 12 Months.