Issue - meetings

To consider the report of the Cabinet Member for Planning & Development

TO RECOMMEND TO COUNCIL

i)        That the Local Enforcement Plan be adopted.

ii)       That the CIL Enforcement Policy be adopted.

REASON

i)        Local Enforcement Plan

It is necessary to update the adopted March 2016 Local Enforcement Plan to take account of current legislation and the review of the Planning Compliance service which was undertaken by the Planning Advisory Service in 2019.

ii)       CIL Enforcement Policy

In order to publicise the penalties for non-payment of the CIL charges and to ensure that the Council does not lose out financially by non-payment and having to carry out additional tasks as a result of non-payment.

Councillor Lynn Lambert, Cabinet Member for Planning & Development, outlined the reasons why the Council needed to update its Local Enforcement Plan and introduce a new Community Infrastructure Levy (CIL) Enforcement Policy.

The proposed Local Enforcement Plan took into account current legislation and the recent review of the Council’s Planning Compliance Service.  The Plan set out how the Council monitors the implementation of planning permissions, investigates alleged cases of unauthorised development and takes action where appropriate.  

The following two amendments to the Local Enforcement Plan relating to Paragraph 4:  ‘What is not a Breach of Planning Control’, were proposed:

• ‘Operating a business from home where the residential use remains the primary use’ should include mention of possible restrictive covenants; and
  
  
• ‘Boundary disputes’ should include advice on the Council’s enforcement powers under the Hedge Regulations, given the number of disputes that involve hedges.

The Cabinet Member agreed to look into making these amendments with a view to incorporating them into the Plan.

The Cabinet Member advised that the CIL Enforcement Policy would publicise the penalties for non-payment of the CIL charges and help to ensure the collection of funds runs smoothly by making it clear to those liable to pay the levy the likely consequences for non-payment or late payment.

TO RECOMMEND TO COUNCIL

i)        That the Local Enforcement Plan be adopted.

ii)       That the CIL Enforcement Policy be adopted.

REASON

i)        Local Enforcement Plan

It is necessary to update the adopted March 2016 Local Enforcement Plan to take account of current legislation and the review of the Planning Compliance service which was undertaken by the Planning Advisory Service in 2019.

ii)       CIL Enforcement Policy

In order to publicise the penalties for non-payment of the CIL charges and to ensure that the Council does not lose out financially by non-payment and having to carry out additional tasks as a result of non-payment.