Agenda item

To consider a report by the Development Manager (copy attached) to examine the Council’s planning compliance enforcement activities across Denbighshire and their sustainability going forward.

 

The Chair welcomed the Lead Member for Local Development and Planning to the meeting along with the Development Manager.

 

The Lead Member introduced the report (previously circulated) which examined:

 

1.    the degree to which Denbighshire County Council’s planning compliance function was fulfilling its purpose to investigate and remedy alleged breaches of planning control; and

2.    the future sustainability of the function.

 

A decision on the adoption of a new version of the Council’s planning compliance charter (Appendix 1 previously circulated) was required from the Committee.

 

The Development Manager explained the role of the Planning Compliance Department and the system within Denbighshire where breaches of planning control could be reported. Those breaches could range from non-maintenance of grassed areas to large scale environmental damage.

 

Historically Denbighshire County Council adopted a Planning Compliance Charter (appendix 1) which set out how the Council would investigate planning control. Breaches were rated from Priority 1 to Priority 4. If harm were identified it could result in a Notice, with right to appeal. Continued breaches would constitute a criminal offence with the rights of the Authority to prosecute or undertake work in default.

 

Concern had been raised over the lack of resources and consequent performance of the Planning Compliance Function. The report set out data of the caseload of Denbighshire’s Planning Compliance Officers, with comparison to those of adjacent Local Authorities. It was suggested that the Planning Compliance Charter be updated to reflect that caseload and protect the Council from further complaints and allegations of maladministration.

 

Responding to Members’ questions the Development Manager advised:

 

·       Retrospective planning applications were assessed on acceptability. Where they failed they would be subject to a breach of Planning Control, when applicable an enforcement notice would be served.

Similarly, where a planning application had been granted with conditions, failure to meet those conditions would also result in a breach of Planning Control.

·      During the process of enforcement in court the Authority would need to prove that harm had been committed.

·      The Planning Compliance role was a discretionary function of the Council and not one that generated income. Outsourcing the service would have a significant financial impact on the Council.

·      There were two vacant posts within the Planning Compliance section, one of which was awaiting authorisation for recruitment.

·      Other local authorities were also experiencing issues which had led to the Welsh Government proposing to increase planning application fees over the next few years, with the potential to introduce an increased fee for retrospective planning applications.

·      There was a need to manage expectations of reported breaches given the number of back cases against the resources to deal with them – priority would need to be given to level 4 incidents and update the Charter accordingly.

·      If the public considered that there had been a maladministration on the part of planning compliance there was the option to report it to the Public Services Ombudsman for Wales. Updating the Charter to include more manageable timelines would offer protection against that.

·      More enforcement notices had been served by Denbighshire over a given period than any other local authority in North Wales. The serving of an enforcement notice was deemed to be sufficient action in itself under the guidance – resulting in a Land Charge on the property.

·      Communication with local members regarding updates on planning breaches in their area could be improved.

·      Unlike planning applications, enforcement notices were not publicly available.

·      Shared Prosperity Funding had previously been provided for two Place Improvement Officer posts to focus on town centre blight. Authorisation had been approved to extend one of those posts until March 2025. Investigation would be required to source external funding to extend that role further into the future.

·      It was, yet, unknown what impact the proposed National Park would have on the relevant Local Planning Authorities.

 

Members raised concerns that given the number of backlog of cases that the Authority had, the subsequent negative impact of not recruiting to one of the Planning Compliance Officer vacant posts.

 

It was proposed that local members be kept informed on the progress of breach complaints in their area, particularly where enforcement notices had been issued, to be able to update complainants and alleviate the pressure on compliance officers’ administrative tasks.

 

The Lead Member understood the concerns raised over the resources available for the Planning Compliance function, agreeing that ideally a cohort of 4 officers would be required to deal with existing caseloads. However, the Authority were under unprecedented financial pressures and that number of officers was unrealistic, it was more sensible to update the Charter to reflect this.

 

The Committee recommended that a review was brought back to Communities Scrutiny Committee in June 2025 as an update report regarding the impact of the revised charter and resources allocated to the Planning Compliance Function.

 

Having given the opportunity for all members of the committee to ask questions the Chair allowed a member observing the meeting – Councillor Mendies - to contribute to the discussion.

 

Councillor Mendies noted that whilst investigations of breaches were not chargeable, forcing breachers of planning to submit planning applications retrospectively or alternatively fining them for doing so could generate income.

 

The Development Manager responded that very few of the ongoing cases would warrant a planning application to be submitted to remedy the situation. Those cases which conditions were breached would not fall within that category. Undertaking enforcement actions was costly not only in terms of investigation but sometimes required the input of project management and ultimately legal services or undertaking the works in default. The Planning Compliance service would not ‘pay for itself’, it was not fee earning and a discretionary service.

 

Councillor Merfyn Parry proposed the following recommendation:

 

“Due to the limited resources currently available in planning enforcement, both in terms of staffing and finance, I recommend that Denbighshire County Council adopts a more transparent and collaborative approach by informing local members of all planning enforcement notices issued.

 

Specifically,  the following is proposed:

1.    Notification to Local Members:

·       Local members should receive a summary of all planning enforcement notices sent out within their ward. This notification should include the nature of the enforcement, the timeline for compliance, and potential outcomes if compliance is not achieved.

2.    Ongoing Updates:

·       Updates should be provided to local members on the progress and outcomes of these enforcements, ensuring they remain informed of any developments or resolutions.

3.    Benefits of the Recommendation:

·       This approach would enhance transparency and enable members to assist constituents in understanding the implications of enforcement actions.

·       It would help manage expectations and reduce confusion or complaints regarding enforcement processes.

·       By keeping local members informed, the Council can better utilize the collaborative relationship between officers and elected representatives to ensure compliance and effective resolution of planning breaches. By implementing this recommendation, the Council can strengthen its planning enforcement processes, improve communication with local communities, and make the most effective use of its limited resources.”

 

RESOLVED that the Communities Scrutiny Committee:

      i.         endorses the new version of the Planning Compliance Charter;

    ii.         supports officers’ intention to present the final version of The Charter for Lead Member approval;

   iii.         requests that an update report regarding the impact of the revised Charter and resources allocated to the Planning Compliance Function be presented in June 2025 and

   iv.         requests that going forward all local members should receive a summary of all planning enforcement notices sent out within their ward. Updates should be provided to local members on the progress and outcomes of those enforcements, ensuring they remain informed of any developments or resolutions.