Agenda item

Assurance Around the Arrangements in Place for Members to Refer Planning Applications to Plans Panel for Determination and the Governance Arrangements for Enforcement Proceedings

To consider a report by the Chief Planning Officer which seeks to provide assurance around the arrangements in place for Members to refer planning applications to Plans Panel for determination and the Governance arrangements for enforcement proceedings.

 

 

(Report attached)

 

 

 

 

 

Minutes:

The Chief Planning Officer submitted a report in response to Members’ request for assurance around the arrangements in place for Members to refer planning applications to Plans Panel for determination and the governance arrangements for enforcement proceedings.

 

The report explained the context for decision making on planning applications in England and described the functions delegated to the Chief Planning Officer in relation to determining planning applications and also provided further detail and assurances around the operational process for Members to request the referral of items to the Plans Panel for determination.

The report also referred to the governance arrangements for dealing with enforcement proceedings, providing assurances round the transparency and robustness of existing processes.

Members queried if all Council Members (99) were aware of the procedure for referring planning applications to Plans Panel for determination.

The Head of Development Management, City Development informed Members that the procedure was to be included on a page on the forthcoming Members “Share Point” site.

Members suggested that a short guide to planning referrals would be helpful for Members; including information relating to material planning considerations.

Referring to Enforcement Proceedings, Members queried if enforcement action was ever taken against the City Council, if they were the owners of the land. 

 

Members were informed that the City Council would not normally pursue action against itself and it would depend upon the nature of the breach. If a third party was involved, then they may be pursued. If the land was owned solely by the local authority, they had landlord responsibilities and would seek to address the issue through negotiation and discussion with the relevant departments to secure compliance. 

 

Members requested that future assurance reports include information in relation to enforcement activity on council owned land.

 

Members asked whether cumulative impact was a consideration in respect of de minimis breach for example in relation to “Airbnb” type operations (An online marketplace for arranging or offering lodgings) suggesting that over time such operations may cause issues in terms of removing family accommodation from use.

 

Members were informed that action could be pursued but a change in use of the premises would need to be demonstrated. In terms of cumulative impact, it was explained that the Council has addressed this in certain circumstances such as for creation of HMOs from dwellings, and taken away Permitted development rights to change between them in parts of the city, but that for

Air BnB uses this would be difficult to achieve since there was no change of use if there was no change in character. 

 

 

Commenting on the “Enforcement Activity across the UK Core Cities” (Page 87) it was noted that Leeds issued far more enforcement notices than the other Core Cities.

 

Members were informed that a great deal of work was involved when producing an enforcement notice and this may be a deterrent to other smaller authorities.

 

It was noted there were very few stop notices issued.

 

Members were informed that such notices had been served, just not within this particular period (a notice has been served since the end of the period). It was explained that  in order to serve a stop notice, there was a need to demonstrate significant ongoing harm to amenity. 

 

The Chair thanked Mr Carr, the Head of Development Management, for his attendance and contributions

 

RESOLVED – To note the assurance provided in the submitted report and the need to provide additional assurances in the referral process

 

Supporting documents: