Agenda item

To consider a report by the Chief Planning Officer which presents the Annual Assurance report on planning decision making and enforcement arrangements. The report seeks to provide assurance that development management decision making arrangements and compliance matters are, up to date, fit for purpose, effectively communicated and routinely complied with.

(Report attached)

The Committee consider a report by the Chief Planning Officer which presented the Annual Assurance report on planning decision making and enforcement arrangements.

The report sought to provide assurance that development management decision making arrangements and compliance matters were, up to date, fit for purpose, effectively communicated and routinely complied with.

This item was the subject of a separate Working Group held on 7^th September 2020 when Members discussed the submitted report in detail.

The Chair tabled the notes of the Working Group setting out details of Members’ consideration of the matters raised.

Members were supportive of the proposal for the Chair to write to the Chief Planning Officer inviting him to draft a protocol for enforcement of breaches of planning control on Council land which did not rely on formal enforcement action and which should be adopted by the whole council and to also write to the Chief Executive to seek support in ensuring that departments complied with the new protocol once agreed.

Members were also supportive of the proposal to request that the Protocol on Public Speaking at Plans Panel be reviewed with particular regard to Members’ rights to speak at Plans Panel, and that the Chief Planning Officer confirm the process for doing so and that the Plans Panel Chairs be engaged in the review.

In offering comment on the planning decision processes one Member said that he was not confident with the present arrangements; often officers were reluctant to investigate complaints, advice about planning processes was often vague, there was a pattern of behaviour suggesting that the public could not rely on what they were been told.

Other Members were of a similar view and sought further assurance in relation to the processes considered. In particular Members wished to understand if there were any emerging themes in terms of the provision of advice to the public and whether complaints are adequately addressed.

The Head of Audit offered to undertake a formal review of the planning decision making processes together with the enforcement arrangements, including the case studies identified by Members (Kirkstall Hill application and the proposed construction of 152 affordable dwellings on the former Horsforth Campus site) and that the results of the review be reported back to this Committee in due course.

Members were supportive of the suggestion.

The Chair thanked officers for their attendance and contributions.

RESOLVED –

(i)  To support the Chair in writing to the Chief Planning Officer to inviting him to draft a protocol for enforcement of breaches of planning control on Council land which does not rely on formal enforcement action and which should be adopted by the whole council and undertook to write to the Chief Executive to seek support in ensuring that departments complied with the new protocol once agreed

(ii)  To request that the Protocol on Public Speaking at Plans Panel be reviewed with particular regard to members’ rights to speak at Plans Panel, and that the Chief Planning Officer confirm the process for doing so and that the Plans Panel chairs are engaged in the review

(iii)  That the Head of Audit be requested to undertake a formal review of the planning decision making processes together with the enforcement arrangements, including the case studies identified by Members and that the results of the review be reported back to this Committee in due course.