Agenda item

Report LDS198 of the Business Manager – Legal and Democratic Services

(Enclosure)

The Business Manager – Legal & Democratic Services presented report number LDS198 on the changes to the Corporate Enforcement Policy and other policies.  The purpose of the report was to provide Members with an awareness of the revised draft Corporate Enforcement Policy (CEP) and of the changes to other policies that required updating.

Members of the PDG were being asked to consider the draft revised Corporate Enforcement Policy (CEP) and make a recommendation to the Executive Member for Governance to approve the adoption of these policies. 

The PDG was informed that the Corporate Enforcement Policy (CEP) provided a single over-arching policy containing key factors and principles common to all aspects of enforcement undertaken by the Council.  The aim was for a consistent approach that would ensure good practice when enforcement activities were undertaken.  Fair and effective enforcement was essential to protect economic interests, public health and safety and the environment.  The Corporate Enforcement Policy (CEP) was supported by a number of service specific policy documents that set out greater detail in respect of the enforcement practice for each particular service area.  This would ensure consistency across all services as well as with the Corporate Enforcement Policy (CEP).   Each service enforcement policy included a reference to the Corporate Enforcement Policy (CEP) as well as updated web links to all the relevant policies, regulations and procedures.

The review of these policies also reflected the changes in the organisational structure in respect of the Neighbourhood Team as well as the changes of remit within the wider Environmental Services Team.  As a result of this it had been considered appropriate to have one service specific enforcement policy that covered Environmental Services and Waste and Recycling.  This change was reflected in the Environmental Services Enforcement Policy. 

Service specific policies covered were:

·                 Development Management

·                 Building Control

·                 Environmental Services

·                 Debt and recovery

·                 Waste and Recycling

Members discussed the following:

Whether there was a swifter way of undertaking an enforcement and what legal impact the enforcements had;

The consistency of enforcements and the public perception of whether the same process had been followed for a listed building or a private dwelling. (An example was provided)

That there did not appear to be much weight around conservation areas in the table on page 8 of the draft Management Enforcement Policy and whether this should be included

The consistency around Tree Preservation Orders (TPOs) and trees being cut down without permission – how was this enforced; how would a tree that had been cut down be replaced, would it replaced by an established tree or a sapling;

Whether fines and cautions had any impact; that cautions did carry some status as they would remain on a person’s record which could be used against them should a further offence be committed and how this was applied to companies who may potentially commit a breach of the law;

The procedure used for dealing with the pursuit of enforcements; whether there were specific timelines and how these were monitored; how much evidence was required and how this could affect the timelines

Whether satellite dishes were included in any of the categories of enforcement;

Action Notes:

Consideration is given to the inclusion in the Development Management Enforcement Policy of a separate heading for conservation area into the column that is entitled “Type of Breach” in the priorities table at page 8 of the policy, and

That the Members of the Resources PDG are provided outside the meeting with information regarding the timelines when dealing with enforcement issues.

Recommendation:

That the Resources PDG recommends that after taking into account the action note above regarding inclusion of the conservation areas in the Enforcement Policy, the Corporate Enforcement Policy (CEP) and associated service Enforcement Policies as outlined in the appendices are approved and adopted by the Executive Member for Governance.