Southern Enforcement Officer Group

MINUTES of MEETING

Imber Court, Molesey, Elmbridge

Jim Lynn welcome everyone to the meeting and thanked Ann Biggs, Matthew Grahams and everyone else from Elmbridge Borough Council who had been involved in the organisation of the meeting.

The next meeting would be held at Chigwell in Essex on 5^th December, 2003.

9.45 a.m.

Welcoming Address

Councillor John Bartlett, Portfolio Holder for Regulatory Affairs at Elmbridge Borough Council welcomed everyone to Elmbridge.

Councillor Bartlett outlined the history of development within Elmbridge, and the unique position of the Borough being bordered by the River Thames, River Wey, River Mole and the M25.

Some of the current issues facing planners within Elmbridge were the fast growing population, individual communities, high property prices, large amount of common land and lack of affordable housing.

Councillor Bartlett outlined a case study at Brooklands in Weybridge to demonstrate some of the issues facing planners, enforcement officers and the elected Members in Elmbridge.

10.00 a.m.

Minutes of the Previous Meeting

Agreed. Jim Lynn made the following comments:-

• Minutes were available on the website and would in future be done in a ‘broad brush’ style.

• Paid tribute to Ray Searle of Mid Bedfordshire District Council who was retiring. The group wished him well for the future.

• Thanks to Mid Bedfordshire DC, Maidstone DC, East Dorset DC, Wealdon DC and Malden DC for their help in compiling the Traveller Encampment report.

10.15 a.m.

Planning and Compulsory Purchase Bill – Bernard Webster (Dean of the Faculty of the Environment at Portsmouth University)

Bernard Webster explained the changes in local authority planning as a result of the Compulsory Purchase Bill and the implications it would have on Planning and Enforcement officers.

The changes included the move away from the current complex plan system adopted in 1991 and the move towards a two tier system. The two tier system would comprise Regional Spatial Strategies and Local Development Frameworks.

Changes would also be made to the planning process, including the reduction of a period of permission from 5 years to 3 years and the trial of the statement of development principles which, if successful would replace outlined planning permission.

Enforcement was recognised as the area which made the planning system credible. The Government had recognised the heavy workload on enforcement officers, but considered the current powers adequate and sufficient, the problem was seen to be a lack of resources.

- For full details, please see the speaker’s notes.

11.15 a.m.

Refreshments

11.30 a.m.

Planning Conditions and the Problems of Enforcing Them – Stephen Job, Part-Time Planning Inspector

Stephen Job outlined the reason that conditions were introduced into the planning process, and the constraints on the use of conditions.

Enforcement of conditions became difficult when unnecessary or poorly worded conditions had been applied to a planning permission. It was very important to ensure that all conditions were necessary and worded clearly.

Advice was given on when to use an enforcement notice, a stop notice and a breach of condition notice and the advantages and disadvantages of each.

- For full details, please see the speaker’s notes.

13.00 p.m.

Other Queries – Jim Lynn

Jim Lynn outlined other queries that had been received on planning enforcement issues prior to the meeting and where appropriate, answers were given as outlined below:-

1. Mark Turner at Slough Borough was having problems with the prosecution of advertisements with a developer called Kings Oak. If anyone else had experienced problems with this developer, could they please contact Mark at Slough. If anyone else experienced similar problems they were encouraged to place details on the website.
2. South Northamptonshire District Council was experiencing a problem with a company called Hartwell Limited who were selling plots which had issues with Travellers. If anyone knew anything about this company, could they please let them know. They also asked if anyone had used article 4 with regard to the subdivision of plots and erection of fences to contact them.
3. Wealdon District Council were compiling a letter to local MP’s emphasising problems caused by site divisions into plots. If anyone had experienced or were experiencing problems in this regard please contact Dave Phillips at Wealdon District Council.
4. If anyone knew of any speaker who would be appropriate to give a presentation on the Freedom of Information Act, please contact Jim Lynn at Surrey Heath District Council.
5. A response to a question on ‘O’ licences raised at the last meeting was now on the website.
6. If anyone was experiencing problems with estate agents and the advertisment of school fates etc, please contact Epping Forest District Council.
7. If anyone was aware of an influential speaker to talk on Traveller encampment, please contact Jim Lynn. – The Enforcement Group also agreed to set up a Sub-Committee to look at Traveller issues, if anyone was interested in being on the Sub-Committee, contact Jim Lynn.

13.15 p.m.

Lunch

14.00 p.m.

Relevant Planning Law Topic – Harriet Townsend, Planning Law Barrister

Harriet Townsend outlined the implications of the Porter Judgement and the background to the case.

Details were also given on planning injunctions and other enforcement issues, including the use of the County Court and the High Court.

- For full details, see the speaker’s notes

15.00 p.m.

Refreshments

15.15 p.m.

Non-Compliant Business – Dave Taylor and Dianne Shirley, Officers from the Non-Compliance Unit at HM Customs and Excise

Dave Taylor outlined how business were charged VAT and how much VAT they were liable to pay. The non-compliance unit dealt with unregistered businesses and unregistered workers by carrying out visits and audits, acting on information received from other organisations, drive bys, newspapers and local advertisements.

Businesses that failed to register or did not fully detail their turnover were likely to be builders / fencers, catering / leisure, hotels and Bed and Breakfasts, pubs, taxi firms, market traders, antique dealers, second hand car businesses and cash businesses.

Carousel fraud was the biggest fraud in the Country at present and this involved fraudsters making millions of pounds through tax evasion.

Useful HMC&E Contacts:

• National Advise Service – 0845 010 9000
• Customs Confidential Hotline – 0800 595 000
• HMC&E website – www.hmce.gov.uk

- For full details, see the speaker’s notes

16.30 p.m.

Close of Meeting

Jim Lynn thanked everyone for attending and all of the speakers for the day.