Southern Enforcement Officer Group

MINUTES of MEETING

Chigwell Hall, Essex

Jim Lynn welcomed everyone and outlined the programme for the day. He thanked Basildon for sponsoring the meeting, with particular thanks to Gordon Nisbet and his colleague, Neil Costen, for co-ordinating the arrangements. Jim then had the pleasure to introduced Councillor Stephen Hillier, Portfolio Holder for Regeneration and Environment on behalf of Basildon District Council.

9.45 a.m.

Welcoming Address

Councillor Hillier on behalf of the sponsoring authority welcomed delegates to the meeting. He drew attention to a number of planning issues affecting local authorities in general. Basildon, like many other authorities, has problems with travellers and he stressed the need for a co-ordinated approach from all Councils to overcome these problems. Councillor Hillier complimented the group for both its efforts in forming a self help group and for the quality of the agenda for the day ahead.

10.00 a.m.

Minutes of the Previous Meeting

Agreed.

Forthcoming meetings:-

• 12th March 2004 at Bushey, Herts which is being sponsored by Reigate and Banstead Borough Council, and on the
• 2nd July 2004 at Imber Court, East Molesey to be sponsored by Tandridge District Council.

PLEASE NOTE: a volunteer authority is URGENTLY required to sponsor the meeting which it is proposed to convene late November/December 2004 - If you can assist, you are asked to contact Jim Lynn (01276 707203).

10.15 a.m.

SEOG WEBSITE: Paul Corbett (Web Master) Bracknell Forest Borough Council.

Paul made a brief presentation outlining both existing and proposed features of the SEOG web site. It is the intention to make available a 'secure' area in which delegates, by means of an agreed password, may gain access to sensitive/confidential material. Paul is constantly exploring ways in which to make the content and format of the web site of increased benefit to the user. Paul requested the assistance of delegates by way of constructive criticism and suggestions as to additional subject matter or useful links. Please note that the web site is now accessible via both www.seog.e-planning.co.uk and www.seog.co.uk

Jim Lynn, on behalf of the group, thanked Paul for all his hard work since assuming the role of web master and wished to publicly acknowledge the marked improvement in both the style and content of the web site. Both Paul and Jim emphasized the importance of the web site as a resource for group members. A plea was again made for all participating authorities to register their details with the web master, this will assist in the organisation of future events.

Please note that the Federation of South West Enforcement Officers also have a web site which can be accessed on www.swenforce.org.uk

PLANNING AND ENFORCEMENT: CURRENT ISSUES - Martin Chick, University of West of England, Bristol.

Martin outlined the importance of making the Planning Delivery Grant work for you and the need to ensure that it is spent wisely for the benefit of the planning process as a whole. In Martin's view this applied to the improvement of the enforcement function and should not be confined to the process of planning authorities in achieving the eight week turn around of planning applications. Look at ways of improving systems to reduce workload, ask the question "does action have to be taken?" Endeavour to educate those representing local residents, namely, Parish/Town Councils, and of course members of the Local Planning Authority about the planning process. Particular regard should be given to understanding the considerations required leading to the taking of enforcement action. I addition, both the need for and wording of planning conditions should be addressed. Martin spoke of the benefit in collating 'facts and figures' relating to the work of enforcement staff to thereby assist requests for the award of grants and distribution thereof.

From the chair Jim informed the meeting that Surrey Heath Borough Council had identified part of the Planning Delivery Grant to fund the services of an additional member of the Enforcement team.

11.30 a.m.

Refreshments

11.45 a.m.

CONSULTATION DOCUMENT - PLANNING ENFORCEMENT - Vivien Green, Consultant for Trevor Roberts Associates.

Vivien Green reviewed some of the changes that may be covered by the consultation document when it is published. There have not been many changes over the last 20 years with regard to the complexity of the enforcement process. It is hoped that the new document will address some of these issues. She advised putting into place systems that maximise assets and of the need to readily illustrate provision of an effective enforcement service. Vivien was robust in her belief in the importance of taking effective and relevant action by practitioners to thereby raise the profile of Enforcement within the Planning regime. Such action to include adherence to accepted good practice procedures.

Notes of Vivien's presentation are annexed to the Minutes.

13.00 p.m.

Lunch

14.00 p.m.

MATERIAL CHANGE OF USE - Vivien Green, Consultant for Trevor Roberts Associates.

Vivien stressed the importance of getting the definition of a 'material' change of use right. Gave a number of examples of how legislation can be used to take action further. She suggested that a good means of assessing whether or not an activity could be recognised as being ancillary to the primary use was that of a parasite i.e. a parasite cannot exist without its host. If the relationship could not be said of the given activity to that of the primary use, then it should not be regarded as ancillary. Vivien made comment of the fact that there are no powers within the Advertisement Regulations for the removal of unlawful advertisements. She advised that in such cases consideration may be given to the taking of enforcement action. NB Unlawful advertisement may be dealt with via Magistrates court prosecution. The Disorderly Behaviour Act 2003 has increased the level of fine for such offences.

Notes of Vivien's presentation are annexed to the Minutes.

15.00 p.m.

Refreshments

15.15 p.m.

BUILDING CONSERVATION AND ENFORCEMENT - Robert Scrimegour, Conservation Architect at Maldon District Council.

Robert set out the reasons why enforcement action should be taken in respect of listed buildings. He specified under which legislation action may be taken. Robert reviewed the procedures involved in serving notices and subsequent prosecutions. He showed a number of examples of listed buildings that had been demolished or altered without consent. Unfortunately Robert's intended power point presentation had to be abandoned in favour of O.H.P. Jim, on behalf of the group, thanked Robert for the way in which he both coped with the technical difficulties and gave an excellent and highly enjoyable lecture.

Notes of Robert's presentation are annexed to the Minutes.

16.15 p.m.

Close of Meeting

Jim thanked all the day's speakers, hoped everyone had enjoyed the day and brought the meeting to a close.