Southern Enforcement Officer Group

MINUTES of MEETING

METROPOLITAN POLICE SPORTS CLUB BUSHEY HERTS

10.00 - WELCOME ADDRESS

- Councillor Neil Payne, ,Leader of Hertsmere Borough Council, welcomed delegates to the meeting. He spoke of the various problems common to most Local Planning Authorities located within the South of England. He went to expressed his view ( based upon many years experience as a member of an area planning committee) that for the planning system to gain the respect of the public, an effective and efficient enforcement presence was essential. He recognised that the work often involved dealing with highly contentious matters and wished to record his admiration of all those involved. Clr Payne complimented the group on the content of the agenda and hoped all present would enjoy the day. Jim Lynn thanked Clr Payne for the sincerity of his remarks and for taking time out from his busy schedule.

10.15 - MINUTES OF LAST MEETING

- Jim Lynn welcomed everyone and thanked them for their support. He also expressed his gratitude to Herstmere BC for sponsoring the meeting and, in particular, to Rona Marks and Mick Mash their efforts in setting up the days event.. Jim invited comments on the minutes of the meeting held on 12th July 2002, hosted by Surrey County Council. The minutes were taken as read. Delegates were informed of the dates and venues of the meetings for 2003: 14th March-Uxbridge (hosted by The London Borough of Hillingdon) the day will include presentations on the Heathrow Airport 5th terminal public enquiry, Planning appeals, the Vehicle Inspectorate and Planning Law by Anthony Lavers ( Barrister at law) 4th July - Imber Court - at which it is hoped that Mr. Bill Rammell M.P. ( Harlow ) will speak on the subject of unauthorised gypsy encampments. Also Ms. Linda Russell ( Solicitor) planning law. 5th December - Chigwell - to include presentations by Vivienne Green ( lecturer for Trevor Roberts Ass.) and Robert Scrimgeour , conservation/Listed Buildings repairs notices etc ( further enquiries on behalf of the group are in hand to identify additional speakers to appear at the above listed meetings) Jim made a request that participating authorities assisted in the running of future meetings. As can be seen from the above details, the provision of venue/speakers does not pose a problem to a prospective 'sponsor'. It is essential to the continued existence of the group that the assistance of 'sponsor' authorities is forthcoming. On a lighter note, Jim reminded officers to use the SEOG web site (www.seog.e-planning.co.uk) and to provide the Web Master ( contactable via the web site) with the full E mail address of participating Authorities. This information is necessary in order to maximise the use of IT and thereby reduce the current administrative work load. In regard to the web site Jim informed delegates that it is hoped to introduce further useful features, such as, a secure section to enable sensitive information to be accessed. Jim commended delegates to make use of the web site set up by The Federation of South West Enforcement Officers web site (www.swenforce.org.uk).

10.40 - ROBERT SCRIMGEOUR - CONSERVATION OF HISTORIC BUILDINGS & ENVIRONMENTS

- Robert Scrimgeour gave a presentation on historic buildings, with examples of buildings and other landmarks destroyed in the last century. He explained the criteria for Grade 1 and 2 listed buildings and that 93% of listed buildings were classed as Grade 2 (town houses, farms etc). Grade 1 status being attributed to such as, cathedrals and castles. All surviving buildings built prior to 1700, , are automatically listed by virtue of their age. The majority of buildings built between 1700 and 1840 are also listed. However, only selected examples built after 1840 are listed. Prosecutions in respect of unauthorised work carried out to listed buildings are few in number as breaches of the legislation can be difficult to prove. In an effort to overcome some of the difficulties it is recommended that Councils set up photographic databases of all listed buildings located within their area.

A copy of Robert's presentation is available at the bottom of this page.

11.50 - LINDA RUSSELL - RESIDENTIAL USES AND THE USE CLASS ORDER

- Linda commenced her presentation with the definition of development, as set out in S.55 of the Town and Country Planning Act. She also defined the meaning of a material change of use, she referred delegates to both the enabling act and The Use Classes Order,1987. Reference was also made to The General Permitted Development Order, 1995. Linda discussed the problems experienced in dealing with cases alleging the use of premise for multiple residential occupation (HMO). Linda concluded her presentation by answering various questions posed by delegates. A copy of Linda's presentation can be viewed at www.seog.e-planning.co.uk. Jim Lynn reiterated the importance of having a list of useful critera ( to assist in identifying the use of a property as a House of Multiple Occupation (HMO) this information could be made available via the web site. Linda agreed to supply same on the understanding that it should not be considered to be either definitive or exhaustive. Jim thanked Linda for her presentation and for agreeing to speak at the July, 2003 meeting In response to a plea by Ken Vaughan of South Northamptonshire Council, Jim Lynn asked delegates to forward examples of unenforceable planning conditions to assist Ken with a forthcoming internal staff seminar. Gordon Nesbitt, of Basildon BC informed delegates that they had recently lost an appeal relating to an unauthorised gypsy encampment, however, Basildon intended to mount a challenge to the decision in the High Court. Gordon expressed his wish on behalf of his authority to 'network' in order to put pressure on central Government to change present legislation. ( see reference to possible presentation by Bill Rammell M.P. )

14.05 - Jim Lynn informed delegates of a vacancy for a Planning Investigations Officer at Mid Sussex Council, to be based at Haywards Heath. Please note that job vacancies may be advertised on the S.E.O.G. web site.

14.10 -NICK RICHMOND NATIONAL INTELLIGENCE OFFICER CUASTOMS AND EXCISE- ROAD FUEL CONTROLS AND RELATED SUBJECTS

- Nick Richmond explained the structure of Customs & Excise in terms of fraud investigation and tactical intelligence. He talked about the problem of illegal diesel, in terms of the threat to the country, the economy and the public. Nick concluded his talk by answering question from delegates. He commended delegates to contact their area Customs and Excise office in order to seek assistance wherever appropriate.

A copy of Nick's presentation can viewed at the bottom of this page.

15.15 - JEFF KNOWLES, ENIGMA LTD - SURVEILLANCE & COUNTER MEASURES

- Jeff engaged the interest of delegates by way of a demonstration using a range of both covert and overt surveillance equipment. This included, close circuit television cameras attached to the likes of lamp posts, sides of buildings, and microscopic cameras that could be inserted into such as a smoke detector or secreted upon the person i.e. a button hole/ tie pin camera. Jeff commended the services of his company to delegates and offered to visit offices of participating authorities in order to discuss individual requirements and pricing.

A copy of Jeff's presentation can be viewed at the bottom of this page.

15.50 - CLOSE OF MEETING SEE YOU IN UXBRIDGE NEXT YEAR!

Don't forget.. volunteers please for the meetings in July and December,2003.

A Special Note from the Chair:

On behalf of the group I feel that it is incumbent upon me to remark on the statement made by a delegate at the conclusion of the presentation given by Mr. Nick Richmond. It was alleged that both during an earlier open forum session, and in the course of Mr. Richmond's talk, prejudicial remarks were made relating to persons of Irish origin. As delegates who attended the meeting will recall, a response to the accusation was made from the chair. However, I wish to confirm that at no time have the organisers of the group knowingly condoned any behaviour/remark intended to cause or liable to provoke racial or ethnic prejudice. I remain of the believe that during the meeting held on the 6 December only statements based upon fact were made and that at no time were any remark(s) made having been intended or liable to incite such prejudice. Should at any future meeting ad elegate be found to behave or speak in a manner intended to incite said prejudice, they will, subject to the democratic consent of the members present, be expelled from attending any future meeting. At the conclusion of the meeting of 6 December I, on behalf of S.E.O.G, apologised to Mr. Richmond for the untimely interruption to which he was subjected. At any future meeting should a delegate wish to voice his/her concern, relating to the conduct of the meeting, they will be required to speak direct to the chair and to do so during an interval in the proceedings. In appropriate cases, immediate action will then be taken in order to address the matter so raised.

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>>The following letter has been recieved...from Hertfordshire County Council in response to both events of the meeting and comments from the Chair. [ Posted 05 Feb'03 ]

Letter dated: 27 January 2003

Dear Mr Lynn,

RE: SOUTHERN ENFORCEMENT OFFICERS GROUP MEETING - 6th DECEMBER 2002

I am writing to you regarding the 'foot note' attached to the minutes of the above- mentioned meeting regarding the incident of racial prejudice that involved an employee of the County Council and the subsequent telephone conversation questioning the background and motivation of Karen Bolton-Tomlinson.

The County Council in subscribing to the standards of the Commission for Racial Equalities encourages its staff to be open and challenging where they perceive incidents of racial prejudice to have occurred, either to them personally or in general. That being the case, rather than admonishing her, Karen should be applauded for having the courage to stand up and speak out.

While I can accept that as the organisers of the group would not knowingly condone racial remarks of any guest speaker, I am concerned at your suggestion that because, in your opinion, no intent was meant, that no offence should be taken. I would draw your attention to the Commission for Racial Equalities definition of a racist incident as described within the Macpherson Report 'A racist incident is an incident, which is perceived to be racist by the victim or any other person'. Therefore, in this particular case, that Karen felt that she had been subjected to racial prejudice is sufficient in itself to indicate that it had occurred and is not a matter of dispute or democratic consent as to how or if the incident should be dealt with.

As such I do have some misgivings regarding the proposed procedures to deal with similar instances should they occur especially in relation to the indication that issues can only be raised at limited times and that it is for the Chairman to decide if the complaint is valid or not. Clearly this procedure does not meet the requirements of the Commission for Racial Equalities.

While I can accept that you may have felt the need to apologise to Mr Richmond on behalf of the Group, I am somewhat surprised and disappointed that Karen has not been afforded the same consideration either personally or within the minutes of the meeting. Both the tone and wording of the 'footnote' to the minutes of the Group Meeting imply in some way that she was in the wrong and that incidents of this kind should not be addressed within a public forum and clearly this is unacceptable. I believe that Karen should be afforded the same consideration as that of Mr Richmond and should receive both an apology and the unconditional support of the Southern Enforcement Officers Group for having the courage to speak out.

With regard to the issue of Karen's background I am of the opinion that this is of no relevance in this situation and with respect to her motivation I would suggest that she is fulfilling the aspirations of the County Council admirably. I would add that as Hertfordshire County Council adheres to the Standards of the Commission for Racial Equality, it cannot condone and will not tolerate a situation whereby any of its employees attending formal meeting on its behalf are subjected to racial prejudice.

Yours sincerely,

Team Leader Development Control

Hertfordshire County Development Unit, County Hall, Hertford, Herts, SG13 8DN