Southern Enforcement Officer Group

MINUTES of MEETING

Bushey, Herts

Jim Lynn welcomed everyone to the meeting and praised the level of attendance in light of the adverse weather conditions. He thanked Reigate and Banstead Borough Council for sponsoring the meeting, particularly Dee Woods and her Enforcement colleagues for their enthusiastic assistance. Jim then introduced Councillor Stevenson, Chairman of Planning Committee at Surrey Heath Borough Council. In the absence of a representative of the sponsor authority, Councillor Stevenson had agreed to make the opening address.

MINUTES OF PREVIOUS MEETING (available on group website)

Agreed.

Forthcoming meetings:- 2nd July 2004 at Imber Court, East Molesey to be sponsored by Tandridge District Council, and on 26th November 2004 at York Club, Windsor Great Park to be sponsored by Slough Borough Council.Amongst other subjects on the agenda for the next meeting (See web site for details ) will be an item on the new Hedgerow legislation, this is expected to come into force later this year.An announcement was made on behalf of Chelmsford Borough Council relating to a forthcoming Seminar on Traveller Needs. For more information contact Christine Lyons 01245 606511.

TAKING THE FEAR OUT OF STOP NOTICES- Linda Russell

Linda outlined the relevant legislation under which Stop Notices are served and drew attention to the good practice guide. She considered them to be an extremely useful tool in the armoury of Enforcement and one which is under utilised, mainly due to ignorance of the relevant law/ guidance. Stop Notices are particularly appropriate in instances where serious harm to amenity is identified and speed of action is required. Linda gave a number of examples of unacceptable activities where Stop Notices could be used, but stressed that in cases involving the use of a building for residential accommodation the use of a Stop Notice is prohibited. Prior to the issue of a Stop Notice a detailed cost - benefit assessment is undertaken. It is essential that both the Stop Notice and the accompanying Enforcement Notice are checked for accuracy prior to service.

Notes of Linda's presentation are attached to these minutes.

CHANGES TO THE ADVERTISEMENT REGULATIONS - Chris Thomas, Secretary of Outdoor Advertisement Council.

Chris outlined the role of the Outdoor Advertising Council in particular it's stance against rogue or 'cow boy' operators. All adverts are assessed on amenity and public safety grounds, the penalty for unlawful advertising is max of £2,500. ( recently revised ). The Outdoor Advertisement Council have always supported formal action against unauthorised adverts in the belief that this approach will encourage genuine companies not to put up illegal poster panels. Chris showed a number of slides to illustrate the use of advertisement in various locations and sought opinion from the audience as to the precieved impact upon amenity.

Notes of Chris's presentation are attached to these minutes.

MAKING THE PLANNING INSPECTOR YOUR BEST FRIEND - Andy Kirby, Planning Inspectorate.

Andy gave advice on what Inspectors are looking for when dealing with appeals. Appeal paperwork must be concise, contain all relevant information and above all be submitted within the relevant time scale. He reminded everyone to use the model form for Enforcement Notice appeals, ensuring all parts are correctly completed. Do make clear if the alleged breach of control results mixed uses , include all component parts and provide as much evidence as possible to assist the Inspector in making his/her decision.

Notes of Andy's presentation are attached to these minutes.

RIGHTS OF ENTRY AND PACE - Richard Banwell

Richard gave advice relating to powers of entry and the collecting of evidence. Make sure you are precise and evidence must be relevant to the case being investigated. PACE defines powers of entry and has been supplemented by various codes of practice. He suggested that more use should be made of Code B when exercising statutory powers of entry. Sometimes not clear when a visit to obtain information become a search therefore necessitating the application of a Code B notice.Richard agreed to research and reply upon the ability of Enforcement officers to use reasonable force to gain entry onto land/premises in cases where an entry warrant has been obtained.

NB. A sample of a Code B notice will be placed onto the web site.

Notes of Richard's presentation are attached to these minutes.

CLOSE OF MEETING

Jim thanked all the day's speakers, hoped that everyone had enjoyed the day and brought the meeting to a close. See you all on the 2 July, 2004 at Imber Court!

MAKING THE PLANNING INSPECTOR YOUR BEST FRIEND

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