MINUTES OF A MEETING OF THE SOUTHERN ENFORCEMENT OFFICERS GROUP WINTER GARDENS, EASTBOURNE FRIDAY 15 TH MARCH 2002

BACK TO MENU

 

10.05 - WELCOME ADDRESS - Jim Lynn welcomed everyone and thanked those who had attended the meeting. Cllr Bowker, Chairman of Planning and Licensing Committee at Eastbourne Borough Council, started the meeting with a short introduction on the role of enforcement in relation to the planning process.

10.10 - MINUTES OF LAST MEETING - Jim Lynn invited comments on the minutes of the meeting held on 9th November 2001 at Chigwell, hosted by Epping Forest Borough Council. No comments were received and the minutes were taken as read. It was with regret that Jim informed the meeting that Keith Pullin had resigned from Eastbourne BC and wished to express a vote of thanks for all the work he had done for the group. Keith would be maintaining the web site until a replacement was found. Jim invited nominations for a replacement. He also thanked Jac Dennis for helping with the organisation of the meeting in the absence of Keith and Eastbourne BC for their hospitality.

10.20 - BEST VALUE REVIEWED - Jim welcomed Mike Holmes, Head of Planning at West Berkshire DC. Mike asked the meeting for their views on Best Value Reviews, then gave an outline of one. He claimed that enforcement was seen as the Cinderella of the planning system. There was a lack of definition and there were no Best Value Performance Indicators. Mike also complained of the lack of consistency across the inspection service. The Role of the Audit Commission was discussed, and that weak enforcement was jeopardising the quality of development. There was some considerable concern over the declining levels of enforcement action. There had been 4% fewer enforcement notices in 2000/01 and 15% fewer planning contravention notices. The recent planning green paper had shown that the current planning system was complex and cumbersome. Specific weaknesses were highlighted in the presentation, including the lack of enforcement strategy, the low level of enforcement activity leading to a lack of confidence and a backlog of complaints and limited partnership working. Jim thanked Mike for his presentation on a difficult and complex subject. (Copies of notes of Mike's presentation available on request or see ENFORCEMENT & BEST VALUE)

11.35 - COMPULSORY PURCHASE ORDERS (CPO) AN ADJUNCT TO ENFORCEMENT Jim introduced Tim Leader, Barrister and Borough Secretary at Kings Lynn DC. Tim explained that his aim was to demystify CP0s. He wanted to clarify that the Human Rights Act would only become a problem when not approached properly, it was not a reason for not carrying out the job properly. Tim gave a brief legal definition of a CPO and the legislation covering them. It was stressed that a CPO was a last resort, and should only be used after normal powers had been exhausted. Tim then went through, step by step, the process of a CPO and clarified issues of unjust enrichment, compensation, valuation of the land, legal costs and realistic time frames. Tim also went through the various things that could go wrong with a CPO, such as a lack of need for a CPO and back to back arrangements, in an effort to make a profit. Tim then answered various questions posed by the delegates, mainly relating to specific cases. (Copies of notes of Tim's presentation available on request)

12.45 GREEN PAPER - Steve Comwell from Isle of Wight Council invited comments on the enforcement part of the planning Green Paper. It was discussed whether or not breaches of planning control (unauthorised development) should constitute a criminal offence and that 'Permitted Development' rights should be taken away, therefore every development would require planning permission It was also considered that there should be specialist planning and environmental courts to deal with planning matters, rather than being dealt with the magistrates. Jim asked that all comments on the Green Paper be passed direct to Steve Comwell.

14.00 ~ TELECOMMUNICATIONS AND MOBILE PHONE MASTS - Jim introduced telecommunications consultants for Local Authorities, Richard Newstead. Richard gave a presentation on the technical reasons behind the increase in applications for telecommunication masts. He attempted to clarify the technical jargon and the actual risks involved. It was discussed that to reduce radioactivity, more masts needed to be erected. The needs of the operator could not be challenged, however the siting and design could. Mobile phone companies were in fact looking at new designs of aerials/masts in order to minimise the visual impact. (Copies of notes of Richard's presentation available on request)

15.15 - HOUSING IN MULTIPLE OCCUPATION (HMO) THE CORPORATE APPROACH Jim introduced Louise King, HMO Co-ordinator for Eastbourne BC. Louise proceeded to explain the definition of an HMO under Housing legislation (a house with occupiers who are not a family). Eastbourne BC's stated that over 6 unrelated people living in a house constituted an HMO. Louise went through ways of identifying an HMO. She went through the planning aspects and the health and safety considerations. She gave a brief overview of the legislation involved and checklists of minimum standards. It was considered that magistrates were starting to see the importance of properties being maintained and subsequently landlords were being fined for not doing so. This presentation was originally intended to include an overview of the planning aspects to be presented by Keith Pullin. In his absence, such points were covered by way of an open forum by Jim Lynn. Jim made a point on the difficulties experienced under the Data Protection Act, and that since the introduction of new legislation there had been marked reluctance to exchange important information. He invited any questions on any of the topics discussed, or any other pressing matters. He also informed the meeting of the dates and venues for the next two meetings of the Group: Friday 12'h July 2002 (Imber Cot" East Molesly) Friday 6th December 2002 (Bushey, Herts) (Copies of notes of Louise's presentation available on request)

16.10 - CLOSE OF MEETING

(N.B. Sponsors required to assist with SEOG for all three meetings for 2003 - PLEASE contact Jim Lynn to discuss)