Minutes
of Meeting
|
Southern
Enforcement
Officer
Group
Hosted
by Slough Borough Council
|
Windsor
- York Club
- 26 Nov 04
|
|
Time |
Minute |
|
10:30
|
WELCOME
ADDRESS |
|
|
JIM
LYNN opened the meeting by apologising for the late start
due to traffic problems following an earlier accident in the
Windsor area. On behalf of the group he thanked Slough Borough
Council for sponsoring the meeting and to the officers and
staff of the Enforcement team for their work and enthusiasm.
Particular appreciation was expressed to David Mann and Mark
Turner for their individual contribution.
MINUTES OF THE PREVIOUS MEETING (available on Group website)
accepted as read. [>>]
|
|
|
GERRY WYLD (Head of Planning and Strategic Policy, Slough
B. C.) formally welcomed everyone to the meeting and spoke
of the important part the Enforcement has to play within the
overall planning process, a system highly dependent upon recipients
of permissions abiding by conditions and limitations. He acknowledged
that the public and Councillors alike are becoming increasingly
aware of the professionalism shown by Enforcement practitioners.
Gerry felt it was important for Planning Authorities, where
ever possible, to adopt a proactive approach. With this in
mind, he paid tribute to the Enforcement team at Slough B.
C. Gerry then praised the work and initiative of 'self help'
organisations, such as S.E.O.G., in providing a facility for
members to both improve their technical knowledge and, by
net-working, increase expertise and efficiency. Gerry wished
the audience an interesting and productive day.
DAVID SCOURFIELD (Head of Development Control,) also wished
to welcome the Group to Slough and spoke of the importance
to the Enforcement function of support from Elected Members.
David informed the audience that as a direct result of 'The
Best Value Review' the need for an additional Enforcement
officer had been identified. This in turn had lead to the
appointment of an officer dedicated to dealing with traveller/gypsy
related matters. David wish to thank his Councillors for their
backing as a result of which the environment of local residents
had significantly improved. David however recognised that
there still remain Enforcement teams throughout the UK who
fail to receive such member support and, as a consequence,
are trying to deal with ever increasing and complex work loads
whilst remaining under resourced. David informed the audience
of his belief that an exchange of work between Planning and
Enforcement officers should take place. David further stated
that this practice has in his opinion been successfully employed
at Slough B. C. resulting in both improved efficiency and
lessening the belief that the Enforcement function is only
a 'bolt on' to the planning system.
David then gave a brief description of Slough as a working
town and emphasised that planning and enforcement should be
about serving the people. He ran through the agenda for the
day and thanked Jim Lynn and the enforcement team for arranging
the meeting .
|
|
10:40
|
LINDA
RUSSELL (Consultant Planning Solicitor)- Untidy Land vs
Material Change of Use.
Linda Russell gave a presentation dealing with the different
approaches in dealing with unsightly/untidy land in terms
of either an adverse impact upon amenity or as a possible
material change of use i.e. storage of waste material. She
set out the difficulties, which may be encountered in regard
to interpretation of the relevant statutes and action to
be taken. Linda detailed the requirements of Section 215
of The Town & Country Planning Act, 1990 (untidy land) and
referred briefly to the ability of Planning Authorities
to invoke direct action powers of Section 217. At the conclusion
of her presentation Linda responded to comment concerning
the proposed introduction of 'Temporary Stop Notices'. (Consultation
response period on this proposal concludes on 26 January
2005)
Members of the audience discussed the issues relating to
untidy land, including the responsibility for the removal
of waste material, including instances involving land used
by travellers/gypsies.
Notes
of Linda's presentation are attached to the Minutes.
|
|
11:30
|
PETER
LOWE ( Three Rivers D. C. ) spoke about the required procedure
for obtaining the detail of telephone subscribers, for example
finding out the identity of a subscriber from the telephone
number shown on a 'fly poster'. Peter explained that, in accordance
with the requirements of The Regulation of Investigatory Powers
Act, 2000 ( R.I.P.A.) there is need for officers to be appointed
as 'a single point of contact' ( SPOC). Officers are therefore
recommended to contact the Home Office in order to be enrolled
onto a two-(2) day accreditation course. Following the successful
completion of a written examination a unique reference number
will be issued which will enable requests for subscriber details
to be applied for. An information document was supplied to
all attendees.
For further details members are asked to speak to their individual
legal departments or, if necessary, contact Peter Lowe direct
on 01923-776611. |
|
11:40
|
REFESHMENTS |
|
12:00
|
STEPHEN
JOB ( Planning Consultant and Deputy Planning 13.0 Inspector
) - Enforcement Policies- do they serve a purpose?
STEPHEN JOB gave a presentation relating to the publication/use
of an Enforcement Policy, detailing his perception of both
the advantages and disadvantages to Planning Authorities
of issuing such a guidance document. He explored the question
of whether or not to publish a general or definitive policy
or some form of hybrid. Stephen detailed what he thought
should be included within the document and where/how it
should be made available to the public. He commented that
there was not much in the way of Government guidance on
the subject but recommended members to take note of the
Department of Trade and Industry - Small Business Service
Enforcement Concordat - 2003
Notes of Stephen's presentation are attached to the Minutes.
|
|
12:35
|
BOB
MOON (Co-Chair of SEOG) informed the audience that the R.T.P.I.
were in the process of sending out a letter and questionnaire
address to both Chief Planners and Enforcement officers
throughout England and Wales. The documents relate to a
proposal to create a National Association of Enforcement
Officers. Should anyone not have received the referred to
papers by no later than the 3 December, then please contact
Bob via the S.E.O.G. web site. Bob briefly outlined the
aims of the proposed association and encouraged S.E.O.G.
members to give their support to this initiative. Bob was
unable to speculate as to when an association would become
operational or on the level of membership fee required -
both matters were dependent upon the level of positive response.
However, Bob made clear his believe that a properly constituted
association would provide benefits to Enforcement and planning
officers alike.
JIM LYNN then took the opportunity to make a plea for volunteer(s)
to take an active role in the running of S.E.O.G. Jim explained
that both he and Bob Moon may not be in a position to continue
in their role as Co-Chair and therefore urged members to
consider offering their services to thereby ensure the continuance
of the group.
|
|
12:45
|
LUNCH |
|
14:00
|
DAVID
WHIPPS ( Consultant Planning Solicitor ) Listed Buildings
- an asset or a liability
DAVID WHIPPS outlined the responsibilities placed upon both
companies and private individuals by owning a Listed Building.
He stated that a lot of unauthorised changes are made to such
buildings undertaken by owner(s) who, whilst wishing to use/reside
in a unique property, desire the benefits derived from modernising
the property. David felt that solicitors needed to fully explain
to prospective purchasers the many legislative controls relating
to listed buildings and hence, the significant consequences
of carrying out unauthorised works.
David's presentation notes, together with his CV are attached
to the Minutes. |
|
15:00
|
REFRESHMENTS |
|
15:20
|
TAN IKRAM (Barrister-at Law & Junior Judge - Inner London
Circuit ) - 'Evidence from all angles'.
TAN IKRAM gave a talk on Enforcement action and the implications
of subsequent prosecution. He emphasised the need for gathering
evidence and the making detailed notes. All documents gathered
by the Local Authority in the course of an investigation are
admissible as evidence and may be used in court proceedings.
Tan also discussed the law of hearsay, which extends to the
production of written material.
Tan's presentation was highly informative and extremely entertaining
in both its content and manner of delivery. The appreciation
of all that present was shown by enthusiastic and spontaneous
applause.
Tan's notes are annexed to the Minutes.
|
|
16:15
|
CLOSE
OF MEETING
JIM LYNN thanked the speakers who had kindly given up their
time and to everyone for attending the meeting. Jim urged
members to consider volunteering to help the group. Should
anyone be able to offer their services, they should contact
Jim Lynn or Bob Moon.
NEXT MEETING FRIDAY 11TH MARCH 2005 - VENUE: METROPOLITAN
POLICE HQ, BUSHY - SPONSORED BY METROPOLITAN POLICE. |
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