Protocol for dealing with planning matters

Part 5 of the constitution sets out the protocol for Members dealing with Council matters including the relationship with officers.  Planning issues and, in particular, development proposals often raise concern locally.  As such, there is a need for Members to have direct contact with case officers, to obtain the factual information quickly.  This protocol sets out the parameters for such contact.

Planning and related applications:

Contact with the case officer should be limited to requests for factual information with regard to development proposals.  Advice may also be sought as to the progress of the application and the nature of consultation responses received.

Whilst Members are encouraged to discuss their concern with the case officer, no pressure should be put on that officer to make a particular recommendation.

If Members have concerns as to the information received or advice given by the case officer, then the matter should be discussed in the first instance with the Head of Planning and, if unresolved, then the Director of Place.

Given the nature of the job, officers are often out on site.  Members are therefore advised to telephone to make an appointment before calling in.

Planning Enforcement:

It is the Government’s view that the integrity of the development management process depends on the local planning authority’s readiness to take effective enforcement action when it is essential and to this end, the Government has provided a range of powers for enforcement.

The circumstances surrounding a breach of planning control vary considerably and a course of action needs to be carefully planned before it is embarked upon.

In assessing the need for enforcement action, Members should bear in mind that it is not an offence to carry out development without first obtaining planning permission.  Whilst this is clearly unsatisfactory, there are occasions, particularly in the case of householder development, where works have been undertaken under the impression that they are “permitted development”.  Before initiating formal action therefore, there is always a need to understand the background to any case and to provide the opportunity for the owner or occupier to remedy any breaches voluntarily.

The Council’s Enforcement Strategy sets out how the authority will respond to breaches of planning and related controls in its area; how it will monitor the implementation of permissions; investigate alleged cases of unauthorised development and take action where it is appropriate to do so.

Any enforcement investigation has the potential to become a criminal matter.  As such, any action taken during the course of investigations must comply with the relevant legislation or the Council could be prevented from prosecuting the case by default.  In order to protect the Council’s position when dealing with enforcement matters, Members are strongly advised to:

• Ensure that at no time does any action on their part prejudice the Council’s position.
• Not to enter onto land without the permission of the landowner.
• Restrict any enquiries relating to specific issues to matters of fact or general progress of the case.
• Acknowledge that enforcement cases are dealt with in accordance with the adopted strategy.

The role of the planning investigation officer is to establish the facts and ascertain whether any matter brought to their attention is actionable under planning legislation. The decision regarding whether action is taken is determined either by committee or by the Head of Planning using her delegated powers.

If Members are unhappy as to the way a case is progressing, the matter should be discussed with the Head of Planning in the first instance and, if unresolved, then the Director of Place.