Agenda item

Cllr J Toye – Planning and Enforcement Portfolio Holder introduced the report and informed Members that the enforcement matrix had been removed as it was available elsewhere and updated on a regular basis, whilst the report had been condensed to focus on exceptions.

Questions and Discussion

      i.        The Chairman noted that on several occasions reference had been made to a ‘number’ of actions, and suggested it would be more helpful if the specific metrics could be identified. He added that this could have been addressed at pre-agenda stage, but suggested that these figures could likely be clarified after the meeting. Cllr J Toye accepted the comments and suggested that he would seek to provide the information in the coming weeks.

     ii.        The ADP informed Members that the DFPCC was now the senior reporting officer for matters of enforcement, though he was unable to attending the meeting on this occasion. He added that in terms of progress, the closure of a nine year case at Little Harbord House in Cromer, had resulted in a successful outcome of granting planning permission that would regularise issues on the site and deliver housing. It was noted that other cases were moving forward, with prosecutions being pursued where necessary.

    iii.        The ADP noted that the overall figure for long-term empty homes remained at no more than 1% of the District, and was expected to soon fall below 400. He added that joint working with the Housing Strategy Team was being pursued to deliver a long-term empty homes Policy, with an expectation to complete in autumn 2022, which would enable enforcement action to be pursued on longstanding empty properties. It was noted that the combined enforcement caseload remained high, with 245 cases down from 305 in the previous reporting period, 144 of which were new cases, meaning that 164 cases had been closed.

   iv.        The ADP reported that a revised webpage for combined enforcement had gone live in December 2021, with an interactive e-complaint form that provided officers with greater clarity. He added that this was supported with an expediency matrix, alongside a revised enforcement plan that provided officers guidance in their decision making. It was reported that recruitment would soon begin for a Conditions Monitoring Officer and an Enforcement Apprentice, which would provide significant additional resource to the Team.

     v.        The Chairman referred comments on the Waterfront Rooms in Hoveton, and suggested ‘closure expected on receipt of application’ appeared an ambitious statement, given the years that had passed waiting for an application, which would then require approval and implementation. The ADP stated that the Council was engaged with the Waterfront Rooms as a potential compulsory purchase option, however if a planning application was received it would still be seen as significant progress for the site. He added that if the application was refused or undelivered, then the site could return to the enforcement process for further action. The Chairman replied that public perception had to be considered to manage expectations, as closure from the public’s point of view would only be realised when the site was cleared and redeveloped.

   vi.        The Chairman referred to Arcady and asked whether this should feature within the report. The ADP replied that the matter related to the demolition of an unauthorised dwelling at Cley next the Sea, and stated that whilst it remained on the enforcement matrix, officers were awaiting the outcome of a planning appeal that would determine the way forward. He added that unlike the Hoveton issue where the Broads Authority were responsible for planning applications, Cley was within the remit of NNDC, and further action could be expected once the appeal outcome was known.

  vii.        Cllr N Housden referred to Tattersett Business Park and asked whether the outstanding business rates had been collected. The ADP replied that the collection of business rates was moving forward through the legal process, and was subject to reclaim as a result of legal action. Cllr N Housden stated that minutes from September suggested that little progress had been made and more information was therefore required. The ADP replied that the Enforcement Board took the matter very seriously and were awaiting action from Eastlaw to pursue the matter through the legal process. Cllr N Housden stated that the Environment Agency had also been involved in recent meetings, and it would be useful to understand their contribution, as it was his understanding that there was still no licence in place for waste tyres on the site. The ADP replied that he would report directly to the local Member on matters relating to the Environment Agency, and stated that prosecution was expected to begin in Autumn 2022.

 viii.        The Chairman referred to comments that Members were kept informed of enforcement action in their wards, which he suggested was not always adhered to, even though Member support was crucial to pursuing action, as had been the case in Hoveton. Cllr N Housden stated that he was aware of other meetings that he had been precluded from and suggested that this was not in-line with efforts to keep local Members informed. The ADP replied that if a recommendation was formed to place greater emphasis on notifying Members of enforcement action, he would be happy to pursue this with the Portfolio Holder. He added that Members were also welcome to approach officers for information, as the high number of active cases made it difficult for officers to determine where information was required. The DSM stated that notifying local Members was an issue that had been raised previously by the Licensing Committee, who had recommended strengthening guidance within the Member-Officer Protocol.

   ix.        Cllr V Holliday asked whether there were any performance measures for enforcement, such as case closures or time taken to close. The ADP replied that there were no national performance measures, though this could be actioned through the Portfolio Holder, using existing information on the number of cases closed and outstanding cases. Cllr J Toye stated that beyond providing information in enforcement reports, there had to be an element of self-help, as the InPhase system was available for all Members. The Chairman suggested that it would be helpful to be kept up to date on progress with significant cases, as well as keeping Parish and Town Councils up to date. It was suggested that Members had a duty to take an interest in enforcement action taken in their wards, and if not contacted automatically, they should approach officers for further information. Cllr A Brown noted that unlike the regular Planning system, it was not possible to track enforcement cases or register electronically for updates, though he had found that expressing an interest with officers had prompted regular updates. Cllr J Toye noted that enforcement cases could be tracked using the Planning system, albeit with less detail.

     x.        Cllr L Withington suggested that a briefing could be useful to explain the compulsory purchase process. The ADP replied that the CPO process was led by the Legal Team, but he would be happy to support a briefing if required. He added that CPO of the Shannocks site in Sheringham continued, with efforts being made to start development in Autumn 2022, with completion expected by Autumn 2023. The Chairman noted that CPOs were complex but also very rare, and he did not feel that a general briefing would provide the level of detail required to understand the process.

   xi.        Cllr N Housden stated that on matters of serious concern, such as the situation at Tattersett, it would be useful to have an Eastlaw representative in attendance to provide details of any legal proceedings in private session.

  xii.        The Chairman summarised comments and noted the additional proposal to recommend that Members are notified of all major enforcement action or significant progress made in their wards. The recommendations were proposed by Cllr N Housden and seconded by Cllr P Fisher.

 xiii.        Cllr A Brown abstained from voting.

RESOLVED

1.    To note the continued progress of the Enforcement Board and the Combined Enforcement Team

2.    To request that Members are notified of all major enforcement action taken, or any significant progress made on cases within their wards, as outlined in the Member-Officer Protocol.