Top

Top

Agenda Item No.

 

THE VALE OF GLAMORGAN COUNCIL

 

PLANNING COMMITTEE: 18TH NOVEMBER, 2010

 

REFERENCE FROM CABINET: 13TH OCTOBER, 2010

 

 

"C1088          DELEGATED POWERS: AMEND 1.32 OF THE SCHEME OF DELEGATION RELATING TO PLANNING ENFORCEMENT POWERS (PT) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet received a request to amend the Council's existing scheme of delegation in order to allow service of urgent Enforcement Notices and to allow the withdrawal of Enforcement Notices when some defect or failure was found.

 

It was sometimes necessary to serve Enforcement and Stop Notices in urgent cases where immediate harm was being caused to local residents or the surrounding area.  Currently, paragraph 1.32 of the scheme of delegation allowed for the urgent service of Stop Notices but did not allow the service of Enforcement Notices.  This ability was technically flawed in that a Stop Notice could not in any event be served without first having served an Enforcement Notice and thus it was considered necessary to ensure the delegation was clear on this point.  By amending the scheme of delegation to include the service of Enforcement Notices, this would also allow the flexibility to service such Notices without recourse to Stop Notices, as a first step in attempting to resolve Breaches of Planning Control.

 

Furthermore, during the course of dealing with an Enforcement case, following the service of an Enforcement Notice and sometimes when an appeal against that Notice was ongoing, it could become necessary for either the terms of that Notice to be varied, usually in terms of the time necessary to comply with its terms or in respect of the nature of the breach, or for the Notice itself to be withdrawn.  Such cases could occur when a typographical error was identified or some other error became apparent such as an incorrect breach being identified or an inadvertent case of under enforcement due to deficiencies in drafting.

 

The changes proposed were considered essential and necessary to allow the efficient operation of the Enforcement function of the Council and would be operated in direct consultation with the Head of Legal Services and / or any other legal representative acting on behalf of the Council.  The changes proposed would not lead to any changes in operating procedures in relation to the service of Enforcement Notices save for allowing urgent Notices to be served without reference to Planning Committee and similarly allowing officers the ability to vary the Terms of Notices or withdrawal of Notices when deemed absolutely necessary.

 

This was a matter for Council decision.

 

RESOLVED - T H A T subject to consultation with the Planning Committee, the current scheme of delegation as identified by Minute. No. 176 (1) 98/99 be amended at paragraph 1.32 as follows:

 

To authorise the issue of Enforcement and Stop Notices, where reference to the Planning Committee would occasion detrimental delay and to allow the variation or withdrawal of a previously issued Enforcement Notice when a defect, error or other minor variation is deemed legally necessary. 

 

Reason for decision

 

To allow for the urgent and immediate service of Enforcement Notices, given the quasi judicial nature of the action and to allow the variation and, if necessary, withdrawal."

 

 

Attached at Appendix - Report to Cabinet: 13th October, 2010