Agenda item

Committee considered a detailed report presented by the Planning Manager which provided an update on the overall performance against the Local Enforcement Plan (Planning) since its original adoption in March 2019 – April 2022.  Members’ approval was also sought to agree the adoption of the May 2022 review of the Local Enforcement Plan (Planning). 

The 2019 Plan committed to a 6 monthly reporting cycle to Planning Committee against performance targets set, and a review of the entire Plan after 3 years.

The 6 monthly reporting cycle to Planning Committee had largely been followed with the exception of 2020, where meetings had been cancelled due to the Covid pandemic.  Since the last update to Members, no cases had been reported to the Local Government Ombudsman.

Alongside a collaborative review of the last 3 years performance figures, the review of the Local Enforcement Plan (Planning) for Bolsover District May 2022 was included at Appendix 1 to the report. 

Having regard to the background data as presented, it was considered that there was little reason to amend or change the targets and priorities set out in the Local Enforcement Plan (Planning) review.  It was therefore proposed that the same targets and priorities were maintained alongside the 6 monthly report of performance to Planning Committee.  The review of the document had allowed its branding and appearance to be refreshed and it had also been published in an ‘accessible’ format to ensure it was accessible to all users of the service as part of its publication on the Council’s website. 

If Members approved the document, it would be promoted amongst parish council’s, Contact Centres and on Bolsover TV / Bolsover News outlets.

Members expressed their thanks to the Planning Enforcement Team for the work they had undertaken on the Plan.

A Member queried what action could be taken against a developer on any future planning application(s) they made to the Council, where they had destroyed a hedgerow(s) that they had committed to retaining on a previously approved planning application.

The Planning Manager advised the meeting that a developers’ proposal for replacement planting of the hedgerow would be stringently assessed for comparable biodiversity credits and any future applications they made would also be assessed for risk of a repeat occurrence.  However, going forward, biodiversity net gain would be immense in terms of planning decisions, and establishing a base line for the conditions of a site before a planning decision was made was something developers would have to do.  If a developer accounted retaining hedgerows towards biodiversity credits or assessment and then destroyed them, there would be a greater onus and emphasis on what they had to do to secure biodiversity net gain credit on any future applications.

The Monitoring Officer added that the removal of a hedgerow, depending on its status, could be a criminal offence and criminal proceedings may be taken.

Moved by Councillor Duncan McGregor and seconded by Councillor Tom Munro

RESOLVED that (1) the overall performance against the Local Enforcement Plan since its adoption be noted,

            (2) the review of the Local Enforcement Plan (Planning) be adopted.

(Planning Manager)