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Agenda and minutes

Venue: Committee Room 1 - Civic Centre. View directions

Contact: Pamela Tasker  Governance Support Officer

Items
No. Item

1.

Apologies

Minutes:

John Davies Bishton community council

 

Nigel Hallet Langstone community council

 

Brian Miles Wentlooge Community Council

 

2.

Minutes of the Last Meeting: 23 June 2022 pdf icon PDF 139 KB

Minutes:

The Minutes of the previous meeting were held as a true record.

3.

Matters Arising

Minutes:

No matters arising

4.

Planning Enforcement

Presentation by Neil Gunther Senior Planning Enforcement Officer

Minutes:

Presented by Neil Gunther (Senior Planning enforcement officer)

Main points

An informal meeting with Marshfield had taken place prior to this presentation.

It was highlighted that the purpose of this presentation was to give a broad Newport wide view of planning enforcement rather than just focused on one area.

The Senior Planning Enforcement Officer listed the various types of actions that require planning enforcement which are as commented.

-          Unauthorised building or engineering work, material change or use of land or buildings, non-compliance with planning conditions, unsightly land or buildings, unauthorised advertisements, unauthorised works to a listed building and unauthorised works on protected trees

The Senior Planning Enforcement Officer confirmed on the next slide that the enforcement team is based in the civic centre as well as displaying their email address and office number.

The Officer briefly covered key legislation such as the “Towns & Country Planning Act 1990” and how they relate to planning enforcement.

Unauthorised planning isn’t strictly illegal but rather the resulting action from the notices served that could cause an offence to be committed.

Briefly covered key legislation such as “Towns & Country Planning Act 1990” as well as the “Anti-Social Behaviour, Crime and Policing Act 2014” however it does not strictly only apply to planning.

Unauthorised planning isn’t strictly illegal but allows for notice to be given.

“Planning Policy Wales 11th Edition 24 February 2021” is the overarching document for policy within Wales.

The Senior Planning Enforcement Officer gave a quotation from the “Development Management Manual (revision 2 May 2017) section 14.2.3 in which its highlighted that the focus should be on remedying the situation and not punishing the person.

The action steps were described as followed.

·         First a site visit to see if there is a breach

·         Following the visit, a letter is sent that covers a period of 28 days and explains how to remedy the situation

·         If deemed prudent and in the public interest a further site visit will occur

·         Followed by a 14-day letter

·         And then finally a further site visit

It is to be noted that at any point in the process a case could be deemed as not expedient or in the public interests and then no further action would be taken. Also, in regard to “notices” the process is slightly different however the Officer clarified that this is the process for most cases.

Most notices can be appealed, with the appeal being dealt with by PEDW.

“enforcement notices S.172 details that harm to the public along with a breach are the key criteria for the notice to be given.

·         Non-compliance is a criminal offense with the fine amount being up to £20000 in the magistrates or unlimited in the crown court

·         Direct action may also be taken

·         Certain breaches that can incur notices have time limits on them before immunity is given for the infraction

Questions

 Councillor Forsey asked what “direct action” meant?

The Senior Planning Enforcement Officer noted that direct action was the minimum action required to remedy  ...  view the full minutes text for item 4.

5.

Any Other Business

Minutes:

The Marshfield Representative queried that they started a bus campaign to get a permanent route in their town but that nothing has moved forward. The Representative asked if they could speak to someone from transport?

The Chair explained that the bus company deals with the routes and that there is no committee in the council that deals with it.

The Marshfield Representative would like to know who the ultimate decision maker is so they can negotiate with them?

The Chair detailed that the council only deals with subsidised routes and that bus companies decide on the routes. The Head stated that Richard Cope would be the only one to clarify who has the final decision. The email address was given out verbally.

The Chair informed the representative that he will chase up with his office so that a response is given.

Councillor Forsey asked what items would be on the next agenda?

The Chair informed the committee that the next meeting would be in January.

The Governance Support Officer also informed the committee that a new member of the team would be taking over the next meeting, so any queries should be sent to them

The Wentlooge Representative asked about the code of conduct training

The Chair noted if they would like more training that it can be arranged. He also informed the committee that he would be retiring in December and wanted to thank the committee for all the work they have done.

The Graig Representative asked if the members were happy to have hybrid meetings moving on.

The Members showed support for this.

The Chair is unsure who will replace him in the next meeting but informed the committee that if there is no new head then it would be Elizabeth Bryant or Leanne Rowlands.

The Graig Representative thanked Gareth for all the work he has done.

This sentiment was also expressed by other members of the committee.

 

6.

Date of the Next Meeting

19 January 2023 at 6pm

Minutes:

19th January 6pm 2023

 

7.

Webcast of Meeting