Hart Borough Council Development Management Enforcement Sub-Committee Meeting

The minutes of the Development Management (Enforcement) Sub-Committee meeting held on 21 October 2024 were agreed and signed as a correct record of the proceedings.

There were no apologies for absence.

Cllr Delaney declared a non-prejudicial interest in the update in respect of 21 Elvetham Bridge, Fleet for the reason that she was acquainted with one of the people living in one of the mobile homes.

The Chairman addressed the Sub-Committee on the 'discretionary' nature of planning enforcement and felt that it would be good to recognise the importance of planning enforcement in the planning system.

The publication of the new National Planning Policy Framework (NPPF) in December 2024 still maintained that "effective enforcement is important to maintain public confidence in the planning system."   The Council had chosen to resource its planning enforcement team and the enforcement service upheld public confidence in the Council's approach to planning.  The Local Enforcement Plan was clear about what the Council could and could not consider.  It was also very clear that the Council would follow through, taking proportionate action when it was in the public interest to do so.  This was the reason for any planning enforcement appeals or court action.

Despite being discretionary, the enforcement service could still be complained about to the Local Government and Social Care Ombudsman. It was reassuring to note that there had only been one planning enforcement ombudsman complaint decision for Hart District Council in 2024 and this complaint had not been upheld by the Ombudsman. This had been in connection with a resident who had complained about the Council’s decision not to take planning enforcement action against a neighbour, who had built a structure in breach of planning controls. The Council’s enforcement team had demonstrated that, before a decision had been made, the planning enforcement officer had: 

·                considered the allegation of a breach of planning control,

·                visited the site,

·                found evidence that there had been a breach of control,

·                considered the harm caused by the breach and decided not to take further action.

The Ombudsman had found no fault in the way the Council had made its decision that no further action was necessary.

A question was raised regarding whether the Council was able to insist that a retrospective planning application should be submitted if it was found that a breach had been made and without enforcement action being required. 

In response, the Development Management and Building Control Manager stated that, in terms of the priorities for the enforcement team, it would be necessary to assess the level of harm and what was in the public interest and this would dictate the action, if any, to be taken.

The Development Management and Building Control Manager advised the Sub-Committee that, following interviews, Louise Moore had been appointed as the permanent Planning Enforcement Team Leader.  There was currently a job vacancy for an Assistant Planner with involvement in both planning and enforcement with a closing date for applications of mid-February. 

The Sub-Committee received an update concerning incoming service requests referred to the enforcement team to investigate alleged breaches of planning control and performance. 

The Planning Enforcement Team Leader gave an update on a range of cases, as set out in the Appendix to the Committee report concerning:

·                Land South of Beechcroft, Hares Farm, Pickaxe Lane, South Warnborough

·                Chapel Bungalow

·                Big Meadow / Wingate Lane, Long Sutton

·                Land at Five Acres, Broad Oak, Odiham

·                Land to the North of London Road, Hook

·                Swallow Cottage, Rye Common, Odiham

·                2 Castle Bridge Cottages, North Warnborough – The Sub-Committee agreed that this site could be taken off the list for updates.

·                Site of Accessible Natural Greenspace (SANG) at Moulsham Meadows, Forest Park, Yateley

·                Hatchwood Place (De Montford Place), Odiham

·                Lane North of Winchfield Court

·                Granary Court, South Warnborough

·                21 Elvetham Bridge, Fleet

·                SANG at Hawley Park Farm, Blackwater – The Sub-Committee agreed that this site could be taken off the list for updates.

·                Bungalow Farm, Darby Green – The Sub-Committee agreed that this site could be taken off the list for updates.

The Planning Enforcement Team Leader confirmed that, since the introduction of changes in legislation April 2024, whereby unauthorised development of any kind would need to have been in place for a minimum of 10 years before it could become immune from enforcement action, there had been no increase in work in this respect.  

The Sub-Committee’s attention was drawn to an increase in complaints received in connection with the unlawful positioning of estate agents’ advertising boards in the district.  The Planning Enforcement Team Leader would be sending out letters to the offending companies in the near future and agreed to send a list to the Sub-Committee of the estate agents concerned.

Cllr Makepeace-Browne requested updates on a site which had been reported to the Enforcement Sub-Committee previously, Nyasaland, to be reinstated on the list of notable cases and for an update to be provided to her directly due to the levels of public interest.

Cllr Worlock sought advice regarding a property in Hook where the owners had taken over a portion of land in front of their property which it was understood did not belong to the property owners.  The Development Management and Building Control Manager asked for the address of the property and would investigate the matter and report back to Cllr Worlock.