71 Planning Enforcement Update - half year report 1 April to 20 September 2012
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To inform Members on Planning
Enforcement’s progress in maintaining service delivery during
the first half of 2012-13.
Minutes:
The Committee considered a report, previously
circulated, on planning enforcement’s progress in maintaining
service delivery for the first half of 2012/13. Myles Joyce,
Planning Enforcement Team Leader, advised that the report covered
information up to the 30th September 2012, and that the
number of open cases should read 394.
- Mr Joyce advised that ‘minded
to uphold’ with regards to an appeal meant that the applicant
may receive planning permission on appeal, but would still be fined
for breach of a planning enforcement notice.
- Mr Joyce reported that the service
was looking to undertake some analysis of appeal decisions, as
there appeared to be some discrepancy between appeal decisions in
different areas of the borough as well as for reasons of quality
control.
- It was reported that a POCA
(Proceeds of Crime Act) case was heard and the Crown Court
confiscated £141,000 from the defendants. A further POCA case
is scheduled for next month. Another possible case may be in the
pipeline, but was at an early stage. The Committee was pleased to
note the use of POCA, and suggested that local ward councillors
could be written to, to let them know when successful action had
been taken in their area. It was also suggested that successes
under POCA could be communicated at the landlords’ forum, or
via social media sites such as Harringay Online, in order to spread
the word when successful action had been taken.
- Tony Michael, Legal
Services, advised that the Council received 18.75% of the amount
awarded, but that there was a cost implication in reaching the
point at which a reward was made, and it also depended on the
amount being recoverable from the defendant. It was also noted that
defendant could opt for a prison term rather than pay
the amount awarded. Although that would not extinguish the
debt, further legal action (and consequently delay) would be
sustained to actually recover the award.