Agenda item

Councillor Clive Davies (Cabinet Member for Economy & Regeneration) presented the report on the enforcement service resource support requirements. He explained that the Local Planning Authority’s Enforcement Service had been struggling for some time and in the past, attempts to recruit have been unsuccessful, and combined roles were utilised across Development Management (DM) and Enforcement team to fill this void. Unfortunately, due to the high caseloads in DM and specialist, highly litigious nature of enforcement, the situation has worsened. Audit Wales (AW) brought this to the local authority’s attention in 2021 and again in 2023. Securing additional third-party support through consultants has proved fruitless, with costs high and cases closed low.

As of 12/4/24 (start of Task and Finish work), the caseload stood at 432 cases down from a peak of over 600 in the past two years. Furthermore, there were approximately 250 ‘clic’ enquiries in need of responses. In the 2023/2024 financial year, the enforcement service opened 116 cases and during the same period closed 220 cases. The need to support the enforcement service has been discussed at the wider Planning Service Task and Finish group implemented post AW review. Members and Officers in that group were of the view that in order to ensure an effective enforcement service was delivered, additional resources were required.

It was highlighted that housebuilding directly supports 434 jobs locally and contributed in excess of £280,000 in additional council tax per annum and an additional £1.7 million in household spending in retail and leisure in the local economy.

Dr Sarah Groves-Phillips, Corporate Manager provided an overview of the 4 options as outlined in the report:

·       Platinum - A No Breach Allowed Approach

·       Gold - A Proactive Enforcement Service

·       Silver - A purposeful Enforcement Service

·       Bronze - The In-budget Enforcement Service (current budget and capacity)

She advised that it was important to be mindful that in all the options outlined above, recruitment for enforcement roles was difficult and there was a recognised national shortage. The risks associated with not resourcing the service effectively were outlined. 

Members were provided with the opportunity to ask questions which were answered by Officers and Councillor Clive Davies. The main points raised were as follows:

·       It was noted that there was a statutory duty to provide enforcement service, but there was no legislation in place that dictated the level of service required. Although the service was delegated to Officers, it was suggested that the cases be shared with Members to enable their input. Many Members felt strongly that it was time to invest in the service due to the possible impact on the Council’s reputation and services. Historically, the enforcement service was rated in the lowest 10 performing local authorities across Wales.

·       Officers clarified that the report's figures were based on gross figures, such as the cost of the service, and any underlying costs, such as HR. Income assumptions had not been included.

·       Most planning fees were set by Welsh Government (WG), who were currently considering whether to increase the cost of retrospective planning applications.

·       As there was a national shortage of planners and enforcement planners, recruitment could be challenging, but a neighbouring local authority had successfully recruited recently. An advertising campaign to promote the roles available would be key. Officers clarified that any budget allocated towards recruitment would be ring-fenced and would not be reallocated if recruitment proved difficult. 

·       If the platinum or gold option was selected, there was no scope to share a solicitor with other local authorities in the short term given the level of legal work involved.

·       The platinum option included 2 full-time Specialist Enforcement Officers (Heritage and Direct Action); Officers acknowledged that both roles would benefit the service given the number of listed buildings across the local authority and the need for direct action work. At present, there was no capacity to focus on the Proceeds of Crime cases.

·       Dependent on the Cabinet’s decision on 21.01.25, the Committee would be requested to consider the gold and platinum investment options in the Planning Enforcement Service further during the 25/26 budget setting process on 07.02.25 and the implications of this on the Council Tax.

Following a lengthy discussion, it was AGREED to recommend to Cabinet additional funding for the enforcement service for a ‘Platinum’ service i.e. ‘A No Breach Allowed Approach’ in order to secure additional resources, recruit additional staff and ensure an effective enforcement service is operational for the next financial year.