Decision details

To approve the Enforcement and Safety Department Enforcement Policy, which aims to promote efficient and effective approaches to regulatory inspection and enforcement, which improve regulatory outcomes without imposing unnecessary burdens.

That the Executive Member for Environment, Sport and Leisure authorised the Director of Place & Growth, and officers delegated in turn by them, to implement the Environment and Safety Department Enforcement Policy (“the Policy”), contained as enclosure 1 to this report, including service specific enforcement policies appended to it as amended by the Executive Member at the meeting as set out below, and to publish the Policy on the Council’s website.

Amendments to Enforcement Policy

In Appendix 7, Advertising Boards, Agenda Page 36, this Policy is designed to deal solely with the use of the Council’s powers as a Highway Authority under the Highways Act 1980, associated legislation and case law. It does not cover the regulation of Advertisements generally and specifically under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and associated legislation, which are dealt with separately and referred to here as “the Advertising legislation.” Any permission or enforcement action under this Policy is without prejudice to the Council’s powers under the Advertising legislation and Consent given under this Policy should not be inferred to be deemed consent under the Advertising legislation. 

In Appendix 8, Public Rights of Way, Agenda Page 41, it should be made clear that an informative to the local land charges record for the property as a disputed piece of land will only be made after the householder has been informed of the council’s intention to do so, and has had an opportunity to make representations.

On Page 7 of the agenda pack, Financial Implications, it should be made clear that income from financial penalties may contribute to service budgets, subject to the legislative power, but the use of financial penalties is not designed to create income.  The budgeted figures merely reflect anticipated likely income, which may be more or less.  Financial penalties are designed to encourage compliant behaviour and deter non-compliance.