Minutes:
The Committee considered the following report:
“1.0 Purpose of Report
1.1 The Enforcement function of the Belfast Planning Service is delegated to the Director who will provide regular updates to Committee on significant enforcement issues, trends and significant cases.
1.2 Following local government reform, Belfast City Council has the opportunity to develop its own Enforcement Charter and Strategy to deal with Belfast specific priorities and replace the DoE Enforcement Strategy. Members have previously been briefed about the nature and scope of enforcement work and powers.
1.3 Enforcement will be a key element of the Belfast Planning Service Business Plan and Service Improvement. An Enforcement Charter and Strategy setting out policies and service standards will be presented to Committee in September/October for consideration.
2.0 Recommendation
2.1 Members are asked to agree to the development of an Enforcement Charter and Strategy.
3.0 Main report
3.1 The Enforcement function of the Belfast Planning Service is a key means in assisting the Council in protecting our communities and their environment from inappropriate or damaging development. It is essential that the integrity and credibility of our planning system is not undermined by wilful breaches and that the Council can react quickly, proportionately and effectively where issues arise. Responses can be either informally via negotiation or formally with possible recourse to the courts.
3.2 The Enforcement Charter and Strategy will aim to inform and reassure members of the public who have come into contact with actual or potential breaches of planning control. The intention is to bring the final document to Committee in September/October for approval.
3.3 One contentious issue being experienced is the proliferation of estate agent signage in the Queens University area, namely the Holylands and Stranmillis areas. This occurs due to the high number of HMO’s and transient nature of student accommodation. There is scope within the legislation to remove deemed consent for these signs, an initiative which has been successful in other cities. In addition, a consumer information leaflet educating homeowners and estate agents as to their rights under the legislation could prove helpful not just in the Holylands and Stranmillis but also in other areas. This type of initiative could be prioritised in the Strategy.
3.4 As of 1st June, Building Control and Belfast Planning Service are operating within the single Directorate of Planning and Place. This will lead to increased efficiency and improved customer service.
3.5 As with other areas of planning, there are best practice lessons to be learned from other planning authorities which the Enforcement Team will pursue.
The Committee agreed to initiate a process for the development of a Council Enforcement Charter and Strategy.
In addition, on an interim basis, the Committee agreed that the Council would desist from opening further individual cases regarding the display of ‘to let’ signs within the university area (unless such signs were large-scale and posed road safety or amenity problems), subject to the following course of action:
· that letters would be forwarded to all estate agents reminding them of their obligations under the existing advertising legislation; and
· that work would be progressed in order to bring forward an Article 6 Directive to remove ‘deemed consent’ for advertisement signs.