Venue: Spencer Room
Contact: Susan Lightwing
Welcome and Evacuation Procedure
The Chair read out the Building Evacuation Procedure and welcomed all present to the meeting.
Declarations of Interest
any declarations of interest.
no declarations of interest received at this point in the meeting.
The minutes of the meeting of the
Economic Development, Environment and Infrastructure Scrutiny Panel held on 18
January 2023 were taken as read and approved.
Enforcement of Planning Conditions
The Head of Planning will be in attendance to give an overview of Enforcement of Planning Conditions.
RECOMMENDATION: that the Panel determine whether further information is required.
The Head of Planning and the
Development Control Manager were in attendance to provide information in
relation to Enforcement of Planning Conditions.
National Planning Policy
Framework (NPPF) paragraph 55 stated that local planning authorities should
consider whether otherwise unacceptable development could be made acceptable through the use of conditions. Middlesbrough Council, as the local planning
authority, tried to issue decisions with as few conditions as possible. There were usually a minimum of two
conditions which were: a standard time limit for commencing a development; and that it should be
built in accordance with the plans.
NPPF paragraph 56 also specified
six tests to ensure that planning conditions should be kept to a minimum and
only imposed where they were:
2. relevant to planning;
3. relevant to
the development to be permitted;
5. precise; and
in all other respects.
Achieving this was not easy and
one of the reasons why efforts were made to minimise the number of conditions.
Types of planning condition included:
time limit condition for commencement of development.
• Details and
drawings subject to which the planning permission was granted.
or other stage conditions.
relating to post occupancy monitoring and management.
Pre-commencement conditions could include details of the materials to be used, landscaping and operation. The local planning authority would try to negotiate these with the Developer so that the plans submitted were approved as soon as possible. Post occupancy could include a noise condition or the replacement of any landscaping if plants died off within so many years.
Conditions could not be used to:
impact on the deliverability of a development.
outline application details.
development to be carried out in its entirety.
compliance with other regulatory requirements.
land to be given up.
payment of money or other considerations.
With regard to
enforcement, it was emphasised that this was discretionary. The local planning authority could decide
whether to take action or not.
A breach of planning control was
defined in section 171A of the Town and Country Planning Act 1990 as:
carrying out of development without the required planning permission; or
• Failing to
comply with any condition or limitation subject to which planning permission has been granted.
The Council had to decide whether it was in the public
interest and proportionate to take action,
particularly if there was a breach of something that planning permission would
have been granted for anyway. For
example, issuing a Section 125 notice for untidy land – the Council could not
ask for the reparation to be of a higher standard than the other properties in
the surrounding area – it had to be equivalent to the rest of the area.
However, effective enforcement was important to:
breaches of planning control which would otherwise have an unacceptable impact on the amenity of
• Maintain the integrity of the ... view the full minutes text for item 22/61
Date of Next Meeting - 22 March 2023
The date of the next meeting was confirmed as 22 March 2023. The venue for the meeting had been changed to the Mandela Room. A guest speaker from Leeds City Council would be attending virtually to provide information in relation to the Panel’s current scrutiny topic of Business Rates Pooling.
Crustacean Deaths Working Group
Councillor Branson provided a
verbal update on the Crustacean Deaths Working Group. The last meeting had taken place on 3
February 2023 and the latest independent report on the cause of the mass
morbidity had been discussed.
Further research was being
undertaken as there were several theories as to the cause. The Government’s initial findings were that
the deaths were caused by algal bloom but a more recent report suggested that
it could be a pathogen. A study
undertaken by a Marine Biologist at Newcastle University stated that the cause
was pyridine, which was potentially linked to dredging taking place in the
Two representatives from the
local fishing community had attended the Working Group and explained that the
situation was causing them real financial hardship and several employees had
had to be laid off. Currently the
Government was not providing any financial compensation to the fishing
The next meeting of the Working
Group was scheduled for 3 March 2023.
The Chair thanked Councillor
Branson for the update.
AGREED that the information was received and noted.
Any other urgent items which in the opinion of the Chair, may be considered