The Overview and Scrutiny Committee has decided to defer the recommendation of the Local Enforcement Plan to Cabinet, amidst concerns raised by parish and town councils.

URL: https://rother.moderngov.co.uk/ieDecisionDetails.aspx?ID=2120

Decision Maker: Overview and Scrutiny Committee, Cabinet

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose: To present the draft Local Enforcement Plan for approval and onward recommendation to Cabinet.

Content: Consideration was given to the report of the Head of Planning which presented the draft Local Enforcement Plan (LEP) for recommendation for approval by Cabinet and onward approval and adoption by full Council.   Planning enforcement was not a statutory service; however, it was an important service in the public eye, that was seeing rising demand and expectations and a service that hundreds of Rother’s residents and businesses interacted with each year. The Council was committed to, and recognised the importance of, providing an effective planning enforcement service.   The draft LEP was attached at Appendix A to the report, which set out the Council’s approach to planning enforcement for all those who interacted with the service, whether that be those affected by development, or those undertaking development, and set out how the Council prioritised cases and what users could and could not expect; there was no formal Government requirement to take enforcement action, this was at Local Planning Authorities’ discretion.   Breaches of planning control were not a criminal offence, however failure to comply with an Enforcement Notice or Breach of Condition Notice was, in addition to other matters outlined in the report.   The Council had committed additional resource to planning enforcement and recruited an extra Planning Enforcement Officer in December 2025, resulting in the number of open planning enforcement cases being reduced by approximately 20% in the last year.   The Council’s existing LEP was now out-of-date, and Members had previously expressed a desire to update the policy. An amended LEP had been presented to Cabinet in February 2024 but had been found to be not fit for purpose, with a number of concerns raised, and the Overview and Scrutiny Committee (OSC) had been tasked with reviewing the LEP.   The LEP 2026 for consideration by Members had been subject to a detailed review and comment by officers (including planning lawyers), by the Chair of Planning Committee and by the Cabinet Portfolio Holder for Planning, who was also present at the meeting, in addition to being circulated informally to the Committee Members in May 2026. Informal feedback was provided at the previous meeting of the Committee on 1 June 2026 and the comments raised and officer responses were detailed within the report.   In all but the most serious cases, enforcement officers would attempt to resolve matters through negotiation, which was successful in many cases and the quickest course of action. Where formal enforcement action was required, this often took time under the English planning system, and it was not unusual for the Planning Inspectorate to take two years to issue decisions in respect of appeals against a Planning Enforcement Notice. Appeal results for the Council were good, with approximately 80% dismissed putting the Council in the top quarter in the country.   Members were given the opportunity to ask questions, and the following points were noted during discussions:   ·          several parish and town councils (P&TCs) had raised concerns about not being consulted on the new LEP. Although consultation was not required, officers would report the LEP to Rother Association of Local Councils later that week and invite P&TC comments to be submitted alongside OSC comments to Cabinet; ·          Members commented that successful enforcement was the key to the integrity of the planning system; ·          Members considered that the LEP should clearly state at the outset that serious building-related breaches constituting criminal offences would result in action being taken by the Council, while negotiation would remain appropriate in the majority of cases; ·          the LEP differed from more strategic policies, as it set out what the Council could reasonably achieve within available resources; ·          officers advised that consultation could create unrealistic expectations and would divert resources from enforcement work. The Council’s remaining lifespan was now limited, and the new unitary authority would adopt its own LEP; and ·          parish clerks played an important role in community liaison, and the LEP clarified that, in high-profile cases, the Council would provide updates through a single point of contact.   Members acknowledged the concerns raised by officers but agreed that it was important to receive comments from P&TCs and local Members. It was therefore proposed, seconded and agreed that the decision to recommend the LEP to Cabinet, for onward recommendation and adoption by full Council, be deferred until the OSC meeting on 12 October 2026. It was further agreed that a one-off meeting of the LEP Task and Finish Group (LEPT&FG) be convened in late August to hear the comments of P&TCs and report back to OSC. Members were encouraged to submit written comments to the Head of Planning in advance of that meeting.   Members recommended and agreed to vary the Membership of the LEPT&FG as follows: Cllrs J. Barnes (MBE), Mrs M.L. Barnes (Chair), A.E. Biggs, C.A. Creaser, T.O. Grohne, Mrs E.M. Kirby-Green, N.H. McLaren and A.S. Mier (Councillors Drayson and Stanger were not reappointed).   Councillor Killeen, the Cabinet Portfolio Holder for Planning, who was also present at the meeting, commented that the LEPT&FG should consider the written representations from Members and P&TCs, but urged that the discussions should focus on the elements of the LEP, which was based on a legislative process with little room for manoeuvre, rather than considering how to answer cases within the P&TCs.   RESOLVED: That:   1)     the decision to recommend the Local Enforcement Plan to Cabinet, for onward recommendation and adoption by full Council, be deferred until the Overview and Scrutiny Committee meeting on 12 October 2026;   2)     a one-off meeting of the Local Enforcement Plan Task and Finish Group be convened in late August 2026 to hear the comments of the Parish and Town Councils;   3)     the Local Enforcement Plan Task and Finish Group report back to the Overview & Scrutiny Committee on 12 October 2026; and   4)     the Membership of the Local Enforcement Plan Task & Finish Group be agreed as follows: Cllrs J. Barnes (MBE), Mrs M.L. Barnes (Chair), A.E. Biggs, C.A. Creaser, T.O. Grohne, Mrs E.M. Kirby-Green, N.H. McLaren and A.S. Mier.   (Councillors Mrs Barnes and J. Barnes both declared an Other Registrable Interest in this matter in so far as they were Members of Etchingham Parish Council, and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof.)   (Councillors Burton and McLaren both declared an Other Registrable Interest in this matter in so far as they were Members of Battle Town Council, and in accordance with the Members’ Code of Conduct remained in the meeting during the consideration thereof.)

Date of Decision: July 6, 2026