The Overview and Scrutiny Committee met to discuss planning appeals, the council constitution, and planning enforcement. The committee endorsed a revised and strengthened Planning Appeals Protocol for inclusion in the Council's Constitution, aiming for greater clarity and understanding of the member's role. They also reviewed scrutiny items related to planning appeals at Church Road, Wickham Bishops, and Woodham Mortimer, as well as a watching brief on planning enforcement.

Planning Appeals Protocol

The committee endorsed a revised and strengthened version of the Planning Appeals Protocol for inclusion in the Council's Constitution. The protocol is an appendix to the Planning Guidance document in the constitution. The aim is to provide greater clarity and understanding of the member's role in committee planning appeals.

The revised protocol addresses points raised in two scrutiny items considered by the Working Group. These related to the nomination of a member or members to assist in the appeals process, and the position of planning officers in defending a committee decision that contradicts their own professional opinion. The updated protocol also acknowledges the potential value of involving nominated members in any discussion or consultation undertaken as part of any emergency action or decision required during the appeal process.

The protocol outlines the role of members in different types of planning appeals:

• Householder Appeal
• Written Representation, Informal Hearing & Public Inquiry Appeals

It also details the management of the appeal process and the role of officers, as well as the role of members as private individuals and parish/town councillors. Finally, it sets out how reviews of reasons for refusal are to be conducted.

Planning Appeal at Woodham Mortimer

The committee received and considered the Working Group's report on the scrutiny workplan item relating to a planning appeal at Woodham Mortimer. They endorsed the proposed revision and strengthening of the Planning Appeals Protocol.

The initial request sought a review of issues including the council's conduct in relation to an appeal against the refusal of application 22/00344/FULPP-11053774 for a travellers' site beside the A414 at Woodham Mortimer. Planning permission was granted on appeal, subject to conditions, on 21 August 2023 for the change of use of land for two gypsy/traveller pitches comprising the siting of one mobile home and one touring caravan per pitch on the site.

The Working Group received information based on legal advice as to the status and potential for implementation of the permission granted on appeal. They were satisfied that the implications of the missed deadline for a timetable to be submitted as required by condition 7 need no longer be scrutinised.

The Working Group noted that a number of errors had occurred throughout the process of the application and appeal. Officers acknowledged this and would look at potential process improvement with implementation of any outcomes to be balanced against the priority of processing planning applications. Members suggested new software providing a database for monitoring and flagging important steps in a process.

Planning Appeal at Church Road, Wickham Bishops

The committee received and considered the Working Group's report on the member scrutiny request relating to a planning appeal at Church Road, Wickham Bishops. They endorsed the proposed revision and strengthening of the Planning Appeals Protocol.

The scrutiny item request was submitted by Councillor Simon J N Morgan, Joint Leader of the Opposition. It concerned questions posed to the Assistant Director of Planning and Implementation by Wickham Bishops Parish Council concerning a planning appeal in Church Road, Wickham Bishops.

Three main questions were raised:

• Why was it felt that a response had to be given within such a short timeframe given that it was around Christmas holiday period?
• Why was withdrawal of the principal reason for refusal undertaken as part of the Council's response to the appeal when the Planning Inspectorate (PINS) was essentially asking for comments?
• Why was the decision taken to use emergency measures rather than bring the matter back to a planning committee?

The Working Group was mindful of the submission made by Mr Henry Bass in the public speaking session of the last meeting of the Committee. He had referred to the strong local objection to the development proposal and the decision of the North Western Area Planning Committee to overturn the Officers' recommendation of approval. He too questioned why an extension of time for a response to PINS had not been sought and expressed concern at how this matter had been dealt with under the Emergency Action provision without any consultation with the Ward Member.

The Working Group endorsed the bringing forward of a strengthened Planning Appeals Protocol resulting from the Woodham Mortimer traveller site/planning appeal scrutiny workplan item to help address a central issue in this scrutiny request, namely the added clarity as to the involvement of the nominated Member(s) in planning appeal matters.

Planning Enforcement

The committee received and considered the Working Group's report on the scrutiny watching brief item relating to planning enforcement. They were asked to determine whether any particular recommendations or references need to be made within the Council to assist with the operational issues currently experienced by the Planning Enforcement Team.

The committee has for some time had Planning Enforcement on its list of watching brief items which are monitored by the Working Group (WG). At its March 2025 meeting the WG was concerned to note that performance had started to deteriorate again after a period of good progress. The number of outstanding cases had increased again, and this was attributed wholly to renewed staffing difficulties, it being apparent that the team had never been able to operate at a full complement and lacked resilience.

The number of open cases presently stands at 321, this is 11 more than the March update figure. Out of those 321 – 29 have yet to be assigned an Officer; they have been logged in Uniform¹ and are on the master spreadsheet, but no action has been taken on them yet, other than they are having their site visits carried out. None of the cases are high priority, as defined by accordance with the Council's Planning Enforcement Policy in that they do not involve Tree Preservation Orders or Listed Buildings.

As of 1 April 2025, the establishment was reduced by one Enforcement Officer. The Enforcement Team now consists of the following:

• one Team Leader
• two Enforcement Officers one vacant post
• one Compliance Officer
• one Technical Support Officer vacant post

The Team is supported by the Head of Planning Policy and Implementation. A replacement Compliance Officer has now been appointed. This does mean that site visits are being carried out in a timely way and site visits are up to date.

The staffing issues are having an impact on the Team's performance. The level of outstanding cases is still being maintained in the low 300s, but it is very slowly rising – new cases are not being allocated to an officer unless they are priority cases (e.g. Tree Preservation Order matters, trees in Conservation Areas, Listed Buildings).

The Enforcement Team needs to pick up implementing the permanent enforcement requirements originally introduced by the Business and Planning Act 2020 (BPA20) covering the placement of furniture for the consumption of food and drink on the street. Previously the responsibility of Essex Highways, following changes in the Levelling Up and Regeneration Act 2023 (LURA), which came into force on 31 March 2024, this now falls to Local Planning Authorities.

The WG is mindful that planning enforcement is a high-profile service and acknowledges that communication is vital with a particular need to keep Parish and Town Councils updated. The Enforcement Team will, if requested, meet Town and Parish Councils and it has been suggested that the mapping app available to Members could be offered to Parish and Town Councils, subject to further discussion. Officers also consider that it would be beneficial to assist Members to offer some Planning Enforcement training particularly around taking formal enforcement action.