Agenda item - Public Questions

Written Questions: to receive any questions submitted by the due date of 12 noon on ?? ?? 2018.

74.1    One public question has been received from Pippa Hodge of BADGE:

“Our Accessible City Strategy has now commenced, but it is in the very early phase. In the meantime, can disabled people in the city trust our Council to enforce businesses’ compliance with policies SA6 & CP5 of the city plan, Building Regulations Part M (Access to Buildings) and the Equality Act 2010 by using the full weight of the Law, swiftly and decisively, on any businesses, regardless of stature, should they fail to comply with imposed planning conditions within the stated time limit?”

Response:

“The Council, as local planning authority, has a legal duty to consider whether enforcement action should be taken where there is any breach of planning control. Although the actual taking of enforcement action is discretionary, in determining whether to take action the local planning authority must, and will, have regard to the public sector equality duty set out in the Equality Act.

Against this background, and as you are aware, where there is an alleged breach of planning control the Council will engage with the landowner and any others with an interest in the land concerned to establish whether there has been a breach and, if so, the circumstances surrounding it. Should the facts confirm that a breach has taken place the various enforcement options will be considered, ranging from no action if it is expedient not to do so, a negotiated solution, or the service of an enforcement or breach of condition notice.

However, whatever decision is taken as regards enforcement action you can be assured that the identity and stature of the person/body against whom the action may be taken is immaterial in coming to a decision as to whether or not such action should be taken.”

Supplementary question:

A previous planning committee stated that training in Part M of Building Regulations would be useful for the committee. Has this happened yet?

Response:

The Planning Manager noted the comments and stated they would look into the status of training for committee Members.