Agenda and minutes

Apologies for absence were received from Councillor M Jones and Councillor D Ruff. 

Members are requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

Members were requested to declare the existence and nature of any disclosable pecuniary interest and/or other interest, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

Councillor S Clough declared an interest in his capacity as a Member of the Rykneld Homes Board of Directors. He indicated he would remain and participate in the meeting. 

To approve as a correct record and the Chair to sign the Minutes of the Organisation Scrutiny Committee held on 24 January 2023.

RESOLVED – That the Minutes of the previous meeting of the Organisation Scrutiny Committee held on 24 January 2023 be approved as a correct record and signed by the Chair. 

To receive an update on Rykneld Homes – Lorraine Shaw, Managing Director Rykneld Homes Ltd.

The Managing Director of Rykneld Homes delivered a presentation to Members updating them on the work being undertaken by Rykneld Homes. This included:

• Partnership between Rykneld Homes Ltd (RHL) and North East Derbyshire District Council (NEDDC)
• Working with Cabinet and Councillors
• Governance Arrangements
• Tenant-led Operational Board (Non-decision Making)
• Asset Management Strategy
• Housing Services
• Enforcement
• Developing Talent 

Members referred to the Enforcement section of the presentation and were concerned that sometimes Enforcement was brought in too late as part of the anti-social behaviour process. The Managing Director (Rykneld Homes) explained that it was complex for Rykneld to manage this because of housing law.

Members felt that Rykneld Homes had been providing a very good service, and links between them and the Council might strengthen when both were in the same building at Mill Lane.

RESOLVED – That Committee noted the update.

Interview 10.00 am – Julian Hawley, Principal Planning Enforcement Officer.

The Chair welcomed the Principal Planning Enforcement Officer to the Environmental/Planning Enforcement service review interview.

The Chair explained that the following questions had been submitted to the Principal Planning Enforcement Officer prior to the meeting:

1. How do the Planning and Environmental enforcement teams work together on environmental enforcement cases?
2. How do the Planning and Environmental enforcement teams work with outside agencies on environmental enforcement cases?
3. What do you think is best practice?
4. Is the Council working with partners effectively?
5. Which partners are the most difficult to contact?
6. How are enforcement queries handled and what processes are in place to track them?
7. How quickly are queries dealt with?
8. Do you have any suggestions for improvement?

The Principal Planning Enforcement Officer presented his responses as follows:

1. How do the Planning and Environmental enforcement teams work together on environmental enforcement cases?

There are a range of different frameworks set out in legislation that the Council’s various enforcement teams work within.

-       As the law surrounding environmental enforcement is considerable and very broad, it is not possible for one team to know everything to do with all aspects of

-       We each have our own specialism, knowledge and expertise

-       We each have our own support network for help and guidance e.g. planning officers to discuss planning merits.

Planning law prescribes circumstances where local planning authorities are required to consult specified bodies prior to a decision being made on an application.

The decision maker (e.g. planning officer), decides who to consult. 

Similarly, the planning enforcement officer will decide who to consult, seek advice and help from, where there is a breach of planning control.

Officers understand what can be taken into account in planning and what cannot. If it’s something planning cannot take into account then it may be best dealt with by another team.

We carry out some initial investigations at this point we may know

•           Is it a Rykneld property? Is there a tenant?

•           Is it Council property, rented, sub-let?

•           Information on Council tax records, business rates?

•           EPR register, are the owners dangerous etc.?

The allegation determines who we get involved and when

•           Use of land involving noise, burning etc. then we will ask EH.

•           Use of buildings involving breeding dogs then we ask Licencing.

Share evidence and information on investigations, write witness statements etc.

Make an assessment of urgency, how quickly something needs to be dealt with or stopped.

Planning isn’t necessarily a quick fix, but can have lasting effects for controlling development.

Set up the Corporate Enforcement Group (CEG) where we discuss high profile/priority cases and increase information sharing between Council departments.

•           Conscious of the customer – rather have a single point of contact however reports could be made either via email or through the ‘report it’ function on the Council’s website. 

•           Some of this is information has to be asked through formal channels with internal sharing agreements GDPR – taken time to implement.

•           Other cases we can go to  ...  view the full minutes text for item OSC/54/22-23

Triangulation of Evidence – Scrutiny Review.

The Committee considered all of the evidence which it had received during its review of the Council’s Planning Enforcement Service.

The Committee identified areas of good practice such as:

• Officers on top of the job
• Every breach dealt with
• Software working well
• Good digitisation
• Now have an Enforcement team
• Team functioning at its maximum
• Ombudsman case – due process followed

Members also highlighted a number of areas for improvement. These included:

• Help with staffing numbers (admin staff)
• Better communication
• Number of emails being received means some are missed – one point of contact is important
• Perception of difficulties
• Communicating to the public the service’s prioritisation methods
• Too many cases – cannot deal with them all
• Member Training – to improve Member awareness of cases and be able to report back to Parish Councils
• No KPIs for service
• Might not want to take action
• Some partners difficult to communicate with but this is generally down to factors outside of the Council’s control
• Local Enforcement Plan needs updating
• More regular reporting to a Committee
• Standard response at start of process

RESOLVED – That the draft report on the Committee’s review be prepared and submitted to Committee for approval. 

To consider the attached Forward Plan of Executive Decisions dated 15 February to 15 March 2023.

The most up-to-date Forward Plan of Executive Decisions can be accessed via the following link:

https://democracy.ne-derbyshire.gov.uk/mgListPlans.aspx?RPId=1137&RD=0&bcr=1

RESOLVED – That the Forward Plan of Executive Decisions be noted.

To consider the Committee’s Work Programme.

The Senior Scrutiny Officer informed Members that the next scheduled meeting of the Committee had been moved from 16 May 2023 to 18 April 2023. 

RESOLVED – That the work programme be noted. 

To consider any other matter which the Chair of the meeting is of the opinion should be considered as a matter of urgency.

There were no additional urgent items.  

The next meeting of the Organisation Scrutiny Committee is scheduled to take place on Tuesday 18 April 2023 at 10.00 am. 

The next meeting of the Organisation Scrutiny Committee was scheduled to take place on Tuesday 18 April 2023 at 10.00 am.