Agenda item

(To receive a report which sets out the background to the procedures the Council has in place for monitoring waste sites in Lincolnshire)

Consideration was given to a report which set out the background to the procedures the Council had in place for monitoring waste sites in Lincolnshire.  Following a number of fires at waste sites within the County, the report provided councillors with information in relation to the mechanisms in place to ensure that waste sites were regularly inspected to minimise the risk of unauthorised activity taking place.  Breaches of planning control increased the risk of fires or other unacceptable environmental impacts taking place and therefore it was essential that sites were inspected regularly as set out ibt eh Council's Local Enforcement Plan.

The Committee received a presentation from the Enforcement Team Leader and Planning Manager, and provided further information in relation to the following areas:

·         Granted "subject to conditions"

·         Waste (England & Wales) Regulations 2011 s19

·         Periodic Inspections – LEP

·         Planning Enforcement (paragraph 207 of the national Planning Policy Framework 2012)

·         Planning Enforcement

·         Carnwath report 1989

·         Enforcement 'Toolkit'

·         Planning Enforcement – Discretion /expediency test

·         Legal Aid, Sentencing and Punishment of Offenders Act 2012: came into force 12 March 2015.  Section 85

·         Enforcement 'Toolkit' – Penalties

·         Enforcement 'Toolkit' – injunction

·         Enforcement 'Toolkit' – Direct Action

·         DCLG 31 August 2015

·         The impact of "POCA" (Proceeds of Crime Act 2002)

·         POCA – Recent Compensation Orders

·         POCA – Proceeds of Crime – Del Basso

·         POCA

The Committee was provided with the opportunity to ask questions to the officers present in relation to the information contained within the presentation and some of the points raised during discussion included the following:

·         It was commented that this was a really good presentation and members felt assured by it;

·         It was suggested that a proposal be made to the Secretary of State that the first inspection of a site was free, but if subsequent inspections were required, then they should be charged for.  However, members were advised that there was nothing in the legislation that would allow authorities to do this, but the government had asked for suggestions on how planning enforcement could be strengthened.  The Committee agreed that a letter should be sent on behalf of the Committee, supporting change that would enable local authorities to charge for inspection costs;

·         It was noted that a charge could be made for inspections of minerals sites, and the government was considering extending this to all waste sites;

·         Members were advised that every visit related to a prosecution could be added to the costs;

·         Officers did rely on members of the public to inform the authority where there were issues with mineral and waste sites.  There would be a condition on most planning permissions in relation to the need for wheel washing.  If officers received reports of unacceptable levels of contamination on the highway, this would be investigated;

·         Members commented that this was an excellent presentation and had always had confidence in the enforcement team.  Members had always received good co-operation from the team when there had been reason to contact them;

·         It was acknowledged that enforcement could take a long time, but this was due to the processes which had to be followed, and it was important that officers followed the correct procedure;

·         In relation to contamination of land, it would always be the responsibility of the land owner, and if the land owner could be fined, then they would be;

·         In relation to waste issues, the County Council was responsible for enforcement;

·         It was suggested whether alternative uses could be found for waste tyres such as using them for planters in villages;

·         It was queried whether people would be more likely to comply with planning enforcement notices if non-compliance became a criminal offence?

·         There had been a change in culture and people were more willing to take risks;

·         Officers had made representations for the waste and mineral law and planning law to be strengthened;

·         It was proposed that the Committee should support a strengthening of the law in this area;

·         The continued sharing of information between local authorities was important in tackling enforcement matter and authorities worked together to secure a prosecution.  Where it was believed that there was a breach of condition in relation waste/minerals this would automatically trigger the involvement of the Environment Agency;

·         A breach of Environment Agency conditions was a criminal offence and the Agency had powers to prosecute from day one of the breach;

·         It was commented that the presentation had been extremely interesting and it was clear there had been a lot of movement in procedures over the past 30 years.

RESOLVED

1.    That the presentation and comments made be noted;

2.    That a letter be sent on behalf of the Committee to the Secretary of State in relation to the suggestion to charge for required subsequent inspections following an initial visit;

3.    That the Committee also advise the Secretary of State that it would support a strengthening of the law in relation to waste and minerals and planning in general.