Agenda item

To consider an update report by the Planning and Environmental Law Manager

The Chair varied the order of business to enable the following item to be considered next as a decision was required.

Referring to the Minutes of the meeting held on 9^th May 2012, the Committee considered the report of the Development Manager which updated Members following a Preliminary Hearing by the Inspector into Enforcement Notice Appeals at this site.

The Planning and Environmental Law Manager submitted an Update Report (see Appendix 4 attached to these Minutes) updating Members on the situation since the despatch of the Agenda papers and on the papers that had been received. She also informed the Committee that there was a further report containing Leading Counsel’s advice which needed their consideration and should be taken in Exempt Session.

The Development Manager referred to the Public Local Inquiry held recently where the Inspector held the Preliminary Hearing on the Appellants’ submissions on a point of law (“res judicata”) and the interpretation of the Secretary of State’s decision on the 2003 “call-in” Public Inquiry on the extent of the B2 fall-back position. The Inspector’s Ruling had now been received and was before Members for information and from which the Committee could see that the Inspector found in favour of the Council and the Rule 6 parties on both the “res judicata” point and on the interpretation of the 2003 Secretary of State’s decision. Due to the Preliminary Hearing, the Inspector had put forward a revised timetable. The time for the Council to consider receipt of late information by the Appellants was 1^st March. The Committee’s attention was also drawn to the Inspector’s concerns regarding the wording of Notice 1 and Members were advised that further consideration was being given to this to take on board those concerns.

After Officers responded to some queries by Members, the Committee noted the Reports.

The Committee considered the proposal to move into Exempt Session for the further report. After a short debate, the following Resolution was agreed:

That, having been satisfied that the public interest would be better served by not disclosing relevant information, and in accordance with the provisions of Section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business because of the likely disclosure of exempt information as defined in Paragraph 5 (Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) and Paragraph 6 (Information which reveals that the authority proposes (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person, or (b) to make an order or direction under any enactment) of Part 1 of Schedule 12A of the Act as amended (Voting: 11 in favour and 1 against and 1 abstention.)

The Committee considered further information relating to issuing “second bite notices” under Section 171B (4) (b). A date at the end of the penultimate paragraph was amended from 2012 to read 2013.

RESOLVED to authorise the Divisional Director for Planning and Transport Development, in consultation with the Planning and Environmental Law Manager, to exercise the powers and duties (as applicable) under Part VII of the Town and Country Planning Act 1990 (including any amendments to or re-enactments of the Act) to issue an enforcement notice or enforcement notices under Section 171B (4) (b) within 4 years of the purported enforcement action (the 2009 enforcement notices). The Committee further resolved that the “second bite” notice or notices should therefore be issued by the Council on or before 24^th February 2013.

(Note: At this point, the Committee returned into Open Session to consider the remaining business)