Issue - meetings

Civil Penalties under the Housing and Planning Act 2016

Meeting: 10/07/2018 - Service Delivery Committee (Item 13)

13 Civil Penalties under the Housing and Planning Act 2016 pdf icon PDF 93 KB

Report of the Environmental Health Officer

Additional documents:

Minutes:

The Committee gave consideration to the report and appendices (at pages 71 - 88) as delivered and summarised by the Head of Law & Governance / Monitoring Officer which should be read together with these minutes as a composite document.

 

It was raised by the Committee and advised by Officers that adequate training had been provided to Officers. It was emphasised that a decision between prosecution and a penalty had to be made, but the same evidential standards applied. It was clarified that penalties administered would be returned to the Council and, if left unpaid, payment would be retrieved through the civil debt recovery process. A national database of offenders was also said to be available for checking.

 

Members agreed that the level of the penalty should be set by the Head of Law & Governance. Members stated that, when a decision was taken, there needed to be more proportionality between offenders’ income and any proposed penalty. The Committee also requested that more details as to recoverable costs should feature in the Policy. Officers advised that such amendments were to be made accordingly.

 

It was moved by the Chair, seconded by Councillor K J Loydall and

 

UNANIMOUSLY RESOLVED THAT:

 

(i)       The proposed Policy (as set out at Appendix 1) be approved by Members; an

(ii)     Delegated authority is given to the Head of Law & Governance / Monitoring Officer, following consultation with the Chair of the Service Delivery Committee, to make minor amendments to the Policy to reflect changes in fact and law and in relation to recoverable costs.