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Maidstone Borough Council

Regeneration and Sustainable Communities Overview and Scrutiny Committee

Tuesday 9 December 2008

Enforcement of Planning Conditions and Compliance of Section 106 Agreements Review– Recommendations Arising from the Workshop with Parish Councils

Report of: Overview and Scrutiny Officer

1.      Background

1.1        At the meeting of the Regeneration and Sustainable Communities Overview and Scrutiny Committee on 10 June 2008, Members agreed to carry out a review into the enforcement of planning conditions. 

1.2        At the extraordinary meeting of the Committee on 29 July 2008, Members agreed to include issues relating to the compliance of Section 106 Agreements (S106) as part of the review.  The relevant extract from the minutes of the meeting is as follows:

“That as part of the review of enforcement, the Committee consider the Cabinet Member’s report on development control, the structure and mechanisms for reporting non-compliance with S106s, the use of bonds, the approach of legal services and the Council’s approach to enforcement and make recommendations for improvement”.

1.3        The scoping document for this review is attached at Appendix A.

1.4     At its meeting on 11 November 2008, the Committee held a workshop with a number of Parish Councillors to discuss their experiences of Planning Enforcement and Compliance with Section 106 Agreements.  The workshop provided an opportunity for Parish Councillors to discuss the problems with the Service and to suggest possible solutions to improve the Service.  The draft notes from the workshop are attached at Appendix A to Agenda Item 7, Minutes of the Meeting held on 11 November 2008.

2.      Recommendation

2.1     Members are recommended to consider the notes from the workshop and make amendments as necessary and to make recommendations to Cabinet arising from the Workshop for inclusion in the Committee’s final report.