Decision details

The Cabinet considered a report of the Director of Environment that reviewed and sought approval of a revised Corporate Enforcement Policy in order to take account of updated guidance, codes of practice and new regulatory sanctions, which have been introduced since the Council’s Enforcement Policy was last reviewed in 2022. In addition, the report also sought approval to adopt the national issued Local Authority Building Control Enforcement Policy.

The Council is required to have an overarching statement of Enforcement Policy  which governs the way statutory enforcement functions are implemented. In this regard, the Council adopted the Enforcement Concordat in 2002 and established an enforcement policy to set out what businesses and others being regulated can expect from enforcement officers employed by the Authority. Since then, additional guidance, codes of practice and new regulatory sanctions have been introduced, and it is therefore, appropriate to update the Enforcement Policy to reflect these changes and ensure compliance.

The current Enforcement Policy was approved in 2022 and had been reviewed to ensure that the Council states its generic principles for good enforcement. The policy commits the Council to good enforcement policies and procedures, including carrying out our activities in a robust but fair way, which will support those who are regulated to comply and grow, avoiding imposing unnecessary regulatory burdens and assessing whether lesser outcomes could be achieved by lesser means. It also provides guidance on a range of options that are available to help the public achieve compliance with the legislation that the council enforces and how powers may be used to regulate and raise standards in various sectors.

In relation to Building Control, a request was made to adopt the national Local Authority Building Control (LABC) Enforcement Policy, which aimed to ensure consistent implementation of Building Control standards at a local level. The Enforcement policy is, therefore, a key document setting the updated guidance, codes of practice and new regulatory sanctions which had been introduced since the Council’s Enforcement Policy was last reviewed in 2022. This, it was hoped, would provide an opportunity for the users of the policy to see the updates.  The risks of not publishing the updated policy were that there may be reputational risks to the Council around transparency.

The policy sets out how the Council will be transparent in considering infringements by publishing options for consideration by Officers. The policy can be accessed by the public and regulated businesses and individuals. It supports the role of the Council in relation to its public protection responsibilities. The proposed enforcement policy was presented at Appendix 1 to the report and the LABC enforcement policy was detailed at Appendix 2.

Options/Alternatives

Option 1: Approve the implementation of the enforcement policy.

Option 2: Do not approve the enforcement policy.

Resolved:

1.    That the report be noted

2.    The Cabinet approves the Enforcement Policies, detailed at Appendices 1 and 2.