Council admits planning enforcement backlog with 170 cases more than four years old creates risk of immunity

A planning officer at Dorset Council has warned that the council may not be able to enforce alleged planning breaches with 170 cases more than four years old.

Anna Lee, service manager for development management and enforcement, told the unitary's Place and Resources Scrutiny Committee that the council is wrestling with 900 open cases, with around 400 cases being two years or older.

"Of those 400 cases, there are 170 which are older than four years old, so there is a risk of immunity on those cases," Lee added.

The comments came during a discussion of a review of the effectiveness of the council's Local Enforcement Plan and an internal audit of the planning enforcement service.

Immunity will not apply to all 170 cases as each case is subject to different conditions, according to Lee.

She said: "Immunity periods for planning enforcement vary according to the nature of the breach and there are some breaches which don't have an immunity period but nonetheless we do have an element of risk around those cases which are more than four years old - and then we have around 80 cases which predate Dorset council and so are older again."

Commenting on the backlog, Cllr Shane Bartlett, cabinet member for planning and emergency planning, said: "The effect of enforcement is essential in maintaining public confidence in the planning system.

"There is an outstanding order action to review cases which were opened before Dorset Council was formed, and this action will be broadened to cover older cases which are more than two years old.

"The current overall caseload for the team is too high and it is important that these backlog cases are reviewed to reduce any risk of immunity and to move to a position where the overall caseload is more manageable.

"This action to address the backlog will be the next area of focus for the team with the aim of making meaningful progress over the next year."

Adam Carey