Agenda item

To make arrangements to agree the circumstances where planning enforcement action would not be progressed so as to enable the temporary extension of working hours on construction sites.

The Chair had agreed to the following item of business being considered at the meeting as an urgent item in accordance with Section 100(B)(4)(b) of the Local Government Act 1972 (as amended) to allow the Council to respond to a Ministerial Statement in a timely manner.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   

As part of its response to supporting businesses, a Written Ministerial Statement had been published on 13 May 2020 which indicated that local planning authorities were expected to approve requests to extend construction working hours temporarily to ensure safe working in line with social distancing guidelines until 9pm, Monday to Saturday, unless there were very compelling reasons against this. This would facilitate safe working and social distancing on site and help reduce pressure on public transport.

It was the Authority’s general practice to impose a condition restricting construction working hours from 8am-6pm on Monday to Friday, 8am-2pm Saturday and no working on Sundays and Bank Holidays. Where complaints were received these matters would normally be investigated and where harm was identified, formal enforcement action would be progressed. Whilst this condition would remain in place, the effect of the relaxation of working hours as proposed by the Secretary of State, would be that the Authority would be expected to use discretion in the use of its available enforcement powers.

Developers would be required to apply to the Authority who would have to respond within 10 days. To ensure that consideration was given to the ongoing protection of local amenity developers would be encouraged to provide a range of information to be taken into account in considering their requests including:

•   an explanation of the need to extend the hours;

•   a site plan to show distances to houses and other sensitive uses such as care homes;

•   a commitment to carry out any noisy works during "normal hours”;

•   an explanation of proposed activities considered for the extended hours; and

•   if necessary, a noise management plan.

Whilst the arrangements to temporarily extend construction working hours would largely be dealt with informally, given the potential sensitivity of such changes, it was proposed that a clear record of the informal advice issued would be maintained and to have a clearly agreed position, on a site by site basis, as to the circumstances in which a discretionary appropriate to the enforcement of working hours will be taken.

Where developers failed to adhere to the agreed, informal arrangements, the Authority would maintain the ability to enforce against the original condition which would remain extant, having regard to national enforcement policy. Alternatively the Authority could still take appropriate action under other relevant legislation.

The Committee asked that ward councillors be notified of any requests received from developers so that they may be prepared to explain to residents the basis for extended hours of construction working.

Resolved that (1) the Head of Environment, Housing and Leisure, in consultation with the Chair and/or Deputy Chair of the Planning Committee, be authorised to agree to suspend enforcement activities relating to site working hours on a temporary basis to allow extended working periods on construction sites across the Borough on a case by case basis; and

(2) the Head of Environment, Housing and Leisure be authorised to put in place relevant procedures to implement the above recommendation and set out, for each site where there has been a request to extend working hours, the basis on which extended hours are agreed.