Democracy Spraffa

Item 7 Appendix 2

West Dunbartonshire Council · 14 December 2022
Back to Planning Committee — 14 December 2022 and its agenda

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Page 1

AssessmentNo 590 Owner alan.williamson
Resource Transformation Service/Establishment Regulatory
First Name Surname Job title
Head Officer Pamela Clifford Planning and Building Standards Manager
(include job titles/organisation)
Members James McColl, Team Leader (Development Management)
(Please note: the word 'policy' is used as shorthand for stategy policy
function or financial decision)
Policy Title Planning Enforcement Charter 2022
The aim, objective,purpose and intended out come of policy
All planning authorities require to have an Enforcement Charter which details
how the Planning Authority will deal with enforcement complaints and to
provide details of their enforcement powers. The Scottish Government expect
the Enforcement Charter to be reviewed every two years to ensure that it
reflects the up to date view of the Council of how it deals with enforcement
and also to reflect any changes in enforcement legislation. The layout of the
Enforcement Charter has been updated, however, the general focus and
content of enforcement procedures and guidance remain relevant and have
not been changed by any new legislation in the interim.
Service/Partners/Stakeholders/service users involved in the
development and/or implementation of policy.
The Planning Enforcement Charter sets out how Scottish Government policy
will be implemented at the local authority level by the planning service.
Does the proposals involve the procurement of any goods or
services? No
If yes please confirm that you have contacted our
procurement services to discuss your requirements. No
SCREENING
You must indicate if there is any relevance to the four areas
Duty to eliminate discrimination (E), advance equal
opportunities (A) or foster good relations (F) Yes
Relevance to Human Rights (HR) Yes
Relevance to Health Impacts (H) No
Relevance to Social Economic Impacts (SE) No
Who will be affected by this policy?
Potentially everybody in West Dunbartonshire, but in particular developers and those affected
by development.
Who will be/has been involved in the consultation process?
Please outline any particular need/barriers which equality groups may have in relation
to this policy list evidence you are using to support this and whether there is any
negative impact on particular groups.
Needs Evidence Impact
Age
Cross Cutting The Council has
made a commitment
Equalities impacts
have been assessed
The original Scottish
Government EIA
ITEM 7 APPENDIX 2

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to actively widened
and deepen
engagement with
BSL users The
Council has an
equality outcome on
involving under
represented groups
Some people are
members of more
than one
disadvantaged group
in planning,
implementing and
monitoring policy
we need to take
account of this
by the Scottish
Government in the
introduction of new
enforcement
regulations
http://www.scotlan
d.gov.uk/Publication
s/2007/10/310933
16/11">http://www
.scotland.gov.uk/Pub
lications/2007/10/3
1093316/11
Relevant issues may
be raised and
disseminated by the
Scottish
Enforcement Forum.
noted benefits for
disabled people and
Gypsy travellers
Disability
The Council has a
legal duty to make
services accessible
to disabled people
The Charter refers to
the serving of
notices, completion
of forms and display
of written
information. There
may therefore be an
issue regarding
accessibility to the
information for
people who are
visually impaired.
Communicating
Effectively guidance
is followed, this
should support
access to our
services
Social & Economic
Impact
Sex
Gender Reassign
Health
Human Rights
All UK legislation
and regulation must
be compatible with
the Human Rights
Act The specific
Articles of the ECHR
relevant to planning
include Article 6
(Right to a fair and
public trial within a
reasonable time),
Article 8 (Right to
respect for private
and family life, home
and
correspondence),
Article 14
(Prohibition of
discrimination) and
Human rights and
equalities
considerations often
cross cut
An active awareness
of Human Right
obligations will help
protect rights

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Article 1 of Protocol
1 (Right to peaceful
enjoyment of
possessions and
protection of
property).
Marriage & Civil
Partnership
Pregnancy &
Maternity
Race
Some ethnic groups
may be more likely
not to have English
as a first language;
Council services
must follow
Corporate
Communications
Guidance The
Council has an
obligation to foster
good relations
between
communities, and
wishes to sustain
and grow positive
relations with
Communities such
as Gypsy/travellers
The Charter refers to
the serving of
notices, completion
of forms and display
of written
information. There
may therefore be an
issue regarding
accessibility to the
information for
people who do not
speak English as a
first language.
Communicating
Effectively guidance
is followed, this
should support
access to our
services
Religion and Belief
Sexual Orientation
Actions
Policy has a negative impact on an equality group,but is still to be implemented, please
provide justification for this.
None
Will the impact of the policy be monitored and reported on an ongoing bases?
Q7 What is you recommendation for this policy?
Intoduce
Please provide a meaningful summary of how you have reached the recommendation
The proposal has been screened and is relevant in terms of equality and human rights.
Effective communications is highlighted as an area, that is especially important, therefore
following the Council's Communicating Effectively guidance will help ensure clear
communications with disabled people and those for whom english is not a first language.