Part 6 - Officer Scheme of Delegation

1.1

In this Scheme of Delegation the term Special Delegation refers to the procedure whereby a decision is taken by a Delegated Officer following consultation with and agreement by -

In respect of the Cabinet - the Leader (or in his/her absence, the Deputy Leader) and the relevant Portfolio Holder (or in his/her absence, the Deputy Portfolio Holder) and in any other circumstances any two of the above four office holders

In respect of Area Committees, at least two of, the Chairman and Vice Chairman and, where applicable, the Minority Representative of an Area Committee, as appropriate.

1.2

Where a Delegated Officer takes a decision under the Special Delegation procedure he or she must sign the Special Delegation form as well as the appropriate Members of the Council.

1.3

The appropriate Delegated Officer shall carry out the functions and powers set out in the Annexe A

1.4

Any Special Delegation decision taken in relation to Cabinet will be subject to the call in rules as detailed at Rule 16 of the Cabinet Procedure Rules. Copies of the decision will therefore be provided to the Chairman and Vice Chairman of Scrutiny Panels. Matters of urgency will not be subject to call in.

2.1

The appropriate Delegated Officer shall carry out the functions and powers set out in the Annexe B.

2.2

Every Delegated Officer may delegate his or her functions or powers to such other officer as he or she may delegate. Unless expressly stated any such delegation shall be deemed to be for all decisions within the delegated function or power and for an unlimited period.

2.3

Any officer to whom a function or power has been delegated can decide that it is not appropriate for him or her to exercise their delegation and can refer the decision to be made to the appropriate Delegated Officer or Cabinet or Area Committee, as appropriate.

2.4

Any variation in the allocation of the functions and powers set out in the Annexe shall only be made collectively by the Management Team (i.e. the Chief Executive and Policy Directors).

2.5

Any addition to or removal of functions or powers from the Annexe shall only be made by the Cabinet or Planning and Regulatory Panel as appropriate.

2.6

Any delegation by a Delegated Officer or variation by the Management Team under this Scheme of Delegation shall only take effect once it has been notified in writing to and recorded by the Monitoring Officer.

2.7

Any decision taken by a Delegated Officer or other officer, to whom he or she has delegated his or her function, shall be recorded in writing in an appropriate file or other permanent form of record.

1.1

In an emergency, if he considers it necessary in the interest of the efficient administration of the Council's service, to exercise any of the powers or duties of any other officer.

1.2

In war emergencies to exercise the powers of the Council, consulting the Leader and Deputy Leader of the Cabinet.

1.3

To appoint proper officers.

1.4

To appoint officers to attend conferences.

1.5

To arrange civic and ceremonial functions.

1.6

In consultation with the relevant Chairman and Vice-Chairman of the meeting concerned to deal with requests for radio/television coverage of meetings of their committees.

1.7

In the event of a vacancy in any policy director's post, if he thinks necessary, to appoint and fix the remuneration of another officer temporarily to exercise the duties of the post, until the vacancy is filled.

1.8

To approve appointment of employees who are related to Councillors other than those dealt with by the Committee.

1.9

To be electoral registration officer and returning officer at election.

1.10

After consultation with the Head of Legal and Property Services to make contributions via the LGA (or any body which assumes its functions) towards other local authorities' costs of litigation significant to local government as a whole.

1.11

In order to remove the need to refer planning applications from Committee to Committee with all the consequent confusion for the public, the Chief Executive shall determine any application submitted by an Area Committee where that Committee also manages the land concerned, provided that in each case the application has been first considered by the appropriate Area Committee and a recommendation made.

1.12

In cases where the Chief Executive has misgivings about an application referred to above, the application be referred to the Regulatory Panel (or Council if appropriate)

1.13

To approve the settlement of any claim made by or against the Council which cannot under this Scheme of Delegation be settled by any other Delegated Officer.

1.14

To approve appointment of employees who are related to senior officers other than those dealt with by the Committee.

1.15

To make arrangements for Members' training.

1.16

To appoint officers to be authorised or designated for the purposes of the Regulation of Investigatory Powers Act 2000.

2.1

To purchase items necessary for the undertaking of their functions within the provision of the annual revenue estimates/capital programme.

2.2

To settle any claim made by or against the Council in a sum not exceeding £5,000 on such terms as may be recommended by the Head of Legal and Property Services as the most reasonable that can be practically achieved.

2.3

To determine awards under the staff suggestion scheme.

2.4

To manage the employees for which they are responsible in accordance with approved policies, practices and procedures.

2.5

To approve the waiving of the Standing Orders relating to contracts in the circumstances detailed in the Contract Regulations.

2.6

To approve collectively as the Management Team any changes necessary from time to time to the procedures pursuant to the Regulation of Investigatory Powers Act 2000.

3.1

To manage the employees for which they are responsible in accordance with approved policies, practices and procedures.

3.2

To purchase items necessary for the undertaking of their functions within the provision of the annual revenue estimates/capital programme.

3.3

To issue any statutory notice or order needed in connection with the exercise of delegated powers by any Committee, Sub-Committee or Officer where the subject matter of the statutory notice or order is within the work undertaken by the Unit concerned.

3.4

To authorise legal proceedings in a county court or magistrates' court where the subject matter of the proceedings is within the work undertaken by the Unit concerned.

3.5

To authorise the enforcement of any notices or orders given or made by the Council, the Cabinet or by any Committee, Sub-Committee or Officer where the subject matter of the notice or order is within the work undertaken by the Unit concerned.

3.6

To authorise the enforcement of the terms of any agreement, contract, licence, lease or any other legal instrument to which the Council is a party where the subject matter of the agreement etc. is within the work undertaken by the Unit concerned; this includes the issue of court proceedings in the High Court if necessary.

3.7

To carry out works of general maintenance.

3.8

To apply for any grants or subsidies to which the Council is, or may be, entitled where the subject matter of the grant or subsidy is within the work undertaken by the Unit concerned.

3.9

To accept tenders, subject to their being the most economically advantageous to the Council except where this would lead to compulsory redundancy amongst the Council's workforce.

3.10

To act as nominated officer under any contract for works or services in respect of which the Unit concerned is acting as client or to depute a member of his/her staff so to act; except where the Council nominates a consultant instead of an officer.

3.11

In connection with the preparation and execution of all contracts in respect of which the Unit is concerned:

1. to deal with minor amendments to plans;
2. to authorise a variation in specification and materials when necessary; and
3. to give instructions to general contractors to place orders for prime cost items.

3.12

To take any decision so long as:

1. it does not undermine the Council's Core Values or contravene Standing Orders, eg contracts letting
2. it does not overturn a previous Member level decision or Members have expressly asked to determine the matter or there is a legal requirement for the matter to be determined by them.
3. Any apparent inherent expenditure can be accommodated through the Officers' powers in Financial Regulations
4. No reduction in public service results

4.1

To authorise legal proceedings in a county court or magistrates' court.

4.2

To enforce any notices or orders given or made by the Council, the Cabinet or by any Committee, Sub-Committee or Officer.

4.3

To enforce the terms of any agreement, contract, licence, lease or any other legal instrument to which the Council is a party, this includes the issue of court proceedings in the High Court if necessary.

4.4

To execute contracts to buy or sell an interest in land subject to appropriate authority having been given.

4.5

To authorise any qualified person to represent the Council in legal proceedings and inquiries.

4.6

To issue proceedings in the County Court and lay information, and apply for warrants in the Magistrates Courts.

4.7

To issue or withhold any consent or approval under the terms of any lease, conveyance or other instrument.

4.8

The grant of licences, tenancies, and leases when land is not immediately required for the Council's own purposes, or for disposal by way of sale and the grant of rights of way and easements , subject to the licence charge, rent sale price or right of way or easement fee being agreed by the Council's appointed Valuer at an appropriate open market value.

4.9

To approve terms for the acquisition or disposal of any interest in or licence concerning land or property (including rental levels or licence fees) which has been previously approved in principle by the committee.

4.10

The sale of land and the grant of tenancies, easements and wayleaves for the installation of the equipment of statutory undertakers, including Gas Governing Installations, Electricity Sub Stations, Water and Sewerage facilities and telecommunication equipment in, on, over or under any land.

4.11

To deal with proposals for revocation of licences, permits, certificates etc. (other than planning permissions) issued under delegated powers.

4.12

To confirm unopposed tree and woodland preservation orders.

5.1

To pay salaries, wages, honoraria and professional subscriptions in accordance with national and local agreements.

6.1

To apply for any grants or subsidies to which the Council is, or may be, entitled.

6.2

To pay allowances to Councillors and co-opted Members of Committees and Sub-Committees.

6.3

To undertake the Council's Treasury Management Function in accordance with such policies and strategy as the Council may adopt from time to time, including, but not restricted to:

1. approving virements in accordance with financial regulations;
2. agreeing financing arrangements for items in the capital programme;
3. fixing interest rates, for all loans made by the Council, except those fixed by any employees' contracts of service and the Government;
4. paying accounts for work done, goods supplied or services rendered;
5. Making any arrangements for the collection of income.

6.4

To write off any irrecoverable sum up to £5,000.

6.5

To maintain an adequate and effective system of internal audit in accordance with the Accounts and Audit Regulations 1996.

6.6

In consultation with Head of Housing Management, to deal with compensation claims of up to £5,000 from Council tenants affected by Council development.

7.1

To deal with variatious applications under the Data Protection Act 1998 and Freedom of Information Act 2000.

7.2

To deal with security standards and procedures under the Data Protection Act 1998 in consultation with the Head of Legal & Property Services and the Chief Internal Auditor.

8.1

To deal with all aspects of the valuation list including, but not restricted to:

1. Making proposals for its alteration or the inclusion therein of properties.
2. Objecting, at his/her discretion, to proposals for its amendment.
3. Entering into agreements relating to amendment or revision of its entries.
4. Approval of the apportionment of rateable value between parts of hereditament.

8.2

To authorise legal proceedings in respect of rate, community charge and Council Tax arrears.

8.3

To appoint officers to represent the Council before a valuation and community charge tribunal in connection with community charge and rating and Council Tax appeals; and before the magistrates in connection with rate, community charge and Council Tax arrears.

8.4

To grant relief of rates, community charge and Council Tax as authorised by statute and/or Council policy.

8.5

To write off any irrecoverable debt or overpaid benefit of up to £1,000 in relation to Council Tax, Community Charge, NNDR.

8.6

To deal with applications for rent rebates, rent allowances and Council Tax benefits.

8.7

To determine applications under the Housing & other relevant Benefits Schemes.

8.8

To authorise legal proceedings and sanctions in respect of benefit fraud.

9.1

To deal with applications for the approval of schemes for village or community halls, recreational and sports facilities for which grant has already been approved.

9.2

To deal with the letting and use of halls, and recreational facilities.

9.3

After consultation with the relevant bodies under the Crime and Disorder Act 1998 (the Act) and in consultation with the Head of Legal and Property Services and, where appropriate, the Head of Housing Management to authorise applications, in accordance with the agreed protocol, for anti-social behaviour orders to the Magistrates' Court under the Act.

10.1

In consultation with and on the advice, if necessary of other appropriate officers, to deal with all aspects of the purchase of Council dwellings including, but not restricted to, housing advances and mortgages.

10.2

To deal with applications for inclusion on the housing waiting and transfer lists.

10.3

To allocate points to housing applicants, subject in appropriate cases to professional advice from other officers.

10.4

To exercise the incentive scheme for secure tenants to move from larger to smaller accommodation.

10.5

To deal with homelessness.

10.6

To agree terms and to take on leases of properties to house the homeless and for other short term non-secure tenancies.

10.7

To manage County Council gypsy sites.

10.8

To take action in respect of any caravan, structure or tent and their occupants parked or placed unlawfully in the Salisbury District.

10.9

To determine what information shall be regarded as 'accessible' in accordance with the Access to Personal Files (Housing) Regulations,

10.10

To manage the Central Control and Vitalcall communication system.

10.11

To deal with all aspects of house renovation, minor works and disabled facilities grants.

10.12

To re-allocate capital allocations within the approved Housing Association Programme to projects that have received Cabinet approval.

11.1

To allocate tenancies of dwellings in accordance with the Council's housing allocation scheme or policy relating to applicants not covered by the scheme.

11.2

To deal with incentive payments and allowances in respect of modernisation or redevelopment of Housing Revenue Account dwellings.

11.3

To deal with applications for exchange of tenancies.

11.4

To serve notices to quit, notices seeking possession and notices to end introductory tenancies.

11.5

To arrange for eviction by a bailiff where a court has granted an order for possession of a Council dwelling, or a dwelling under mortgage to the Council.

11.6

To deal with assignments, successions and applications to sub-let secure tenancies.

11.7

To deal with applications for right to repair.

11.8

To allocate garage tenancies.

11.9

To deal with applications from tenants for permission to alter any Council dwelling, or to install fixtures and fittings, wiring, telephones, aerials or anything requiring work on the structure, or to provide hard-standings for vehicles at Council dwellings.

11.10

To deal with applications to park vehicles, caravans, boats or other moveable objects at Council dwellings.

11.11

To dispose of any equipment and materials removed from Council dwellings.

11.12

To deal with the provision of means of escape in case of fire and fire precautions at Council dwellings.

11.13

On the advice of the appropriate Officers, to deal with requests to make sites available for public utilities.

11.14

To write off any irrecoverable former tenant arrears of up to £1,000.

11.15

To determine reviews in respect of general matters, e.g. rent arrears, but not anti-social behaviour, following from the issue of Notices to end Introductory Tenancies

11.16

To sign Statements of Truth on all court forms in relation to proceedings for possession of council dwellings and current and former tenant arreas of rent.

12.1

To issue notices requiring persons having control of houses, not unfit for human habitation but requiring repair, to execute specified works

12.2

To determine the most satisfactory course of action for dealing with unfit dwelling houses, houses in multiple occupation or buildings.

12.3

To issue notices requiring persons having control of houses in multiple occupation to:-

1. execute works to provide amenities, having regard to the number of individuals or households accommodated;
2. provide adequate means of escape in case of fire; and;
3. prevent or reduce overcrowding.

12.4

To issue notices requiring action to be taken and to decide the nature of such action arising from the demolition of insanitary buildings.

12.5

To arrange for the burial or cremation of the dead where no suitable arrangements would otherwise be made.

12.6

To issue notices relating to nuisance.

12.7

To deal with the disposal of refuse and recycled materials.

12.8

To take all necessary steps in relation to abandoned vehicles.

12.9

To provide and fix litter bins or baskets in places which he considers suitable.

12.10

To make observations to the Environment Agency on applications for waste disposal licences.

12.11

To issue notices requiring the owner or occupier of any building within the district to provide and maintain a suitable receptacle for the storage of house refuse.

12.12

To authorise any necessary purchase of samples required in connection with the Council's consumer protection functions.

12.13

To deal with hours and days of trading and conditions of employment in shops.

12.14

On medical advice, to arrange for the removal to suitable premises of persons in need of care and attention.

12.15

To deal with any proposals for work in connection with the prevention of atmospheric pollution.

12.16

To determine applications for the authorisation of prescribed processes and the appointment of officers to undertake enforcement functions for the purposes of the Environmental Protection Act, 1990, Part I.

12.17

To authorise officers to undertake the functions in appropriate parts of the Environmental Protection Act 1990.

12.18

To authorise applications to a Magistrates Court for warrants pursuant to the Environmental Protection Act 1990.

12.19

To deal with applications for approvals, certificates, licences, permits or registration in respect of:-

• Caravan sites
• Pet animals, dog breeders, animal boarding establishments, riding establishments, guard dogs and zoos (with power to take veterinary advice in connection therewith)
• Food Businesses
• Knackers' yards
• Acupuncture, tattooing, ear piercing and electrolysis
• Amusements with prizes
• Game dealers
• Game, killing of
• House-to-house and street collections
• Public entertainments and remittance of whole or part of a fee on grounds that an application is of an educational or charitable purpose
• Scrap metal dealers
• Small lotteries
• Stage plays
• Theatres
     * Theatrical employers
• Betting & Gaming
• Cinemas, Theatres and places of entertainment
• Motor vehicle salvage operators

12.20

To deal with all matters delegated to "officers" under the Licensing Act 2003 and any regulations and orders made under it [in accordance with the scheme of delegation].

12.21

After consultation with the appropriate ward Councillor(s) to approve applications for waivers for sex shop licences for distribution of 18R video films.

12.22

To require the removal of noxious matter.

12.23

To take any necessary action to prevent the sale of verminous articles, and to arrange for their disinfection or destruction.

12.24

On medical advice (if necessary) to take any appropriate action to prevent the spread of disease, subject to the approval of the Chief Financial Officer of any compensation to be paid.

12.25

To take any necessary steps in connection with the cleansing of filthy or verminous premises.

12.26

To require articles to be cleansed, purified, disinfected or destroyed, as appropriate, or removed from premises.

12.27

To take any necessary action to prevent or restrict the removal of food which is likely to cause food poisoning.

12.28

To examine and test drains, etc. believed to be defective.

12.29

To require stopped-up drains, etc. to be remedied.

12.30

To require the provision of adequate drainage or repairs to existing drainage.

12.31

To require the provision of sanitary appliances at relevant places and to deal with other matters relevant to any such requirement.

12.32

To deal with land drainage matters.

12.33

In consultation with the Head of Financial Services, to deal with applications in respect of commercial waste (including waste of mixed hereditaments including a private dwelling).

12.34

To grant authorisation to persons for the purposes of the Food Safety Act, 1990.

12.35

To endorse any assignments or transfer of enforcement responsibility under sections 5 and 6 of the Health and Safety (Enforcing Authority) Regulations, 1989.

12.36

To appoint inspectors for the purposes of the Health and Safety at Work Act, 1974.

12.37

To determine all matters relating to the control of stray dogs.

12.38

To deal with matters relating to fairground safety.

12.39

To deal with letting of recreation facilities and sports pitches and the use of parks and open spaces for special events.

12.40

To take all necessary steps in relation to fouling of land by dogs, including the issue of fixed penalty notices.

12.41

To authorise the revocation of demolition or closing orders or the substitution of one for the other and the cancellation of undertakings.

12.42

To authorise the acceptance of undertakings in respect of work to be carried out on insanitary buildings.

12.43

To authorise the service of notices to quit arising from demolition orders.

12.44

To determine grants under PART XVI of the Housing Act 1985

12.45

To authorise any action in connection with the removal of verminous persons to cleansing stations.

12.46

To authorise any action in connection with the removal to suitable premises of persons in need of care and attention.

12.47

To deal with all aspects of private water supplies.

12.48

To deal with all aspects of the Pollution Prevention and Control Act 2000 and associated legislation.

12.49

To determine applications under the Dangerous Wild Animals Act 1976 unless there are circumstances which warrant the matter being referred to committee for consideration.

12.50

To undertake all necessary actions in relation to contaminated land under the Environmental Protection Act 1990 (as amended) including, but not restricted to:

• The service of notices
• The inspection of the District
• The identification of contaminated land
• Determining liability
• Identifying and notifying those who may need to take action
• Urgent remedial action
• Identifying appropriate remediation schemes
• Remediation action taken by the Council
• The service of remediation notices
• Recovering the costs of remediation
• The designation of sites as 'Special Sites'

12.51

In the City Area only:

1. To deal with the letting of allotments and recreational facilities, sports pitches and the use of parks and open spaces for Special Events.
2. To deal with applications for consent required under the terms of allotment tenancy agreements.
3. To deal with applications to erect headstones, memorials, and monuments in cemeteries.
4. To enter into agreements for grave maintenance.

12.52

To approve applications under Part II, Section 2 and Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 for sex establishment licences where there is no objection.

12.53

To exercise and authorise officers to exercise powers with regard to the control of imported food under the European Communities Act 1972 and associated regulations.

12.54

To determine the level of Houses in Multiple Occupation licensing fees, the terms of the licence and the information required from landlords and to approve, refuse or revoke licenses. That this will be undertaken with reference to good practice outlined in the 'HMO Licensing Project Plan' published by the Chartered Institute of Environmental Health, the HMO Network and other guidance published by the Office of the Deputy Prime Minister and in consultation with other local authorities.

12.55

To issue HHSRS (Housing Health and Safety Rating System) notices and determine enforcement charges and that the principles of the national enforcement concordat are implemented.

12.56

To exercise the powers conferred by the Clean Neighbourhoods and Environment Act 2005 and to appoint authorised officers to exercise those powers on his/her behalf, apart from the level of fines, which will be at the default level as set out in the Act unless amended by Council.

13.1

To approve applications for grants of up to £2,500 under the Listed Buildings Grant Scheme and the Conservation Enhancement Grant Scheme

13.2

The local member/s be consulted where a project to be funded from Section 106 developer contributions costs between £10,000 - £30,000 and if an objection is raised, the project be referred to the relevant Area Committee for determination; and

13.3

The delegated spending limit for the release of Section 106 contributions be £30,000.

13.4

To deal with proposals for changes in commons and public rights of way, (except maintained roads) where no objections have been received.

13.5

To request the appropriate government department to spot list buildings of architectural or historic interest which are under threat.

13.6

In an emergency, to issue building preservation notices.

13.7

To deal with the letting and use of public vehicle car parks.

13.8

To deal with offences under parking places regulations.

13.9

To deal with applications for licenses etc in respect of Hackney Carriages including drivers and operators, Private Hire Vehicles, Drivers Operators

13.10

To deal with the suspension/revocation of hackney carriage & private hire drivers licences.

13.11

To make holding objections to proposals for variation in bus or rail services, including fares, pending a Member decision.

13.12

To deal with proposals for variations in bus or rail timetables or routes, subject to no adverse comments having been received.

14.1

In an emergency, on the advice of the Head of Legal and Property Services to authorise the service of stop notices and applications for injunctions

14.2

a) To decide whether or not planning appeals shall be dealth with by means of written statements, hearings or public inquiries

b) That the Head of Development Services be authorised to disregard a reason for refusal, where an appeal to the Secreatry of State has  been lodged and the appellant has overcome that reason/s through further work or that new information has been tabled that would make pursuance of the case, in this respect unreasonable.

14.3

To advertise applications relating to development - in accordance with statutory and the Council's own guidelines

14.4

To instruct the Head of Legal and Property Services to take all necessary legal proceedings to secure the removal of any advertisements or signs, free standing stalls and display racks which are in breach of the Planning (Control of Advertisement) Regulations, 1992, and do not have the express consent of the Local Planning Authority.

14.5

To authorise Breach of Conditions Notices and Notices under S.215 of the Town and Country Planning Act 1990 subject to the Head of Legal and Property Services being satisfied with the evidence.

14.6

Subject to relevant Parish Council and Ward members being informed and given time to comment, to deal with notice of intent applications for operations to trees in designated conservation areas.

14.7

To deal with and determine the siting of telephone kiosks, police boxes, bus shelters, post boxes, fire alarms, hydrants and other similar street furniture.

14.8

To deal with and determine applications for the display of street banners.

14.9

To issue refusals of planning permissions on statutory direction from a public authority.

14.10

Subject to appropriate legal advice to deal with and determine applications seeking whether planning permission is required.

14.11

Subject to appropriate legal advice to deal with and determine applications for certificates of lawfulness of existing or proposed use or development.

14.12

To issue directions requiring the submission of details following receipt of an outline planning application.

14.13

To make appointments to the panel of architects.

14.14

To deal with and determine applications under the Building Regulations and related or similar legislation.

14.15

To take any necessary action in the interests of the safety of the public in connection with dangerous buildings or structures and the demolition of structures, subject to the powers of the relevant Housing and Environmental Health Officer.

14.16

To issue 'Planning Contravention Notices' and notices under S.330 of the Town and Country Planning Act 1990.

14.17

To grant authorisation to persons for the purpose of sections 196A, 196B, 214B and 214C of the Town and Country Planning Act 1990.

14.18

To make all necessary arrangements for site visits in consultation with the relevant chairman.

14.19

To deal with consultation responses on planning applications concerning neighbouring authorities.

14.20

To deal with all matters relating to the naming and re-naming of streets and numbering and re-numbering schemes.

14.21

To deal with and decide all matters under the Town and Country Planning (Environmental Impact Assessment) Regulations 1999 (or any regulations amending or replacing those regulations) including the adoption of screening opinions and scoping opinions.

14.22

To deal with consultations from statutory undertakers and the County Council under the relevant enactments.

14.23

1. To decide not to take enforcement action where the breach is trivial or can show no demonstrable harm.
2. That the Head of Development Services be authorised to initiate enforcement action (including Enforcement Notices and Temporary Stop Notices) and subsequent prosecutions, on behalf of the District Council subject to the Ward Member calling it in on behalf of the public or Parish Council, the Head of Development Services considering it expedient to exercise such powers and subject to the Head of Legal and Property Services being satisfied as to the evidence.

14.24

To direct an applicant to supply further information, plans, drawings and/or evidence in relation to any application.

14.25

To determine any Prior Notice Application required under the provisions of the General Permitted Development Order 1995 (or any Order revoking and re-enacting that Order with or without modification), subject to the following:

1. Prior Notifications (PNs), which are statutorily required to be determined within 56 days, (where a planning application is not requested), be determined under the Council's existing Special Delegation Procedure

14.26

Subject to Parish Councils and Members being consulted the determination of all matters related to the Hedgerow Regulations 1997 (or any regulations amending or replacing those regulations).

14.27

To deal with dangerous trees under the Local Government (Miscellaneous Provision Act) 1976.

14.28

To invoke when required exceptional delegation procedures, in accordance with the schedule outlined below, to determine matters, that otherwise would have been referred to committee, when there is a committee recess greater than four weeks or when a committee is cancelled.

To APPROVE applications covered by paragraph 14.29 (a) of this Constitution that

1. Do not accord with the structure plan or local plan
2. Do not accord with adopted local authority standards
3. Conflict with a material planning recommendation from a parish council (received via the relevant ward member - see operational note 2 below) or statutory consultee within the specified consultation period (14 days for parish councils) (and the judgement of the Head of Development Services as to whether it is a material planning recommendation shall be final)

And to REFUSE applications covered by paragraph 14.29 (b) that:

1. Conflict with a material planning recommendation for approval received from a parish council via the relevant ward member or statutory consultee within the specified consultation period (14 days for parish councils) (and the judgement of the Head of Development Services as to whether it is a material planning recommendation shall be final)

And in respect of Paragraph 14.28 (c) forward, REPRESENTATIONS upon Circular 18/84 applications submitted by government departments which:

1. Do not accord with the structure plan or local plan
2. Do not accord with local authority standards
3. Conflict with a material planning recommendation from a parish council or statutory consultee within the specified consultation period (14 days for parish councils) (and the judgement of the Head of Development Services as to whether it is a material planning recommendation shall be final)

These exceptional arrangements are all subject to the Head of Development Services considering it prudent to exercise these powers.

They do not extend to applications called to committee by a member, or where a councillor or member of staff has ownership or land management responsibility or where they are submitted by a member or employee of the Council, or spouse or partner thereof.

14.29

After having ensured that all statutory requirements have been complied with and after considering all representations received is delegated to:-

a) APPROVE all types of application submitted under the Town and Country Planning Act 1990, including those submitted under the Planning (Control of Advertisement) Regulations 1992, the planning (Hazardous substances) Regulations 1992 and the Planning (Listed Buildings and Conservation Areas) Act 1990 or any order or Act revoking and re-enacting that order/Act with or without modification, and to agree minor amendments to previously approved proposals,

PROVIDED THAT :

1. In the opinion of the Head of Development Services the proposal is in general conformity with the Local Development Plan, other adopted policy guidance or development brief.
2. They comply with all the relevant adopted local authority standards.
3. The decision would not conflict with any material planning representation submitted by an elected District Council Member within the specified consultation period (and the judgement of the Head of Development Services as to whether it is a material planning representation shall be final).
4. They would not conflict with any material planning representation received from a Parish Council within the specified consultation period (14 days) (and the judgement of the Head of Development Services as to whether it is a material planning representation shall be final).
5. On all applications the HDS will take the statutory consultees response into account within the prescribed period. If the view is contrary to the officer recommendation the HDS will decide whether the matter requires referral to an Area Committee
6. They are not submitted by a member or employee of the council or the spouse or partner thereof.
7. In all cases he considers it prudent to exercise his delegated authority, failing which he shall report the matter to the appropriate committee.
8. He is not responsible (wholly of partly) for the management of the land and buildings to which the application relates and for which the Council is the applicant.

SUBJECT

1. Where the Head of Development Services deems it appropriate in accordance with planning policies and guidance to the prior completion of agreements securing controls over the development or financial contributions/works for the benefit of the community (Section 106) and
2. To such conditions as the Head of Development Services deems it appropriate to impose on the grant of permission.

b) REFUSE all types of application submitted under the Town and Country Planning Act 1990, including those submitted under the Planning (Control of Advertisement) Regulations 1992, the planning (Hazardous substances) Regulations 1992 and the Planning (Listed Buildings and Conservation Areas) Act 1990 or any order or Act revoking and re-enacting that order/Act with or without modification, where he is satisfied that the proposals are contrary to the provisions of the appropriate structure or local plan, planning policy guidance and circulars, do not comply with relevant adopted local authority standards or would be contrary to established planning practice and would cause demonstrable harm to an interest of acknowledged importance.

PROVIDED THAT:-

1. The decision would not conflict with any material planning representation submitted by an elected District Council Member within the specified consultation period (and the judgement of the Head of Development Services as to whether it is a material planning representation shall be final).
2. The decision would not conflict with a material planning recommendation for approval received from a Parish Council (via the relevant ward member) within the specified notification period (14 days) (and the judgement of the Head of Development Services as to whether it is a material planning representation shall be final).
3. On all applications the HDS will take the statutory consultees response into account within the prescribed period. If the view is contrary to the officer recommendation the HDS will decide whether the matter requires referral to an Area Committee.
4. They are not submitted by a member or employee of the council or spouse or partner thereof.
5. In all cases the Head of Development Services considers it prudent to exercise his delegated authority failing which he shall report the matter to the appropriate Committee.
6. The Head of Development Services is not responsible (wholly of partly) for the management of the land and buildings to which the application relates and for which the Council is the applicant.

c) forward REPRESENTATIONS upon Circular 18/84 applications submitted by government departments

PROVIDED THAT:-

1. They accord with the provisions of the appropriate structure or local plan, other adopted policy guidance or development brief.
2. They comply with all the relevant adopted local authority standards.
3. The decision would not conflict with any material planning representation submitted by an elected District Council Member within the specified consultation period (and the judgement of the Head of Development Services as to whether it is a material planning representation shall be final).
4. They would not conflict with any material planning representation received from a Parish Council (via the relevant ward member) within the specified consultation period (14 days) (and the judgement of the Head of Development Services as to whether it is a material planning representation shall be final).
5. In all cases the Head of Development Services considers it prudent to exercise delegated authority, failing which he shall report the matter to the appropriate committee.

Operational Note

1) That members be given a 21 day period from the date of the weekly list to liaise with interested parties and the case officer, on all applications, to explore any issue or concern that could be overcome by negotiation. If a Ward Member is still not satisfied with the proposal, after these discussions, referral to an Area Committee will be an option for that Ward Member to pursue.

Recommendations of refusal will be notified to the Ward Member and five clear working days given for referral.

2) District Councillors to be responsible for determining referral requests for applications to come to Committee from the respective Parish and Town Councils in their wards, arrangements to work as follows:-

• For single Member District Council wards which contain Town/Parish Council(s) - if any ward member is absent or has an interest as defined by the Code of Conduct then they shall appoint a named "buddy" councillor from an adjoining ward to assume responsibility for the absence period/application in question, and notify the Head of Development Services and the Parish Councils in the Ward accordingly. Should no Councillor be appointed to cover for the concerned Ward Member, the Head of Development Services will have delegated powers to determine the application.
• For multi Member District Council wards which contain Town/parish council(s) referral to Committee will require at least one relevant District Council ward member without an interest so requesting.

14.30

To deal with all FASTRACK planning applications including publicity arrangements

14.31

1. In an emergency to make tree and woodland preservation orders; and at other times to make tree or woodland preservation orders, subject to the local ward member(s) being given seven days notice of the action to be taken.
2. That the Head of Development Services be authorised to modify, vary or revoke a Tree Preservation Order where required after consent has been granted to fell the tree, or the tree has died due to natural causes.
3. That the Head of Development Services be authorised to notify Parish Councils on the outcome of any notice of internent applications.

14.32

To deal with unopposed applications for felling of trees.

14.33

To submit holding objections to the granting of Goods Vehicle Operators Licences.

14.34

To deal with and decide all matters under the Conservation (Natural Habitats etc) Regulations 1994 (or any regulations amending or replacing these regulations).

14.35

To deal with and determine all complaints in relation to high hedges made pursuant to Part 8 of the Anti-Social Behaviour Act 2003 and any regulations issued thereunder.

14.36

To authorise persons to exercise the power of entry pursuant to Section 74 and 77 of the Anti-Social Behaviour Act 2003.

14.37

That the Council charges the maximum permitted fee in relation to High Hedge complaints under Section 68 of the Anti-Social Behaviour Act 2003 and regulations to be made thereunder.

14.38

That consideration be given whether to set different rates for different groups of people (for example, those on low income support benefits) and whether any refund should be allowed (for example if the matter is subsequently settled through mediation), if this is not covered in the forthcoming Regulations.

15.1

Grants to individual businesses of up to £500 (with match funding).

15.2

Council adviser to Economic Development and Tourism Partnership Groups including budget holder for Council funding channelled through these Groups.

16.1

To fix polling stations and polling places.

16.2

To decide which items in Committee reports to the Council shall be marked 'exempt information' - not for publication.