Scheme of Delegation Planning (Regulatory) Committee

APPENDIX A

SCHEME OF DELEGATION – PLANNING COMMITTEE

DATE OF APPROVAL: 13th August 2014

INTRODUCTION

This scheme replaces all previous Planning Committee Schemes of Delegation.

The following abbreviations are used:

PCttee-Planning Committee

CM-PH-Cabinet Member for Planning and Housing

SD-Strategic Director (with responsibility for Planning matters)

HDS-Head of Development Services

HLPS-Head of Legal and Property Services or Principal Solicitors

PDM-Planning and Development Manager

TL-Team Leader (Development Management)

SPCO-Senior Planning Case Officer

HDM-Heritage and Design Manager

TO-Tree Officer

LO-Landscape Officer

NPPF-National Planning Policy Framework

NOTES

When more than one Member orOfficeris listed then delegation can be exercised by any of them, but when in brackets ( ) delegation is only authorised in the absence of the preceding Member or Officer.
In the absence of any of the above Officers, the delegated authority may be exercised by the Chief Executive orany Director.
No Officer should make the final delegated decision on a case for which they have been the Case Officer.
For the avoidance of doubt: Legislation, regulations and Statutory Instruments are amended, repealed and replaced from time to time. Therefore any references to specific legislation, regulations or statutory instrument within this Scheme of Delegation are regarded as referring to any relevant successor legislation, regulations or Statutory Instruments.
In cases when the Ward Member(s) are not available or able to respond to requests seeking delegated authority the Chairman/Vice-Chairman of the Planning Committee will be empowered to respond as if they were the Ward Member. In the event of neither the Chairman/Vice-Chairman being available then the Cabinet Member for Planning and Housing will be empowered to respond as if he/she was the Ward Member. This delegated authority should only be used when Ward Members have aDisclosable Pecuniary Interest, or are not available for some reason.

References to Chairman or Vice-Chairman in the Scheme of Delegation refer to the Chairman or Vice-Chairman of the Planning Committee.

DELEGATED DECISION-MAKING – RECORDING DECISIONS

A file note which may be in an electronic format and within the Council’s computerised planning system, UNI-form, should be made to record every delegated decision, detailing the name of the Officer making the decision, the date of the decision and a brief summary of the reasoning behind the decision, and those informed of the outcome.

When considering the use of their delegated authority an Officer can, if he/she considers it more appropriate, refer the matter to the Committee for consideration. There is no obligation to make a delegated decision.

Unless, some other form of communication is agreed all consultations and responses should be by e-mail, copies of which should be retained. In circumstances when information is communicated orally, then an appropriate file note should be made.

DELEGATED ITEM / DELE-GATED TO / EXCEPTIONS AND
CONDITIONS
1 / General
1.1 / To respond on behalf of the Council to consultations from Government, Government agencies, the Local Government Association, other local authorities (except with respect to planning applicationsand similar consultations - see below), professional bodies and all other similar organisations, relevant to the work of the Committee and so long as:
(i) it is not possible to assess and present the matter to the Committee within the prescribed time for response; or,
(ii) the matter is considered to be of a relatively minor or straightforward nature not requiring prior debate by the Committee. / HDS
PDM
HDM
N.B. Con-current powers with CM-PH / Prior consultation with CM-PHand Chairman (Vice-Chairman).
2 / Right of Entry onto Land
2.1 / To exercise the Council's powers with respect to rights of entry onto land and into buildings under the relevant planning, historic building conservation, environmental and Local Government (Miscellaneous Provisions) legislation. / HDS
PDM
HDM / None
3 / Dealing with Planning and other relatedApplications and Notifications
3.1 /

All applications for planning permission or consents, including ListedBuilding Consent; TPO applications

The following provisos apply:
(i) All planning decisions must pay due regard to the provisions of the Development Plan, where applicable, and to legislation (including Regulations), Government guidance and circulars (including the NPPF), and all other relevant material considerations.
(ii) The relevant Ward Member(s) and Town / Parish Council / Parish Meeting must be notified either through the electronic planning alert system or individually in writing.
(iii) Any Member(s) can request that an application be referred to the PCttee for determination.
(iv) If an application is proposed for refusal, or if any written objection to an application is received but it is proposed to permit the application, the Ward Member(s) must be notified by the Case Officer and given seven calendar days within which he/she may require that the application be referred to the PCttee for determination. If no response is received within the seven day period, the delegated decision can be made as notified to the Ward Member(s).
(v) All applications and similar consents submitted by an Officer of the Council (or their partner, close relative or their partner’s close relative) must be the subject of consultation with the Ward Member(s) and the Chairman (Vice-Chairman).
(vi) Members should give reasons for referring applications to the PCttee, but must note that the PCttee can only take account of planning considerations. / HDS
PDM
TL
HDM (listed building consents and TPO applications only)
TO (TPO applications only / Types of applications NOT to be determined under delegated powers
(a) Applications submitted

by or on behalf of the Council,
for development on Council-owned land,
in which the Council has a direct interest.

(Any application required in connection with flood prevention / alleviation schemes is exempt from the requirement to be presented to the PCttee.)
(b) Applications submitted by, or on behalf of, or on land owned by

a serving Member of the Council
the partner, a close relative or a close relative of the partner of a serving Member of the Council

(c) Applications which are significant “departures” from the Development Plan, which are recommended for approval.
(For the avoidance of doubt: when making a decision on an application, which is a departure, the PCttee will resolve whether the Reserved Matters submissions should be determined by it.)
3.2 /

Notifications

The following provisos apply:
(i) All planning decisions must pay due regard to the provisions of the Development Plan, where applicable, and to legislation (including Regulations), Government guidance and circulars (including the NPPF), and all other relevant material considerations.
(ii) The relevant Ward Member(s) and Town / Parish Council / Parish Meeting must be notified either through the electronic planning alert system or individually in writing, with the exception of tree works notifications which are subject to a discretionary consultation process.
(iii) Any Member(s) can request that a notification be referred to the PCttee for determination
(iv) If it is proposed to raise objections to (or to refuse) a notification, or if any written objection to an notification is received but it is proposed to permit (or raise no objections to) the notification, the Ward Member(s) must be notified by the Case Officer and given seven calendar days within which he/she may require that the notification be referred to the PCttee for determination. If no response is received within the seven day period, then the delegated decision can be made as notified to the Ward Member(s).
(v) All notifications submitted by an Officer of the Council (or their partner, close relative or their partner’s close relative)must be the subject of consultation with the Ward Member(s) and the Chairman (Vice-Chairman).
(vi) If a notification cannot be brought to PCttee due to time constraints, the notification should be the subject of consultation with the Ward Member(s) and the Chairman (Vice-Chairman). The final decision lies with the Chairman (Vice-Chairman).
(vi) Members should give reasons for referring notifications to the PCttee, but must note that the PCttee can only take account of planning considerations. / HDS
PDM
TL
HDM (tree works notifications only)
TO (tree works notifications only) / Types of notifications NOT to be determined under delegated powers
(a) Notifications submitted

by or on behalf of the Council,
for development on Council-owned land,
in which the Council has a direct interest.

(Any notification required in connection with flood prevention / alleviation schemes is exempt from the requirement to be presented to the PCttee.)
(b) Notifications submitted by or on behalf of, or on land owned by

a serving Member of the Council
the partner, a close relative or a close relative of the partner of a serving Member of the Council

3.3 /

Requests for Prior Approval

The following provisos apply:
(i) All planning decisions must pay due regard to the provisions of the Development Plan, where applicable, and to legislation (including Regulations), Government guidance and circulars (including the NPPF), and all other relevant material considerations.
(ii) The relevant Ward Member(s) and Town / Parish Council / Parish Meeting must be notified either through the electronic planning alert system or individually in writing.
(iii) Any Member(s) can request that a Request for Prior Approval be referred to the PCttee for determination
(iii) If a Request for Prior Approval is proposed for refusal, or if any written objection is received but it is proposed to permit, the Ward Member(s) must be notified by the Case Officer and given three calendar days within which he/she may require that the notification be referred to the PCttee for determination. If no response is received within the three day period, then the delegated decision can be made as notified to the Ward Member(s).
(v) All Requests for Prior Approval submitted by an Officer of the Council (or their partner, close relative or their partner’s close relative) must be the subject of consultation with the Ward Member(s) and the Chairman (Vice-Chairman).
(vi) If the Request for Prior Approval cannot be brought to PCttee due to time constraints, the request should be the subject of consultation with the Ward Member(s) and the Chairman (Vice-Chairman). The final decision lies with the Chairman (Vice-Chairman). (Given the very short time scales associated with some Requests for Prior Approval , it may be necessary to combine provisos (iii) and (vi).) / HDS
PDM
TL / Types of Request for Prior Approval NOT to be determined under delegated powers
(a) Requests submitted

by or on behalf of the Council,
for development on Council-owned land,
in which the Council has a direct interest.

(b) Requests for prior approval submitted by or on behalf of, or on land owned by

a serving Member of the Council
the partner, a close relative or a close relative of the partner of a serving Member of the Council

3.4 /

Other Types of Application, Notification and Consultations

This includes

Non-material changes
Compliance with conditions
Certificate of Lawfulness of proposed use
EIA screening and scoping opinions

by or on behalf of the Council,
for development on Council-owned land,
in which the Council has a direct interest.

(Any application required in connection with flood prevention / alleviation schemes is exempt from the requirement to be presented to the PCttee.)
(b) Cases (as defined in section D) submitted by or on behalf of, or on land owned by

a serving Member of the Council
the partner, a close relative or a close relative of the partner of a serving Member of the Council

3.5 / E. Applications for Certificates of Lawful Use or Established Development (Section 191)
The following provisos apply:
(i) The Ward Member(s) and Town / Parish Council / Meeting, must be notified of all Section 191 applications.
(ii) Representations will be considered, however there is no provision to allow this application type to be referred to PCttee for determination. / HLPS / Prior consultation with:
HDS
PDM
TL
NOTE: If the delegated decision was contrary to the views of a Town / Parish Council / Meeting, a copy of the notification sent by the Case Officer to the Ward Member(s) will be sent to the Town / Parish Council / Meeting, following determination.
4 / Power to Decline to Determine Application for Planning Permission. / HDS
PDM
5 / Environmental Impact Assessments
5.1 / Power to carry out all publicity and other actions related to the relevant Environmental Impact Assessment (EIA) legislative framework.
(Section 3.4 provides details on the delegated powers relating to EIA screening and scoping opinions.) / HDS
PDM
TL
HDM / None
6 / (Section 106) Planning Agreements / Obligations
6.1 / To negotiate and finalise the Heads of Terms of Section 106 agreements, (agreements regulating development or use of land), Deeds of Variation and other planning agreements, including the details thereof. / HDS
PDM
TL
HDM / Prior consultation with HLPS
6.2 / To determine applications for the modification or discharge of planning obligations. / HDS
PDM
HDM / Subject to the same consultation and other requirements as planning applications. (Section 3.1)
7 / Disposal of Applications
7.1 / To finally dispose of applications for planning permission, in accordance with the relevant planning legislation. / HDS
PDM
TL / Prior consultation with the Chairman (Vice-Chairman) and Ward Member(s)
8 / Planning Appeals
8.1 / To consider information, including amended plans, submitted by appellants and vary the Council's case accordingly. / All professional Officers in Development Services. / (If circumstances dictate and following reasonable endeavours to consult,) in consultation with the HLPS, the Chairman (Vice-Chairman) and Ward Member(s).
9. / Enforcement of Planning Control
9.1 / To exercise the Council's enforcement powers, including the serving of notices, under the relevant planning; listed building; control of advertisement and tree legislation, including decisions to take no remedial action when unauthorised work has been undertaken but no application is forthcoming (within a timeframe deemed appropriate by officers determined by the circumstances of the case including the Council’s Enforcement Policy).
For cases when works are judged to be exempt from control and should a response be required then officers will reply without consultation with Members. However, the response will include a caveat to ensure that the recipient is aware that the reply is not formal or binding on the Council. When appropriate those undertaking development/works will also be advised that a formal response can be obtained through the submission of an application under section 191 or 192 of the Town and Country Planning Act 1990, as amended.
A.All assessments as to whether it is expedient to take remedial action in relation to a breach of control will take into account the Council’s Enforcement Plan and the following provisos;

All decisions must pay due regard to any relevant provisions of the Development Plan, where applicable, and to legislation (including Regulations), Government guidance and circulars (including the NPPF), and all other relevant material considerations.

When necessary consultation will be undertaken to establish whether harm has resulted and if there are expediency reasons for taking action.

When formal remedial action is recommended the Ward Member(s) must be notified by the Enforcement/Case Officer and given seven calendar days within which he/she may require that the case be referred to the PCttee for determination. If no response is received within the seven day period, the delegated decision can be made as notified to the Ward Member(s).

When established that a breach of control has occurred any Member(s) can request that the decision as to whether or not to take remedial action can be referred to the PCttee.

If negotiations fail to overcome written complaints or an application is not forthcoming but officers conclude that remedial action would not be justified, the Ward Member(s) must be notified by the Enforcement/Case Officer and given seven calendar days within which he/she may require that the case be referred to the PCttee for determination. If no response is received within the seven day period, the delegated decision can be made as notified to the Ward Member(s).

All cases involving an Officer of the Council (or their partner, close relative or their partner’s close relative) must be the subject of consultation with the Ward Member(s) and the Chairman (Vice-Chairman).

Members should give reasons for referring cases to the PCttee, but must note that the PCttee can only take account of relevant considerations.

/ HDS
PDM
HDM / For urgent mattersi.e. obtaining Injunctive Relief or taking direct action. - Prior consultation with HLPS and Ward Member(s), using reasonable endeavours
(With the exception of the circumstances outlined in section 9 consultation with HLPS and Ward Member(s) is not required if no formal legal action is proposed. It is also not required for Planning Contravention Notices and Requisition Notices).
9.2 / To exercise the Council's enforcement powers to prosecute or serve an official caution under the relevant planning; listed building; control of advertisement and tree legislation., Where prosecution or the serving of an official caution is undertaken,such matters should be reported to the Planning Committee. / HLPS / Prior consultation with HDS and CM-PH.
9.3 / The withdrawal of Enforcement Notices (including Stop Notices and Breach of Condition Notices) which have served their purpose or which are no longer relevant or necessary. / HDS
PDM / Prior consultation with Ward Member(s).
9.4 / To sign duly authorised Enforcement Notices, Listed Building Enforcement Notices, Planning Contravention Notices, Stop Notices, Section 215 Notices and Breach of Condition Notices. / HLPS
HDS
PDM / Requisition Notice within statutory period and Non- compliance with Breach of Condition Notices in consultation with HLPS.
10 / Article 4 Directions
10.1 / To serveArticle 4 Directions (There is no delegated authority for Officers to confirm Article 4 Directions.) / HDS
HDM
PDM / Under normal circum-stances prior consultation with Chairman (Vice-Chairman) and the Ward Member(s)
If the building(s) are under imminent threat, prior consultation with the Chairman (Vice-Chairman) and Ward Member will not be required. Prior consultation with a Strategic Director will be required.
11 / Rights of Way and Highways
11.1 / To deal with consultations from Gloucestershire County Council on Definitive Map Orders, Public Path Orders and reviews of Roads used as Public Paths / HDS
HDM
PDM
LO / Prior consultation with Ward Member(s) and if appropriate the Member(s) for adjacent Ward(s).
12 / Trees and Forestry
12.1 / To exercise the Council’s powers relating to the serving, revoking, varying and confirming of Tree Preservation Orders (TPOs) under the relevant legislation. / HDS
HDM
PDM / Under normal circum-stances prior consultation with Chairman (Vice-Chairman) and the Ward Member(s)
If the tree(s) are under imminent threat, prior consultation with Chairman (Vice-Chairman) and Ward Member will not be required. Prior consultation with a Strategic Director will be required.
12.2 / To serve Tree Replacement Notices / HDS
HDM
PDM / Prior consultation with the Chairman (Vice-Chairman) and the Ward Member(s).
12.3 / To respond to consultations from the Forestry Authority on grant applications and Tree Felling Licences. / HDS
TO
HDM
13 / Listed Buildings at Risk
13.1 / Where urgent action is necessary, to exercise the Council's powers under the following Sections of the Planning (ListedBuildings and Conservation Areas) Act 1990 (PLBCA Act).

Sections 3 and 4 (PLBCA Act) (Building Preservation Notices);
Section 54 (PLBCA Act) (urgent works for the preservation of an unoccupied listed building).
Section 55 (PLBCA Act) (recovery of costs for works carried out under Section 54)

/ HDS
HDM / Prior consultation with CM-PH; HLPS and the Ward Member(s).
13.2 / Powers to serve a Repairs Notice and to acquire a listed building in need of repair under Sections 47 and 48 of the Planning (ListedBuildings and Conservation Areas) Act 1990. / HDS
HDM / Prior consultation with CM-PH; HLPS and the Ward Member(s).
14 / Amendments to the Statutory List of Buildings of special architectural or historic interest
14.1 / To respond to consultations from the relevant organisations or Government departments on potential amendments to the Statutory List of Buildings of Special Architectural or Historic Interest / HDS
HDM
PDM / Prior consultation with the CM-PH and the Ward Member(s).
14.2 / To propose amendments to the Statutory List of Buildings of Special Architectural or Historic Interest to the relevant organisations or Government departments. / HDS
HDM
PDM / Prior consultation with the CM-PH and the Ward Member(s).

Please note that there are some Heritage and Design matters that are covered in other Schemes of Delegation, including the Constitution.