6.1 The Director of Planning
and Transportation Service’s delegated powers are exercised by the
Planning Manager, and the Assistant Development Control Managers and
Major Applications, Minerals and Waste Manager in his
absence.
The powers are limited to the
following extent
6.1.1 Approve applications
within Sections 6.2 - 6.7 (A) except where objections have been
received, (see paragraph 6.10 below).
6.1.2 Refuse
applications within Sections 6.2 - 6.7 (A) even where objections have
been received, apart from retrospective applications (see paragraph
6.10 below).
6.1.3 Refuse an application
where the plans are inadequate or supporting information is
insufficient and this is the primary reason for refusal.
6.1.4 Under Article
25 of the General Development Procedure Order 1995, to ‘finally
dispose of’ applications where further information has been requested
and the time period for appealing against non-determination of the
application has elapsed.
6.2
Applications for householder development
6.2.1 Alterations or extension to
dwellinghouses
6.2.2 Erection of buildings within
the curtilage of residential properties, to include garages etc.
6.2.3 Erection of a fence, wall,
gate, or other means of enclosure
6.2.4 Formation of a vehicular
access onto a classified road
6.2.5 A minor householder
development not falling within the above
criteria
6.3
Applications for residential development
6.3.1 Conversion of a building to
a dwellinghouse
6.3.2 Conversion of a building to
flats
6.3.3 The erection or conversion
of up to 10 dwellinghouses on land for which planning permission has
been granted within the past 3 years.
6.3.4 The approval of reserved
matters (up to 25 units) in respect of dwellinghouses or of
flats
6.3.5 Erection of up to five
dwellings or five flats within an area allocated for residential
development in the Unitary Development Plan (including Mixed Use
allocations that include C3 residential in the ‘mix’)
6.3.6 Outline applications with a
site area up to 0.2 hectares in area within an area allocated for
residential development in the Unitary Development Plan (including
Mixed Use allocations that include C3 residential in the
‘mix’)
6.4
Applications for commercial, industrial, retail, leisure or recreation
development
6.4.1 A modification or
construction of a new shop front, including installation of security
shutters
6.4.2 A minor change of use or
other minor development.
6.4.3 The display of an
advertisement, including on Listed buildings
6.4.4 Outline applications with a
site area up to 2 hectares where the site is allocated as such in the
Unitary Development Plan (including Mixed Use allocations that
includes the relevant use within the ‘mix’).
6.4.5 The erection of new
commercial, industrial, leisure or recreation development and reserved
matters relating to such development or related mixed use schemes
where the total floor area proposed is under 2,000 square metres, on
land either currently used for that purpose,
or allocated as such within the Unitary Development Plan (including
Mixed Use allocations that includes the relevant use within the
‘mix’).
6.4.6 The alteration or extension
(up to 2,000 square metres) of commercial, industrial, retail, leisure
or recreation premises within an area allocated for such use in the
Unitary Development Plan (including Mixed Use allocations that
includes the relevant use within the ‘mix’) or in an existing area or
complex containing such uses.
6.4.7 The erection of overhead
electricity lines up to 66KV, and installation of statutory
undertakers equipment, which is not classed as permitted
development.
6.5 Applications submitted by
the Council
6.5.1 Applications submitted
by the Council, either solely or in conjunction with a partnership
body, for small scale development, such as small new
buildings/extensions to Council buildings (up to a floor area limit of
300 square metres), formation of related parking areas, temporary
buildings, fencing, etc.
6.6
Applications for Minerals and Waste
6.6.1 Except where reserved to the
Planning Board, the approval or amendment of reserved matters, in an
application for planning permission, relating to schemes of working,
restoration and aftercare.
6.6.2 The approval of siting
of plant, machinery, buildings, structures or erections, proposed by a
minerals undertaker under Part 19 of Class B of the Town and Country
Planning ( General Permitted Development) Order 1995.
6.6.3 The approval of siting of
plant, machinery, buildings, structures or erections, proposed by the
Coal Authority or a licensed operator on an authorised site under Part
20 of Class C of the Town and Country Planning ( General Permitted
Development) Order 1995.
6.7 Other application
types
(A)
6.7.1 Applications for Conservation Area Consent, relating to
development falling within the scheme of delegation.
6.7.2 Applications for
Listed Building Consent for Grade 2 Listed Buildings for development
falling within the scheme of delegation.
6.7.3 Variation of
conditions on previous approvals not determined by the Planning
Board.
6.7.4 Applications to prune
and fell trees covered by Tree Preservation Orders.
6.7.5 Applications for prior
approval for agricultural development and demolition.
(B)
6.7.6 Power to determine
certificates of lawfulness of existing and proposed use/operations in
respect of Sections 191 and 192 of the Town and Country Planning Act
1990.
6.7.7 Applications to prune
and fell trees subject to 6 weeks notice within a Conservation
Area
6.7.8 Applications for works
to, and the removal of historic hedgerows
6.7.9 Applications for prior
approval for telecommunications apparatus.
6.8
Planning Enforcement (see also 6.10)
6.8.1 Power to seek a warrant for entry in the magistrates
court (Section 196B of the Town and Country Planning Act)
6.8.2 Power to serve a requisition for information (Section
330 of the Town and Country Planning Act)
6.8.3 Power to serve a planning contravention notice
(Section 171C of the Town and Country Planning Act)
6.8.4 Power to serve a breach of condition notice
(Section 187A of the Town and Country Planning
Act)
6.9
Miscellaneous
6.9.1 The determination of the
need for an Environmental Impact Assessment and screening and scoping,
in accordance with the Town and Country Planning ( Environmental
Impact Assessment)( England and Wales) Regulations 1999.
6.9.2The carrying out of statutory
publicity.
6.9.3 The agreeing of minor
amendments to approved plans.
6.9.4 The determination of whether
an application constitutes a departure from the Development
Plan.
6.9.5 The undertaking of
negotiations to conclude an agreement under Section 106 of the Town
and Country Planning Act 1990
6.9.6 The making of Tree
Preservation Orders
6.9.7 The confirmation of Tree
Preservation Orders where no objections have been received.
6.9.8 Power to decline to
determine applications for planning permission, under Section 70A of
the Town and Country Planning Act.
6.9.9 The approval of details
required by a planning condition
6.10 In
consultation with the Chair and Vice Chair
6.10.1 The service of a planning
enforcement or (Temporary) Stop notice
6.10.2 The pursuance of a
prosecution in respect of:
-
Failure to return a requisition for information/planning
contravention notice
-
Failure to comply with an enforcement notice
-
Failure to comply with a Breach of Condition
Notice
-
The unauthorised display of signage
-
Unauthorised works to listed buildings
-
Unauthorised works to a protected tree
6.10.3 The authorisation of
default works under Section 178 of the Town and Country Planning
Act.
6.10.4 The approval of an
application under sections 6.2 - 6.7 (A) of the Scheme of
Delegation where no more than 5 objections have been received
(separate objections from separate addresses).
6.10.5 The approval/refusal of
applications under section 6.7 (B), irrespective of the number of
letters of objection.
6.10.6 The refusal of a
retrospective applications, irrespective of whether objections have
been received, to allow possible enforcement action to be considered,
other than proposals falling within Schedule 1 of the Environmental
Impact Assessment Regulations.
6.10.7 Responses to
consultations from other Local Planning Authorities on planning
applications covered under this scheme of delegation
6.10.8 To agree amendments of a
minor nature to completed S106
Agreements.