6.1 The Head of Planning and
Transportation Service’s delegated powers are exercised by the
Development Control Manager, and the Assistant Development Control
Managers in his absence.
The powers are limited to the
following extent
Determination, except
where;
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 a dwellinghouse on land for which planning permission has
previously been granted
6.3.4 The approval of reserved
matters 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 The alteration or extension
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.
6.4.5 The erection of new
commercial, industrial, leisure or recreation development under 2,000
square metres and reserved matters, 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 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’).
6.4.7 The approval of a reserved
matter in a planning scheme for an Enterprise Zone Scheme.
6.4.8 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 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
Planning Enforcement
6.7.1 Where there is a breach of planning control,
the determination as to whether it is expedient to take
action.
6.7.2 Power to seek a warrant for entry in the magistrates
court (Section 196B of the Town and Country Planning Act)
6.7.3 Power to serve a requisition for information (Section
330 of the Town and Country Planning Act)
6.7.4 Power to serve a planning contravention notice
(Section 171C of the Town and Country Planning Act)
6.7.5 Power to serve a breach of condition notice
(Section 187A of the Town and Country Planning Act)
6.7.6 Power to serve a notice requiring proper
maintenance of land (Section 215 of the Town and Country Planning
Act)
6.8 Miscellaneous
6.8.1 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.
6.8.2 The determination of
applications for Conservation Area Consent, relating to development
falling within the scheme of delegation.
6.8.3 The determination of
applications for Listed Building Consent for grade 2 listed buildings
for development falling within the scheme of delegation.
6.8.4 The carrying out of
statutory publicity.
6.8.5 Variation of conditions on
previous approvals not determined by the Planning Board
6.8.6 The agreeing of amendments
to approved plans.
6.8.7 The determination of whether
an application constitutes a departure from the Development
Plan.
6.8.8 Power to issue certificates
of lawfulness of existing and proposed use/operations in respect of
Sections 191 and 192 of the Town and Country Planning Act 1990.
6.8.9 The undertaking of
negotiations to conclude an agreement under Section 106 of the Town
and Country Planning Act 1990
6.8.10 The making of Tree
Preservation Orders
6.8.11 The determination of
applications to prune and fell trees covered by Tree
Preservation Orders, subject to no objection by the Council’s
arboroculturalist
6.8.12 The confirmation of Tree
Preservation Orders where no objections have been received.
6.8.13 The determination of
applications for works to, and the removal of historic
hedgerows
6.8.14 The determination of prior
approvals for agricultural development, telecommunications apparatus
and demolition.
6.8.15 Power to decline to
determine applications for planning permission, under Section 70A of
the Town and Country Planning Act.
6.8.16 Power to grant planning
permission for development already carried out, falling within section
6.2, 6.3 and 6.4 of the Scheme of delegation, and not falling within
Schedule 1 of the Environmental Impact Assessment
Regulations
6.9 The Refusal of the following
types of application
6.9.1 All proposals falling within
Sections 6.2, 6.3 and 6.4 of the Scheme.
6.9.2 An application where the
plans are inadequate, or supporting information is insufficient, and
this is the primary reason for refusal.
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, 6.3, 6.4 and 6.5 of the Scheme
of delegation where no more than 5 objections have been received
(separate objections from separate addresses).
6.10.5 Responses to
consultations from other Local Planning Authorities on planning
applications covered under this scheme of delegation
6.10.6 To agree amendments of a
minor nature to completed s106
agreements.