Council and democracy

These protocols need to be read together with protocols for the Planning Committee which include circumstances where applications which might otherwise be delegated are required to be determined by that committee.

1. The Director of Planning and Transportation and the acting Head of Planning Control or any other officer designated by the Director of Planning and Transportation or by the acting Head of Planning Control have delegated authority in respect of planning matters for the following:

1.1 To determine applications for a certificate of lawfulness of existing use or development under Section 191 of the 1990 Act as amended;

1.2 To determine applications for a certificate of lawfulness of proposed use or development under Section 192 of the 1990 Act as amended;

1.3 Except where the grant of permission for the development proposed would not accord with one or more provisions of the Development Plan (a departure application) to determine applications for planning permission for developments in the following categories:-

(a) the installation of shop fronts;

(b) the provisions of means of access to a highway;

(c) extensions to residential buildings;

(d) the erection of domestic garages or car ports within the curtilage of residential buildings;

(e) minor extensions within the existing curtilage of non-residential buildings;

(f) changes of use of buildings;

(g) the erection of boundary walls and fences;

(h) the conversion of a single dwelling house into a larger number of separate dwellings;

(I) the conversion of multi-occupied premises into separate dwellings;

(j) the conversion of existing self-contained flats or maisonettes into a larger or smaller number of separate dwellings;

(k) installation of satellite antenna;

(l) the demolition of a building;

(m) the erection of not more than 9 dwellings;

(n) commercial and/or industrial development with a gross floor space of not more than 3000 m?;

(o) retail development with a gross floor space not exceeding 2500 m2;

(p) development involving the change of use of less than one hectare of land;

(q) mixed use development with a gross floor space not exceeding 2500 m2

(r) telecommunications development where not permitted by virtue of Parts 24 and 25 Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995.

1.4 To determine applications for approval of reserved matters, required by a condition attached to an outline planning permission;

1.5 To determine applications for approval or consent required by a condition attached to a planning permission, other than a condition relating to reserved matters;

1.6 To determine applications for consent to display advertisements;

1.7 To determine applications for consent to carry out works to a tree which is subject to a Tree Preservation Order or situated within a Conservation Area;

1.8 To determine applications for Listed Building Consent and Conservation Area Consent in cases similar to or in connection with the categories of development set out in 1.3 above;

1.9 To determine applications for the approval of minor amendments to proposed development where planning permission has been granted for the development and has not expired;

1.10 To determine applications for approval required by a Development Order;

1.11 To determine, before the exercise of a permitted development right, whether the prior approval of the local planning authority will be required for development in the following categories:-

1. Agricultural buildings and operations;
2. Development by licensed telecommunications code system operators; and

   c.  Demolition of buildings

1.12 To determine applications to develop land without compliance with conditions previously attached under Section 73 of the Act;

1.13 To determine any application for a renewal of a planning permission where there has not been a material change in planning circumstances since the grant of the permission and the application is of a type referred to in paragraph 1 of the Protocol for Development Control Committee.

1.14 To decline to determine an application for planning permission under Section 70A of the Town and Country Planning Act 1990;

1.15 To consider and respond to consultations or notifications submitted by adjoining authorities, statutory undertakers or other bodies in cases of proposed development similar to those in 1.3 to 1.9 above;

1.16 To issue and/or sign decision notices, press notices and site notices issued under the Town and Country Planning and Listed Building and Conservation Area legislation;

1.17 To decide whether a planning application constitutes a departure because the development proposed does not accord with the provisions of the development plan in force in the area in which the application site is situated and whether the application should be referred to the Secretary of State;

1.18 To decide the level of publicity needed under the terms of the Circular 15/92;

1.19 To decide whether an Environmental Impact Assessment is required for any application under the Town and Country Planning (Assessment of Environmental Effects) Regulations 1999 and thereafter to carry out a scoping exercise if appropriate;

1.20 To authorise the making of Agreements under Section 106 of the Town and Country Planning Act 1990 in connection with those applications in respect of which The Director of Planning and Transportation and the Assistant Director / Planning Control have delegated authority;

1.21 To decide whether or not to contest an appeal against the Council's failure to determine within the prescribed period;

1.22 To determine hedgerow removal notices under regulation 5(1)(a) of The Hedgerow Regulations 1997;

1.23 To authorise entry on to land under regulation 12 of The Hedgerow Regulations 1997;

1.24 To recommend the Head of Legal Services to commence proceedings by way of an injunction or prosecution in relation to offences under The Hedgerow Regulations 1997;

1.25 To authorise the carrying out of works in default under the Town and Country Planning Act 1990 up to a limit of ?3,000.00;

1.26 To consider and object to applications for goods vehicle operators licences under the Transport Act 1968 as they relate to planning considerations;

1.27 To authorise the making of Agreements under Section 278 Highways Act 1980 in connection with those applications in respect of which The Director of Planning and Transportation and the Assistant Director / Planning Control has delegated authority;

1.28 To take all necessary action on behalf of the Council in respect of proposals notified under the provisions of DOE Circular 18/84;

1.29 To issue a direction under Regulation 4 of the Town and Country Planning (Applications) Regulations 1988;

1.30 To issue notification under Article 3(2) of the Town and Country Planning (General Development Procedure) Order 1995;

1.31 To make and sign Tree Preservation Orders under Sections 198, 201 and 300 of the Town and Country Planning Act 1990;

1.32 To confirm with or without modification Tree Preservation Orders under Section 199 of the Town and Country Planning Act 1990;

1.33 To authorise the variation or revocation of Tree Preservation Orders under Section 333(7) of the Town and Country Planning Act 1990.

1.34 Following consultation with the Head of Legal Services where necessary, to determine the need for, to sign and serve statutory and other notices under the Town and Country Planning and Listed Building and Conservation Area legislation;

1.35 Following consultation with the Head of Legal Services to sign, issue or withdraw enforcement notices and waive or relax any requirement of enforcement notices, under the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conversation Areas) Act 1990, in respect of development delegated to determine applications for planning permission and in other cases

1.36 In cases of urgency to recommend the Head of Legal Services to sign and issue enforcement notices under the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990;

1.37 Following consultation with the Head of Legal Services to sign and serve or withdraw notices under Section 187A of the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Ares) Act 1990;

1.38 To serve Planning Contravention Notices under Section 171C of the Town and Country Planning Act 1990;

1.39 Following consultation with the Head of Legal Services to sign and serve notices under Section 3 and 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (relating to the repair of buildings);

1.40 Following consultation with the Head of Legal Services to sign and serve notices requiring the proper maintenance of land under Section 215 of the Town and Country Planning Act 1990;

1.41 To authorise the removal or obliteration of any placard or poster which is displayed in contravention of regulations made under Section 220 of the Town and Country Planning Act 1990;

1.42 To serve discontinuance of deemed consent notices under Regulation 8 of the Town and Country Planning (Control of Advertisements) Regulations 1992;

1.43 To authorise the service of notices requiring the replacement of trees subject to a tree preservation order under Section 207 of the Town and Country Planning Act 1990;

1.44 In cases of urgency following consultation with the Head of Legal Services to sign and serve Stop Notices under Section 183 of the Town and Country Planning Act 1990;

1.45 To recommend the Head of Legal Services to commence proceedings by way of application for an injunction or prosecution in relation to breaches of planning control or listed building and conservation areas legislation;

1.46 To authorise entry on to land under:-

(a) Sections 196A, 214B and 324 of the Town and Country Planning Act 1990;

(b) Section 88 of the Planning (Listed Buildings and Conservations Areas) Act 1990;

(c) Section 36(1) of the Planning (Hazardous Substances) Act 1990;

Reference to applications for planning permission includes applications submitted under Regulation 3 of the Town and Country Planning General Regulations 1992.