DELEGATED POWERS

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					DELEGATED POWERS

PLACE DIRECTORATE
TOWN AND COUNTRY PLANNING ACT



The attached Schedule identifies the level of delegation within the Place Directorate. The delegation has been authorised by
the Executive Director of Place. The Officer reference codes are as follows:

  A     Executive Director

  B     Director of Development and Regulatory Services

  C     Head of Development Management and Building Control

  D     Area and Central Development Manager

  E     Principal Planning Officer / Senior Building Control Officer

  F     Senior Planning Officer




Northumberland County Council            Scheme of Delegations
                                          st
                                                                                  Signed:
                                         1 April 2009

                                                                                         ………………………………………
                                                                                         Executive Director of Place
THE EXECUTIVE DIRECTOR OF PLACE

The Executive Director of Place is authorised to discharge the following Council (non-executive) functions:


TOWN AND COUNTRY PLANNING

Authority is delegated to the Executive Director and the Relevant Officer (Director of Development and Regulatory services as
‘Chief Planning Officer’ for the authority) to deal with and determine all applications which fall to be determined by the authority
under the following powers:


                   Power                                  Statute                     A      B       C        D   E        F
1.   Applications for development        Submitted under the Town and Country                                         
     (including those for Certificates   Planning Act 1990 and the Town and                                             House-
     of Lawfulness and Certificates      Country Planning General Regulations                                          holder &
     for Alternative Development)        1992.                                                                          ‘other’
                                                                                                                      applications
                                                                                                                         only
2.   Applications to stop up and         Submitted under the Town and Country                                         
     divert footpaths                    Planning Act 1990

3.   Applications for consent to         Submitted under the Town and Country                                         
     display advertisements              Planning (Control of Advertisements)
                                         (England) Regulations 2007 (as
                                         amended).

4.   Applications for listed building    Submitted under the Planning (Listed                                         
     consent to demolish, extend         Building and Conservation Areas) Act
     and/or alter                        1990.

5.   Applications for conservation       Submitted under the Planning (Listed                                         
     area consent                        Building and Conservation Areas) Act
                                        1990.



Except for such applications that fall into the following categories, which are to be determined by the Committee:

   Applications submitted by or on behalf of elected members of the Council or by their immediate families
   Applications involving land and/or premises in the ownership or under the control of elected members of the Council or their
    spouses/partners
   Applications in which any senior officer of the Council has a personal and prejudicial interest
   Applications in which any members of staff employed in the Development Management Service of the Council has a personal and
    prejudicial interest.
   Determination of applications submitted by or on behalf of the Council (or by or on behalf of companies controlled or subject to the
    influence of the Council within the meaning of the Local Government and Housing Act 1989) which are subject to valid objections; or
    of applications relating to land in which the Council (or company) has a significant interest
   Approval of applications where, in the opinion of the Relevant Officer, such an approval would constitute a departure from the
    approved Development Plan and would require a reference to the Secretary of State
    Approval of applications where there are 5 or more sustained written objections (including Statutory Consultees) on the grounds of
    material planning considerations*.
    Refusal of applications where there are 5 or more sustained written planning supports (including statutory consultees) on the grounds
    of material planning considerations*.
   Determination of applications where there are contrary comments raising bona fide planning issues from statutory consultees
    received within the consultation period given




*   where written comments have been made which are not considered to raise valid material planning considerations the application will
    be determined under delegated powers but the delegated report will refer to the comments and state why they cannot be considered
    as valid material planning consideration.
   Any application which an elected member of the Council requests should be considered by the Committee, provided the request is in
    writing, is received within 21 days of the application appearing on the weekly list, and is supported by bona fide planning reasons
    (which will be reported to the Committee together with the Councillor’s name)
   Any application which the Relevant Officer considers should be determined by the Committee because of special planning issues or
    considerations it raises


Specific authority is delegated to the Relevant Officer to also deal with and determine

                     Power                                   Statute                 A        B       C       D       E       F
     Notifications                         Under Circular 18/84 (Development by                                          
                                           Government Departments).
     Notifications                         Under Circular 14/90 (overhead                                                
                                           electricity lines).
     Applications and other matters        Under the Town & Country Planning                                             
                                           (General Permitted Development
                                           Order) 1995 and the Town & Country
                                           Planning (General Development
                                           Procedure Order) 1995 and the Town
                                           and Country Planning (General
                                           Permitted Development) (Amendment)
                                           (No. 2) (England) Order 2008
     Conditions relating to mining         Under Planning & Compensation Act                                      
     operations                            1991 and Environment Act 1995.
     Applications for deemed consent       Under the Planning (Hazardous                                                 
                                           Substances) Act 1990;
     Applications and other matters        Under the Environment Act 1995 and                                            
     relating to the protection of         Hedgerow Regulations 1997;
     hedgerows
     High hedge complaints and             Under the Anti-social Behaviour Act                                           
     applications                          2003 and High Hedges (Appeals)
                                           (England) Regulations 2005;
Applications and other matters           Under the Town and Country Planning                    
relating to works to protected trees     Act 1990 and the Town and Country
and notifications of works to trees in   Planning (Trees) Regulations 1999
Conservation Areas                       and the Town and Country Planning
                                         (Trees) (Amendment) (England)
                                         Regulations 2008

Undertake duties associated with         Under the provisions of the Town and                   
the making of Tree Preservation          Country Planning Act and the Town
Orders                                   and Country Planning (Tree)
                                         Regulations, including making
                                         provisional Tree Preservation Orders
                                         and confirming a Tree Preservation
                                         Order where no objections are
                                         received within the period given;
Prosecute for failure to comply with     Under the Town and Country                          
controls relating to protected trees,    Planning Act 1990 and the Planning
advertisements, listed buildings and     (Listed Buildings and Conservation
unlisted buildings situated in           Areas) Act 1990
Conservation Areas
To undertake duties and serve all        Under powers conferred upon the                     
notices                                  Council by the Town and Country
                                         Planning Act 1990, the Planning
                                         (Listed Buildings and Conservation
                                         Areas) Act 1990, the Planning
                                         (Hazardous Substances) Act or any
                                         other Act in connection with the
                                         Council’s powers of enforcement as
                                         local planning authority eg Planning
                                         Contravention Notices, Section 330
                                         Notices, Breach of Condition Notices,
                                         Section 215 Notices, Enforcement
                                         Notices, Listed Building Enforcement
                                         Notices, Temporary Stop Notices Stop
                                      Notices and Notices under Section 16
                                      of the Local Government
                                      (Miscellaneous Provisions) Act 1976 in
                                      respect of breaches of planning and
                                      listed building control.
To prosecute for failure to comply    Under the Council’s powers of                         
with notices served                   enforcement as local planning
                                      authority.
To implement procedural               Under the Town and Country Planning                   
requirements                          (Environmental Impact and
                                      Assessment) (England and Wales)
                                      Regulations 1999 (as amended),and
                                      to issue a screening opinion to
                                      determine whether an Environmental
                                      Impact Assessment is required and to
                                      issue a scoping opinion.
Decline to determine applications for Pursuant to Section 70a of the Town                   
planning permission                   and Country Planning Act 1990, where
                                      the technical requirements of an
                                      application have not been met.
Authorise individual named officers       i.  Planning & Compulsory                         
to exercise powers of entry                   Purchase Act 2004
contained in the following:              ii.  Town and Country Planning Act
                                              1990
                                        iii.  Planning (Listed Building and
                                              Conservation Areas) Act 1990
                                        iv.   Planning (Hazardous
                                              Substances) act 1990
                                         v.   Local Government
                                              (Miscellaneous Provisions) Act
                                              1982
                                        vi.   Anti-social Behaviour Act 2003:
                                              Part 8 (high hedges)
                                       vii.   or such other Acts of
                                                 Parliament as relate to the
                                                 relevant functions of the
                                                 Planning Committee.

    To enter into and conclude Section     Under the Town and Country Planning                                  
    106 Agreements                         Act 1990 (as amended).
    To act on behalf of the Council with   Under the Town and Country Planning                                  
    regard to appeals submitted            Act, Planning (Listed Building and
                                           Conservation Areas) Act, Planning
                                           (Hazardous Substances) Act, the
                                           Electricity Act 1989 or any other Act in
                                           connection with the Council’s functions
                                           as local planning authority including
                                           the authority to deal with matters
                                           raised in the course of preparation for
                                           or during the appeal, to negotiate
                                           planning conditions and planning
                                           obligations and to make or oppose
                                           cost applications



Building Control

To determine applications and issue        Building Regulations and the Building                                
decisions, determine and vary fees and     Act 1984
undertake enforcement action


Other Matters
The powers to revoke or modify permissions under s 97, 98 and 99 of the Town &Country Planning Act are not delegated to the officer
but would need to be delegated to the Planning Committees

				
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