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Functions Delegated by the Council to Officers (Pages 1-20) • Statutory and Proper Officers (Pages 21-28)

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Functions Delegated by the Council to Officers (Pages 1-20) • Statutory and Proper Officers (Pages 21-28) Appendix - The Delegation Table Contents: • Functions Delegated by the Council to Officers (Pages 1-20) • Statutory and Proper Officers (Pages 21-28) Functions Delegated by the Council to Officers (Schedule of Council Functions) FUNCTION PROVISION OF RESPONSIBILITY/ ACT OR DECISION MAKER STATUTORY INSTRUMENT A. Functions relating to town and country planning and development management amongst others, including the following: 1. Power to Sections 70(1)(a) Planning Applications Committee - determine application and The determination of any for planning (b) and 72 of the application not delegated to permission Town and officers or which relate to land or Country buildings managed by the Director Planning Act of Environment Planning and 1990 Enforcement or to which there are material planning objections - except where representations are received that could otherwise be considered material planning objections but in the opinion of the Head of Planning Applications are not relevant in a particular case. Director of Environment Planning and Enforcement - set out in notes 1 & 2 below 2. Power to Section 73 of the As A1 determine Town and applications to Country develop land without Planning Act compliance with 1990 conditions previously attached 3. Power to grant Section 73A of As A1 planning permission the Town and for development Country already carried out Planning Act 1990 1 4. Power to Section 316 of the As A1. determine application Town and Country for planning Planning Act 1990 permission made by and the Town and a local authority, Country Planning alone or jointly with General another person Regulations 1992 (S.I. 1992/1492) (and subsequent amendments and regulations). Sections 69, 91, 92 and 96A of the Town and Country Planning Act 1990 and the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595) (as amended). 5. Power to decline to Section 70A, 70B & Director of Environment, determine application 70C of the Town and Planning and Enforcement for planning Country Planning Act permission 1990 6. Duties relating to Sections 69, 91, 92 Director of Environment, the making of and 96A of the Town Planning and Enforcement determinations of and Country planning applications Planning Act 1990 and the Town and Country Planning (Development Management Procedure) Order 2015 (S.I. 2015/595) (as amended). 2 7. Power to make The Town and Director of Environment, determinations, give Country Planning Planning and Enforcement approvals and agree (General Permitted certain other matters Development) relating to the (England) Order exercise of permitted 2015. (2015/595) (as development rights amended). 8. Power to enter Section 106 of Director of Environment, into agreement the Town and Planning and Enforcement or regulating Country Director of Economic Development development or use Planning Act or of land 1990 Director of Property and Infrastructure Section 111 of the Director of Highways, Transportation Local Government and Waste Act 1972 9. Power to issue a Sections 191(4) and Director of Environment, certificate of existing 192(2) of the Town Planning and Enforcement or proposed lawful and Country use or development Planning Act 1990 10. Power to serve Section 94(2) of Director of Environment, a completion the Town and Planning and Enforcement notice Country Planning Act 1990 11. Power to Section 196A and Regulation Committee - the carrying authorise entry onto 196B of the Town out of enforcement action, initiation land and Country of Stop Notices or any other form of Planning Act action which may give rise to 1990 liability to pay compensation. Director of Environment, Planning and Enforcement - to exercise all other powers delegated to the committee by the Council in relation to the enforcement of the control of development under the Town and Country Planning Act 1990 and related statutory instruments. 12. Power to require Section 102 of As A11 the discontinuance of the Town and a use of land Country Planning Act 1990 3 13. Power to serve a Sections 171C, As A11 planning 171E, contravention notice, 187A and 183(1) of temporary notice, the Town and breach of condition Country notice, or stop notice Planning Act 1990 14. Power to issue Section 172 and As A11 an enforcement 173A of the notice and power to Town and vary and withdraw Country an enforcement Planning Act notice 1990 15. Power to apply Section 187B of As A11 for an injunction the Town and restraining a breach Country of planning control Planning Act 1990 16. The obtaining of Section 330 of As A11 information as to the Town and interests in land Country Planning Act 1990 17. Duty to determine Paragraph 2(6)(a) Director of Environment, conditions to which of Schedule 2 to Planning and Enforcement old mining the Planning and permissions, relevant Compensation Act planning permissions 1991, paragraph 9(6) relating to dormant of Schedule 13 to sites or active Phase the Environment Act I or II sites, or 1995 and paragraph mineral permissions 6(5) of Schedule 14 relating to mining to that Act sites, as the case may be, are to be subject 18.Power to Town and Country Director of Environment, determine a Planning Planning and Enforcement screening or scoping (Environmental opinion Impact Assessment) Regulations 2011 as consolidated and amended by SI 2017/571 and subsequent amendments and regulations. 4 19.Power to The Conservation Director of Environment, Planning determine an of Habitats and and Enforcement - to determine Appropriate Species Appropriate Assessment Assessment Regulations 2010 applications where Natural England application (SI 2010/490) as has advised the Council that it is consolidated and satisfied that the proposal will not amended by the affect the conservation objectives Conservation of of the designated site or that the Habitats and mitigation measures proposed are Species acceptable Regulations 2017 (SI 2017/1012) and as the later is amended by SI 2018/1307). 20. Power to act as a Para. (ze) of Director of Environment, Planning statutory planning Schedule 4 of The and Enforcement. consultee for major Town and Country development with Planning surface water (Development drainage as the Lead Management Local Flood Authority. Procedure) (England) Order 2015 (SI 2015/595). B. Regulatory Services Functions 1. Duty to keep list of Sections 3, 5, 6 and Director of Environment, persons entitled to 11 of the Poisons Act Planning and Enforcement sell non-medicinal 1972 poisons 2. Power to Section 1 of the Director of Environment, register animal Performing Animals Planning and Enforcement trainers and (Regulation) Act exhibitors 1925 3. Power to license Part II of the Director of Environment, the employment of Children and Young Planning and Enforcement children Persons Act 1933, bylaws made under that Part, and Part II of the Children and Young Persons Act 1963 5 4. Power to approve Section 46A of the Corporate Director of Growth and premises for the Marriage Act 1949 Environment solemnisation of and the Marriages Appeals for refusals to be marriages (Approved considered by the Regulation Premises) Committee Regulations 1995 (S.I. 1995/510) as amended by SI 2003/1961, and The Marriages and Civil Partnerships (Approved Premises) Regulations 2005 (SI 2005/3168) and amended by SIs 2011/2661 and SI 2013/2294. 5. Powers to license Articles 13 and 14 Director of Environment, the sale and collection of the Pigs Planning and Enforcement of pigs (Records, Identification and Movement) Order 2011 (SI 2011/2154) and related regulations. 6. All Commons Part 1 of the Regulation Committee Registration functions Commons Act 2006 and Commons Registration (England) Regulations 2008 (SI 2008/1961). C. Functions Relating to Hig hways 1. Power to grant Section 50 of the Director of Highways, a street works New Roads and Transportation and Waste licence Street Works Act 1991 2. Power to permit Section 139 of the Director of Highways, deposit of builder's Highways Act 1980 Transportation and Waste skip on highway 3. Power to license Section 142 of the Director of Highways, planting, retention Highways Act 1980 Transportation and Waste and maintenance of trees etc. in part of highway 6 4. Power to license Section 169 of the Director of Highways, works in relation to Highways Act 1980 Transportation and Waste buildings etc. that obstruct the highway 5. Power to consent Section 171 of the Director of Highways, to temporary Highways Act 1980 Transportation and Waste deposits or excavations in streets 6. Power to Section 172 of the Director of Highways, dispense with Highways Act 1980 Transportation and Waste obligation to erect hoarding or fence 7. Power to restrict Section 178 of the Director of Highways, the placing of rails, Highways Act 1980 Transportation and Waste beams etc over highways 8. Power to consent Section 179 of the Director of Highways, to construction of Highways Act 1980 Transportation and Waste cellars etc under street 9. Power to consent to Section 180 of the Director of Highways, the making of Highways Act 1980 Transportation and Waste openings into cellars etc under streets, and pavement lights and ventilators 10. Powers relating to Section 149 of the Director of Highways, the removal of things Highways Act 1980 Transportation and Waste so deposited on highways as to be a nuisance 11. Duty to assert Section 130 of the Director of Environment, and protect the rights Highways Act 1980 Planning and Enforcement or of the public to use Director of Highways, and enjoyment of Transportation and Waste highways 12. The making of Section 278 of the Director of Environment, agreements for the Highways Act 1980 Planning and Enforcement or execution of Director of Highways, highways works Section 38 of the Transportation and Waste Highways Act 1980 7 13. Preventing Section 100 of the Director of Highways, surface water from Highways Act 1980 Transportation and Waste flowing on to the highway 14. The adoption of Section 228 of the Director of Highways, small pieces of Highways Act 1980 Transportation and Waste highway where the land owner is KCC or unknown or when works have been carried out 15.
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