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Functions Delegated by the Council to Officers - Amendments and Updates – Revised Report

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Functions Delegated by the Council to Officers - Amendments and Updates – Revised Report Direct Dial/Ext: 03000 416090 e-mail: [email protected] Ask for: Date: 18 March 2019 Dear Member COUNTY COUNCIL - THURSDAY, 21 MARCH 2019 ITEM 11 - FUNCTIONS DELEGATED BY THE COUNCIL TO OFFICERS - AMENDMENTS AND UPDATES – REVISED REPORT Attached is a revised version of the report and appendix which was circulated with the agenda. The original report and appendix showed paragraph 2 (b) (iii) and C14 in the appendix as a duplication of paragraph 2 (b) (ii) and C13 respectively. 2 (b) (iii) and C14 should refer to – "The adoption of small pieces of highway where the land owner is KCC or unknown or when works have been carried out – under Section 228 of the Highways Act 1980 – To be delegated to the Director of Highway, Transportation and Waste.” I would be grateful if you could replace the report in the agenda pack with the attached. Please accept my apologies for this oversight. Yours sincerely Benjamin Watts General Counsel This page is intentionally left blank Agenda Item 11 By: Mr Eric Hotson, Cabinet Member for Corporate and Democratic Services Benjamin Watts - Monitoring Officer To: County Council – 21 March 2019 Subject: Functions Delegated by the Council to Officers - Amendments and Updates Classification: Unrestricted Summary: The County Council is recommended to consider approving a revised and updated Schedule of Council Functions (Appendix 2 Part 3 of the Constitution). 1. Introduction (a) This report requests that the County Council consider changes to Appendix 2 Part 3 of the Constitution as set out in this report. As these are functions of the Council delegated by the Council to Committees and Officers, it will be necessary for any amendments to these delegations to be formally approved by the County Council. (b) These changes are marked in the Appendix to this report. 2. Proposed Changes (a) Most of the changes bring the entries up to date in line with changes to legislation and regulations to ensure users of the Constitution can make the relevant references where needed. Others are minor typographical updates. (b) The following Schedule entries (A20, C13 and C14), refer to powers which exist in statute, but which have not been formally recorded in the Schedule previously. i. (A20) Power to act as a statutory planning consultee for major development with surface water drainage as the Lead Local Flood Authority – under Paragraph. (ze) of Schedule 4 of The Town and Country Planning (Development Management Procedure) (England) Order 2015 (SI 2015/595) – To be delegated to the Director of Environment, Planning and Enforcement ii. (C13) Preventing surface water from flowing on to the highway – under Section 100 of the Highways Act 1980 –To be delegated to the Director of Highways, Transportation and Waste Page 3 iii. (C14) The adoption of small pieces of highway where the land owner is KCC or unknown or when works have been carried out – under Section 228 of the Highways Act 1980 – To be delegated to the Director of Highways, Transportation and Waste. (c) Entry B6, relating to the storage of celluloid, has been deleted because the legislation underpinning it has been repealed on the grounds that it was no longer needed to control health and safety risks which are now covered elsewhere. 3. Recommendation: That the County Council approve the revised and updated Schedule of Council Functions (Appendix 2 Part 3 of the Constitution) as set out in Appendix A to the report. Page 4 Appendix Schedule of Council Functions These functions are the responsibility of the Council and not of the Leader FUNCTION PROVISION OF ACT RESPONSIBILITY/DECISION MAKER OR STATUTORY INSTRUMENT A. Functions relating to town and country planning and development management amongst others, including the following: 1. Power to determine Sections 70(1)(a) and Planning Applications Committee - The application for planning (b) and 72 of the Town determination of any application not permission and Country Planning delegated to officers or which relate to Act 1990 land or buildings managed by the Director of Environment Planning and 2. Power to determine Section 73 of the Town Enforcement or to which there are applications to develop and Country Planning material planning objections - except land without compliance Act 1990 where representations are received with conditions that could otherwise be considered previously attached material planning objections but in the opinion of the Head of Planning 3. Power to grant Section 73A of the Applications are not relevant in a planning permission for Town and Country particular case. development already Planning Act 1990 carried out Director of Environment Planning and 4. Power to determine Section 316 of the Enforcement - set out in notes 1 & 2 application for planning Town and Country below permission made by a Planning Act 1990 and local authority, alone or the Town and Country jointly with another Planning General person Regulations 1992 (S.I. 1992/1492) and subsequent amendments and regulations. Sections 69 and 92 of the Town and Country Planning Act 1990 and Articles 15, 16, 17, 18, 21, 24-27, 28- 30, 32-35 and 40 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595) and directions made thereunder Page 5 5. Power to decline to Section 70A, 70B & Director of Environment, Planning and determine application for 70C of the Town and Enforcement planning permission Country Planning Act 1990 6. Duties relating to the Sections 69 and 92 of Director of Environment, Planning and making of the Town and Country Enforcement determinations of Planning Act 1990 planning applications and Articles 13, 14, 16, 21, 24, 28, 29, 30, 32, 40 and 43 of the Town and Country Planning (Development Management Procedure) Order 2015 (S.I. 2015/595) and directions made thereunder 7. Power to make Schedule 2 of the Director of Environment, Planning determinations, give Town and Country and Enforcement approvals and agree Planning (General certain other matters Permitted relating to the exercise Development) of permitted (England) Order 2015. development rights (2015/595) 8. Power to enter into Section 106 of the Director of Environment, Planning agreement regulating Town and Country and Enforcement or development or use of Planning Act 1990 Director of Economic Development or land Director of Property and Infrastructure Section 111 of the Local Government Act Director of Highways, Transportation 1972 and Waste 9. Power to issue a Sections 191(4) and Director of Environment, Planning certificate of existing or 192(2) of the Town and Enforcement proposed lawful use or and Country Planning development Act 1990 10. Power to serve a Section 94(2) of the Director of Environment, Planning completion notice Town and Country and Enforcement Planning Act 1990 11. Power to authorise Section 196A of the Regulation Committee - the carrying entry onto land Town and Country out of enforcement action, initiation of Planning Act 1990 Stop Notices or any other form of action which may give rise to liability 12. Power to require Section 102 of the to pay compensation. the discontinuance of a Town and Country use of land Planning Act 1990 Page 6 13. Power to serve a Sections 171C, 171E, planning contravention 187A and 183(1) of Director of Environment, Planning notice, temporary the Town and Country and Enforcement - to exercise all notice, breach of Planning Act 1990 other powers delegated to the condition notice, or stop committee by the Council in relation notice to the enforcement of the control of development under the Town and 14. Power to issue an Section 172 of the Country Planning Act 1990 and enforcement notice Town and Country related statutory instruments. Planning Act 1990 15. Power to apply for Section 187B of an injunction the Town and restraining a breach Country Planning of planning control Act 1990 16. The obtaining of Section 330 of the information as to Town and Country interests in land Planning Act 1990 17. Duty to determine Paragraph 2(6)(a) of Director of Environment, Planning conditions to which old Schedule 2 to the and Enforcement mining permissions, Planning and relevant planning Compensation Act permissions relating to 1991, paragraph 9(6) dormant sites or active of Schedule 13 to the Phase I or II sites, or Environment Act 1995 mineral permissions and paragraph 6(5) of relating to mining sites, Schedule 14 to that as the case may be, Act are to be subject 18.Power to determine Town and Country Director of Environment, Planning a screening or scoping Planning and Enforcement opinion (Environmental Impact Assessment) Regulations 2011 as consolidated and amended by SI 2017/571 and subsequent amendments and regulations. Page 7 19.Power to determine The Conservation of Director of Environment, Planning an Appropriate Habitats and Species and Enforcement - to determine Assessment application Regulations 2010 SI Appropriate Assessment applications 2010/490) as where Natural England has advised consolidated and the Council that it is satisfied that the amended by the proposal will not affect the Conservation of conservation objectives of the Habitats and Species designated site or that the mitigation Regulations 2017 (SI measures proposed are acceptable 2017/1012) and as the latter is amended by SI 2018/1307 20. Power to act as a Para. (ze) of Director of Environment, Planning and statutory planning Schedule 4 of The Enforcement. consultee for major Town and Country development with Planning surface water drainage (Development as the Lead Local Flood Management 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, Planning persons entitled to sell 11 of the Poisons Act and Enforcement non-medicinal poisons 1972 2. Power to register Section 1 of the Director of Environment, Planning animal trainers and Performing Animals and Enforcement exhibitors (Regulation) Act 1925 3.
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