Agenda item

The Terms of Reference set out below are unchanged from 2016/17. Any changes made at the next Full Council meeting will be subsequently reported to a future Development Control (A) Committee:

DEVELOPMENT CONTROL COMMITTEES

Terms of Reference

Arrangements

There are two Development Control Committees:

            -           Development Control Committee “A”

            -           Development Control Committee “B”

Each Development Control Committee shall have full authority to deal with all development control matters reserved to a Development Control Committee by virtue of this consultation.

Functions

Full Council has delegated to the Development Control Committees all functions relating to town and country planning and development control as specified in Regulation 2 and Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) under the following provisions and any related secondary legislation:

1.         Power to determine applications for planning permission (section 70(1)(a) and (b) and 72 of the Town and Country Planning Act 1990 (c.8)).

2.         Power to determine applications to develop lad without compliance with conditions previously attached (section 73 of the Town and Country Planning Act 1990).

3.         Power to grant planning permission for development already carried out (section 73(A) of the Town and Country Planning Act 1990).

4.         Power to decline to determine application for planning permission (section 70A of the Town and Country Planning Act 1990).

5.         Duties relating to the making of determinations of planning applications (Sections 69, 76 and 92) of the Town and Country Planning Act 1990 and Articles 8, 10 to 13, 15 to 22 and 25 and 26 of the Town and Country Planning (General Development Procedure Order 1995) (S.I. 1995/419 and directions made thereunder).

6.         Power to determine application for planning permission made by a local authority, alone, or jointly with another person (section 316 of the Town and Country Planning General Regulations 1992 (S.I. 1992/1492)).

7.         Power to make determinations, give approvals and agree certain other matters relating to the exercise of permitted development rights (Parts 6, 7, 11, 17, 19, 20, 21 to 24, 26, 30 and 31 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995).

8.         Power to enter into agreement regulating development or use of land (Section 106 of the Town and Country Planning Act 1990).

9.         Power to issue a certificate of existing or proposed lawful use or development (Section 191(4) and 192(2) of the Town and Country Planning Act 1990).

10.       Power to serve a completion notice (Section 94(2) of the Town and Country Planning Act 1990).

11.       Power to grant consent for the display of advertisements (Section 220 of the Town and Country Planning (Control of Advertisements) Regulations 1992).

12.       Power to authorize entry onto land (Section 196A of the Town and Country Planning Act 1990).

13.       Power to require the discontinuance of a use of land (Section 102 of the Town and Country Planning Act 1990).

14.       Power to serve a planning contravention notice, breach of condition notice or stop notice (Sections 171C, 187A and 183(1) of the Town and Country Planning Act 1990).

15.       Power to issue a temporary stop notice (Section 171 of the Town and Country Planning Act 1990).

16.       Power to issue an enforcement notice (Section 172 of the Town and Country Planning Act 1990).

17.       Power to apply for an injunction restraining a breach of planning control (Section 18 7B of the Town and Country Planning Act 1990).

18.       Power to determine applications for hazardous substances consent and related powers (Sections 9(1) and 10 of the Planning (Hazardous Substances) Act 1990 (c.10)).

19.       Duty to determine conditions of which old mining permissions, relevant planning permissions relating to dormant sites or active Phase I or II sites or mineral permissions relating to mining sites, as the case may be, are to be subject (paragraph 2(6)(a) of Schedule 2 of the Planning and Compensation Act 1991, paragraph 9(6) of the Schedule 13 of the Environment Act 1995 (c.25) and paragraph 6(5) of Schedule 14 to that Act.

20.       Power to require proper maintenance of land (section 215(1) of the Town and Country Planning Act 1990).

21.       Power to determine application for listed building consent and related powers (sections 16(1) and (2), 17 and 33(1) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990 (c.9).

22.       Power to determine applications for conservation area consent (section 16(1) of the Planning (Listed Buildings and Buildings in Conservation Areas Act 1990, as applied by section 74(3) of that Act).

23.       Duties relating to applications for listed building consent and conservation area consent (sections 13(1) and 14(1) and (4) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and regs 3 to 6 and 13 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 S.I. 1990/1519) and paragraphs 8, 15 and 26 of the Department of Environmental, Transport and the Regions circular 01/01).

24.       Power to serve a building preservation notice and related powers (sections 3(1) and 4(1) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990.

25.       Power to issue enforcement notice in relation to demolition of listed building in conservation area (section 47 and 48 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990).

26.       Powers to acquire a listed building in need of repair and to serve a repairs notice (section 47 and 48 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990).

27.       Power to apply for an injunction in relation to a listed building (section 44A of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990).

28.       Power to execute urgent works (section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990).

29.       Power to authorise stopping up or diversion of highway (section 247 of the Town and Country Planning Act 1990).

30.       Power to authorise stopping-up or diversion of footpath, bridleway or restricted byway (section 257 of the Town and Country Planning Act 1990).

31.       Power to extinguish public rights of way over land held for planning purposes (Section 258 of the Town and Country Planning Act 1990).

32.       Powers relating to the protection of important hedgerows (the Hedgerows Regulations 1997 (S.I. 1997/1160).

33.       Powers relating to the preservation of trees (sections 197 to 214D of the Town and Country Planning Act 1990 and the Trees Regulations 1990 (S.I. 1999/1892)).

34.       Powers relating to complaints about high hedges (Part 8 of the Anti-Social Behaviour Act 2003).

35.       Power to include modifications in other orders (Section 53A of the Wildlife and Countryside Act 1981).

36.       Power to revoke or modify planning permission (Section 97 Town and Country Planning Act 1990).

Code of Conduct

The committee must follow the council’s Code of Conduct for Councillors and Officers dealing with development control and other appropriate planning matters (in part 5 of the constitution).

The Terms of Reference as determined by Annual Council on 23 May 2017 was noted.