Development Control Committee:
DEVELOPMENT CONTROL COMMITTEE
Functions
1. The Committee will exercise all
the Council’s powers and duties in respect of Development Control
(subject to the scheme of delegation set out at the end of this
document and the provisions of Section 7 below).
The Committee will act in accordance with the Local Plan and
Local Development Framework elements of the Council's Policy
Framework.
2. The Committee is granted
delegated authority to establish Development Control working
practices and protocols for operation on a District-wide basis by
this and all other area-based committees.
In exercising the above powers and duties, the Committee may
also:
a. establish such sub
committees and working parties as are considered helpful in
exercising the above functions.
b. delegate any of its
functions to a sub committee and to delegate any of its non-policy
making functions to Officers (see delegation scheme).
3. To monitor service delivery and
service trends and to make recommendations.
4. To be a body of influence
across its geographical area of responsibility and with the
community in its area.
5. To engage in consultation with
the community and specifically with other bodies which have an
interest in the span of responsibility of this Committee.
6. To participate with others in
joint initiatives on planning.
Limitation on delegation
7. The exercise of this delegated
authority is subject to the Divisional Director, Planning &
Transport Development, in consultation with the Committee Chair
being authorised, in exceptional circumstances, to refer any
decision or determination of the Development Control Committee
which is clearly contrary to policy and against officer advice, to
a subsequent meeting of the Development Control Committee.
When such a decision or determination is referred, it shall be of
no effect until the Committee has fully reconsidered the matter in
the light of all the information originally before the Committee
plus such additional information and advice as the Divisional
Director, Planning & Transport Development considers
necessary. Further to such reconsideration, the Committee
shall be entitled to make such decision or determination as it sees
fit
Frequency
Monthly
Membership
12 Members in the political proportion – 6 Conservative, 4
Liberal Democrat and 2 Labour Members, chaired by a Conservative
Member.
The quorum for this Committee shall be 7 Members
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Scheme of Delegation – Planning & Related Applications
& Enforcement
|
A |
PLANNING APPLICATIONS |
Nominated Officers |
|
1 |
To determine all applications for planning and other permissions
except where:
1. A Ward Member has, before a
delegated decision is made and within four weeks of the publication
of the Weekly List containing that application, requested in
writing that the application be referred to Committee, has
specified the planning reasons for the request and such referral
has been agreed by the Chair of Development Control Committee,
taking into account:-
- Relevant material considerations raising significant planning
concerns
- Significant implications for adopted policy
- The nature, scale and complexity of the proposed
development.
(NB the Ward Member will be expected to attend the Committee
meeting at which the application they referred is to be
discussed.)
2 An
application has been subject of a letter of objection, comment or
support from the Parish Council for the area including the
application site (or for an adjoining area) which is contrary to
officer recommendation, when there shall be prior consultation with
the Chair of the Development Control Committee before a decision is
made whether or not to refer the application to committee.
For the purpose of this section, letters of objection or support
that do not give Planning Policy based reasons will be disregarded,
although all representations will be taken into account in
determining the application.
3 The
Divisional Director of Planning and Transport Development and/or
the Group Manager (Operations and Business Development) considers
that the application should be considered by Committee.
4 The
applicant is a Councillor for Bath and North East Somerset or a
Council employee who works within Planning Services.
5. The application is one in
connection with which either a Councillor for Bath and North East
Somerset or a Council employee is privately employed in any
capacity (e.g. as agent or consultant)
Applications for Prior Approval under Regulations that impose a
strict deadline for the issuing of a decisions, and where the
application cannot be reported to Committee in time for a decision
notice to be supplied to the applicant prior to the expiry of the
statutory period, shall be determined under delegated powers, and
not be reported to Committee, even if one of the exceptions
numbered 1 - 5 above applies.
NB No nominated officer may determine an application in
respect of which they have also acted as Case Officer |
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
B |
PLANNING ENFORCEMENT |
Nominated Officers |
|
1. |
The issue of Discontinuance/Enforcement Stop Notice(s) and
making applications for and enforcing injunction(s) in cases of
urgency. |
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
2. |
The issue of Temporary Stop Notices. |
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
3. |
The issue of Planning Contravention Notices and notice under
Section 330 Town & Country Planning Act 1990 and Section 16 of
the Local Government (Miscellaneous Provisions) Act
1976. |
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
4. |
The issue of Breach of Condition Notices.
|
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
5. |
The issue of Enforcement Notices in the following
circumstances:
(i) where planning permission has
been granted for development but the development is subsequently
not carried out in accordance with the approved plans;
(ii) where the owner of the property has been
notified in advance by the Council in writing that planning
permission is required for the development, but the development is
subsequently carried out without the required planning
permission;
(iii) where the unauthorised development relates to a
material change of use (other than to use as a dwelling house);
(iv) where the unauthorised development relates a
temporary use of land;
(v) where time is of the essence to keep
the unauthorised development within the control of the Council as
local planning authority
(vi) Where unauthorised development has been carried
out and a retrospective application has been refused/dismissed on
appeal.
(vii) Where unauthorised development has been carried out and an
application for planning permission could not address the harm
caused and therefore is unlikely to be granted |
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage
|
|
6. |
The issue of Notices requiring the proper maintenance of land
adversely affecting the amenity of a neighbourhood. |
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
7. |
To authorise prosecution proceedings where :
a) The requirements of an Enforcement Notice have not been
carried out as specified in the notice.
b) The requirements of a Breach of Condition Notice have not
been complied with.
c) Where unauthorised works have been carried out to a listed
building where significant irreversible harm has been
caused. |
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
C |
ADVERTISEMENTS ENFORCEMENT |
Nominated Officers |
|
1. |
To take appropriate action
(whether prosecution, injunction
proceedings or enforcement) in respect of the unauthorised display
of an advertisement.
|
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
D |
LISTED BUILDINGS AND CONSERVATION AREAS
ENFORCEMENT |
Nominated Officers |
|
1. |
Issue of Building Preservation Notices and Emergency Building
Preservation Notices. |
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
2. |
Service of Urgent Works and Repair Notices in respect of Listed
Buildings in cases of urgency. |
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
3. |
Making Directions under Article 4 of the Town and Country
Planning (General Development) Order 1988 as regards Conservation
Areas. |
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
4. |
Making applications for and enforcing injunctions in cases of
urgency. |
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
5. |
The issue of Listed Building Enforcement Notices in the
following circumstances:-
(i) Where Listed
Building Consent has been granted for works and the works have not
been carried out in accordance with that Consent.
(ii) Where the
owner/occupier of the property has been notified in advance by the
Council in writing that Listed Building Consent is required for the
proposed works and the works are subsequently carried out without
the required Listed Building Consent.
(iii) Unauthorised works have been carried out to a
listed building and an application for retrospective listed
building consent has been refused or an appeal in respect of the
unauthorised works has been dismissed.
(iv) Where unauthorised works have been carried out
to a listed building and an application for listed building consent
could not address the harm caused and would therefore unlikely to
be granted. |
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
6. |
To determine not to take listed building enforcement action for
unauthorised works where it is considered NOT to be expedient to do
so. |
· Divisional Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
In all the above circumstances, the Officer using the
delegations would have to be satisfied in each case that it is
expedient to take (or not to take) Enforcement action. The
decision with reasons is to be documented, and subsequently be
provided to the Ward Councillor(s) for the Ward(s) in which the
land or premises in question are situated and reported to the next
available meeting of the Development Control
Committee. |
