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1 |
To determine all applications for planning and other permissions
except where:
1.1 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.)
1.2An application has been subject of a letter of objection,
comment or support from the Town or 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.
1. The Assistant Director of Planning and Transport
Development and/or the Group Manager (Operations and Business
Development) considers that the application should be considered by
Committee.
2. The applicant is a Councillor for Bath and North
East Somerset or a Council employee who works within Planning
Services.
3. 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 |
· Assistant Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
1. |
The issue of Discontinuance/Enforcement Stop Notice(s) and
making applications for and enforcing injunction(s) in cases of
urgency. |
· Assistant 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. |
· Assistant 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. |
· Assistant 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.
|
· Assistant 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 |
· Assistant 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. |
· Assistant 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. |
· Assistant Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
|
1. |
To take appropriate action
(whether prosecution, injunction
proceedings or enforcement) in respect of the unauthorised display
of an advertisement.
|
· Assistant Director, Planning
& Transport Development
· Group Manager, Operations and
Business Development
· Development Manager
· Heritage & Environment
Manager
· Senior Professional - Major
Development
· Team Leaders - Development
Control & Heritage |
