Planning Practice Note:
Delegated Powers
INTRODUCTION
South Shropshire District Council as Local Planning Authority (LPA) is committed to continuous improvement to its services through "Best Value" initiatives.
This is one of a series of Best Value Practice Notes (BVPNs) intended to help provide the highest possible quality of service to applicants for planning permission and the general public.
THE PURPOSE OF THIS PRACTICE NOTE
The purpose of the Practice Note is to give information about the powers delegated to officers of the Council to determine some types of planning applications and the procedures involved.
BACKGROUND
It is usual for LPAs to delegate to officers the task of determining certain planning applications and related decisions. This is regarded as best practice by the Government because it allows for the speedy processing of applications where these are minor and/or uncontroversial. The scope of the scheme of delegation varies from authority to authority.
THE SCHEME OF DELEGATION IN SOUTH SHROPSHIRE
The South Shropshire scheme was amended by Full Council on 31st August 2006. All major and controversial developments and those in which three separate objections cannot be resolved are reported to the Development Control Committee for determination. All others are initially delegated to the Head of Planning and Building Control.
Review
The Council intends to monitor the operation of the scheme and undertake a full review of it in summer 2007.
Who makes delegated decisions?
Decisions are delegated to the Head of Planning and Building Control and through him the Development Control Officer.
DELEGATED DECISION TYPES
Householder developments and minor works
All planning applications relating to householder development (that is development falling within the curtilage of a single dwelling house) and Minor Applications for the erection, construction,
maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure; the formation, laying out and construction of a hard standing and a means of access to any highway.
Residential developments
ntsMinor Outline and Full applications. All Reserved Matters applications for residential development
Industrial developments
Minor Outline and Full applications for industrial development on established sites and extensions or alterations to existing buildings on such sites. All Reserved Matters applications for industrial Development
Changes of use
Applications of a 'Minor' nature involving the change of use of land or buildings
Agricultural buildings
Applications for agricultural and forestry development submitted under Parts 6 and 7 of Schedule 2 to the Town and Country Planning [General Permitted Development] Order 1995. Applications for non-intensive livestock and general purpose agricultural buildings and works
Advertisements and shop fronts
Applications for the installation/alteration of shop fronts; the display of advertisements
Listed Building & Conservation Area Consent
Listed Building and Conservation Area Consent for any of the classes detailed above
Discharge of Conditions
Approve or refuse details submitted under cover of a planning condition pursuant to any planning consent [NB Not Reserved Matters Applications]
Determine Application for Minor amendment
[ie not materially changing the character of the development] and revisions in the siting, design layout and use of materials where similar Application previously approved on same site; and Determine applications for Renewal
Determine Applications submitted under Section 73 of the Town and Country Planning Act 1990 for the variation, modification or removal of a planning condition[s]
Repeat Applications
To decline to entertain repeat applications for planning permission made under Section 70A of Town and Country Planning Act 1990
Planning Obligations
To authorise that the Council enter into a planning obligation pursuant to S106 of the Town and Country Planning Act 1990 Subject to the planning obligation being required in connection with a delegated decision under this Scheme of Delegation
Controls over Demolition
[a] submitted under Part 31 of Schedule 2 to the Town and Country Planning [General Permitted Development] Order 1995 for a Determination as to whether the prior approval of the Authority is required to the method of proposed demolition and any proposed restoration of the site affected. [b] Conservation Area Consent [demolition of unlisted buildings in Conservation Areas].
Telecommunications
The determination of development by Telecommunications Code System Operators submitted under Part 24 of Schedule 2 to the Town and Country Planning [General Permitted Development] Order 1995
Overhead Power Lines
To determine applications for 11 kv overhead power lines
Operators Licences
To object to the issue or variation of Goods Vehicle Operators Licences pursuant to Section 63[3] of the Transport Act 1968 and Regulation 18 of the Goods Vehicles [Operators' Licences Qualifications and Fees] Regulations 1984
Environmental Assessments
To determine whether planning applications should be subject to an Environmental Assessment and to decide what data should be contained in such an assessment
Certificate of Lawfulness
To determine applications for Certificates of Lawfulness of Existing Use or Development and Certificates of Lawfulness of Proposed Use or Development pursuant to Section 191 and 192 of the Town and Country Planning Act 1990 [respectively]; and prosecute under Section 194 of the Town and Country Planning Act 1990 where a false or misleading statement has been made for the purpose of procuring a particular decision on an application for a Certificate or where material information has been withheld with intent to deceive.
Tree Matters
To confirm unopposed Tree Preservation Orders
Works to Trees in Conservation Areas
To approve/refuse works to trees in a Conservation Area
Felling Licences
To respond to Felling Licence Consultations
Dangerous Trees
To deal with, and serve statutory notices in relation thereto under Section 23 Local Government (Misc Provisions) Act 1976
Building Preservation Notices
Subject to prior consultation with the Head of Scrutiny and Standards and the agreement of the Chairman and/or Vice-Chairman of Development Control Committee, authority be delegated to the Head of Planning and Building Control, in accordance with the provisions of Section 3[1] of Part 1 of the Planning [Listed Buildings and Conservations Areas] Act 1990 to serve a Building Preservation Notice in respect of buildings which are not listed but which the Council considers are of special architectural or historic interest and which it is considered are in danger of demolition or alteration
Hazardous Substances
To determine applications for Hazardous Substances Consent Subject to prior consultation with the Principal Environmental Health Officer
Warrant to Enter Land
Authority of the Head of Scrutiny and Standards to apply to the Magistrate's Court for a warrant to enter land.
Choice between Informal Hearing and Public Inquiries or Written Representations at Appeal
Subject to prior consultation with the Head of Scrutiny and Standards authority is delegated to the Head of Planning and Building Control to decide on the appropriate means for an appeal to be heard in accordance with Circular.
This is a guide only, for complete schedule refer to part 3 of the Constitution.
© Copyright South Shropshire District Council,
Stone House, Corve Street,
Ludlow, Shropshire, SY8 1DG.
Tel: (01584) 813000
Fax: (01584) 813128
e-mail: planning@southshropshire.gov.uk
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Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 6/3/2007.
