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Officer Delegation Rules - West Oxfordshire · Officer Delegation Rules ... of Sections 28 and 29...

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Officer Delegation Rules A FINANCIAL FUNCTIONS ............................................................................................................ Page 4-39 B LEGAL, PROPERTY AND MISCELLANEOUS FUNCTIONS ............................................... Page 4-40 C LICENSING FUNCTIONS ............................................................................................................. Page 4-41 D HOUSING FUNCTIONS ............................................................................................................... Page 4-44 E PLANNING FUNCTIONS ............................................................................................................. Page 4-44 F ENVIRONMENTAL FUNCTIONS .............................................................................................. Page 4-48 G BUILDING CONTROL FUNCTIONS ....................................................................................... Page 4-56 H LEISURE AND TOURISM FUNCTIONS.................................................................................... Page 4-57 I STAFFING FUNCTIONS ............................................................................................................... Page 4-57 Page 4-38 (May 2008)
Transcript

Officer Delegation Rules

A FINANCIAL FUNCTIONS ............................................................................................................ Page 4-39

B LEGAL, PROPERTY AND MISCELLANEOUS FUNCTIONS............................................... Page 4-40

C LICENSING FUNCTIONS............................................................................................................. Page 4-41

D HOUSING FUNCTIONS ............................................................................................................... Page 4-44

E PLANNING FUNCTIONS............................................................................................................. Page 4-44

F ENVIRONMENTAL FUNCTIONS .............................................................................................. Page 4-48

G BUILDING CONTROL FUNCTIONS ....................................................................................... Page 4-56

H LEISURE AND TOURISM FUNCTIONS.................................................................................... Page 4-57

I STAFFING FUNCTIONS ............................................................................................................... Page 4-57

Page 4-38 (May 2008)

Page 4-39 (Part 4 – May 2008)

Officer Delegation Rules The following functions are delegated to officers by the executive, Committees or sub-Committees, as shown.

The list of delegated functions is as adopted by the Council on 24 April 2001, and subsequently amended by virtue of decisions of the Council, the Executive, or a Committee or Sub-Committee of the Council.

Delegations to the Chief Executive or a Strategic Director may be onward delegated to the relevant Head of Service as deemed appropriate, either permanently or so that the Head of Service may act in the absence of the Chief Executive / Director.

Function Delegated by: Delegated to:

A FINANCIAL FUNCTIONS A1. Management of the Councils financial affairs including banking

arrangements, treasury management arrangements, insurances and taxation in accordance with Financial Procedure Rules, Council Policy and statute

Executive

Strategic Director (Resources)

A2. To approve requests from mortgagors for the Council's consent as mortgagees to minor transactions, property alterations or other matters affecting the mortgaged property, provided the Director is satisfied that the Council's security will not be adversely affected.

Executive Strategic Director (Resources)

A3. To implement future mortgage interest rate changes in accordance with the Standard National Rate.

Executive Strategic Director (Resources)

A4. To be the proper officer to manage and implement the functions of the Council as Council Tax and National Non Domestic Rating Authority.

Executive Strategic Director (Resources)

A5. Authority to collect and recover any National Non-Domestic Rates, Council Tax or Community Charges and to prosecute and appear on behalf of the Council at any hearing or legal proceedings in relation to any non-collection

Executive Strategic Director (Resources) and/or officer appointed by him/her

A6. Council Tax Benefits: To be the proper officer to administer the Council Tax Benefit Scheme on behalf of the Authority.

Executive Strategic Director (Resources)

A7. Housing Benefits: The operation of Housing Benefit schemes and determination of initial appeals under the Housing Benefits (General) Regulations 1987.

Executive Strategic Director (Resources)

A8. Executive Strategic Director (Resources)

Write-Offs:

To Write Off: (a) sums less than £100 due to the Council; (b) sums between £100 and £300; (c) any sum in excess of £100 irrecoverable as a result of the

bankruptcy or insolvency of the debtor; (d) sums due to the Council in cases in which, given the

personal Circumstances of the debtor, it would be unreasonable to pursue legal proceedings;

(e) debts remitted by the Magistrates’ Court in the course of legal proceedings;

(f) Housing Benefit overpayments which are irrecoverable by Statute irrespective of amount; and

(g) Housing Benefit overpayments and Miscellaneous Income debts which are irrecoverable because the debtor is insolvent, regardless of amount.

(subject in respect of (b) to (d) above to the submission of a report detailing the Director’s actions to the next meeting of the executive).

A9. Valuers - Authority to instruct private valuers as necessary to carry out specialist work.

Executive Chief Executive

A10. Acceptance of tenders: Authority for the relevant Director to accept tenders in compliance with Contracts Procedures Rules.

Executive All Directors

Page 4-40 (Part 4 – May 2008)

Function Delegated by: Delegated to:

A11. To authorise the letting of stalls on markets (NB: This does not include farmers markets, which are covered by F43 below)

Executive Strategic Director (Resources)

A12. Management of the Council's Concessionary Travel Scheme under the Transport Act 2000 and in accordance with Council Policy

Executive Strategic Director (Resources)

A13. Authority to incorporate revised contract value thresholds into the Council’s Contracts Procedure Rules included in Part 4 of the Constitution, in relation to contracts which fall within the terms of Article 7 of the EU Procurement Directive.

Council Strategic Director (Resources)

B LEGAL, PROPERTY AND MISCELLANEOUS FUNCTIONS

B1. Management of industrial estates, authority:

(a) to give consent to charge, sub-let or assign leases (except where there is a proposed change of use as per the planning use classes);

(b) to enforce the terms and conditions of any lease or agreement;

(c) to accept the surrender or to commence proceedings for the forfeiture of any lease; and

(d) to accept terms recommended by the Council's Consultant Valuer in connection with periodic rent reviews.

Executive

Chief Executive following consultation with the relevant Cabinet Member

B2. Authority to authorise in writing any Officer of the Council or consultant engaged by the Council to exercise a right of entry to any land in the District in furtherance of the discharge of the Council's statutory responsibilities, powers and functions.

Development Control Committee – for Planning Purposes; Executive for other purposes

Chief Executive and relevant Directors

B3. Promotional Meetings: In case of urgency to approve expenditure on promotional meetings in consultation with the Leader of the Council.

Executive Chief Executive

B4. Mortgage Arrears: Authority to institute proceedings for foreclosure in cases of default on Council mortgages.

Executive Chief Executive

B5. Trespass - authority to take such action including the institution of legal proceedings as the Chief Executive may consider necessary to prevent or to remedy any trespass or unauthorised use or occupation of Council owned land.

Executive Chief Executive

B6. Community Safety: To approve, after consultation with the Executive, grants of up to £250 from the sum allocated for Community Safety initiatives.

Executive Chief Executive

B7. Appointment of Building, Engineering, etc Consultants: Authority to appoint Consultants to act as Planning Supervisor in respect of the Construction (Design and Management) Regulations 1994 where appropriate to specific architectural and building projects.

Executive All Directors

B8. Authority to award grants or to refuse applications in accordance with the Council's scheme(s) for Economic Development Grants

Executive Strategic Director (Development)

B9. Authority to operate the combined Grant and Discretionary Rate Relief Scheme designed to help businesses approved by Council on 13th October 1999

Executive Jointly by Strategic Director (Development) & Strategic Director (Resources)

B10. Authority to enter into contracts for the purchase of energy (electricity, gas and water) without compliance with the tendering requirements contained in Standing Orders Relating to Contracts. (Subject to the Chief Executive and the Strategic Director (Resources) being satisfied with the arrangements)

Executive Strategic Director (Environment)

B11. Authority to designate named Officers to represent the Council in the County Court for the recovery of debts owed to the Council.

Executive Chief Executive

B12. Authority to temporarily close streets in accordance with Executive Chief Executive

Page 4-41 (Part 4 – May 2008)

Function Delegated by: Delegated to:

Section 21 of the Town Police Clauses Act, 1847 B13. Authority to act as an “Authorising Officer” and to designate

other specific Officers as Authorising Officers for the purposes of Sections 28 and 29 of the Regulation of Investigatory Powers Act 2000.

Executive Chief Executive

B14. Authority to issue Anti Social Behaviour Orders under the Crime and Disorder Act 1998, following consultation with the Leader of the Council.

Executive Chief Executive

B15. The authority to deal with requests for, and to make information available under the Council’s Freedom of Information Act 2000 Publication Scheme

Executive Chief Executive, relevant Strategic Director, Monitoring Officer

B16. The authority to determine any complaint relating to the non-availability of information pursuant to the Council’s Publication Scheme under the Freedom of Information Act 2000.

(Note: If the complainant remained unsatisfied, the matter would be referred to the Executive for decision prior to the complainant)

Executive Chief Executive and/or Strategic Director (Resources)

B17. The authority to determine additional categories of duties which shall qualify for the claiming of travel, subsistence and dependent carers’ allowances in accordance with the Local Authorities (Members’ Allowances) (England) Regulations 2003 and the Council’s scheme of members’ allowances set out in Part 6 of the Constitution.

Council Strategic Director (Resources)

C LICENSING FUNCTIONS C1. Game Licences: All functions relating to Game Licences Miscellaneous

Licensing Sub-Committee

Chief Executive

C2. Authority to register premises and practitioners in respect of cosmetic piercing, tattooing, electrolysis, acupuncture and semi-permanent skin-colouring pursuant to Sections 14 & 15 of the Local Government (Miscellaneous Provisions) Act 1982

Miscellaneous Licensing Sub-Committee

Strategic Director (Environment)

C3. Hackney Carriage and Private Hire Licences: Miscellaneous Licensing Sub-Committee

Head of Community Services

(a) Authority to grant or renew Hackney Carriage and Private Hire Drivers’ Licences where:- (i) the applicant’s driving licence is not endorsed with

more than three current penalty points (endorsements) or more than one short period disqualification; and

(ii) in the case of a new applicant, the applicant submits one satisfactory character reference; and the applicant submits a satisfactory Medical Certificate to the Chief Executive if required under the Council’s licensing conditions. (A Medical Certificate is required with a first application and, thereafter, at three yearly intervals. After the age of 65 a Medical Certificate shall be submitted annually.)

(iii) the applicant is over 21 years of age.

(In all cases where it is proposed to refuse an application for the issue or renewal of a drivers’ licence the applicant be afforded the opportunity to present his case, in person, to the Miscellaneous Licensing Sub-Committee who will have full authority to resolve the application)

(b) Authority to approve the issue and renewal of Hackney

Carriage and Private Hire Licences subject to the production of satisfactory insurance cover and the vehicle

Page 4-42 (Part 4 – May 2008)

Function Delegated by: Delegated to:

complying with the Council’s conditions as to fitness following satisfactory vehicle examination by the firms acting as Inspection Agents for the Council with authority to appoint further Inspection Agents as necessary.

(c) Authority to approve the issue and renewal of Private Hire Operators Licences subject to the production of one satisfactory character reference in the case of a new applicant.

(d) Authority to institute legal proceedings in any instances where proprietors, operators or drivers fail to comply with legislative requirements in respect of Taxi and Private Hire vehicle operation.

(e) Authority to grant or renew licences in respect of horse drawn carriages and their drivers in accordance with the Council’s standard licensing conditions.

C4. Authority, in consultation with the Chairman of the Miscellaneous Licensing Sub-Committee [or in his/her absence, the Vice Chairman of the Sub-Committee], to exercise the power under Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 to suspend or revoke the licence of a driver of a hackney carriage or a private hire vehicle

Miscellaneous Licensing Sub-Committee

Head of Community Services

C5. Authority, in consultation with the Chairman of the Miscellaneous Licensing Sub-Committee [or in his/her absence, the Vice Chairman of the Sub-Committee], to exercise the power under Section 52 of the Road Safety Act 2006 to suspend or revoke a taxi or private hire vehicle driver’s licence with immediate effect, where he/she is of the opinion that the interests of public safety so require

Miscellaneous Licensing Sub-Committee

Head of Community Services

C6. Authority to approve the display of advertisements on licensed vehicles, subject to the Council’s Policy.

Miscellaneous Licensing Sub-Committee

Head of Community Services

C7. Authority to grant and renew licences pursuant to: (a) The Pet Animals Act 1951. (b) The Animal Boarding Establishments Act 1963. (c) The Riding Establishments Acts, 1964 and 1970. (d) The Breeding of Dogs Act 1973. (e) The Dangerous Wild Animals Act 1976. (f) The Zoo Licensing Act 1981.

Miscellaneous Licensing Sub-Committee

Strategic Director (Environment)

C8. Authority to issue Street Trading Licences in accordance with the scheme for the Control of Street Trading approved by the Finance and General Purposes Committee on 16th July 1998.

Miscellaneous Licensing Sub-Committee

Chief Executive

C9. Authority to institute legal proceedings for breaches of the Street Trading Provisions made under the Local Government (Miscellaneous Provisions) Act 1982).

Miscellaneous Licensing Sub-Committee

Chief Executive

C10. Street and House to House Collections: (a) Control of and authorisation for street collections and

house to house collections; (b) Authority to request the Police to take enforcement action

in the event of any unauthorised street collection taking place, for whatever purpose.

Miscellaneous Licensing Sub-Committee

Chief Executive

C11. Authority to grant, vary and consent to transfers of Site Licences pursuant to Sections 3 and 10 of the Caravan Sites and Control of Development Act 1960

Miscellaneous Licensing Sub-Committee

Strategic Director (Environment)

C12. Authority to grant, renew, revoke and refuse licences pursuant to the Food Safety (General Food Hygiene) Regulations 1995

Miscellaneous Licensing Sub-Committee

Strategic Director (Environment)

C13. Authority to register fit and proper persons to carry on the business of motor salvage operator

Miscellaneous Licensing Sub-Committee

Chief Executive

Page 4-43 (Part 4 – May 2008)

Function Delegated by: Delegated to:

C14. Authority to institute legal proceedings in respect of any unlicensed or unregistered activity, or failure to comply with the terms and conditions of any licence or registration

Miscellaneous Licensing Sub-Committee

Strategic Director (Environment)

C15. Subject to any objections made by the Police having been withdrawn, or to the Police agreeing that a Hearing is not necessary, the determination of applications under the Licensing Act 2003:

(a) for a Personal Licence; (b) to vary a Premises Licence/Club Premises Certificate; (c) for the transfer of a Premises Licence; and (d) for interim authorities

(NB: Applications falling outside the above criteria will be referred to the Licensing Panel in accordance with Part 3 of the Constitution)

Licensing Committee

Chief Executive

C16. Subject to any valid representations and any representations from a Responsible Authority having been withdrawn, or to all parties agreeing that a Hearing is not necessary, the determination of applications under the Licensing Act 2003:

(a) for a Premises Licence/Club Premises Certificate; (b) for a provisional statement; and (c) to vary a Premises Licence/Club Premises Certificate (NB: Applications falling outside the above criteria will be referred to the Licensing Panel in accordance with Part 3 of the Constitution).

Licensing Committee

Chief Executive

C17. The determination, under the Licensing Act 2003, of requests to be removed as Designated Premises Supervisor

Licensing Committee

Chief Executive

C18. Authority, in relation to the Licensing Act 2003, to make a decision as to whether a complaint is irrelevant, frivolous, vexatious, repetitious etc

Licensing Committee

Chief Executive

C19. Authority, in relation to the Licensing Act 2003, to determine whether a representation made by an interested party is a relevant representation.

Licensing Committee

Chief Executive

C20. Authority to instigate legal proceedings, as outlined in the adopted Statement of Enforcement Policy, in respect of the Licensing Act 2003.

Licensing Committee

Chief Executive

C21. Authority to determine applications for amusements with prizes permits under sections 6; 34(1) and 34(E) of the Gaming Act 1964 and section 16 of the Lotteries and Amusements Act 1976

Licensing Committee

Chief Executive

C22. Authority to extend a time period as provided for in Regulation 11 of the Licensing Act 2003 (Hearings) Regulations 2005

Licensing Committee

Chief Executive, following consultation with the Chairman and Vice Chairman of the Licensing Committee.

C23. Authority to authorise officers to enter premises pursuant to:

(a) Licensing Act 2003; (b) Gambling Act 2005

Licensing Committee

Chief Executive

C24. Authority to determine applications made to the Council under the Gambling Act 2005, in the absence of any objections to an application being received, with the Members of the Licensing Committee and the local representative(s) to be advised of any premises licences so granted

Licensing Committee

Strategic Director (Environment)

C25. Authority to extend a time period provided for in Regulation 4 of the Hearings Regulations made under the Gambling Act 2005

Licensing Committee

Strategic Director (Environment)

Page 4-44 (Part 4 – May 2008)

Function Delegated by: Delegated to:

D HOUSING FUNCTIONS D1. Evictions/Harassment: To authorise the necessary action,

including the laying of information and the institution of proceedings in cases of breach of the provisions of the Protection from Eviction Act, 1977, relating to unlawful eviction and harassment and of the Landlord and Tenant Act, 1985, relating to the provision of rent books.

Executive

Chief Executive in consultation with Strategic Director (Environment)

D2. Authority to enter into nomination agreements with housing associations to confer nomination rights in favour of the Council.

Executive

Chief Executive

D3. Authority to make arrangements for storage facilities in connection with homelessness.

Executive

Strategic Director (Development)

D4. Authority in accordance with the approved recognition criteria and in consultation with the executive, to determine applications for recognition as a Tenants’ and Residents’ Association.

Executive

Strategic Director (Development)

D5. Operation of Housing Benefits schemes Executive Strategic Director (Resources)

D6. The agreement of schemes to be submitted for funding under Local Authority Social Housing Grant transitional arrangements.

Executive Strategic Director (Resources), following consultation with Cabinet members for Housing and Finance

D7. The administration of the Council’s Housing Nomination Scheme (following consultation with member(s) of the Executive where and as specified)

Executive Head of Housing, Strategic Director (Development) and Chief Executive, as specified

D8. Where there is no or little provision of one bed units on a new build shared ownership scheme which includes provision of two bed units, authority, in consultation with the Cabinet Member for Housing, to negotiate an allocations plan with the Registered Social Landlord which enables an appropriate number of single persons and couples in housing need to be considered.

Executive Strategic Director (Development)

D9. Subject to budget provision, where the Council successfully negotiates for the provision of affordable units at a discount on ‘small sites’ and where the Council considers that discount market housing would not be affordable to local people in housing need, authority to agree grant of up to £11,000 per unit to an approved Registered Social Landlord to enable the provision of such units to be let at target rent levels for social housing.

Executive Strategic Director (Development), following consultation with the Cabinet member for Housing

E PLANNING FUNCTIONS E1. Serve Breach of Condition Notices on receipt of advice of

Strategic Director (Development) Development Control Committee

Chief Executive

E2. Institute proceedings in the Magistrates' Court in respect of breaches of Listed Building Regulations and Tree Preservation Orders; non-compliance with enforcement notices, Stop Notices and Breach of Condition Notices

Development Control Committee

Chief Executive

E3. Powers of action under Section 225 of the Town and Country Planning Act 1990 relating to fly posting and/or as amended or extended by the Clean Neighbourhoods and Environment Act 2005

Development Control Committee

Strategic Director (Development)

E4. To prosecute breaches of Advertisement Regulations on receipt of advice of Strategic Director (Development).

Development Control Committee

Chief Executive

E5. To serve discontinuance notices relating to breaches of advertisement Regulations on receipt of advice of Strategic

Development Control

Chief Executive

Page 4-45 (Part 4 – May 2008)

Function Delegated by: Delegated to:

Director (Development). Committee E6. Under Section 171D of the Town and Country Planning Act

1990 to institute proceedings in respect of a contravention of the requirements of a Planning Contravention Notice.

Development Control Committee

Chief Executive

E7. Under Section 187(B) of the Town and Country Planning Act 1990 and Section 222 of the Local Government Act 1972 to seek an injunction to restrain breaches of planning control including breaches of agreements under Section 106 of the Town and Country Planning Act 1990.

Development Control Committee

Chief Executive

E8. To serve Requisitions for Information and Planning Contravention Notices under the following enactments:- (a) Section 330 of the Town and Country Planning Act 1990. (b) Section 16 of the Local Government (Miscellaneous

Provisions) Act 1976. (c) Section 89 of the Planning (Listed Buildings and

Conservation Areas) Act 1990. (d) Section 171c of the Town and Country Planning Act 1990.

Development Control Ctte

Chief Executive

E9. To institute proceedings in the Magistrates' Court for any non-return of the notices referred to in E8 (a) to (d) above.

Development Control Committee

Chief Executive

E10. To authorise named officers to enter land under the following provisions:-

Development Control Committee

Chief Executive

(a) Section 324 of the Town and Country Planning Act 1990. (b) Sections 196a and 196b of the Town and Country

Planning Act 1990. (c) Sections 214b and 214c of the Town and Country

Planning Act 1990. (d) Sections 88a and 88b of the Planning (Listed Buildings and

Conservation Areas) Act 1990.

E11. To take enforcement action and institute legal proceedings in respect of breaches of the Hedgerows Regulations 1997 on receipt of advice of Strategic Director (Development).

Development Control Committee

Chief Executive

E12. Development Control Committee

Strategic Director (Development)or, in his/her absence, Head of Planning

To determine all planning applications and applications for Advertisement Consent, Listed Building Consent, Conservation Area Consent, Certificates of Lawfulness or Prior Approval under the GPDO and to comment on proposals determined by the County Council, with the following exceptions:- (a) Those applications where the intended decision is to refuse

shall, in addition to the exceptions set out below at (b) to (n) also be subject to prior consultation with the local District Councillor(s) prior to the issue of the decision.

(b) Applications in respect of which any District Councillor requests, in writing, stating the planning reasons for referral to Committee. The request must be made prior to the final observations date (i.e. the date stated in publicity as the final date for comment).

(c) Applications for the erection of 10 or more dwellings or, if this is not known, where the site area is 0.5 hectares or more, with the exception that on sites which are located on a site allocated for residential development in the Development Plan applications may be delegated.

(d) Applications for the provision of buildings (including extensions) where the floor space to be created is 1000sq metres or more or the development is to be carried out on a site with an area of one hectare or more.

(e) Applications for the winning and working of minerals or the use of land for mineral- working deposits (a “County matter” and, therefore, not determined by this Council which has only a consultee role) shall only be commented upon following consultation with the Ward Member, and with the Chairman of the Development Control Committee

Page 4-46 (Part 4 – May 2008)

Function Delegated by: Delegated to:

and the Leader of the Council. (f) Applications for waste development (a “County matter”

and, therefore, not determined by this Council which has only a consultee role) shall only be commented upon following consultation with the Ward Member, and with the Chairman of the Development Control Committee and the Leader of the Council.

(g) Applications recommended for approval/refusal which are contrary to the provisions of the approved or draft development plan or other approved or adopted Council planning policies or Supplementary Planning Guidance.

(h) Applications submitted by or on behalf of the Council or which, in the opinion of the Strategic Director (Development) or Head of Planning, affect Council owned land and/or buildings.

(i) Applications for telecommunications masts, with the exception that additional antennae may be allowed provided that the Government’s safety guidelines are met.

(j) Applications submitted by or on behalf of a Member or employee of the Council (or their spouse/partner).

(k) Applications which involve the proposed variation or discharge of a section 106 legal agreement or a planning obligation that a) does not follow the Council’s standard models and/or b) is a legal agreement or obligation that is attached to an application that was entered into in relation to an application that was originally determined by Committee.

(l) Applications which the Strategic Director (Development), or in his/her absence the Head of Planning, considers should be referred to the appropriate Area Planning Sub-Committee for determination.

(m) Applications where the views of the Town Council or Parish Council are clearly contrary to the proposed decision and cannot be resolved by condition or negotiation, with the exception of householder development which may be delegated.

(n) Applications submitted within one year of a dismissed appeal on the site where it is intended that the application be approved

Notes regarding E12: 1) The restrictions set out in categories b-n above shall not

apply to applications for a resubmission of an extant valid planning permission or to applications where the principle of the development has already been agreed by a previous permission/consent and the new proposal contains details generally consistent with the earlier permission and planning circumstances have not changed

2) The restrictions set out in categories b-n above shall not apply to any application seeking Reserved Matters consent where the principles have previously been agreed and the details are consistent with the criteria set out in the outline permission.

3) The Strategic Director (Development) shall only exercise his delegated powers after taking into account all material planning considerations, including any written planning objections or representations which may have been received.

4) The Strategic Director (Development) shall only exercise his/her delegated powers in accordance with planning legislation, regulations and procedures under which provision may be made for reference of applications to the Secretary of State or other statutory body.

5) The Strategic Director (Development) shall only exercise

Page 4-47 (Part 4 – May 2008)

Function Delegated by: Delegated to:

his/her delegated powers following the expiry of the relevant consultation periods with the proviso that where because of the submission of the application in relation to the Committee date it is not possible to deal with an application within the statutory period then the application shall be referred to the Committee in advance of the expiry of the consultation period for Members to determine whether to delegate approval or refusal of the application to Officers.

6) The Strategic Director (Development) shall report details of all applications determined by him/her under his/her delegated powers to Members of the appropriate Area Planning Sub-Committee.

7) The restrictions set out in categories (b) to (n) above shall not apply to applications for Certificates of Lawfulness which shall remain delegated subject to the local Member(s) being first informed of the proposed decision.

E13. To determine whether the prior approval of the Local Planning Authority is required for development falling within the provisions of the Town and Country Planning (General Permitted Development) Order 1995.

Development Control Committee

Strategic Director (Development)

E14. To initiate service of Breach of Condition Notices.

Development Control Committee

Strategic Director (Development)

E15. Where recommendations on a planning application or proposal are not accepted by the Area Planning Sub-Committee, the right to withdraw the application or proposal for determination by the Development Control Committee.

Development Control Committee

Strategic Director (Development)

E16. Minor variations of conditions', minor amendments to approved plans, approvals of materials and minor landscaping proposals.

Development Control Committee

Strategic Director (Development)

E17. Authority to determine whether notice is required in accordance with S.73 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and to serve notice accordingly.

Development Control Committee

Strategic Director (Development)

E18. Development Control Committee

Strategic Director (Development)

Authority to permit: (a) any proposal to cut down, uproot, top, lop or prune a tree

subject to a Tree Preservation Order; (b) any notification to cut down, uproot, top, lop or prune a

tree within a Conservation Area.

E19. Authority to require an Environmental Statement under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999.

Development Control Committee

Strategic Director (Development)

E20. Any consultation (subject to there being no objections) by the Forestry Commission under:

Development Control Committee

Strategic Director (Development)

(a) Felling licence regulations. (b) The Forestry Grant Scheme. (c) Dedication Scheme. or such schemes and regulations as may replace or supplement the above.

E21. Applications under the Transport Act to the Licensing Authority for Goods Vehicle Operator's Licence: authority to make observations on the application to the Licensing Authority.

Development Control Committee

Strategic Director (Development) & Strategic Director (Environment)

E22. Authority to submit observations on Traffic Orders to the Highway Authority.

Development Control Committee

Strategic Director s (Development) & (Environment)

E23. Authority to determine that a particular planning application or other matter shall be referred to the Development Control Committee for decision.

Development Control Committee

Strategic Director (Development)

Page 4-48 (Part 4 – May 2008)

Function Delegated by: Delegated to:

E24. In exceptional circumstances to report an application to the Sub-Committee prior to the expiration of the consultation period.

Development Control Committee

Strategic Director (Development)

E25. Authority to determine applications for grant aid for tree planting schemes.

Development Control Committee

Strategic Director (Development)

E26. To authorise offers of grant for willow pollarding.

Development Control Committee

Strategic Director (Development)

E27. To authorise offers of grant for landscape conservation works.

Development Control Committee

Strategic Director (Development)

E28. Authority to approve the tree grant aid arrangements with the Countryside Commission in consultation with the Strategic Director (Resources).

Development Control Committee

Strategic Director (Development)

E29. To determine Hedgerow Removal Notices and ancillary matters.

Development Control Committee

Strategic Director (Development)

E30. Authority to approve offers of grant under the Grant Aid for Historic Buildings and Areas Scheme after consultation with the executive.

Executive Strategic Director (Development)

E31. Authority to confirm unopposed Tree Preservation Orders

Development Control Committee

Strategic Director (Development)

E32. Development Control Committee

Strategic Director (Development)

In cases of urgency the following matters:

Article IV Directions Listed Building Enforcement Notices Stop Notices Tree Preservation Orders Building Preservation Orders

E33. Authority to deal with complaints about High Hedges under Part 8 of the Anti-Social Behaviour Act 2003.

Development Control Committee

Strategic Director (Development) or, in his/her absence, Head of Planning

E34. To serve Enforcement Notices following prior consultation with the local Member(s).

Development Control Committee

Strategic Director (Development) or, in his/her absence, Head of Planning

E35. To withdraw Enforcement notices when they have clearly been complied with and it is no longer possible for breaches to occur.

Development Control Committee

Strategic Director (Development) or, in his/her absence, Head of Planning

E36. To determine, following prior consultation with the local Member(s), that no further action is required in respect of a breach of planning control which could have been dealt with under delegated powers through the grant of a planning permission had an application been submitted.

Development Control Committee

Strategic Director (Development) or, in his/her absence, Head of Planning

E37. The power to withdraw Article 4 Directions where they are clearly no longer relevant e.g. where the site has been redeveloped.

Development Control Committee

Strategic Director (Development) or, in his/her absence, Head of Planning

F ENVIRONMENTAL FUNCTIONS F1. Authority to carry out of work in default of an owner or

occupier failing to comply with any notice requiring the carrying out of such work.

Council/ Executive/ Committee as appropriate

Strategic Director (Environment)

F2. Authority to requisition information as to the ownership or occupation of premises pursuant to Section 16 of the Local Government (Miscellaneous Provisions) Act 1976

Executive Strategic Director (Environment)

Page 4-49 (Part 4 – May 2008)

Function Delegated by: Delegated to:

F3. Authority to carry out enforcement in relation to the following

sections of the Clean Neighbourhoods and Environment Act 2005:

Section 18, in respect of the offence of dropping litter to include dropping litter anywhere.

Section 27 - the inclusion of cigarette butts and chewing gum for enforcement purposes.

Section 33 in respect of fly-posting to include those who are responsible or benefit.

Sections 35 and 40 - removing the statutory defence of acting under one’s employer’s instruction.

Executive Strategic Director (Environment)

F4. Authority to approve: (a) Plans of new furnaces pursuant to Section 4 of the Clean

Air Act 1993; (b) Applications pursuant to Section 15 of the Clean Air Act

1993 in relation to the height of chimneys; and (c) Plans pursuant to Section 16 of the Clean Air Act 1993.

Executive Strategic Director (Environment)

F5. Authority to: (a) serve Abatement Notices pursuant to Section 80 of the

Environmental Protection Act 1990 and/or as amended or extended by the Clean Neighbourhoods and Environment Act 2005; and

(b) undertake works in default of non-compliance with the requirements of any notice served under Section 80 of the Environmental Protection Act 1990 and/or as amended or extended by the Clean Neighbourhoods and Environment Act 2005

Executive Strategic Director (Environment)

F6. Authority to institute legal proceedings in respect of non-compliance with Notices served pursuant to Section 80 of the Environmental Protection Act 1990 and/or as amended or extended by the Clean Neighbourhoods and Environment Act 2005.

Executive Strategic Director (Environment)

F7. Authority to serve notice under Section 60 and to grant consents (with or without conditions) under Section 61 of the Control of Pollution Act, 1974.

Executive Strategic Director (Environment)

F8. Authority to institute legal proceedings in respect of contraventions of the Crop Residues (Burning) Regulations 1993.

Executive Strategic Director (Environment)

F9. Authority to assess the competence of named Officers of the Council’s out of hours service contractor and to authorise those as are adjudged to be competent as appropriate:

Executive Strategic Director (Environment)

(a) to enter premises in accordance with section 91 of the Control of Pollution Act 1974 and Schedule 3 of the Environmental Protection Act 1990;

(b) to serve Notices pursuant to Section 60 of the Control of Pollution Act 1974 and Abatement Notices pursuant to Sections 80 and 80A of the Environmental Protection Act 1990;

(c) to undertake works in default pursuant to Section 81(3) of the Environmental Protection Act 1990;

(d) to enter premises in accordance with Section 77 of the Clean Neighbourhoods and Environment Act 2005; and

(e) to silence alarms pursuant to Section 79 of the Clean Neighbourhoods and Environment Act 2005.

F10. Authority to appoint suitably qualified persons to be authorised officers pursuant to section 5 of the Food Safety Act 1990 and to grant the powers contained in: (a) Sections 9, 10, 12, 29, 30 and 32 of the 1990 Act;

Executive Strategic Director (Environment)

Page 4-50 (Part 4 – May 2008)

Function Delegated by: Delegated to:

(b) Orders and Regulations made under the 1990 Act; (c) Orders and Regulations made under the European

Communities Act 1972 as amended, revoked and remade from time to time.

F11. Authority in consultation with the Chief Executive to institute legal proceedings in respect of contraventions of the provisions of the Food Safety Act 1990, regulations made thereunder, and orders and regulations made under the European Communities Act 1972.

Executive Strategic Director (Environment)

F12. The approval and revocation of approval of establishments pursuant to the: (a) Egg Products Regulations 1993; (b) Meat Products (Hygiene) Regulations 1994; (c) Dairy Products (Hygiene) Regulations 1995; (d) Fresh Meat (Hygiene & Inspection) Regulations 1995; (e) Minced Meat & Meat Preparations (Hygiene) Regulations

1995; (f) Food Safety (Fishery Products & Live Shellfish) (Hygiene)

Regulations 1998; and (g) Poultry Meat, Farmed Game Bird Meat & Rabbit Meat

(Hygiene & Inspection) Regulations 1995.

Miscellaneous Licensing Sub-Committee

Strategic Director (Environment)

F13. Authority to register premises under the Food Safety Act, 1990 and regulations made thereunder.

Miscellaneous Licensing Sub-Committee

Strategic Director (Environment)

F14. Authority to issue health certificates in respect of the export of food to third countries.

Executive Strategic Director (Environment)

F15. Authority to confirm or withdraw recognition of Natural Mineral Water under the Natural Spring Water, Mineral Water and Bottled Drinking Water Regulations 1999

Executive Strategic Director (Environment)

F16. Authority to authorise any person to accompany an Inspector pursuant to Section 20(1)(c) of the Health and Safety at Work etc. Act 1974.

Audit and General Purposes Committee

Strategic Director (Environment)

F17. Authority to appoint suitably qualified persons as Inspectors pursuant to Section 19 of the Health and Safety at Work etc. Act 1974 and to grant the powers contained in: (a) Sections 20, 21, 22, 23, 25and 39 of the 1974 Act; (b) Any health & safety regulation; (c) The provisions of the Acts mentioned in Schedule 1 to the

1974 Act that are specified in the 3rd column of that Schedule and of the regulations, orders or other instruments of a legislative character made or having effect under any provision so specified, as in force from time to time; and

(d) To institute proceedings pursuant to section 38 of the 1974 Act.

Audit and General Purposes Committee

Strategic Director (Environment)

F18. Authority to issue "Exemption Certificates" under Section 46, Offices, Shops and Railway Premises Act, 1963.

Audit and General Purposes Committee

Strategic Director (Environment)

F19. Authority to allow a period of notice less than 28 days under Regulation 5(1) of the Asbestos (Licensing) Regulations 1983 and to allow a period of notice less than 14 days under Regulation 8(2) Control of Asbestos at Work Regulations 2002

Audit and General Purposes Committee

Strategic Director (Environment)

F20. Authority to agree the assignment of responsibility for enforcement pursuant to Regulation 6 of the Health and Safety (Enforcing Authority) Regulations 1998.

Audit and General Purposes Committee

Strategic Director (Environment)

F21. Executive Strategic Director (Environment)

Authority to approve or refuse discretionary grants pursuant to the Council's Housing Renewal Policy in consultation with the Cabinet Member for Environment.

F22. Authority to approve mandatory Disabled Facilities Grants. Executive Strategic Director (Environment)

Page 4-51 (Part 4 – May 2008)

Function Delegated by: Delegated to:

F23. Authority with respect to the Housing Act 2004 to:

(a) Serve or decide not to serve a Temporary Exemption Notice under Section 62;

(b) Grant a Licence under Section 64; (c) Vary a Licence under Section 69.

Executive Strategic Director (Environment)

F24. Authority with respect to the Housing Act 1985 to: (a) Serve notice of intention to cleanse premises prior to

demolition and to permit demolition to proceed thereafter under Section 273;

(b) Requisition information under Section 335; (c) Grant a Licence to Overcrowd under Section 330; and (d) Serve a Notice to abate Overcrowding under Section 338.

Executive Strategic Director (Environment), following consultation with the Cabinet Member for Environmental Health

F25. Authority with respect to the Housing Act 1985 to: (a) Make Demolition Orders under Section 265; (b) Serve notice of determination and to revoke Demolition

Orders pursuant to Section 274; and (c) Substitute a Prohibition Order made under Section 20 or

21 of the Housing Act 2004 for a Demolition Order, under Section 275.

Executive Strategic Director (Environment) following consultation with the Cabinet Member for Environmental Health

F26. Authority to serve notice and take action pursuant to Section 76 of the Building Act 1984

Executive Strategic Director (Environment)

F27. Authority to take urgent action under the Public Health (Infectious Diseases) Regulations, 1988.

Executive Strategic Director (Environment)

F28. Authority to exercise the powers of the Council contained in: (a) Public Health (Control of Disease) Act 1984 (b) Public Health (Infectious Diseases) Regulations 1988 (c) Public Health Act 1936 (sections 84 and 85) (d) Canal Boat Regulations 1878 (e) Public Health (Prevention of Tuberculosis) Regulations 1925 (f) Milk and Dairies (General) Regulations 1959

Executive Strategic Director (Environment)

F29. Authority to act as Proper Officer in respect of any reference to the Medical Officer of Health in the National Assistance Act 1948, section 47 and the National Assistance Act 1951, section 1

Executive Proper Officer

F30. Authority to act as Proper Officer for the purposes of and to exercise the powers and duties contained in: (a) Public Health (Control of Disease) Act 1984 (sections 11,

18, 20, 21, 22, 24, 29, 31, 32, 36, 40, 42, 43, 48 and 59) (b) Public Health (Infectious Diseases) Regulations 1988

(regulations 6, 8, 10; schedule 3 para 3; schedule 4 para 3) (c) Public Health Act 1936 (sections 84 and 85)

Executive Proper Officer (Medical) or one of the alternates if unable to act

F31. Authority to act as authorised officer for the purposes of and to exercise the power of entry contained in section 61 of the Public Health (Control of Disease) Act 1984.

Executive Proper Officer (Medical) or one of the alternates if unable to act

Page 4-52 (Part 4 – May 2008)

Function Delegated by: Delegated to:

F32. To act as Proper Officer in respect of any reference in any enactment passed before or during the 1971-72 Session of Parliament, other than the Local Government Act 1972, or in an instrument made before 26 October 1972, to the Medical Officer of Health, which is deemed by paragraph 4 of Schedule 29 of the 1972 Act to be a reference to the proper officer.

(Without limiting the generality of the foregoing, where reference is deemed to be made in the following enactments and instruments to the proper officer, it shall be construed as a reference to the Proper Officer (Medical):

Public Health Act 1936, sections 84 and 85; Canal Boat Regulations 1878, regulation 13; Public Health (Prevention of Tuberculosis) Regulations 1925, regulation 5; and Milk and Diaries (General) Regulations 1959, regulations 18, 19 and 20)

Executive Proper Officer (Medical) or one of the alternates if unable to act

F33. Authority to serve notice pursuant to Section 83 of the Public Health Act 1936.

Executive Strategic Director (Environment)

F34. Executive / Audit and General Purposes Committee as appropriate

Strategic Director (Environment)

Authority to serve notice pursuant to: (a) Sections 45 and 50 of the Public Health Act 1936; (b) Section 17 of the Public Health Act 1961; (c) Sections 59 and 84 of the Building Act 1984; (d) Section 35 of the Local Government (Miscellaneous

Provisions) Act 1976; (e) Section 46 Environmental Protection Act 1990.

F35. Authority to take such action as may be necessary to secure unoccupied properties against unauthorised entry under Section 29 of the Local Government (Miscellaneous Provisions) Act 1982.

Executive Strategic Director (Environment)

F36. Authority to serve notices under Section 4 of the Prevention of Damage by Pests Act, 1949.

Executive Strategic Director (Environment)

F37. Authority to deal with stray dogs in accordance with the Environmental Protection Act, 1990 and to recover Fees and Charges due for the retrieval of dogs by owners and/or as amended or extended by the Clean Neighbourhoods and Environment Act 2005.

Executive Strategic Director (Environment)

F38. With the agreement of the Chief Executive authority to institute proceedings for offences under Byelaws in respect of dogs.

Executive Strategic Director (Environment)

F39. Authority to serve notice pursuant to Section 80 of the Water Industry Act 1991 and to grant relaxations from part II of the Private Water Supplies Regulations 1991 pursuant to Regulation 4.

Executive Strategic Director (Environment)

F40. Authority to authorise officers to examine drains pursuant to Section 48 of the Public Health Act 1936.

Executive Strategic Director (Environment)

F41. Authority to:-

(a) make directions in accordance with Section 77 of the Criminal Justice and Public Order Act 1994; and

(b) make application to the Magistrates Court in accordance with Section 78 of the Act to secure compliance with such directions.

Executive Strategic Director (Environment)

F42. Authority to serve notices to require the provision of public conveniences in places of public entertainment under Local Government (Miscellaneous Provisions) Act 1976

Audit and General Purposes Committee

Strategic Director (Environment)

F43. Authority to determine daily fee structures, to determine appropriate geographical restrictions for stallholders, to apply for road closures or to enter into contracts in relation to Farmers Markets

Executive Strategic Director (Development)

F44. Authority to register shops pursuant to Schedule 1 of the Sunday Trading Act 1994.

Executive Strategic Director (Environment)

F45. Authority to institute legal proceedings in respect of breaches of schedules 1 and 3 and Part II of Schedule 2 of the Sunday

Executive Chief Executive

Page 4-53 (Part 4 – May 2008)

Function Delegated by: Delegated to:

Trading Act 1994. F46. Authority to take suitable action to deal with emergency

situations on Waste Collection and Recycling matters. Executive Strategic Director

(Environment) F47. Authority to implement the Council’s Policy in respect of the

use of Wheeled Bins. Executive Strategic Director

(Environment) F48. Authority to approve the collection of refuse from properties

situated along private drives provided the Strategic Director (Environment) is satisfied there is no risk of damage to collection vehicles or to property.

Executive Strategic Director (Environment)

F49. Authority to serve Statutory Notices relating to provision and use of dustbins

Executive Strategic Director (Environment)

F50. Authority to determine commercial waste collection charges within a scheme approved by the Council.

Executive Strategic Director (Environment)

F51. Authority to waive bulky waste collection charges where, in the Director’s opinion, not to do so would result in financial hardship.

Executive Strategic Director (Environment)

F52. Authority to approve a "back door" collection of refuse from individual occupiers in the case of old-age or infirmity.

Executive Strategic Director (Environment)

F53. Authority to register persons under Section 1 of the Scrap Metal Dealers Act, 1964.

Audit and General Purposes Committee

Strategic Director (Environment)

F54. Authority to discharge the Council's functions under the Refuse Disposal (Amenity) Act 1978 relating to the removal of abandoned vehicles and/or as amended or extended by the Clean Neighbourhoods and Environment Act 2005.

Executive Strategic Director (Environment)

F55. Authority to approve the adoption of names for new streets having sought agreement for the proposed name from both the Town or Parish Council and the developer.

Executive Strategic Director (Environment)

F56. Issue of renumbering notices after agreement has been reached with all interested parties.

Executive Strategic Director (Environment)

F57. Authority to serve notice and carry out works in default in respect of Section 92 and 93 of the Environmental Protection Act 1990 relating to Street Litter Control Notice and Litter Abatement Notices and/or as amended or extended by the Clean Neighbourhoods and Environment Act 2005

Executive Strategic Director (Environment)

F58. Authority to take action under section 59 of Environmental Protection Act 1990 in respect of unlawful deposition of waste and/or as amended or extended by the Clean Neighbourhoods and Environment Act 2005

Executive Strategic Director (Environment)

F59. Authority to make arrangements for the removal of litter from private land where deemed necessary on an ad-hoc basis without ongoing commitment to any location.

Executive Strategic Director (Environment)

F60. Authority to approve new street layouts and designs and to determine the amount to be deposited or secured by way of Bond.

Executive Strategic Director (Environment)

F61. Authority to authorise the use of car parks by organisations for the purpose of exhibitions and similar purposes (commercial lettings are not permitted).

Executive Strategic Director (Environment)

F62. Authority to determine future applications to use Alvescot Road Car Park to hold a Christmas Fayre in Carterton, after consultation with local Members.

Executive Strategic Director (Environment)

F63. Authority to operate the Council’s Car Park Management Scheme, including arrangements for the issuing, cancellation and waiver of fixed penalty notices

Executive Strategic Director (Environment)

F64. Authority to institute legal proceedings in respect of:- Executive Chief Executive

(a) any breach of off-street car parking regulations in force in any of the District Council’s car parks; and

(b) for any failure to comply with the requirement of Section 112 of the Road Traffic Regulation Act 1984.

(c) for any failure to pay a fixed penalty notice

Page 4-54 (Part 4 – May 2008)

Function Delegated by: Delegated to:

F65. Authority to sign all notices and documents relating to the Advance Payment Code and Section 38 Agreements under the Highways Act 1980.

Executive Strategic Director (Environment)

F66. Authority to issue “Advanced Payments Code” notices under Sections 219-220 of the Highways Act 1980

Executive Strategic Director (Environment)

F67. Authority to serve notices under Section 25 of the Land Drainage Act 1991

Executive Strategic Director (Environment)

F68. Dangerous Trees: To act as necessary in accordance with Section 23 of the Local Government (Miscellaneous Provisions) Act, 1976, to deal with dangerous trees.

Executive Strategic Director (Environment)

F69. Authority to carry out the powers of the Council in relation to the Clean Neighbourhoods and Environment Act 2005 Part 6 Sections 55, 59 60, 61 & 64 in respect of controls on dogs.

Executive Strategic Director (Environment)

F70. Authority to authorise officers to enter premises pursuant to: (a) Section 287 of the Public Health Act 1936; (b) Section 22 of the Prevention of Damage by Pests Act

1949; (c) Section 91 of the Control of Pollution Act 1974; (d) Section 17 and paragraph 1 to Schedule 1 of the Local

Government (Miscellaneous Provisions) Act 1976; (e) Sections 50 and 61 of the Public Health (Control of

Disease) Act 1984; (f) Section 95 of the Building Act 1984; (g) Paragraph 2 to Schedule 3 of the Environmental

Protection Act 1990; (h) Section 84 of the Water Industry Act 1991; (i) Section 56 of the Clean Air Act 1993; (j) Paragraph 3 to Schedule 2 of the Sunday Trading Act

1994; and (k) Section 77 of the Clean Neighbourhoods and

Environment Act 2005. Authority to authorise officers to silence alarms pursuant to Section 79 of the Clean Neighbourhoods and Environment Act 2005.

Authority to appoint inspectors pursuant to section 3 of the Christmas Day (Trading) Act 2004 and to grant them the powers at (j) above for the purposes of the 2004 Act.

Executive Strategic Director (Environment)

F71. Authority to authorise officers to seize noise emitting equipment pursuant to section 81(3) of the Environmental Protection Act 1990.

Executive Strategic Director (Environment)

F72. Authority to authorise officers to enter premises for the purposes (survey, examination, valuation and measurement) specified in: (a) Sections 260, 319, 337, 340 and 600 of the Housing Act

1985; and (b) Section 97 of the Local Government & Housing Act 1989 And to grant the powers contained in: (c) Section 336 of the Housing Act 1985.

Executive Strategic Director (Environment) following consultation with the Cabinet Member for Environmental Health

F73. Authority to appoint suitable persons to be authorised officers pursuant to and to grant the powers contained in Sections 108(4) and 109 of the Environment Act 1995.

Executive Strategic Director (Environment)

F74. Authority to exercise the powers of the Council contained in the Pollution Prevention & Control (England & Wales) Regulations 2000 (as may be amended)

Executive Strategic Director (Environment)

F75. Authority to make arrangements for the restoration or continued supply of services to dwellings pursuant to Section 33 of the Local Government (Miscellaneous Provisions) Act 1976 and to recover any sums paid by the Council.

Executive Strategic Director (Environment)

F76. Authority to institute proceedings in respect of offences Executive Strategic Director

Page 4-55 (Part 4 – May 2008)

Function Delegated by: Delegated to:

pursuant to Section 5 of the Prevention of Damage by Pests Act 1949.

(Environment)

F77. Authority to authorise officers to enter premises pursuant to Section 17 of the Local Government (Miscellaneous Provisions) Act 1982

Executive Strategic Director (Environment)

F78. Authority to authorise officers and veterinary surgeons or practitioners to enter premises pursuant to: (a) Section 4 of the Pet Animals Act 1951. (b) Section 2 of the Animal Boarding Establishments Act

1963. (c) Section 2 of the Riding Establishments Act 1964. (d) Section 2 of the Breeding of Dogs Act 1973.

Executive Strategic Director (Environment)

F79. Authority to authorise veterinary surgeons or practitioners or any other person deemed competent, to enter premises pursuant to Section 3 of the Dangerous Wild Animals Act 1970 and to seize and dispose of animals pursuant to Section 4 of that Act.

Executive Strategic Director (Environment)

F80. Authority to authorise veterinary surgeons or practitioners and competent persons to undertake inspections pursuant to Sections 9A, 10 and 11 of the Zoo Licensing Act 1981.

Executive Strategic Director (Environment)

F81. Authority to authorise persons to enter premises for the purposes of Section 16G of the Zoo Licensing Act 1981.

Executive Strategic Director (Environment)

F82. Authority to authorise officers to enter premises pursuant to Section 26 of the Caravan Sites and Control of Development Act 1960.

Executive Strategic Director (Environment)

F83. Authority to authorise officers to enter premises pursuant to Section 6 of the Scrap Metal Dealers Act 1964.

Executive Strategic Director (Environment)

F84. Authority to carry out the powers of the Council in relation to the Clean Neighbourhoods and Environment Act 2005

Executive Strategic Director (Environment)

F85. Authority to carry out the powers of the Council as contained in the

(a) Environmental Protection Act 1990 (b) Refuse Disposal (Amenity) Act 1978 (c) The Environment Act 1995 (d) Road Traffic Regulation Act 1984 (e) Anti-social Behaviour Act 2003

and/or as amended or extended by the Clean Neighbourhoods and Environment Act 2005

Executive Strategic Director (Environment)

F86. Authority with respect to the Housing Act 2004 to: (a) Serve an Improvement Notice under Sections 11 or 12; (b) Suspend an Improvement Notice under Section 14; (c) Revoke or vary an Improvement Notice under Section 16; (d) Make a Prohibition Order under Sections 20 or 21; (e) Suspend a Prohibition Order under Section 23; (f) Revoke or vary a Prohibition Order under Section 25; (g) Serve a Hazard Awareness Notice under Sections 28 or

29; (h) Take Emergency Remedial Action under Section 40; (i) Serve a Notice of Emergency Remedial Action under

Section 41; (j) Make an Emergency Prohibition Order under Section 43; (k) Serve an Overcrowding Notice under Section 139; (l) Revoke or vary an Overcrowding Notice under Section

144; (m) Take enforcement action under Schedule 3.

Executive Strategic Director (Environment) following consultation with the Cabinet Member for Environmental Health

Page 4-56 (Part 4 – May 2008)

Function Delegated by: Delegated to:

F87. Authority with respect to the Housing Act 2004 to authorise officers: (a) to enter premises to carry out work under section 131,

paragraph 3(4) of Schedule 3, paragraph 25 of Schedule 7; (b) to require the production of documents under section 235;

and (c) to enter premises for the purposes of survey and

examination under Section 239.

Executive Strategic Director (Environment) following consultation with the Cabinet Member for Environmental Health

F88. Authority to institute legal proceedings in respect of contraventions of the provisions of the Housing Act 1985, the Local Government and Housing Act 1989 and the Housing Act 2004, except for Part 5.

Executive Strategic Director (Environment) following consultation with the Cabinet Member for Environmental Health

F89. In relation to smoke free premises, places and vehicles, the authority (i) to exercise the Council’s powers and duties to enforce the provisions of Chapter 1 of the Health Act 2006 and regulations made under it in accordance with Section 10(3) of the Act; and (ii) to appoint suitable persons to act as authorised officers in accordance with section 10(5) of, and paragraph 1 of schedule 2 to, the Health Act 2006

Audit and General Purposes Committee

Strategic Director (Environment)

F90. Authority to exercise the powers of the Council contained in Sections 6(5), 7(4) and 8(4) of the Health Act 2006 and the Smoke Free (Premises and Enforcement) Regulations 2006, and to appoint suitable persons to be authorised officers having the powers contained therein

Audit and General Purposes Committee

Strategic Director (Environment)

F91. Authority to appoint suitable persons to have and exercise the powers contained in sections132(2), 143 and 152 of the Highways Act 1980 in relation to the removal of unauthorised signs.

Executive Strategic Director (Environment)

F92. Authority to appoint suitable persons to have and exercise the powers contained in section 149 of the Highways Act 1980 in relation to the removal of unauthorised signs.

Audit and General Purposes Committee

Strategic Director (Environment)

G BUILDING CONTROL FUNCTIONS G1. Authority to institute proceedings in respect of contraventions

of Building Act 1984 and regulations made thereunder. Executive Strategic Director

(Development) G2. Authority to take action under Section 78 of the Building Act,

1984. (Emergency powers with regard to dangerous structures) Executive Strategic Director

(Development) G3. Authority to sign any notice, order, consent, demand or other

document that the District Council is authorised or required to give, make or issue by or under the Building Act, 1984.

Executive Strategic Director (Development)

G4. Authority to discharge the Council's functions conferred by Sections 80, 81, 82 and 83 of the Building Act 1984.

Executive Strategic Director (Development)

G5. Authority to consider applications under the Building Regulations and to approve or to approve subject to conditions or reject the application as appropriate.

Executive Strategic Director (Development)

G6. Authority to issue and sign notices under Section 32 of the Building Act, 1984 (Deposit of plans to be of no effect after certain intervals).

Executive Strategic Director (Development)

G7. Authority in respect of individual applications to relax and/or dispense with the application of Building Regulations.

Executive Strategic Director (Development)

G8. Authority to serve Requisitions for Information pursuant to the provisions of Section 16 of the Local Government (miscellaneous Provisions) Act 1976, in relation to the functions of the Council’s Building Control Service

Executive Strategic Director (Development)

G9. Authority to vary the charges approved under the Building (Local Authority Charges) Regulations 1998 by plus or minus 10% of the advised level

Executive Strategic Director (Development)

Page 4-57 (Part 4 – May 2008)

Function Delegated by: Delegated to:

H LEISURE AND TOURISM FUNCTIONS H1. Authority to approve, after consultation with the Executive,

grants in accordance with the Council's Playground Grants Scheme subject to the referral of proposed refusals and disputes to the executive.

Executive Strategic Director (Development)

H2. Authority to approve, after consultation with the Executive, applications for Sport and Recreation Grants valued at less than £1,000 and for all Coaching Development Grants in accordance with the adopted criteria, proposed refusals being referred to the executive for determination.

Executive Strategic Director (Development)

H3. Authority to approve grants in accordance with the Council’s Holiday Play Scheme after consultation with the executive.

Executive Strategic Director (Development)

H4. Authority to consider and comment upon applications for Grants from the National Lottery Boards.

Executive Strategic Director (Development)

H5. Authority in consultation with the Strategic Director (Development) to approve variations in charges and charges for ad hoc activities, such variations and charges to be consistent with the general charging policy set by the Council.

Executive Strategic Director (Resources)

H6. Authority to agree landscaping structures or statuary to be maintained in the public highway by the Council where it forms an appropriate part of the development proposals for an area.

Executive Strategic Director (Environment)

H7. To agree details and arrangements for allowing Parish Councils to carry out landscape maintenance works to District Council land provided that this is of a minor nature and does not result in significant extra costs for work in the same general area.

Executive Strategic Director (Environment)

H8. Authority to respond to Stage One Lottery Applications on the basis of the criteria approved by Council on 1st March 2000.¬

Executive Strategic Director (Development)

H9. Authority, in consultation with the executive, to administer and approve Heritage Support Grants within the criteria and budget set for the purpose.

Executive Strategic Director (Development)

H10. Authority to approve the fixture list for Standlake Arena, subject to no increase in the number of events proposed and no complaints being received about events in the preceding year

Executive Strategic Director (Development)

I STAFFING FUNCTIONS

I1. Authority to appoint staff to posts on the approved establishment, with the exceptions listed in the Officer Employment Procedure Rules.

Human Resources Committee

Chief Executive & Relevant Director

I2. Authority to draw up Job Descriptions and Person Specifications for vacant Director and/or Monitoring Officer posts, to advertise them with a view to filling the post, and to conduct initial interviews and produce a shortlist of not less than three candidates for each post.

Human Resources Committee

Chief Executive & Relevant Director

I3. Authority to the Chief Executive (and to other Directors subject to prior consultation with the Chief Executive) to engage temporary staff whenever this is essential to maintain the Council's administration.

Human Resources Committee

Chief Executive & Relevant Director

I4. Authority to approve applications for post entry training from officers on PO1-4 and below.

Human Resources Committee

Chief Executive & Relevant Director

I5. Employees: -To implement all agreements of the National negotiating bodies.

Human Resources Committee

Chief Executive

I6. Car Lease Scheme:- To implement the Council's Car Leasing Scheme.

Human Resources Committee

Strategic Director (Resources)

I7. The award in consultation with the Head of Human Resources of accelerated increments within the established grade for any post.

Human Resources Committee

Chief Executive & Relevant Director

I8. The withholding of increments for any post due to unsatisfactory performance

Human Resources Committee

Chief Executive & Relevant Director

Page 4-58 (Part 4 – May 2008)

Function Delegated by: Delegated to:

I9. To negotiate and introduce a locally based scheme of remuneration for any of the Council’s Direct Service Organisations in consultation with the relevant Director.

Human Resources Committee

Chief Executive

I10. Authority to grant ex-gratia payments to employees who have accidentally damaged or suffered a loss of personal property etc., in the normal course of their duties provided that the nature of the damage or loss is such that the Strategic Director (Resources) advises that it cannot be dealt with under the Council's insurance and that payment does not exceed £100 in any one case.

Human Resources Committee

All Directors

I11. Authority to pay honoraria to staff undertaking additional duties in accordance with the guidelines for honoraria, providing (a) any payments are reported to Human Resources Committee for information and (b) that there is prior consultation with the Chairman of the Committee or, in his/her absence, the Vice Chairman.

Human Resources Committee

Chief Executive & Relevant Director

I12. Authority to pay acting up allowances to in accordance with the guidelines for acting up allowances, providing (a) any payments are reported to Human Resources Committee for information and (b) the post being acted up into is at a lower level than Director.

Human Resources Committee

Chief Executive & Relevant Director

I13. Authority to administer the Council’s Shared Equity Housing scheme for employees and to decide, following consultation with the Chairman of the Human Resources Committee, in which cases it should be offered and the terms to be offered.

Human Resources Committee

Chief Executive

I14. Authority, in exceptional cases, to extend the period for which a member of staff may receive sick pay.

Human Resources Committee

Chief Executive & Relevant Director

I15. Assisted Car and Motor Cycle Purchase Scheme: To make loans to relevant employees in consultation with the appropriate Director.

Human Resources Committee

Strategic Director (Resources)

I16. Assisted Cycle Purchase Scheme: To make loans to relevant employees in consultation with the appropriate Director.

Human Resources Committee

Strategic Director (Resources)

I17. Relocation Scheme: Authorisation of payments under the Council’s scheme for relocation allowances.

Human Resources Committee

Chief Executive & Relevant Director


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