Planning Development Control Committee

Terms of Reference

1. Authorisation

1.1 The powers and duties of the Authority set out below shall be executed and performed by, and are hereby delegated to the Planning Development Control Committee of the Authority until such time as this delegation shall be revoked or amended by resolution of the Authority.

1.2 The Committee shall at all times be constituted and act in conformity with the Standing Orders of the Authority.

2. Powers, Duties or Functions Delegated to the Committee

2.1 All powers, duties and functions of the Authority as contained, mentioned or referred to in the statutory provisions from time to time in force governing the exercise of those powers, duties and functions which are described generally and specifically in the Terms of Reference of the Committee.

2.2 However, if the Committee is unwilling to approve an application made on behalf of the Authority, or wishes to impose conditions which are unacceptable to the Authority, the application shall be submitted to a meeting of the Authority for determination. The Director of Strategy and Planning shall prepare a report for the meeting.

3. Terms of Reference and Functions of the Committee

3.1 To determine all matters and applications for planning permission, lawful development certificates, footpath and bridleway creation, stopping up and diversion orders, advertisement consents, listed building consents, conservation area consents, tree work orders and hazardous substances consents under the Town and Country Planning Act 1990; the Planning (Listed Buildings and Conservation Areas) Act 1990; the Planning (Hazardous Substances) Act 1990; the Planning and Compulsory Purchase Act 2004, the Town and Country Planning General Regulations 1992, the Habitat Regulations 1984 and any related or amended statutes, including the determination of any application involving a departure from the development plan.

3.2 To take appropriate decisions on breaches of planning control including the service of Enforcement Notices, Breach of Condition Notices, Stop Notices, Temporary Stop Notices and Injunctions under the Town and Country Planning Act 1990 and in respect of any contraventions under the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Hazardous Substances) Act 1990, the Planning Compulsory Purchase Act 2004 and any related or amended statutes.

3.3 To serve Section 215 Notices (proper maintenance of land) under the Town and Country Planning Act 1990.

3.4 To determine applications for Certificates of Appropriate Alternative Development under the Land Compensation Act 1961.

3.5 To authorise the preparation of planning obligations under Section 106 of the Town and Country Planning Act 1990.

3.6 To undertake all functions relating to the protection of important hedgerows under The Hedgerows Regulations 1997.

3.7 To authorise the requisition of information as to interests in land in connection with all functions delegated to the Committee.

3.8 To respond as consultees on issues relating to the:

(a) protection of the rights of public use of highways.
(b) maintenance and review of the definitive map and statement of footpaths and bridleways.
(c) reclassification of roads used as public paths.
(d) limestone pavement orders.

3.9 Subject to compliance with any provisions within legislation and the Authority’s Standing Orders, to delegate any of the functions of the Committee to an officer of the Authority.

3.10 To appoint such Sub-Committees or Panels as it deems necessary for the proper performance of its duties.

3.11 To make recommendations to the Authority on fees and charges within the Committee’s area of responsibility.