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Waverley Borough Council Committee System - Committee Document

Meeting of the Council held on 11/12/2007
Responsibility for Functions



Part 3

Responsibility for Functions

Responsibility for Functions
-PART 3 : Responsibility for Functions

Introduction

Responsibilities for undertaking the functions of the Council as a local authority are either reserved to the full Council (that is, the whole group of 57 members of the authority as a decision making body), or allocated to the Executive or to other Committees of the Council.

Determination of the Council’s policy framework and budget, and other constitutional and quasi-legislative functions will remain the responsibility of the full Council.

Where functions exercised involve determining an application from a person for a licence, an approval, a consent, etc., or enforcement actions associated with such functions, they will not be the responsibility of the Executive but will be carried out by Regulatory Committees. Some functions are allocated to the statutory Committees of the Council, that is, those that are required by law to fulfil particular functions, for example, the Licensing and Regulatory Committee and its Sub-Committees.

All other functions not specified as the responsibility of the Council or of particular Committees are the responsibility of the Executive.

Delegation of responsibilities to the Chief Executive, Directors, and other officers of the Council will remain as before except that where there is a need for officer consultation with members (for reasons of urgency or any other reason) on any matters the responsibility of the Area Planning or Licensing Committees, consultation will be with the Chairman and Vice-Chairman of the listed Committee and not with the Leader of the Council. In the event that urgent consultation is required and the relevant Committee Chairman or Vice-Chairman is unavailable or barred from consultation by a personal interest, consultation will be with the Mayor or Deputy Mayor.


A. RESPONSIBILITY FOR LOCAL CHOICE FUNCTIONS

[N.B. There are policy formulation and regulatory aspects to all functions set out in the table below which would involve consideration by the Executive or Regulatory Committees where appropriate].

Function
Decision making body
Membership
Delegation of functions
Determination of an appeal against any decision made by or on behalf of the authority






Best Value Reviews










Contaminated Land functions


Control of pollution or the management of air quality

Service of abatement notices


Inspection, investigation of complaints, and prevention of statutory nuisances

Requisitions for Information S.16 Local Government (Miscellaneous Provisions) Act
1976

Requisitions for Information S.330 Town and Country Planning Act

Appointments to outside bodies for members and officers
Appeals Panel










The Executive











Only those elements which are regulatory in nature to be identified later.
Matters relating to expenditure stay with the Executive

















Joint Planning Committee


Council, on the recommendation of the Executive
4 members of the Appeals Panel other than any such member who has taken part in the decision the subject of the appeal


Executive members










15 Members of the “extended”
Licensing and Regulatory Committee

























Council Members
No delegation










Delegation to the Chief Executive of matters of process and conduct of reviews with support from the Overview and Scrutiny Committees as set out in the Overview and Scrutiny Article and procedure rules

Delegation to officers in accordance with the existing scheme

Delegation to officers in accordance with the existing scheme

Delegation to officers in accordance with the existing scheme

Delegation to officers in accordance with the existing scheme



Delegation to officers in accordance with the existing scheme




Delegation to officers in accordance with the existing scheme



B. RESPONSIBILITY FOR COUNCIL FUNCTIONS


PowerJoint Planning Committee Four Area Planning Development Management Committees
To make decisions on the administrative and procedural issues affecting the determination of applications. YesNo
Power to determine planning applicationsYesYes
Power to determine applications to develop land without compliance with conditions previously attachedYesYes
Power to grant planning permission for development already carried outYesYes
Power to decline to determine planning applications for planning permissionYesYes
Duties relating to the making of determinations of planning applicationsYesYes
Power to determine applications for planning permission made by the CouncilYesYes
Power to make determinations, give approvals and agree other matters relating to the exercise of permitted development rights, including Article 4 Directions removing such rights YesYes
Power to enter into or vary or discharge agreements relating to development or use of landYesYes
Power to issue certificates of lawfulness of existing or proposed use or developmentYesYes
Power to serve a completion noticeYesYes
Power to grant consent for the display of advertisementsYesYes
Power to authorise entry onto landYesYes
Power to authorise applications for warrants to enter landYesYes
Power to require the discontinuance of a use of landYesYes
Power to require proper maintenance of land YesYes
Power to serve a Planning Contravention Notice, Breach of Condition Notice or Stop Notice (including temporary stop notice)YesYes
PowerJoint Planning Committee Four Area Planning Development Management Committees
Power to issue an enforcement notice and power to require proper maintenance of landYesYes
Power to apply for an injunction restraining breach of planning control, or in relation to a listed buildingYesYes
Power to determine applications for hazardous substances consent and related powersYesYes
Power to determine applications for listed building consent and related powers and duties relating to applications for listed building consentYesYes
Power to determine applications for Conservation Area Consents and to issue an enforcement notice in relation to demolition of an unlisted building in a Conservation AreaYesYes
Power to serve a Building Preservation Notice and related powers including the power to execute urgent worksYesYes
Powers relating to the preservation of trees and protection of important hedgerowsYesYes

The proposed role of the Joint main Committee as distinct from the Area sub Committees would be to consider applications or issues referred to it for the following reasons:-

1. Make decisions on the administrative and procedural matters affecting the processing of applications. E.g. report formats, information specifications etc.

2. Most major schemes, which are of strategic importance to the Council. E.g. East Street, which are to be decided by the Chief Executive in consultation with the Chief Planning Officer, after discussion with the Area Planning Committee Chairman.

3. Matters that have been referred as a result of paragraph c) of the conditions of delegation below.



Conditions of Delegation

(a) Where any Committee (excluding the Executive and the four Area Planning Committees) has reached a decision under delegated powers, five members of that Committee, present at the meeting, may immediately require that the decision shall operate as a recommendation to the Council. The recommendation will then be submitted to the next following ordinary meeting of the Council.

(b) In the case of the Licensing and Regulatory Committee, three members present at the meeting may immediately require that a decision shall operate as a recommendation to the Council. The recommendation will then be submitted to the next following ordinary meeting of the Council.

(c) In the case of any Sub-Committee, three members present at the meeting may require that a decision shall operate as a recommendation to the parent committee. The recommendation will then be submitted to the next ordinary meeting of the parent committee.

Comms/exec/2007-08/189