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Waverley Borough Council Committee System - Committee Document

Meeting of the Executive held on 05/02/2008
Discharge of Functions




1
[Section 8]
WAVERLEY BOROUGH COUNCIL
DISCHARGE OF FUNCTIONS

SCHEME OF DELEGATION TO OFFICERS

The Council may arrange for the discharge of its functions by the Executive, a Committee, Sub-Committee or Officer of the Council, (as set out in the Responsibility of Functions – Part 3 of the Constitution)

Those matters delegated to the Executive and also matters delegated to other Committees and Sub-Committees are as set out in the Council's Procedure Rules.

The Council has also agreed delegation to the Chief Executive in cases of urgency, after consultation with the Chairman and Vice-Chairman of either the Executive or appropriate Committee. In circumstances where the Chairman or Vice-Chairman of the relevant Committee is not available for consultation or has an interest in a matter, the Leader of the Council shall be consulted.

In the case of the exercise of delegated powers by officers, the Council has agreed that, where appropriate, Ward Members should be consulted. All matters delegated to officers on a permanent basis as at the date shown below are set out in the following pages.

It is in the nature of any scheme of delegation that those to whom responsibility has been delegated for a particular function, action or decision may require the delegating authority to resume responsibility for that function, action or decision.

Note

Where authority to take decisions is given to 'the responsible officer', the decision shall be taken in the name of (but not necessarily personally by) such officer.

In the absence of a Head of Service, the authority will be exercised by the appropriate Strategic Director.
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EXECUTIVE - GENERAL POWERS

Matters Delegated to Officers
Responsible Officer
1. Power to act in respect of the exercise of those powers delegated to the Executive in cases where a decision is required before the Executive next meets.Chief Executive on the advice of the relevant Strategic Director(s) and after consultation in each case with the Leader and relevant portfolio holder.
2. Appointment of consultantsprofessional advisors in cases of urgency provided there is provision in the appropriate budget and provided such expenditure does not exceed 3,000 in any particular caseAppropriate Strategic Director or Chief Executive, after consultation with the Leader and relevant Portfolio Holder
3. Authority to increase automatically fees and charges in line with the anticipated inflation level, rounded, where necessary, to ease collection. Director of Finance Deputy Chief Executive, after consultation with the Corporate Management Team.
3a. Authority to release those parts of exempt committee reports that fall within Schedule 12A of the Local Government Act 1972 (as amended) but subsequently become appropriate for disclosure under the Freedom of Information Act 2000, and to report frequently to Members on such releases.Monitoring Officer
3b. Authority to make decisions in relation to terminating the services of employees in line with existing Council policy on early retirements and/or redundancy, where in the best interests of the CouncilChief Executive after consultation with the Leader of the Council and Portfolio Holder(s) for Finance and Human Resources
POLICY AND RESOURCES ISSUES
4. Power to approve contributions towards the costs of appeal to a higher court incurred by other Local Authorities, provided that the Local Government Association advises that each case considered is a proper case towards which a financial contribution can be made. No such contribution shall exceed 50 and the circumstances must be reported to the Executive when the result of each appeal is known.Solicitor to the Council Head of Legal and Estates Services (in consultation with the Chief Executive), after consultation in each case with the Leader and relevant portfolio holder.
5. Power to report and advise on potential infringements, in respect of proper regard for human rights, and to investigate, as necessary, in the best interests of the Council. Monitoring Officer.
6. Power to grant car loans in accordance with the Council’s Conditions of Service.Head of Personnel and Central Services.Head of Human Resources
7. Application of ‘discretionary areas’ of the Scheme of Allowances towards costs of travelling, disturbances and removals incurred by new staff.Head of Personnel and Central Services. Head of Human Resources
8. Authority to approve attendance by Members at outside training courses and seminars, within existing training budgets. Head of Democratic ServicesChief Executive, after consultation with the Leader and Deputy Leader.
9. Power to negotiate Bond Issues subject to the terms being favourable. Director of Finance Deputy Chief Executive, after consultation with the Leader.
10. Power to authorise the issue and service of Notices to terminate leases pursuant to the Landlord and Tenant Act 1954, Section 25.Solicitor to the Council Head of Legal and Estates Services in consultation with the Chief Executive. after consultation with the Property and Development Manager.
11. Power to grant transfers from one person to the same person and another, of a mortgage, charge, easement, Wayleave, licence, lease or other document in which the Council has an interest where consent cannot reasonably be withheld. Solicitor to the Council (in consultation with the Chief Executive), after consultation with Director of Finance and Director of Housing.

Head of Legal and Estates Services, after consultation with the Deputy Chief Executive and Strategic Director (Housing and Community).
12. Power to institute legal proceedings in respect of unauthorised searching and digging on land owned or managed by Waverley.Chief Executive.Head of Legal and Estates Services
13. Authority to offer shared ownership facilities to existing members of staff who are first time buyers and whose personal circumstances and role in the organisation justify support of this nature to retain their services. Deputy Chief Executive, after consultation with the Leader and relevant Portfolio Holder.
14. Authority to revise annually surveyors’ fees for estates and valuation work.Director of Finance
Deputy Chief Executive
15. Power to grant leases, licences or easements for periods not exceeding three years

16. Power to grant under-leases where the Lease provides that the tenant may not underlet without the Council’s prior written consent

17. Power to renew all leases, licences or easements
Power to grant Wayleaves

18. Power to approve variations to leases that do not prejudice the Council's interests

19. Power to approve assignments of leases/licences

20. Power to approve reserved matters under leases and licences

21. Power to approve matters of routine management and maintenance of all properties
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Property and Development Manager, after consultation with Solicitor to the Council (in consultation with the Chief Executive) and other Directors as appropriate.

Head of Legal and Estates Services in consultation with Strategic Directors as appropriate.
22. Authority to institute court action where encroachments on to Council-owned and managed land and common land occur. Property and Development Manager, Head of Legal and Estates Services after consultation with the Strategic Director (of Environment) and Leisure) (and reports be submitted to the Executive).
23. Authority to take action, including legal proceedings, for recovery of rent arrears or the possession of land or other property in cases of non-payment of rent or other breach of terms of leases or licences in respect of non-housing properties.Property and Development Manager, after consultation with the Solicitor to the Council (in consultation with the Chief Executive).

Deputy Chief Executive (in consultation with the Head of Legal and Estates Services.
24. Authority to dispense with making a charge for Surveyor’s fees, as set out in the budget book, should the circumstances justify such action. Property and Development Manager.
Head of Legal and Estates Services.
25. Authority to determine applications for consent to make deliveries prior to 9.00 a.m. on Sundays under Section D2 and Schedule 3 of the Sunday Trading Act 1994.Environment Manager
Head of Environmental Health and Community Safety.
26. In respect of common land managed by the Council, or land of which, pursuant to Section 61(7) of the Criminal Justice and Public Order Act 1994, the Council is to be regarded as the occupier, authority to request on behalf of the Council that trespassers leave land.Countryside Officer.
27. Authority to direct removal of unauthorised encampments pursuant to the provisions of Part V of the Criminal Justice and Public Order Act 1994.Solicitor to the Council, Property and Development Manager, Countryside Officer, Environmental Health Officers
Principal Planning Officers, Planning Enforcement Officer, Housing Estates Manager, Countryside Rangers.

Head of Legal and Estates Services, Countryside Officer, Head of Environmental Health and Community Safety, Environmental Health Officers, Principal Planning Officers, Planning Enforcement Officer, Housing Estates Manager, Countryside Rangers, Head of Building Control, Engineering and Car Parking.
28. Authority to take all necessary action to secure the removal of vehicles, property or persons pursuant to the provisions of Section 78 of the Criminal Justice and Public Order Act 1994.Solicitor to the Council (in consultation with the Chief Executive), after consultation with the appropriate officers. Head of Legal and Estates Services, Countryside Officer, Head of Environmental Health & Community Safety, Environmental Health Officers, Principal Planning Officers, Planning Enforcement Officer, Housing Estates Manager, Countryside Rangers, Head of Building Control, Engineering and Car Parking.
29. Arising from the CableTel franchise in Waverley:-

(i) authority to determine planning matters;

(ii) authority to negotiate and determine applications for Wayleaves across land owned by Waverley.
Director of Planning and Development.

Solicitor to the Council (in consultation with the Chief Executive), after consultation with the Property and Development Manager.
30. In respect of applications for easements for access and/or services over or under Council-owned land, powers to negotiate and agree terms in cases where the consideration involved does not exceed 10,000 (exclusive of any fees or VAT which may be payable).Property and Development Manager, after consultation with the Solicitor to the Council Strategic Director (Environment) (in consultation with the Chief Executive), other Strategic Directors as appropriate and the local ward member(s).
31. In respect of the exercise of functions of the Council under the Criminal Procedure and Investigation Act 1996 or any Act amending the same.Solicitor to the Council
Head of Legal and Estates Services.
32. Authority to certify contracts as intra vires pursuant to the Local Government (Contracts) Act 1997.Solicitor to the Council (in consultation with the Chief Executive), Director of Housing, Director of Finance, Director of Planning and Development, Director of Environment and Leisure.
Head of Legal and Estates Services (in consultation with the Chief Executive), Strategic Director (Housing and Community), Deputy Chief Executive, Strategic Director (Environment), Chief Executive.
33. Authority to serve and receive notices and to appoint a surveyor (including the Council's employed surveyor to act) on behalf of the Council in respect of Council-owned properties under the Party Wall Etc Act 1996.Director of Environment and Leisure, Leisure Manager, Director of Planning and Development, Development Control and Policy Manager, Building Control Manager, Property and Development Manager, Director of Housing, Assistant Director of Housing, Surveying and Maintenance Manager, Business Manager.

Strategic Director (Environment), Strategic Director (Leisure and Regulation), Leisure Manager, Head of Planning, Head of Building Control, Engineering and Car Parking, Strategic Director (Housing and Community), Head of Housing Strategy and Management, Acting Head of Housing Maintenance, Business Manager.
34. Authority to witness the sealing of Council documentsChief Executive, Solicitor to the Council, Head of Committee and Member Services, Principal Solicitor.

Chief Executive, Head of Legal and Estates Services, Head of Democratic Services and any Solicitor employed by the Council.
35. Authority for award of funding under the small grants (matched-funding) schemeChief Executive or the Director of FinanceDeputy Chief Executive , after consultation with the Leader and relevant Portfolio Holders.
      36. Powers relating to the use of metal detectors in association with authorised archaeological excavations in respect of all land managed on behalf of the Council in particular where use of metal detectors ensures:- best management of the Council’s estate; least possible disturbance to tenants or other residents; or least possible damage to wildlife or habitat.
Property and Development Manager, Strategic Director (Environment) after consultation with the Leader and relevant Portfolio Holder.

ENVIRONMENT AND PLANNING ISSUES
      37. To exercise the Council’s policy in respect of grants for connection of soil drains of existing houses to main sewers where houses are in excess of 100 feet from the sewer (Building Act 1984, S.21).
Environment Manager
Head of Environmental Services
38. Powers relating to drainage, provision of sanitary accommodation, cesspools etc. (Public Health Act 1936, SS.45 and 48-52 (as amended by the Water Consolidation (Consequential Provisions) Act 1991), the Building Act 1984, SS 59-61 (as amended by the Water Act 1989, Building Act 1984 SS 64-68, Water Industry Act 1991, S 113).Environment Manager, after consultation with the Director of Planning and Development.
Head of Environmental Services
39. Powers relating to water supply to dwellings (Public Health Act 1936, SS.140 and 141 (as amended by the Environmental Protection Act 1990, S162(1) and Sched. 15, para 4(1) and (2)) and Building Act 1984, S.25 (as amended by Water Act 1989 and the Water Consolidation (Consequential Provisions) Act 1991)).Environment Manager
Head of Environmental Services
40. Powers relating to sewers, drains and sanitary conveniences (Public Health Act 1936 S 45; Public Health Act 1961 S 17, as substituted by the Local Government (Miscellaneous Provisions) Act 1982 S 27(1); Building Act 1984 SS 62-64 and 67.Environment Manager
Head of Environmental Services.
41. Power to require information relating to water supplies under the Water Industry Act 1991, S 85(1).Environment Manager
Head of Environmental Health and Community Safety .
42. Power to serve notices and to undertake the remedial powers given to local authorities in relation to private supplies in pursuance of the Water Industry Act 1991, S 80.Environment Manager
Head of Environmental Health and Community Safety .
43. Power to enforce duties and functions imposed on the local authority in pursuance of the Water Industry Act 1991, SS 78 and 79 to notify any water undertaker concerning unwholesomeness or insufficiency of supply with a view to ensuring water quality and to enforce powers given to local authorities under the Water Industry Act 1991, S 83(1) and (3).Environment Manager
Head of Environmental Health and Community Safety .
44. Power to take remedial action in respect of private water supplies where necessary as outlined in the Water Industry Act 1991, S 83(1).Environment Manager
Head of Environmental Health and Community Safety .
45. Enforcement of food safety and hygiene provisions including the institution of legal proceedings for offences under the Food Act 1984 and the Food Safety Act 1990. Environment ManagerHead of Environmental Health and Community Safety .
46. Authority to:-

(i) take or purchase samples (Section 29 of the Food Safety Act 1990); and
(ii) give notice, inspect and seize suspected food (Section 9 of the Food Safety Act 1990).
All Environmental Health Officers and Environmental Health Assistants.
47. Authority to serve Improvement Notices and to exercise all powers in relation thereto - Food Safety Act 1990 (Section 10(1)).Environment ManagerHead of Environmental Health and Community Safety , Environmental Health Manager and all Senior Environmental Health Officers.
48. Authority to serve Emergency Prohibition Notices (Section 12 of the Food Safety Act 1990) and to apply to the Magistrates’ Court for Prohibition Orders (Section 11 of the Food Safety Act 1990).Environment ManagerHead of Environmental Health and Community Safety and, in his absence, the Environmental Health Manager.
49. Authority to sign documents (Section 49 of the Food Safety Act 1990).Environment ManagerHead of Environmental Health and Community Safety and, in his absence, the Environmental Health Manager.
50. Authority to initiate legal proceedings for contravention of the Food Safety Act 1990 and other relevant statutory provisions. Environment ManagerHead of Environmental Health and Community Safety , subject to Solicitor to the Council Head of Legal and Services. (in consultation with the Chief Executive) being satisfied with the evidence.
51. Power to act in accordance with the Public Health (Control of Diseases) Act 1984 and the Public Health (Infectious Diseases) Regulations 1988 or any superseding legislation, with regard to food and water borne diseases and the exclusion of food handlers from food businesses. Environment Manager
Head of Environmental Health and Community Safety .
52. Power to act with regard to infectious diseases legislation under the Public Health (Control of Diseases) Act 1984 and the Public Health (Infectious Diseases) Regulations 1988 or any superseding legislation. Consultant in Communicable Disease Control, West Surrey Health Authority Health Protection Agency, or any doctor holding an appointment that includes the duties of the current consultant.
53. (i) Authority to carry out the duties of the local authority conferred by section 18 of the Health and Safety at Work Act 1974
      (ii) Authority to appoint inspectors under section 19 for the purposes set out in the Health and Safety at Work Act 1974
Environment Manager
Head of Environmental Health and Community Safety .



54. Powers contained in Regulation 6(2) of Control of Asbestos at Work Regulations 1987. All Environmental Health Officers and Environmental Health Assistants or Technical Officers.
55. Authority to approve and endorse any agreed transfers or assignments with the Health and Safety Executive made under the Health and Safety (Enforcing Authority) Regulations 1989. Environment Manager
Head of Environmental Health and Community Safety .
56. Authority to serve notices under Part III of the Food and Environment Protection Act 1985.All Environmental Health Officers (including the Environment ManagerHead of Environmental Health and Community Safety ).
57. Powers relating to removal of refuse and keeping of animals etc. (Public Health Act 1936 SS.79-82)Environment Manager
Head of Environmental Health and Community Safety .
58. Powers relating to offensive trades (Public Health Act 1936, SS 107-110)Environment Manager
Head of Environmental Health and Community Safety .
59. Powers relating to tents, vans, moveable dwellings etc. (Public Health Act 1936, SS.268 and 269 (as amended by the Building Act 1984 and the Environmental Protection Act 1990)).Environment Manager
Head of Environmental Health and Community Safety .
60. Power to enforce the duties laid upon owners/occupiers under the provisions of Part I of the Prevention of Damage by Pests Act 1949 and to carry out operations authorised by those provisionsEnvironment Manager
Head of Environmental Health and Community Safety .
61. Powers relating to heights of chimneys (Clean Air Act 1993 SS14-16).Environment Manager
Head of Environmental Health and Community Safety .
62. (i) Appointment of “authorised officers” as defined in section 64 of the Act and for the purposes of the Clean Air Act 1993Environment Manager
Head of Environmental Health and Community Safety .
      (ii) Powers of research and publicity under section 34 of the Clean Air Act 1993 (or as may be amended modified or re-enacted)
Environment Manager
Head of Environmental Health and Community Safety .
      (iii) Powers to obtain information under section 35 of the Clean Air Act 1993 (or as may be amended modified or re-enacted)
Environment Manager
Head of Environmental Health and Community Safety .
      (iv) Issuing of notice requiring information about air pollution under section 36 of the Clean Air Act 1993 (or as may be amended modified or re-enacted)
Environment Manager
Head of Environmental Health and Community Safety .
      (v) Notification of occupiers of offences under section 51 of the Clean Air Act 1993 (or as may be amended modified or re-enacted)
Authorised officers duly appointed by the Environment ManagerHead of Environmental Health and Community Safety .
      (vi) Power to enter upon land for the purposes prescribed in section 56 of the Clean Air Act 1993 (or as may be amended modified or re-enacted)
Authorised officers duly appointed by the Environment ManagerHead of Environmental Health and Community Safety .
      (vii) Power to serve notices requiring information under section 58 of the Clean Air Act 1993 (or as may be amended modified or re-enacted)
Authorised officers duly appointed by the Environment ManagerHead of Environmental Health and Community Safety .
63. Powers relating to urgent defects in premises (Building Act 1984 S.76 (as amended by the Environmental Protection Act 1990)).Environment Manager
Head of Environmental Health and Community Safety .
64. Powers relating to accumulation of rubbish and to filthy or verminous premises or articles (Public Health Act 1961, SS.34-37).Environment Manager
Head of Environmental Health and Community Safety .
65. Functions of the local authority relating to nuisances under sections 79 - 81B (or as may be amended modified or re-enacted) of the Environmental Protection Act 1990Environment ManagerHead of Environmental Health and Community Safety .
      66. Powers contained in Part III of the Control of Pollution Act 1974, together with the related supplementary provisions contained in Parts V and VI of that Act.
Environment Manager
Head of Environmental Health and Community Safety .
67. Issue of licences under the Caravan Sites and Control of Development Act 1960. Environment Manager
Head of Environmental Health and Community Safety .
68. Power to take action in relation to persons in need of care and attention and protection of their premises (National Assistance Act 1948, SS.47 and 48, as amended).Consultant in Communicable Disease Control, Health Protection Agency, or any doctor holding an appointment that includes the duties of the current consultant, after consultation with Environment ManagerHead of Environmental Health and Community Safety .
69. Authority to deal with the system of Air Pollution Control under Part I of the Environmental Protection Act 1990 as follows:-

(i) issue Authorisation under Section 6 of the Act;

(ii) make Transfers or Variations of Authorisations under Sections 9 and 10 of the Act;

(iii) serve Enforcement Notices under Section 13 of the Act;

(iv) serve Prohibition Notices under Section 14 of the Act;

(v) the Environment Manager be appointed as an “Inspector”, being a suitable person under Section 16(6) for carrying Part I of the Act into effect.
Environment ManagerHead of Environmental Health and Community Safety .
(vi) require information by notice under Section 19
(N.B. Such delegated powers are not to include the power to refuse or revoke Authorisations, which are to be referred to the Executive for decision).
69. Authority to deal with the Permitting system under the Pollution Prevention and Control Act 1999 and Pollution Prevention and Control (England and Wales) Regulations 2000, or as may be modified, amended or re-enacted.
(i) issue Permits under regulation 9-15.

(ii) make Variations or transfers under regulations 17 and 18.

(iii) Serve enforcement notices and suspension notices under regulations 23-25.

(iv) Remedy or prevent pollution in cases of emergency under regulation 26 (where regulation 25 is not appropriate).

(v) Require information by notice under regulation 21.

(vi) Revoke a permit under regulation 21.
Head of Environmental Health and Community Safety

Head of Environmental Health and Community Safety

Head of Environmental Health and Community Safety


Head of Environmental Health and Community Safety



Head of Environmental Health and Community Safety

Executive (for decision)
70. Authority to serve Notices for the control of noise and to institute summary proceedings where appropriate under Part III of the Control of Pollution Act 1974Environment Manager
Head of Environmental Health and Community Safety .
71. Authority to serve Notices to abate statutory nuisances under the Environmental Protection Act 1990, Section 80, out of normal office hours. All Environmental Health Officers.
72. Authority to exercise the powers relating to the confiscation of sound equipment, and to charge a fee for return of confiscated equipment including storage charge.All Environmental Health Officers.
73. Authority to serve Notices in accordance with Sections 46 and 47 of the Environmental Protection Act 1990 (or as may be modified, amended or re-enacted) on occupiers to place waste in specified receptacles and to take summary proceedings where necessary. Environment Manager
Head of Environmental Services.
74. Authority to serve litter Abatement Notices and street litter control notices and to institute summary proceedings where appropriate under Part IV of the Environmental Protection Act 1990 (or as may be modified, amended or re-enacted). Environment Manager
Head of Environmental Health and Community Services, Head of Environmental Services
75. Authority to enter into contracts for the recycling of all materials collected in the waste recycling schemesEnvironment Manager
Head of Environmental Services.
76. Authority to enter into arrangements with outside organisations for the recycling of material, with payments being made directly to charities.Environment Manager.
Head of Environmental Services
77. Authority to determine requests for free use of Council car parks for evening Christmas shopping. Director of Environment and Leisure, Strategic Director (Leisure and Regulation), after consultation with the Leader and relevant Portfolio holder.
78. Authority to grant free car parking in Council car parks Borough-wide on two trading Saturdays in December prior to Christmas each year, following consultations with the Chambers of Commerce.Director of Environment and Leisure
Strategic Director (Leisure and Regulation)
79. Authority to determine requests for utilisation of car park spaces by charitable and other similar organisations. Director of Environment and Leisure
Strategic Director (Leisure and Regulation)
80. Authority to issue season tickets in short-term car parks wherever considered appropriate.Director of Environment and Leisure
Head of Building Control, Engineering & Car Parking
81. Authority to approve annual renewals of existing concessionary parking permits, subject to receipt of the appropriate information from the applicants. Director of Environment and Leisure
Head of Building Control, Engineering & Car Parking
82. Authority to determine requests for concessionary car parking arising during the year. Director of Environment and Leisure, Strategic Director (Leisure and Regulation), after consultation with the Leader and relevant Portfolio holder.
83. Authority to enter into a National Parking Adjudication Service Section 101 Joint Committee Agreement (Local Government Act 1972)Solicitor to the CouncilHead of Legal and Estates Services and Head of Building Control, Engineering & Car Parking
84. Authority to approve requests for concessionary parking in off-street car parks and to grant requests for dispensations, suspensions and waivers in respect of on-street parking placesDirector of Environment and Leisure Strategic Director (Leisure and Regulation)
85. Authority to cancel Penalty Charge Notices in accordance with guidance issued under the Traffic Management Act 2004, as agreed by the Deputy Chief Executive.Director of Environment and Leisure Strategic Director (Leisure and Regulation)
Engineering ManagerHead of Building Control, Engineering and Car Parking
Parking Services Manager
Appeals Officer
Systems Manager
Notice Processing Administrators
86. Powers of entry under Section 108 of the Environment Act 1995 to investigate pollution control functions.All Environmental Health Officers (including the Environment ManagerHead of Environmental Health and Community Safety ) and Environmental Health Assistants.
87. Authority to exercise the powers of inspectors contained in Part V of the Environment Act 1995.All Environmental Health Officers.
88. Authority under Section 5 of the Dangerous Dogs Act 1991 in respect of power of entry, seizure of dogs and obtaining evidence.Environmental Health Officers and Environmental Health Assistants.
89. Authority to enforce the Council’s dog control byelaws.Environment ManagerHead of Environmental Health and Community Safety, Environmental Health Officers, Environmental Health Assistants (Animal Control) and other Environmental Health Assistants, the Countryside Officer, Countryside Rangers, Landscape Officer and Landscape Assistant.
90. Authority to initiate legal proceedings for dog control byelaw infringements.Environment ManagerHead of Environmental Health and Community Safety , subject to the Solicitor to the CouncilHead of Legal and Estates Services (in consultation with the Chief Executive) being satisfied with the evidence.
91. Authority to institute legal proceedings, by complaint or laying of information (as appropriate in each case), under the terms of the Dogs Act 1871, the Dangerous Dogs Act 1991, the Animal Health Act 1981 and Waverley Dog Control Byelaws.Director of Environment and Leisure Strategic Director (Leisure and Regulation) and the Environment Manager Head of Environmental Health and Community Safety, after consultation with the Leader and relevant Portfolio Holder; ward members to be informed of the action taken.
92. Authority to serve notice on the owner of a dog seized as a stray under Section 149 of the Environmental Protection Act 1990, giving the information specified in subsection 4 of that section about how the dog can be reclaimed.Environmental Health Manager and Animal Control Officers.
93. Authority to arrange for the destruction of a stray dog where, in the opinion of a veterinary surgeon, it is necessary to avoid suffering by the animal.Animal Control Officers or Environmental Health Officers, in consultation with the Environment Manager Head of Environmental Health and Community Safety or, in his absence, the Environmental Health Manager.
94. Designated officer to discharge functions under Section 149 of Environmental Protection Act 1990.Environmental Health Manager. Animal Control Officers or Environmental Health Officers, in consultation with the Head of Environmental Health and Community Safety or, in his absence, the Environmental Health Manager.
95. Under Section 78B(3) and (4) of the Environmental Protection Act 1990, authority to give notice to the appropriate agency, owner, occupier and appropriate person that land is contaminated landEnvironment Manager Head of Environmental Health and Community Safety and in his absence the Environmental Health Manager. (Commercial or Residential).
96. Under Sections 78C(1), (3) and (5) of the Environmental Protection Act 1990, authority to give notice to relevant persons that contaminated land is designated as a special site, requesting advice from the appropriate agency about whether contaminated land should be a special site and deciding whether contaminated land which has been notified to Waverley as a special site by an appropriate agency should be so designated.Environment Manager Head of Environmental Health and Community Safety and in his absence the Environmental Health Manager. (Commercial or Residential).
97. Under Section 78D(1), (2) and (3) of the Environmental Protection Act 1990, authority to refer special site decisions, disputed by the appropriate agency to the Secretary of State, together with a statement of reasons for making the decision, and a notification of this to the relevant personsEnvironment Manager Head of Environmental Health and Community Safety and in his absence the Environmental Health Manager. (Commercial or Residential).
98. Section 78E(1), (2) and (3) of the Environmental Protection Act 1990, authority to serve remediation noticesEnvironment Manager Head of Environmental Health and Community Safety and in his absence the Environmental Health Manager. (Commercial or Residential).
99. Under Section 78H(6), (7), (8), (9) and (10) of the Environmental Protection Act 1990, authority to prepare and publish remediation declarations, require responsible persons to prepare and publish remediation statements, and where this is not done within a reasonable period to prepare and publish the required remediation statement itself and recover the costs of doing soEnvironment Manager Head of Environmental Health and Community Safety and in his absence the Environmental Health Manager. (Commercial or Residential).
100. Section 78M (1), (2), (3) and (4) of the Environmental Protection Act 1990, authority to prosecute cases in the Magistrates Court for non-compliance with a remediation noticeEnvironment Manager Head of Environmental Health and Community Safety , following consultation with the Solicitor to the Council Head of Legal and Estates Services.
101. Section 78M (5) of the Environmental Protection Act 1990, authority to take action in the High Court where Waverley is of the view that, following service of a remediation notice which has not been complied with, pursuit of the case in the Magistrates Court would not offer an effective remedyExecutive.
102. Section 78N of the Environmental Protection Act 1990, power of the local authority to carry out remediation itself, including cases where remediation notices are not complied with and where it is necessary to do anything itself to prevent serious harm or imminent dangerExecutive, or in the case of imminent danger, the Environment Manager Head of Environmental Health and Community Safety and in his absence the Environmental Health Manager (Commercial or Residential), following consultation with the Leader and relevant Portfolio Holder.
103. Powers of entry and to carry out investigations as contained in Section 108 of the Environment Act 1995.Environment Manager Head of Environmental Health and Community Safety, Environmental Health Managers, Environmental Health Officers, Environmental Health Assistants, and other persons (including consultants carrying out investigations for the Council temporarily authorised in writing for this purpose by the Environment ManagerHead of Environmental Health and Community Safety ).
104. Authority to appoint appropriate persons to undertake enforcement under the Health Act 2006 and associated RegulationsHead of Environmental Services
Head of Environmental Health and Community Safety
105. Authority to instigate legal proceedings for a prosecution under the Protection from Eviction Act 1977Director of Environment and Leisure and Environment Manager, subject to the Solicitor to the Council being satisfied with the evidence.
Strategic Director (Leisure and Regulation) and Head of Environmental Health and Community, subject to the Head of Legal and Estates being satisfied with the evidence.
106. Implementation of policy demanding the full repayment of renovation grants where the dwelling is sold within the five year grant condition period, in accordance with Section 45 of the Housing Grants, Construction and Regeneration Act 1996

(N.B. where officers consider repayment in full to be inappropriate, having considered the merits of any such case, the matter be referred to the Executive for decision).
Environment Manager
Head of Environmental Health and Community Safety and Environmental Health Managers (Commercial and Residential).
107. Authority to give notice to the keeper of take-away food premises that it is proposed to issue a Closing Order in respect of such premises.Environmental Health Officers.
108. Authority to approve, refuse or revoke licences (as appropriate in each case) under the terms of the Food Safety (General Food Hygiene)(Butchers Shops) Amendment Regulations 2000.Environment Manager, Environmental Health Managers (Commercial or Residential).
109. Authority to take enforcement action under Parts 1, 2, 3 and 4 and Schedules 3 and 6 of the Housing Act 2004 and to institute legal proceedingsHead of Environmental ServicesHead of Environmental Health and Community Safety, in consultation with Solicitor to the Council Head of Legal and Estates Services
110. Authority to implement mandatory licensing of Houses in Multiple Occupation under provisions of Part 2 and Schedule 5 of the Housing Act 2004Head of Environmental Services
Head of Environmental Health and Community Safety
111. Authority to exercise powers of entry and powers to require documents provided under Sections 131, 235 and 239 and Schedules 3 and 7 of the Housing Act 2004Head of Environmental Services
Head of Environmental Health and Community Safety
112. Authority to serve or revoke an HMO Declaration under Sections 255 and 256 of the Housing Act 2004 Head of Environmental Services
Head of Environmental Health and Community Safety
113. The Food Safety Act 1990; and any Orders, or Regulations or other instruments:-

i. made thereunder, or
ii. relating thereto, or
iii. having effect by virtue of the European Communities Act 1972 and relating to food safety or animal feedstuffs; and

any modification or re-enactment of the foregoing
Strategic Director (Leisure and Regulation), Head of Environmental Health and Community Safety, Environmental Health Manager, Team Leader (Food, Health and Safety)
114. Authority to appoint named and suitabley qualified officers to exercise the powers of an Inspector under the Food Safety Act 1990; and any Orders, or Regulations or other instruments made thereunder or having effect by virtue of the European Communities Act 1972 and relating to food safety or animal feedstuffs, and any modification or re-enactment of the foregoingStrategic Director (Leisure and Regulation), Head of Environmental Health and Community Safety, Environmental Health Manager, Team Leader (Food, Health and Safety)
115. Authority to sign documents in relation to Environmental Health functions (Section 16 Local Government (Miscellaneous Provisions) Act 1976)Strategic Director (Leisure and Regulation), Head of Environmental Health and Community Safety, Environmental Health Manager, Team Leader (Food, Health and Safety), Team Leader (Housing), Team Leader (Pollution)
116. Authority to sign documents (Section 29 Local Government (Miscellaneous Provisions) Act 1982)Strategic Director (Leisure and Regulation), Head of Environmental Health and Community Safety, Environmental Health Manager, Team Leader (Food, Health and Safety), Team Leader (Housing), Team Leader (Pollution)
117. Temporary closure of roads in accordance with Section 21 of the Town Police Clauses Act 1847 (for public processions, street fairs etc.)Solicitor to the Council (in consultation with the Chief Executive), Head of Democratic Services after consultation with appropriate local Ward Members
PLANNING MATTERS
118. The approval of details required as a condition of the original consent including listed building consent, except where the Committee or Sub-Committee specifically exclude this.Director of Planning and Development.
Head of Planning
119. The determination of advertisement applications.Director of Planning and Development.
Chief Planning Officer
120. The authorisation of Tree Preservation Orders.Director of Planning and Development.
Chief Planning Officer
121. The determination of applications for consent to fell or lop trees the subject of a Tree Preservation Order.Director of Planning and Development.
Chief Planning Officer
122. Authority to submit observations to the Forestry Commission in relation to applications for Felling Licences. Solicitor to the Council
Head of Legal and Estates Services (in consultation with the Chief Executive) on the advice of the Director of Planning and Development Chief Planning Officer and after consultation in each case with the Chairman and Vice-Chairman of the Development Control Area Planning Committee and at least one local member.
123. Authority to issue appropriate legal proceedings in the event of a breach of a Tree Preservation Order.Solicitor to the CouncilHead of Legal and Estates Services (in consultation with the Chief ExecutiveChief Planning Officer) on the advice of the Director of Planning and Development and after consultation in each case with the Chairman and Vice-Chairman of the appropriate Development Control Committee.Area Planning Committee
124. Authority to exercise the powers and undertake all matters under the Town and Country Planning Act 1990 and the Town and Country Planning (Tree Preservation Orders) Regulations 1969 relating to the following:-)
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Director of Planning and Development Development Control and Policy ManagerChief Planning Officer, Principal Planner (Policy Information and Heritage) and Principal Planner (Development Control).
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a) the making, confirmation, variation and revocation of Tree Preservation Orders (including those which are provisional/on Crown land);

b) the determination of applications for consent and issue of consents relating to works to trees (with or without conditions);
    c) the determination of applications for certificates and dispensations and issue of certificates and dispensations relating to trees;

    d) enforcing the duties of owners relating to the replacement and re-planting of trees;

    e) the carrying out of works to trees by the Council and the recovery of expenses from the owner;
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    f) the entry onto land for the purpose of planting trees or for surveying the land in connection with: a Tree Preservation Order; a possible offence in connection with trees; or ascertaining if the owner is under a duty with regard to trees;

    g) application to the Justices for a warrant in respect of the above where permission has been refused or a refusal is reasonably apprehended or in a case of emergency; and

    h) been refused or a refusal is reasonably apprehended or in a case of emergency.
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    125. Authority to undertake the signing and issue of all notices, orders and other documentation relating to Tree Preservation Orders and trees in respect of which powers have been delegated.Director of Planning and Development, Development Control and Policy ManagerChief Planning Officer, Principal Planner (Policy Information and Heritage), Principal Planner (Development Control).
    126. Institution of any action pursuant to Sections 23 and 24 of Local Government (Miscellaneous Provisions) Act 1976 (Dangerous Trees). Solicitor to the CouncilHead of Legal and Estates Services (in consultation with the Chief Planning OfficerExecutive), after consultation with Director of Planning and Development.
    127. Power to authorise officers to enter premises pursuant to the Local Government (Miscellaneous Provisions) Act 1976, S.24 insofar as it relates to dangerous trees.Director of Planning and DevelopmentChief Planning Officer, after consultation with the Solicitor to the CouncilHead of Legal and Estates Services (in consultation with the Chief Executive).
    128. Authority to handle High Hedges complaints (under Part 8 of the Anti-Social Behaviour Act 2003), to include deciding a complaint, issuing a remedial notice, powers to enter the land, prosecutions and laying of information.Director of Planning and Development
    Chief Planning Officer
        129.Power to authorise external investigators or consultants to enter land for the purposes of investigating breaches of planning control insofar as it would be lawful to do so
    Director of Planning and Development
    Chief Planning Officer

    HOUSING AND COMMUNITY WELFARE ISSUES

        130. Authority to select, from all applicants wishing to tender for housing contracts exceeding 35,000 both for new dwellings and for repairs and improvements to be let in accordance with Standing Order 104, those companies or firms from which tenders shall be invited.
    Director of Housing Strategic Director (Housing and Community), after consultation with the Leader and relevant Portfolio Holder.
    131. Authority to select tenderers for building maintenance and improvement works from the Standing List of Contractors; and

    132. Authority to delete and/or include contractors on the Standing List based on performance.
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    Director of Housing Strategic Director (Housing and Community), after consultation with the Leader and relevant Portfolio Holder.
    133. Authority to make payments in accordance with the approved scale for disturbance to tenants where such tenants are required to move by the Council.Director of Housing.
    Head of Housing Strategy and Management
    134. Authority to give (or decline) consent under the terms of Section 92 of the Housing Act 1985 as amended by the Local Government and Housing Act 1985 where a secure tenant wishes to exercise his rights under the Act to exchange his Council property with another secure tenant within England or Wales.Director of Housing.
    Head of Housing Strategy and Management
    135. Approval of exchanges of tenancies within approved policy.Director of Housing.
    Head of Housing Strategy and Management
    136. Approval of transfers of tenancies within approved policy. Director of Planning and Development Head of Housing Strategy and Management
    137. Authority to lease properties for housing of the homeless.Director of Housing
    Head of Housing Strategy and Management.
    138. Home loss and disturbance payment.Strategic Director (Housing and Community)Director of Housing, after consultation with the relevant Portfolio Holder.
    139. Authority to enter into nomination rights agreements with Registered Social Landlords.

    Authority to nominate households on the Housing Needs Register to registered Social Landlords and non-registered landlords.
    Head of Housing Strategy and Management


    Director of Housing.
    Head of Housing Strategy and Management
    140. Authority to determine those tenants for whom internal redecoration should be carried out by virtue of their age or disability.Director of Housing.
    Head of Housing Strategy and Management
    141. To determine those void properties that need to be redecorated where not to do so would effectively render them unsuitable for letting or where an incoming tenant, owing to age, disability or other circumstances is incapable of having the work carried out.Director of Housing.
    Head of Housing Strategy and Management
    142. Authority to issue decoration vouchersDirector of Housing.Head of Housing Strategy and Management
    143. Authority to re-locate tenants whilst improvement works are carried out by the utilisation of void properties only when it is agreed in advance that it is impossible to carry out the works with the tenants “in-situ”.Director of Housing. Head of Housing Strategy and Management and Head of Housing Maintenance
    144. Authority to sign notices of Seeking Possession under the Housing Act 1985, S.83.Director of Housing, Client Services Manager, Housing Estates Manager, Area Team Leaders.
    145. Sale of Council houses - discretion to include occupation by spouse in calculating purchase price discount.Director of Housing. Head of Housing Strategy and Management
    146. To determine all applications for housing advances, including further advances, within the approved scheme. Strategic Director (Housing and Community)Director of Housing, after consultation with Director of FinanceDeputy Chief Executive .
    147. Transfer of mortgages to sole or joint owners when consent cannot reasonably be withheld. Director of Housing, after consultation with Director of Finance
    Deputy Chief Executive .
    148. Management of all the Council’s Housing Advance loans. Director of Finance Deputy Chief Executive
    149. Authority to approve applications for maturity mortgages from both disabled persons and pensioners within the approved schemes. Director of Housing, after consultation with Director of Finance Deputy Chief Executive
    150. Authority to make short-term temporary loans in connection with housing advances from building societies where the applicant requires an improvement grant and must carry out such works before the advance is made. Strategic Director (Leisure and Regulation)(Housing and Community)Director of Housing, after consultation with Deputy Chief Executive.
    151. Authority to select applicants for the Do It Yourself Shared Ownership Homebuy (DIYSO) Scheme, ensuring that the homeless or potentially homeless applicant who has an urgent housing need together with all those on the Housing Needs Register who are in housing need and existing tenants, are considered on their respective merit. Strategic Director (Housing and Community)Director of Housing, after consultation with the relevant Portfolio Holder.
    152. Authority to give financial assistance to Council tenants up to 1,000 for expenses associated with the costs of purchasing a DIYSO Homebuy (?) property.Director of Housing. Head of Housing Strategy and Management
    153. Authority to:-

    (i) give or refuse consent to the carrying out of alterations, additions or improvements by owners to former Council properties which have been sold or leased under the Right to Buy provisions; and
    Head of Housing Strategy & Management Director of Housing, after consultation with the Director of Planning and Development.


    (ii) approve consequential variations to leases which are deemed necessary and are not to the detriment of the Council.
    154. Authority to take appropriate action to deal with squatters in property managed by the CouncilHead of Housing Strategy & Management Director of Housing, after consultation with the Solicitor to the Council (in consultation with the Chief Executive).
    155. Institution and pursuance of proceedings to recover sums outstanding in respect of rent arrears. Director of Housing. Head of Housing Strategy and Management
    156. Authority to institute appropriate proceedings, within the terms of the mortgage deed and legislation governing mortgages, to recover sums outstanding to the Council in respect of any mortgage arrears if such proceedings are deemed necessary. Deputy Chief Executive, after consultation with Solicitor to the Council Head of Legal and Estates Services (in consultation with the Chief Executive) and Director of Housing.
    157. Authority to enforce the warrant for eviction in cases of serious rent arrears, or anti-social behaviour or other serious breeches of tenancy conditions.. Strategic Director (Housing and Community)Director of Housing, after consultation with the Leader and relevant Portfolio Holder.
    158. Authority to determine, in accordance with the Housing Grants, Construction and Regeneration Act 1996, grant applications of up to 20,000, provided that no Environmental Health Manager may determine an application for which they are also the case officers, and that where a grant is to exceed 20,000, this may only be approved by the Environment ManagerHead of Environmental Health & Community Safety provided that he is satisfied that renovation is the most satisfactory course of action following completion of a Neighbourhood Renewal Assessment in accordance with published DETR guidance and that the grant does not exceed 30,000 (any recommendation for a grant exceeding 30,000 to be referred to the Executive for decision).Environmental Health Managers or Head of Environmental Health and Community Safety following consultation with the Building Control ManagerHead of Building Control, Engineering and Car Parking.
    Note:-

    Any person aggrieved by a decision in respect of availability or amount of grant shall be able to appeal to the Strategic Director of (Housing and Community) who may decide either to uphold the original decision or raise the level of grant aid if it falls within the approved policy, or refer it to the Executive for approval if it falls outside the approved policy.
    159. Authority to determine, in accordance with the Housing Grants, Construction and Regeneration Act 1996, applications for Disabled Facilities Grant up to 20,000.Environment ManagerHead of Environmental Health and Community Safety orand the Environmental Health Managers, following consultation with the Building Control ManagerHead of Building Control, Engineering and Car Parking, provided that no such officer may determine an application for which he or she is also the case officer.
    160. Authority to determine, in accordance with the Housing Grants, Construction and Regeneration Act 1996, applications for Disabled Facilities Grant up to 30,000 (any recommendation for a grant exceeding 30,000 to be referred to the Executive for decision)Director of Environment and Leisure and Environment Manager. Strategic Director (Leisure and Regulation), Head of Environmental Health and Communtiy.
    Note:-

    Any person aggrieved by a decision not to award a grant, or to award a grant lower than that applied for, may appeal to the Director of Housing Strategic Director (Housing and Community) who may uphold the original decision or raise the level of grant aid if it falls within the approved policy, or refer it to the Executive for approval if it falls outside the approved policy.
    161. Authority to serve Deferred Action Notices under Sections 81 and 82 of the Housing Grants, Construction and Regeneration Act 1996 in respect of unfit properties. Environment Manager
    162. Authority to serve "Minded To" Notices under Section 86 of the Housing Grants, Construction and Regeneration Act 1996.Environment Manager
    163. Authority to secure re-housing for homeless applicants in temporary accommodation accepted under the provisions of the Housing Act 1985.Director of Housing. Head of Housing Strategy and Management
    164. Authority to serve Repairs Notices in respect of unfit houses and in respect of houses requiring repairs (Housing Act 1985). Environment Manager
    165. Authority to serve Repair Notices on elderly/owner occupiers, in appropriate cases, where their homes are in a state of substantial disrepair. Environment Manager
    166. Powers relating to management of houses in multiple occupation and reconditioning of condemned houses (Housing Act 1985).Environment Manager
    167. Powers relating to overcrowding, repair and management of houses in multiple occupation (Housing Act 1985, as amended).Environment Manager
    168. Service of requisitions for information in respect of action by the Council.Solicitor to the Council Head of Legal and Estates Services, Head of Environmental Health & Community Safety, or Chief Planning Officer
    169. Authority to allocate street numbers in respect of Council developments.Director of Environment and Leisure, after consultation with Director of Planning and ???
    170. Authority to negotiate on charges to Housing Associations and private developers with regard to the provision of a community alarm system. Director of Housing Strategic Director (Housing and Community).
    171. In connection with duties under the Children Act 1989, authority to undertake leasing arrangements to the Surrey Community Development Trust, any action taken under such arrangements to be reported to the Committee on a quarterly basis. Strategic Director (Housing and Community) Director of Housing.
    172. Provision of staff housing up to a maximum of 7520 dwellings.Strategic Director (Housing and Community) Director of Housing, after consultation with the Solicitor to the Council Deputy Chief Executive (in consultation with the Chief Executive).
    173. Authority to sign Notices to Quit and Notices to Terminate Licence.Strategic Director (Housing and Community) Director of Housing, Housing Estate Manager, Area Team Leaders.
    174. Authority to allocate Council properties to Council tenants and licensees.Strategic Director (Housing and Community) Director of Housing, Client Services Manager, Housing Estates Manager, Housing Needs Manager, Elderly Services Manager.
    175. Authority to relax Covenants affecting former Council properties disposed of under the Right to Buy provisions restricting the carrying out of alterations or additions without the Council’s consent in cases where it is not reasonable to charge a consideration and it is not detrimental to the Council’s interests, subject to payment of the Council’s reasonable legal costs.Strategic Director (Housing and Community) Director of Housing, after consultation with the Director of Planning and Development Chief Executive and the Solicitor to the Council Head of Legal and Estates Services (in consultation with the Chief Executive).
    176. Authority to select tenderers from the Standing List of Contractors. February 2002 – January 2004.Strategic Director (Housing and Community) Director of Housing.
    177. Authority to approve expenditure on emergency and high priority work and to select items from the approved contingency programme where those works can be accommodated from within the contingency funds available at that time. (Any such works would be reported to a subsequent meeting of the Executive.)Strategic Director (Housing and Community) Director of Housing, after consultation with the Leader and relevant Portfolio Holder.
    178. Authority to agree that the Council enter into Mortgage Indemnity Agreements under S.442 of the Housing Act 1985 with building societies and banks approved by the Department of Communities and Local Government subject to the following:-

    (a) the prospective borrower is a Council nominee who would have to be allocated alternative social housing accommodation by the Council if he or she could not purchase a shared-ownership property;
    Solicitor to the Council Head of Legal and Estates Services (in consultation with the Chief Executive), after consultation with the Director of Housing Strategic Director (Housing and Community) and Deputy Chief Executive.



    (b) the present shared-ownership lessee would have to sell on the open market if the Council's nominee could not proceed;

    (c) the prospective purchasers’ circumstances have been investigated and the case is considered to be one where the borrower has sufficient income to maintain the mortgage repayments.
    179. Authority to determine the most appropriate provisions to be contained in a Mortgage Indemnity Agreement depending on the individual circumstances of the case concerned, having regard to the interests of the Council.Solicitor to the Council Head of Legal and Estates Services (in consultation with the Chief Executive), after consultation with the Strategic Director (Housing and Community) Director of Housing and the Deputy Chief Executive.
    180. Authority to vary the terms of individual DIYSO Leases in appropriate circumstances to enable the Shared Ownership Lessees concerned to acquire additional shares in their properties or to assign their DIYSO Leases at current market value, subject to the officers having carried out a financial assessment of the situation to ascertain whether the additional shares could be acquired or the Lease be assigned at the original market value (if this is the higher value).Head of Housing Strategy & Management Solicitor to the Council (in consultation with the Chief Executive Head of Legal & Estates Services), after consultation with the Deputy Chief Executive and the Strategic Director (Housing and Community) Director of Housing.
    181. Authority to:-

    1. vary the Conditions of Tenancy of individual Secure Tenants in cases involving nuisance and anti-social behaviour pursuant to Section 102 and 103 of the Housing Act 1985, subject to reporting back any substantive observations received to the Executive following service of a Preliminary Notice under Section 103;
    Strategic Director (Housing and Community) Director of Housing, after consultation with the Solicitor to the Council Head of Legal and Estates Services (in consultation with the Chief Executive).
    2. make application for injunctions under Section 152 and 153 of the Housing Act 1996 to restrain anyone from causing or committing a nuisance or anti-social behaviour in very serious cases of emergency where there is a risk of harm to someone if an injunction is not obtained; and
    3. apply for possession of Council dwellings on the ground of nuisance and anti-social behaviour using the accelerated procedure under Section 83 of the Housing Act 1985 (as amended by Section 147 of the Housing Act 1996) in serious cases of nuisance and anti-social behaviour.
    182. Authority to negotiate with contractors who have been awarded contracts as a result of competitive tendering for the approved planned maintenance programme in any one year, to increase the volume of work within those contracts (subject to the overall costs not exceeding the approved Housing Revenue Account Revenue Repairs Budget and Capital Improvement Budget for that particular financial year).Strategic Director (Housing and Community) Director of Housing.
    183. Authority to provide electrically-powered heaters to elderly and disabled tenants where open flue gas point heaters have been removed (subject to medical evidence of need being supplied by the tenant).Director of Housing.Head of Housing Maintenance
    184. Authority to enter into supplementary tenancy agreements with new and existing tenants and appropriate agreements with selected organisations to provide appropriate levels of support to tenants in need, in conjunction with the provision of accommodation, subject to the tenant concerned consenting to the agreement. and claiming Transitional Housing Benefit to cover the cost of such servicesDirector of Housing. Head of Housing Strategy and Management
    185. Authority to negotiate and enter into short-term leases with selected organisations or appropriate Council dwellings for occupation by individuals nominated by the Council who would otherwise be secure tenants of the Council in order that the individuals concerned might occupy the accommodation as sub-tenants of the organisation and also receive the appropriate level of support services from the organisation
    (N.B. the leases to be subject to terms and conditions negotiated by the Director of Housing including payment of a rent to the Council
    Director of Housing. Head of Housing Strategy and Management
    186. Authority for the issuing of Notices of Seeking Possession and Notices to Quit and court proceedings in respect of the Housing Act 1985, or as amendedStrategic Director (Housing and Community) Director of Housing, Assistant Director of Housing Head of Housing Strategy and Management, Housing Services Manager, Deputy Housing Services Manager, Rent Accounts Manager, Rent Accounts Officers, Court Officer.
    187. Authority to make planning applications for any disabled adaptation or parking improvement or provision scheme in accordance with Regulation 3 of the Town and Country Planning (General) Regulations 1992.Strategic Director (Housing and Community) Director of Housing
        188. Authority to accept the current proposal from Southern Electric to act as preferred energy supplier and subsequently to negotiate and agree any further amendments
    Strategic Director (Housing and Community) Director of Housing

    LEISURE ISSUES
        189. Power to institute legal proceedings following any breach of the National Trust Byelaws.
    Solicitor to the Council Head of Legal and Estates Services (in consultation with the Chief Executive), after consultation with Director of Environment and Leisure Strategic Director (Leisure and Regulation).
    190. Power to authorise the necessary action to deal with “live” trees in Farnham Park that have become a potential danger. Strategic Director of Environment and (Leisure and Regulation), after consultation with Director of Planning and Development.Chief Executive
    191. Power to deal with applications to hold events on public grounds. Strategic Director of Environment and (Leisure and Regulation).
    192. Authority to institute proceedings in respect of offences under the Conservation of Wild Creatures and Wild Plants Act 1975.Solicitor to the Council Head of Legal and Estates Services (in consultation with the Chief Executive), after consultation with the Leader and relevant Portfolio Holder and Strategic Director of Environment and (Leisure and Regulation).
    193. Authority to enter into agreements with Surrey County Council on matters associated with the joint use of school football pitches, subject to any costs remaining within the relevant budget provision.Solicitor to the Council Head of Legal and Estates Services (in consultation with the Chief Executive), after consultation with Strategic Director of Environment and (Leisure and Regulation).
    194. Authority to respond to consultations from the Surrey County Council on any rights of way matters.Strategic Director of Environment and (Leisure and Regulation), after consultation with the relevant Portfolio Holder and local members.
    195. Authority to issue licences at a peppercorn rent to those householders or tenants wishing to maintain ground in situations where the Countryside and Amenities Manager considers such maintenance to be desirable.Solicitor to the CouncilHead of Legal and Estates Services (in consultation with the Head of Leisure and Regulation Chief Executive).
    196. Authority to agree up to two dates per year for swimming galas to be held at Cranleigh Leisure Centre. Strategic Director of Environment and (Leisure and Regulation).
    197. Authority to allocate the approved sponsorship budget in future years using the formula detailed in the report on Societies Promoting Professional Music as contained in the agenda for the meeting of the Environment and Leisure Committee on 15th May 1990. Strategic Director of Environment and (Leisure and Regulation).
    198. Power to grant easements for access and/or services over/under Waverley-owned common land in cases where the position has persisted for a minimum period of twenty years before the date of application. Property and Development Manager, after consultation with the Solicitor to the Council (in consultation with the Chief Executive), the Director of Environment and Leisure and the appropriate local member(s).

    Head of Legal and Estates Services (in consultation with the appropriate Strategic Director and the appropriate local member(s).
    199. Authority to enter into Wildlife Enhancement Schemes and other similar schemes for ecological management of areas of common land provided that they are of not more than ten years duration.Strategic Director of Environment and ( Leisure and Regulation).
    200. Authority to determine applications for future increases in charges proposed by the lessee of Farnham Park Golf Course.Strategic Director of Environment and (Leisure and Regulation).
    201. Authority to determine applications for increases in charges proposed by the lessee of Broadwater Park Golf Course.Strategic Director of Environment and (Leisure and Regulation), after consultation with the Leader and relevant Portfolio Holder.
    202. Authority to institute an agreed notice - serving procedure as a means of resolving problems on common land.Strategic Director of Environment and (Leisure and Regulation).
    203. Authority to grant licences of Waverley land, of no more than one month, on set terms and conditions and, as far as possible, on set fees.Estates Officer
    Estates Surveying Technician
    Countryside Management Officer
    Countryside Rangers
    Parks and Landscape Manager
    Parks and Landscape Officers
    Tree and Woodlands Officer
        204. Authority to agree leases with Parish Councils to manage Council-owned common land
    Director of Planning and Development Head of Legal & Estates Services or Strategic Director (Environment) in consultation with the Strategic Director of Environment and (Leisure and Regulation)

    FINANCIAL OPERATIONS ISSUES
        205. Authority to grant, in respect of a financial year, discretionary rate relief to existing charities, non-profit making organisations and rural businesses, in accordance with Council policy and to determine any new applications received.
    Director of Finance Deputy Chief Executive
    206. Authority to serve notices, enter into agreements, give receipts, make adjustments, institute proceedings and take any action available to the Council to collect or enforce the collection of the Council Tax, non-domestic rate and the personal, standard and collective community charges from those persons liable.Director of Finance Deputy Chief Executive
    207. Powers relating to watercourses, ditches, ponds, etc. (Public Health Act 1936, SS.259-266 (as amended by the Local Government Act 1972, S. 180 and Sched. 14 Pt. I of the Control of Pollution Act 1974 and the Environmental Protection Act 1990)).Strategic Director of Environment and (Leisure and Regulation)
    208. Authority to issue all necessary notices under the Land Drainage Act 1991 to maintain existing works, improve existing works, construct new works and to require removal of obstruction within a watercourse (SS 14 and 25).Strategic Director of Environment and (Leisure and Regulation).
        209. Burial or cremation of the dead where no suitable arrangements are being made (Public Health (Control of Diseases) Act 1984 SS 46-48).
    Environment Manager
    Head of Environmental Health and Community Safety .
    DEVELOPMENT MANAGEMENTAREA PLANNING COMMITTEES
    It was agreed by Council (25th October and 13th December 2005) that delegated items shown below which are emboldened (also marked with an asterisk) may be subject to reference to an Development ManagementArea Planning Committee. Where within three weeks following the notification of the Waverley Weekly List of Planning Applications, a Ward Councillor (for the Ward including the planning application site) makes a request to that effect, supported in writing by the relevant Town or Parish Council, the application will be placed on the agenda for the next appropriate Area Planning Development Management Committee. This is provided that the Town or Parish Clerk has written to confirm that the Town or Parish Council has recommended it to the Ward Councillor for consideration by an Area Planning Development Management Committee of Waverley Borough Council.
        210. The determination of applications for certificates of lawful use or development and certificates of lawfulness of proposed use or development.Director of Planning and DevelopmentHead of Planning, after consultation with the Solicitor to the Council Head of Legal and Estates Services (in consultation with the Chief Executive).
    *211. Renewal of temporary planning permission and unimplemented permissions when there are no material changes in circumstances.Director of Planning and Development.Head of Planning
    212. Responses to consultations by the undertakers/utilities, adjoining local planning authorities or the County Council.Director of Planning and Development.Head of Planning
        *213. Variation of conditions attached to an existing planning permission.Director of Planning and Development.Head of Planning
    214. The extensions of time to complete legal agreements already authorised.Director of Planning and Development Head of Planning, after consultation with the Solicitor to the CouncilHead of Legal and Estates Services (in consultation with the Chief Executive).
    215. Determination of whether prior approval will be required to the siting, design and external appearance of the agricultural proposals that are “permitted development” and the giving or not of such approval.Director of Planning and Development.Head of Planning
    216. Authority, where applications for renewal of, or amendment to a previously approved application are for a development sufficiently similar to the previously approved development, to grant such applications provided that, in the opinion of the Director of Planning and Development

    1. there is no material change in circumstances from that at the time of the original decision;

    2. any variations or amendments contained in the application under consideration are minor or small scale in nature; and

    3. the development is not in conflict with the Council’s planning policiesDirector of Planning and Development Head of Planning
        217. Determination as to whether prior approval is required to the method of demolition in respect of demolition proposals that are “permitted development” and any proposed restoration of the site and the giving or not of such approval.Director of Planning and Development.Head of Planning
    218. Determination of whether prior approval is required for the siting and appearance of telecommunication proposals that are “permitted development” and the giving or not of such approval.Director of Planning and Development.Head of Planning
    *219. The refusal of applications clearly in conflict with the Council’s policy.Director of Planning and Development. Head of Planning
    *220. The refusal of applications for planning permission where these are subject to a recommendation from Surrey County Council to refuse permission on highway grounds and where the Director of Planning and Development concurs with the County Council’s views.Director of Planning and Development.Head of Planning
    *221. The refusal of applications where the proposals are identical or essentially similar to applications refused during the previous three years.Director of Planning and Development.Head of Planning
    222. (i) the issue of Planning Contravention Notices in accordance with the provisions of section 171C of the Town & Country Planning Act 1990 (or as may be modified amended or re-enacted) and to appoint such time and place for a meeting arranged under the provisions of the said section and to consider and determine all offers and representations made thereat;
        (ii) the issue of notices requiring information as to interests in land in accordance with the provisions of section 330 of the Town & Country Planning Act 1990 (or as may be modified amended or re-enacted)Director of Planning and Development. Head of Planning
    223. Authority to proceed with house numbering schemes where 75% or more of residents have voluntarily accepted the scheme.Director of Planning and Development Head of Planning
    224. Authority, once the annual Environmental Enhancement scheme has been agreed in principle, to decide details of and costs of schemes under 500.Director of Planning and Development. Head of Planning
            225.(i) the issue of Temporary Stop Notices in accordance with the provisions of section 171E of the Town & Country Planning Act 1990 (or as may be modified amended or re-enacted)
              (ii) the issue of Enforcement Notices in accordance with the provisions of section 172 of the Town & Country Planning Act 1990 (or as may be modified amended or re-enacted)

              (iii) the issue of Stop Notices in accordance with the provisions of section 183 of the Town & Country Planning Act 1990 (or as may be modified amended or re-enacted)
                (iv) the issue of Breach of Condition Notices in accordance with the provisions of section 187A of the Town & Country Planning Act 1990 (or as may be modified amended or re-enacted)
                  (v) the issue of notices requiring the proper maintenance of land in accordance with the provisions of section 215 of the Town & Country Planning Act 1990 (or as may be modified amended or re-enacted)
                    (vi) authority to waive or relax the requirements of an Enforcement Notice in accordance with section 173A of the Town & Country Planning Act 1990 (or as may be modified amended or re-enacted)
                      (vii) the issuing of hazardous substances contravention notices in accordance with the provisions of section 24 of the Planning (Hazardous Substances) Act 1990 (or as may be modified amended or re-enacted)
                        (viii) the waiving or relaxing of the requirements of hazardous substances contravention notices pursuant to section 24A of the Planning (Hazardous Substances) Act 1990 (or as may be modified amended or re-enacted)
                          (ix) the issue of Listed Building and Conservation Area enforcement notices in accordance with the provisions of section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (or as may be modified amended or re-enacted)
                            (x) the withdrawal or waiver of requirements of Listed Building and Conservation Area enforcement notices in accordance with the provisions of section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (or as may be modified amended or re-enacted)Authority to the Head of Planning Director of Planning & Development in consultation with the Solicitor to the CouncilHead of Legal and Estates Services .
                    226. The determination of applications for Historic Building grants up to a maximum of 550.Director of Planning and DevelopmentHead of Planning, after consultation with the Chairman and Vice-Chairman of the Area Planning CommitteeDevelopment Control Committee.
                        227.To determine whether or not to object to goods vehicle operators licences being granted on the grounds that the operating centre concerned is unsuitable. Director of Planning and DevelopmentHead of Planning, after consultation with a local ward member.
                            228.(i)Institution of legal proceedings in accordance with section 171D of the Town & Country Planning Act 1990 (or as may be amended modified or re-enacted) to prosecute persons liable for an offence of failing to comply with a Planning Contravention Notice issued under section 171C of the said Act

                            (ii)Institution of legal proceedings in accordance with section 330 of the Town & Country Planning Act 1990 (or as may be modified amended or re-enacted) to prosecute persons liable for an offence of failing to comply with a notice requiring information as to interests in land, or of knowingly making any misstatement in respect of it, issued under the aforesaid section of the said Act

                            (iii)Institution of legal proceedings in accordance with section 171G of the Town & Country Planning Act 1990 (or as may be amended modified or re-enacted) to prosecute persons liable for an offence of failing to comply with a Temporary Stop Notice issued under section 171E of the said Act

                            (iv)Institution of legal proceedings in accordance with section 179 of the Town & Country Planning Act 1990 (or as may be amended modified or re-enacted) to prosecute persons liable for an offence of failing to comply with an Enforcement Notice issued under section 172 of the said Act

                            (v)Institution of legal proceedings in accordance with section 187 of the Town & Country Planning Act 1990 (or as may be amended modified or re-enacted) to prosecute persons liable for an offence of failing to comply with a Stop Notice issued under section 183 of the said Act

                            (vi)Institution of legal proceedings in accordance with section 187A of the Town & Country Planning Act 1990 (or as may be amended modified or re-enacted) to prosecute persons liable for an offence of failing to comply with a Breach of Condition Notice issued under section 187A of the said Act

                            (vii)Institution of legal proceedings in accordance with section 189 of the Town & Country Planning Act 1990 (or as may be amended modified or re-enacted) to prosecute persons liable for an offence of failing to comply with an Order made under section 102 of the said Act

                            (viii)Institution of legal proceedings in accordance with section 194 of the Town & Country Planning Act 1990 (or as may be amended modified or re-enacted) to prosecute persons liable for an offence under the aforesaid section in connection with the issue of a certificate under section 191 or 192 of the said Act

                            (ix)Institution of legal proceedings in accordance with section 216 of the Town & Country Planning Act 1990 (or as may be amended modified or re-enacted) to prosecute persons liable for an offence of failing to comply with a notice issued under section 215 of the said Act



                            (x)Institution of legal proceedings in accordance with section 224 of the Town & Country Planning Act 1990 (or as may be amended modified or re-enacted) to prosecute persons liable for an offence of failing to comply with regulations issued under section 220 of the said Act
                            (xi)Institution of legal proceedings in accordance with section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (or as may be modified amended or re-enacted) to prosecute persons liable for an offence of carrying out works without or in breach of consent

                            (xii)Institution of legal proceedings in accordance with section 43 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (or as may be modified amended or re-enacted) to prosecute persons liable for an offence of failing to comply with an enforcement notice

                            (xiii)Institution of legal proceedings in accordance with section 59 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (or as may be modified amended or re-enacted) to prosecute persons liable for an offence of causing damage to a listed building with intent

                            (xiv)Institution of legal proceedings in accordance with section 88B of the Planning (Listed Buildings and Conservation Areas) Act 1990 (or as may be modified amended or re-enacted) to prosecute persons liable for an offence of obstructing entry onto land

                            (xv)Institution of legal proceedings in accordance with section 23 of the Planning (Hazardous Substances) Act 1990 (or as may be modified amended or re-enacted) to prosecute persons liable for an offence of contravening hazardous substances control

                            (xvi)Institution of legal proceedings in accordance with section 36B of the Planning (Hazardous Substances) Act 1990 (or as may be modified amended or re-enacted) to prosecute persons liable for an offence of obstructing entry onto landAuthority given to the Solicitor to the CouncilHead of Legal and Estates Services upon the request of the Director of Planning and DevelopmentHead of Planning
                        229.Formulation of statements required by the Secretary of State under the Town and Country Planning (Compensation and Certificates) Regulations 1974.Solicitor to the CouncilHead of Legal and Estates Services (in consultation with the Chief Executive), after consultation with the Director of Planning and DevelopmentHead of Planning.
                    230. Power to determine applications under the Building Regulations and allied legislation.
                    Director of Planning and Development.
                    Head of Building Control, Engineering and Car Parking
                    231. Authority to take all necessary steps, including the service of statutory notices, to secure the enforcement of and compliance with the Building Regulations. Director of Planning and Development.
                    Head of Building Control, Engineering and Car Parking
                    232. To respond on behalf of the Council to notification by the Mineral Planning Authority of proposals to carry out seismic surveys, exploratory boreholes or other excavations to ascertain the presence of minerals. Director of Planning and DevelopmentHead of Planning, after consultation with the Chairman of the Development Control Committee, the Chairman of the relevant Development Control Sub-Area Planning Committee, members representing the Ward in which the proposed development is situated and the Chairman of the Parish Council.
                    233. The determination of the need for an Environmental Assessment to accompany an application or where a request is received (under paragraphs 5(i) or 9(i) respectively of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988. Director of Planning and DevelopmentHead of Planning, after consultation with the Chairman of the Development Control Area Planning Committee or, in the absence of the Chairman, with the Vice-Chairman of the Development Control Area Planning Committee.
                    234. (i) Power to authorise officers to enter land under sections 196A and 214B of the Town & Country Planning Act 1990 (as amended)
                        (ii) Power to authorise officers duly authorised under sections 214B and 196A of the Town & Country Planning Act 1990 (as amended) to seek a warrant authorising entry upon land under sections 196B and 214C of the said Act
                          (iii) Power to authorise officers to enter land under section 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990
                            (iv) Power to authorise officers duly authorised under section 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to seek a warrant authorising entry upon land under section 88A of the said Act
                              (v) Power to authorise officers to enter land under section 36 of the Planning (Hazardous Substances) Act 1990
                                (vi) Power to authorise officers duly authorised under section 36 of the Planning (Hazardous Substances) Act 1990 to seek a warrant authorising entry upon land under section 36A of the said Act
                            Director of Planning and Development.Head of Planning
                            235. (i) Authority to seek injunctions pursuant to section 187B of the Town & Country Planning Act 1990 (or as may be amended modified or re-enacted) in respect of unauthorised development (whether actual or apprehended) in conflict with the Council’s policies
                                  (ii) Authority to seek injunctions pursuant to section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990 (or as may be amended modified or re-enacted) in respect of actual or apprehended breaches of Listed Building or Conservation Area Control
                                    (iii) Authority to seek injunctions pursuant to section 26A of the Planning (Hazardous Substances) Act 1990 (or as may be amended modified or re-enacted) in respect of actual or apprehended breaches of hazardous substances control. Solicitor to the CouncilHead of Legal and Estates Services upon the request of the Director of Planning and Development Head of Planning
                                    236.Authority to seek injunctions pursuant to section 214A of the Town & Country Planning Act 1990 (or as may be amended modified or re-enacted) in respect of an actual or apprehended offence under section 210 or 211 of the said Act.Solicitor to the CouncilHead of Legal and Estates Services upon the request of the Director of Planning and Development.Head of Planning
                                    237.Provision of a statement of special reasons for the service of a stop notice to take effect less than three days after service, in accordance with Section 184(3)(a) of the Town and Country Planning Act 1990. Director of Planning and DevelopmentHead of Planning, after consultation with the Solicitor to the CouncilHead of Legal and Estates Services (in consultation with the Chief Executive).
                                    238.Authority to determine hedgerow notifications in accordance with the Hedgerow Regulations 1997.Director of Planning and Development.Head of Planning
                                    239.Authority to sign and serve notices under Section 35 of the Local Government (Miscellaneous Provisions) Act 1976 (Powers to Remove Obstructions from Private Sewers)Solicitor to the CouncilHead of Legal and Estates Services (in consultation with the Chief Executive), Strategic Director of Environment and (Leisure and Regulation), Environment ManagerHead of Environmental Health and Community Safety and Environmental Health Manager.
                                    240.Authority to respond to appeals or initiate legal proceedings to recover expenses payable to the Council pursuant to the Council's powers under Section 35 of the Local Government (Miscellaneous Provisions) Act 1976
                                Solicitor to the CouncilHead of Legal and Estates Services .
                                241. Authority to deal with street naming applications under S.17 of the Public Health Act 1925, including making any objection considered necessary.Director of Planning and Development Director of Regulation & Leisure
                                    242.Authority to make ‘Screening Opinions’ and ‘Scoping Opinions’, in accordance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999Director of Planning and DevelopmentHead of Planning
                                *243. The approval of applications for small scale development and other minor proposals for which consent is required which are not in conflict with the Council’s planning policies

                                [Small scale means: all applications for domestic extensions and alterations including outbuildings; the construction or conversion of buildings to form a single dwelling; minor extensions to commercial and institutional buildings. All changes of use except those that are likely to have significant impacts on the environment, e.g. A3 uses, hot food take-aways, public houses and places of entertainment and loss of important town centre, community or village facilities.]Director of Planning and DevelopmentHead of Planning
                                244. Authority to decide not to take enforcement
                                action where unauthorised development
                                accords with the Council's planning policies
                                in the following descriptions of
                                development:-
                                      (i) operational development within the curtilage of existing premises;
                                      (ii) advertisements;
                                      (iii) the construction of walls, fences and other means of enclosure;
                                      (iv) the construction of or alteration to a means of access to a highway;
                                    (v) change of use of a building to a single
                                    dwelling.
                                Director of Planning and Development Head of Planning
                                    245.Power pursuant to section 225 of the Town & Country Planning Act 1990 (or as may be amended modified or re-enacted) to remove or obliterate any placard or poster displayed in contravention of regulations made under section 220 of the said Act.Director of Planning & Development Director of Environment & Strategic Director (Leisure and Regulation)
                                    246. Power to authorise execution of urgent works to preserve listed buildings and buildings in conservation areas pursuant to sections 54 and 76 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (or as may be modified amended or re-enacted) and the recovery of associated expenses pursuant to section 55 of the said Act.Head of Planning Director of Planning & Development
                                247. Approval of details required as a condition of the original planning permission, or listed building consent except where the permission or consent specifically excludes this.Director of Planning & DevelopmentHead of Planning
                                248. Determination of applications where there is a requirement for the Council to enter into legal agreements and the power to authorise such agreements, provided no positive obligations are placed on the Council.Director of Planning & DevelopmentHead of Planning after consultation with the Solicitor to the CouncilHead of Legal and Estates Services (in consultation with the Chief Executive).
                                249. Determination of 'applications' or consultations submitted under Regulation 4 or 5 for small-scale development where the Borough Council is the applicant or where the application is on Council owned land.Director of Planning & DevelopmentHead of Planning
                                250. Authority to issue Temporary Stop NoticesDirector of Planning and DevelopmentHead of Planning in consultation with the Solicitor to the CouncilHead of Legal and Estates Services
                                251. Authority to enter into arrangements with consultants to carry out planning work in relation to Planning Delivery Agreements that developers are willing to fundDirector of Planning and DevelopmentHead of Planning in conjunction with Director of FinanceDeputy Chief Executive
                                    252.Authority to discharge the functions of the local planning authority in respect of applications for Certificates of Appropriate Alternative Development made pursuant to Section 17 of the Land Compensation Act 1961Director of Planning and DevelopmentHead of Planning

                                LICENSING AND REGULATORY COMMITTEE

                                    253. Power to act in respect of the exercise of those powers delegated to the Committee in cases where a decision is required before the Committee next meets.
                                Head of Environmental Health and Community Safety Committee and Member Services on the advice of the relevant Strategic Director(s)(Leisure and Regulation) and after consultation in each case with the Chairman and Vice-Chairman of the Committee.
                                254. Authority to increase automatically fees and charges in line with the anticipated inflation level, rounded, where necessary, to ease collection. Director of Finance, after consultation with the Management Board.Deputy Chief Executive, after consultation with the Corporate Management Team
                                255. Issue of Hackney Carriage and Private Hire Vehicle Licences and Hackney Carriage and Private Hire Drivers’ Licences and Private Hire Operators’ Licences except any applications that reveal convictions for offences that might affect the suitability of a person to hold a licence (Local Government (Miscellaneous Provisions) Act 1976).Head of Committee and Member Services Environmental Health and Community Safety.
                                251. Renewal of Gamekeepers Licences and licences to deal in game and kill game (Game Act 1831 and Game Licences Act 1860).Head of Committee and Member Services.
                                252. Authority to issue new licences to deal in game and kill game, there being no reason for refusal in any caseChief Executive, after consultation with the Environmental Health Manager
                                256. Renewal of licences to keep pet shops (Pet Animals Act 1951).Environment Manager Head of Environmental Health and Community Safety .
                                257. Registration and licensing of premises under the Rag Flock and other Filling Materials Act 1951.Environment Manager Head of Environmental Health and Community Safety .
                                258. Registration of persons as distributors of milk and for the sale and storage of ice cream (Food Act 1984). Environment Manager
                                259. Registration of acupuncturists, tattooists, ear-piercers and electrolysis establishments (Local Government (Miscellaneous Provisions) Act 1982).Environment Manager Head of Environmental Health and Community Safety .
                                260. Renewal of licences to keep animal boarding establishments (Animal Boarding Establishments Act 1963). Environment Manager Head of Environmental Health and Community Safety .
                                261. Registration and issue of permits for small lotteries (Betting, Gaming and Lotteries Act 1963 and Gambling Act 2005)Head of Environmental Health and Community Safety Committee and Member Services.
                                262. Registration of pools promoters (Betting, Gaming and Lotteries Act 1963).Head of Committee and Member Services. Environmental Health and Community Safety
                                263. Appointment of accountants in respect of each registration as pools promoter and recovery of fees of accountant from respective pools promoter (Betting, Gaming and Lotteries Act 1963).Director of Finance Deputy Chief Executive
                                264. Registration of scrap metal merchants (Scrap Metal Dealers Act 1964).Environment Manager Head of Environmental Health and Community Safety .
                                265. Renewal of licences for Riding Establishments (Riding Establishments Acts 1964 and 1970). Environment Manager Head of Environmental Health and Community Safety .
                                263. Power to deal with notices served on the Council that application is being made to the Justices for grant/renewal of Club Registration Certificate (Licensing Act 1964).Head of Committee and Member Services, after consultation with Director of Planning and Development.
                                264. Power to deal with notices served on the Council that application has been made to the Justices for the grant/ transfer/ renewal of Justices On-Licences and Part IV Licences (Restaurants, Guest Houses etc.) (Licensing Act 1964). Head of Committee and Member Services, after consultation with the Chairman and Vice-Chairman of the Committee, Director of Planning and Development and Environment Manager.
                                265. Power to deal with notices served on the Council that application has been made to the Justices for the grant/ renewal/transfer of licences issued under Schedule 2 of the Gaming Act 1968. Head of Committee and Member Services.
                                266. Power to deal with routine renewals of permits for use of machines for gaming by way of amusements with prizes. (Gambling Act 2005)Head of Committee and Member Services.Environmental Health and Community Safety
                                267. Power to issue licences to keep establishments for the breeding of dogs (Breeding of Dogs Act 1973). Environment Manager Head of Environmental Health and Community Safety , after consultation with local members.
                                268. Power to deal with applications under the Dangerous Wild Animals Act 1976, including the appointment of a veterinary surgeon or practitioner on a consultancy basis. Environment Manager Head of Environmental Health and Community Safety .
                                269. Authority to determine applications for consent to use loudspeakers in the street.Strategic Director of Environment and (Leisure and Regulation), after consultation with the Chairman and Vice-Chairman of the Committee.
                                270. Authority to give notice to the keeper of take-away food premises that it is proposed to issue a Closing Order in respect of such premises.Environmental Health Officers.
                                271. Authority to agree the fees to be charged for outdoor large events, including concerts, such fees to take account of the cost of administering the respective applications, including the costs of engaging any specialist consultants to advise on the applications.Head of Committee and Member Services Environmental Health and Community Safety, after consultation with the Deputy Chief Executive and the Chairman and Vice-Chairman of the Committee.
                                272. The management of Street and House-to-House Collections where the application is of a routine and regular nature.Senior Licensing Officer.
                                273. Authority to deal with and approve applications made to Waverley under the Vehicle (Crime) Act 2001, except that any recommendation to refuse or cancel registration be referred to the Licensing and Regulatory Committee or Licensing (General Purposes) Sub-Committee for determinationHead of Environmental Services Health and Community Safety
                                274. Application for personal licence - if no objection madeHead of Committee and Member Services. Environmental Health and Community Safety
                                275. Application for premises licence/ club premises certificate - if no representation madeHead of Committee and Member Services. Environmental Health and Community Safety
                                276. Authority to issue refunds under the Licensing Act 2003Head of Environmental Health and Community Safety Committee and Member Services after consultation with the Director of FinanceDeputy Chief Executive
                                277. Application for provisional statement - if no representation madeHead of Environmental Health and Community SafetyCommittee and Member Services.
                                278. Application to vary premises licence/ club registration - if no representation made.Chief Executive Strategic Director (Leisure and Regulation)
                                279. Application to vary designated personal licence holder - all other casesHead of Environmental Health and Community Safety Committee and Member Services.
                                280. Application for transfer of premises licence - all other casesHead of Environmental Health and Community Safety Committee and Member Services.
                                281. Application for Interim Authorities - all other casesHead of Environmental Health and Community Safety Committee and Member Services.
                                282. Decision on whether a complaint is irrelevant, frivolous, vexatious, etc.Head of Environmental Health and Community Safety Committee and Member Services.
                                283. Authority for the purposes of administration and enforcement (including legal proceedings) under the Town Police Clauses Act 1847 the Transport Act 1980 and Part II of the Local Government (Miscellaneous Provisions) Act 1976, the Local Government (Miscellaneous Provisions) Act 1982, Theatres Act 1968 and Cinemas Act 1985 in order to deal appropriately with matters arising from the licensing of people, vehicles and premisesHead of Environmental Health and Community Safety Committee and Member Services, Democratic Services Manager, Senior Licensing Officer, Licensing Enforcement Officer
                                284. Authority for purposes of administrative, enforcement and powers of entry under the Licensing Act 2003 for the following:-
                                Section 33: Licensee failure to notify change of name or address.

                                Section 40: Failure to notify former designated premises supervisor of change to new designated premises supervisor.

                                Section 41: Failure of former designated premises supervisor (removed at their own request) to surrender premises licence or provide a statement explaining failure to do so.

                                Section 46: Failure to give notice of transfer to designated premises supervisor.

                                Section 49: Failure to notify designated premises supervisor of interim authority notice.

                                Section 56: Failure to produce premises licence to Licensing Authority when required to do so.

                                Section 57: Failure to hold or produce (a copy of) the licence and or failure to display a summary thereof.

                                Section 59: Entry into premises the subject of an application and action to respond to obstruction of an officer requiring such entry.

                                Section 82/83: Failure to notify change of club name or rules or registered address.

                                Section 93/94: Failure to surrender club premises certificate for updating on request, or give notice of who keeps the certificate, or produce it on request.

                                Section 96: Entry on to premises subject to application for club premises certificate for inspection and action to respond to obstruction of an officer requiring such entry.

                                Section 108: Entry on premises referred to in a temporary event licence for assessment of effect on crime prevention objective and action to respond to obstruction of an officer requiring such entry.

                                Section 109: Failure to display or to produce temporary event notice on request.

                                Section 123: Failure to notify Licensing Authority of conviction for relevant or foreign offence.


                                Sections 127, 128 and 132: Failure to notify authority change of address or name of personal licence holder, or court of personal licence being held, or authority of convictions.

                                Section 134: Failure to produce personal licence to Licensing Authority for endorsement of conviction on request.

                                Section 135: Failure to produce personal licence when on premises and requested to do so.

                                Part 7: Any assessment or investigation or other action required for the prevention, detection or prosecution of offences referred to in Sections 136 to 158, Part 7 of the Act (or such other offences as may be included by statutory amendment in Part 7 or as are of a similar character).

                                Sections 160, 161 and 165: Permitting premises to be open in contravention of a closure order (or any extension of it) or

                                Section 168: while subject to review.

                                Section 179: Rights of entry on premises believed to be in use or about to be used for a licensable activity with a view to seeing whether activity is or is about to be carried on under and in accordance with an authorisation.
                                Head of Environmental Health and Community Safety Committee and Member Services, Senior Licensing Officer, Licensing Enforcement Officer.
                                285. Undertaking activities for the purpose of assessing compliance with a provision of the legislation or whether an offence is being committed under or by virtue of the Act (Section 305 of the Gambling Act 2005)Chief Executive, Head of Committee and Member Services
                                Strategic Director (Leisure and Regulation), Head of Environmental Health and Community Safety,
                                Senior Licensing Officer
                                Licensing Enforcement Officer
                                286. Power to enter premises on grounds of reasonable suspicion of an offence being, or about to be, committed on the premises (Section 306 of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services Head of Environmental Health and Community Safety,
                                Senior Licensing Officer
                                Licensing Enforcement Officer
                                287. Power to enter a premises for the purposes of inspection to determine whether facilities for gambling are provided, or to determine whether a valid premises licence is held and is being complied with (Section 307 of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                288. Power to enter a Family Entertainment Centre for a purpose connected with the consideration of an application for a family entertainment centre gaming machine permit (Section 309(1) of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                289. Power to enter premises in respect of which a family entertainment centre gaming machine permit has effect for the purpose of determining whether the gaming machines used, and the arrangements for their use, comply with the law (Section 309(2) of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                290. Power to enter premises licensed for alcohol for a purpose connected with the consideration of an application for a licensed premises gaming machine permit (Section 310(1) of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                291. Power to enter premises licensed for alcohol for the purpose of checking compliance with the law in respect of gaming, bingo and gaming machines (Section 310(2) of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                292. Power to enter premises for a purpose connected with the consideration of an application for a prize gaming permit (Section 311(1) of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                293. Power to enter premises in respect of which a prize gaming permit has effect for the purpose of determining whether the prize gaming on the premises complies with the law (Section 311(2) of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                294. Power to enter premises to which section 312 of the Act relates for the purposes of determining whether gaming is taking, or is about to, take place on the premises, and to determine whether any gaming that is taking, or is about to, take place on the premises is in accordance with section 269 of the Act, a club gaming permit or a club machine permit (Section 312(1) of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                295. Power to enter premises for a purpose connected with consideration of an application of an application for a club gaming permit or club machine permit (Section 312(4) of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                296. Power to enter premises in respect of which an application for a premises licence has been made for the purpose of assessing the likely effect of an activity carried on in reliance on the premises licence (Section 313(1) of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                297. Power to enter premises where a premises licence has effect for a purpose connected with a review under section 201 of the Act (Section 313(2) of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                298. Power to enter premises owned or used by a registered society for the purposes of making inquiries in respect of a lottery promoted on behalf of the society (Section 314 of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                299. Power to enter premises in respect of which a Temporary Use Notice has been given for the purpose of assessing the likely impact of the Notice (Section 315(1) of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                300. Power to enter premises in respect of which a Temporary Use Notice has effect to determine whether an activity listed in section 37(1) of the Act is being carried on otherwise than in accordance with the Notice (Section 315(2) of the Gambling Act 2005)Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer
                                    301. Power to inspect, question, gain access to records, copy records, remove and retain materials if believed to constitute evidence of an offence or breach of licence conditions, remove and retain anything reasonably believed to have been used in the commission of an offence (Section 317 of the Gambling Act 2005)
                                Chief Executive
                                Head of Committee and Member Services
                                Head of Environmental Health and Community Safety, Senior Licensing Officer, Licensing Enforcement Officer