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Waverley Borough Council Committee System - Committee Document

Meeting of the Council held on 18/02/2003


List of Legislation covered by the Council’s Enforcement Policy

Building Control

The Building Regulations 2000

This is a procedural and legal document, which identifies in Schedule 1 the various functional requirements of the regulations with which building work (including change of use) must comply. Listed under Schedule 2 are works that are exempt from Building Regulations. The Department of the Environment has published Approved documents to give guidance to designers to achieve compliance with the functional requirements of the Building Regulations.

The Building (Approved Inspector) Regulations 2000

The Building (Local Authority Charges) Regulations 1998

Local Government (Miscellaneous Provisions) Act 1982

Section 29 deals with the protection of buildings.

Building Act 1984

imposes general requirements associated with drainage and other works.

dangerous structures.

means of escape and raising of chimneys.

control of demolitions.

Public Health Act 1925

Contains provisions relating to street naming and numbering.

Environmental Health

Animal Boarding Establishments Act 1963

Licensing of kennels, catteries etc to ensure animal welfare.

Breeding of Dogs Act 1973, 1991 Breeding and Sale of Dogs Act 1999.

Licensing of dog breeders to ensure animal welfare.

Building Act 1984

Defective premises provision (S.76); premises in such state as to be prejudicial to health or a nuisance. Defective drainage.

Caravan Site and Control of Development Act 1960

Licensing of caravan sites.

Clear Air Act 1993

Smoke control areas and prior approval of furnaces with reference to smoke, grit and dust emissions and chimney height.

Control of Pollution Act 1974

Designation of noise abatement zones; notices regarding noise on construction sites, controls regarding loud speakers on street.

Dangerous Wild Animals Act 1976

Licenses to keep scheduled dangerous wild animals covering public safety and animal welfare.

Dangerous Dogs Act 1991

Criminal procedure. Creates an offence of a dog being dangerously out of control in a public place. Guilty party can be fined and imprisoned. Dog may be destroyed.

Dogs Act 1871

Civil procedure. Complaint may be made about a dog being dangerous or out of control. Court may place order on the dog or have discretion to have it destroyed.

Dangerous Dogs Act 1989

Extends powers of the 1871 Act and creates an offence if there is a failure to comply with the control order made under the 1871 Act.

Dogs (Fouling of Land) Act 1996

Designation of land. Powers to prosecute for dog fouling.

Environmental Protection Act 1990

Authorisation of prescribed industrial processes with reference to air pollution (Part 1).

Reactive and anticipatory controls over statutory nuisance: smell, smoke, noise, contaminated land etc (Part 3).

Penalties for dropping litter in specified areas including designated litter control areas; duty on specified occupiers to keep land clear of litter; power to seize abandoned supermarket trolleys (Part 4).

Duty to appoint an officer to be responsible for stray dogs (Part 8).

Environment Act 1995

Review the quality of air and designate air quality management areas.

Factories Act 1961

Controls on health and safety at work.

Food Environment Protection Act 1985

Controls over the scale, storage and use of pesticides.

Food Safety Act 1990

Controls in relation to contaminated food.
Health and Safety at Work Act 1974

Duty on all employers to ensure so far as is reasonably practicable the health, safety and welfare at work of all employees in non-industrial premises, excluding educational establishments.

Housing Act 1985

Functions in relation to houses in multiple occupancy (HMOs); standards of fitness in houses in the private sector including the private rented sector.

Local Government (Miscellaneous Provisions) Acts 1976 and 1982

Power to require details of ownership or occupiers of premises. Controls over skin piercing activities (e.g. tattooists, ear piercing).

Offices, Shops and Railway Premises Act 1963

Control on health and safety at work. Registration of such premises.

Pet Animals Act 1951

Licensing and control of pet shops, etc to ensure animal welfare.

Public Health Acts 1936 and 1961

Controls over a large variety of matters that can affect public health including remedial action regarding overflowing cesspools causing a nuisance.

Pollution Prevention and Controls Act 1999

Controls over emissions of particular descriptions.

Public Health (Control of Diseases) Act 1984

• Responsibility for receipt of notification of notifiable diseases including food poisoning and ensuring control.

Prevention of Damage by Pests Act 1949

Service of notices to effect measures to control vermin including structural repairs and other works as well as control measures. Default powers; powers of entry.

Noise and Statutory Nuisance Act 1993

Offences causing noise in the street (as distinct from in premises).

Riding Establishments Act 1964

Licensing and control of premises where horses are hired out for riding to ensure animal welfare.

Water Industries Act 1991

Control of and sampling private water supplies.

Zoo Licensing Act 1981

Licensing of zoos covering public safety and animal welfare.

Other Licensing Functions

Lotteries and Amusement Act 1976

Gaming Act 1968
Theatres Act 1968

Cinema Act 1985 Cinematograph Acts

Betting and Gaming Act 1963

Licensing Act 1964

Safety of Sports Grounds Act 1975

Town and Country Planning

Town and Country Planning Act 1990

This is the principal Act, and deals with the preparation of development plans, the control of development and enforcement. In addition, the Act concerns itself with special controls (over trees, advertisement and untidy land) as well as a variety of general provisions on matters of compensation, acquisition and highways.

Planning (Listed Building and Conservation Areas) Act 1990


Planning (Hazardous Substances) Act 1990

This Act requires hazardous substances consent to be obtained for the presence of hazardous substances at or above specific amounts. The purpose of the Act is to ensure that such substances are only kept or used in significant amounts after an assessment has been made of the degree of risk arising to persons in the surrounding area.

Planning and Compensation Act 1991

This Act amends those mentioned above and introduces a number of controls. These include extended and strengthened enforcement powers and the introduction of lawful development certificates; also, it gives effect to the requirement that planning decisions accord with the development plan unless material considerations indicate otherwise.

The Town and Country Planning (Use Classes) Order 1987

The Order contains a number of different classes of use such as:

Class A1: Shops
Class A2: Financial and
Professional Services
Class A3: Food and Drink
Class B1: Business
Class B2: General industry, etc
and provides that a change of use within each class does not require planning permission. A change from one class to another is likely to require a planning permission, although this will not necessarily be so. Not every use of land is classified by the order, some uses are expressly excluded and others are not contained within any class.

The Town and Country Planning (Control of Advertisements) Regulations 1992

These Regulations enable local planning authorities to control the display of outdoor advertisements in the interests of amenity and public safety. The Regulations enable a wide range of routine advertisements to be displayed with ‘deemed consent’ granted by the Secretary of State.

Town and Country Planning (General Permitted Development) Order 1995

The general Development Order grants planning permission for 33 classes of development. Many of these classes are sub-divided with a result that for a wide variety of developments, there is no need to apply to the Council for specific planning permission. The permissions are subject to certain limitations and conditions. The permissions conveyed by the Order are generally referred to as permitted development.

Countryside Hedgerow Regulations 1997

Protection of important rural hedgerows.

Other Legislation

Law of Property Act 1925

Section 193: rights and limitations on common land. Includes issue of licences.

Smoke Detectors Act 1991

Provisions to ensure all new dwellings have smoke detectors.


Licences cont

Riding Establishments Act 1994

Private Places of Entertainment Act 1967

Licensing of Hackney Carriages and private hire vehicles under Town Police Clauses Act 1847 and Local Government Miscellaneous Provisions Ac 1976


Local Government Finance Act 1988

These regulations enable Local Authorities to collect and enforce Non-Domestic Rates

Local Government Finance Act 1992

These regulations enable Local Authorities to collect and enforce Council Tax.

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