Executive Director (Economy and Environment)

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Council Constitution

Part 3a - Terms of Reference and Scheme of Delegation

I. Executive Director (Economy and Environment)

I1. Operations and Performance

The serving and advertising of Notices, the granting of Privileges, Licences, Permits and Consents, relating to highways and public car parks within Council Policy.
To adopt highways on behalf of the Council.
To exercise the Council’s powers and duties in relation to the safety of reservoirs.
To institute action in regard to dangerous excavations and dangerous trees on the highway.
The service of Notices and the executive of works under the appropriate sections of the Public Health Act 1961, the Building Act 1984, the Local Government (Miscellaneous Provisions) Act 1976, the Highways Act 1980, the New Roads and Street Works Act 1991 and the Environmental Protection Act 1990.
To propose and advertise Orders under the provisions of the Road Traffic Regulation Act 1984 (as amended), following appropriate consultations and to make such Orders, where there are no objections, and to give Notices and make Orders under Section 14 of the 1984 Act and the Town Police Clauses Act 1847.
To determine requests for the erection of bollards to prevent ram raiding in accordance with Section 115(b) of the Highways Act 1980, providing there is no cost to the Council.
The removal, storage and disposal of abandoned vehicles under the refuse Disposal (Amenity) Act 1978.
To negotiate, vary and amend charges for skip hire and to determine fees and charges in line with inflation, market factors and budget decisions.
To authorise Council enforcement officers (Who may be from any service area) to carry out enforcement powers in accordance with the Local Authorities (Function and responsibilities) England (Amendment No 2) Regulations 2006 and the Health Act 2006

I2. Environmental Health

The grant or renewal of Licences relating to hackney carriages and private hire, and the refusal of such Licences where an application is made within 12 months of any suspension, revocation or refusal of such Licence in relation to the same applicant where circumstances remain unchanged, but otherwise not the refusal or revocation of such Licence.
The suspension of a hackney carriage or private hire driver’s licence of any driver who appears to have falsely completed a Statutory Declaration or Driver’s Application form, or where a driver fails a medical examination undertaken in accordance with the Council’s licensing conditions, or where a serious breach of licensing conditions has occurred, such suspensions can be considered at the following ordinary meeting of the Speakers Panel.
In consultation with the Chair of Speakers Panel (Licensing) or in his absence a Deputy Chair and the Borough Solicitor, to suspend or revoke a Hackney Carriage or Private Hire Drivers Licence, of any driver who is in breach of the Council’s Licensing Conditions, such decisions to be reported to the next meeting.
The issue of permits for minibuses and special events vehicles.
To submit following consultation with the Borough Solicitor, objections in connection with applications relating to operators licenses where it appears that the grant or variation of such a licence would be prejudicial to the public intrest on environmental, traffic or highway grounds.
The issue, renewal, variation and transfer of all individual licence applications in respect of those licences listed below in the absence of objections and subject to appropriate conditions:-

Betting and Gaming Permits including:-
- Amusements with prizes
- Small Lotteries
- Pools Promoters
- Betting Tracks
- Gaming machines in alcohol licensed premised
- Gaming machines for members clubs
- Other gaming activities in members clubs
- Category D machines in unlicensed family entertainment centres
- Prize gaming
- Premises licences for the following activities: bingo; betting; adult gaming centres; family entertainment centres; casinos; horse racing and dog tracks
Charitable Collection Permits including:-
- Street Collections
- House to House Collections
Other Licences and Permits
- Highway Amenity Licences (Pavement Cafes)
- Premises Licences
- Personal Licences
- Club Premises Certificates
- Provisional Statements
- Sports Stadia Licences
- Indoor Sports Licences
- Safety Certificates and Special Certificates pursuant to Fire Safety and Places of Sports Act 1987 Part III
- Game Licences
- Street Trading
- Sex Establishment Licences in consultation with the Chair of Speakers Panel (Licensing)
The relaxation of the requirements for not less than 28 days notice, of an application for the grant of premises, personal, sports stadia and indoor licence and club premises certificate in appropriate cases, subject to consultation with the Police and Fire and Rescue Authorities.
In conjunction with the Proper Officer for the registration of births, deaths and marriages etc., to grant, refuse, revoke, renew, make conditions and administer the procedure relating to the use of premises as a venue for civil marriages under the appropriate sections of the Marriage Act 1949 (as amended by the Marriage Act 1994), and the Marriages (Approved Premises) Regulations 1995.
The service of Notices under the appropriate Sections of the Public Health Act 1936, the Public Health Act 1961, the Public Health (Recurring Nuisances) Act 1969, the Prevention of Damage by Pests Act 1949, the Control of Pollution Act 1974, Health and Safety at Work Act 1974, the Poisons Act 1972, the Building Act 1984, the Environmental Protection Act 1990, Food Safety Act 1990, the Environment Act 1995, the Noise and Statutory Nuisance Act 1993, and any other relevant legislation, and legislation relating to trading standards and consumer safety, and Notices requiring the provision of sanitary appliances at places of entertainment together with any designated Air Quality Management Areas designated under the Environment Act 1995.
The issue or renewal of licences and registrations of, and for, persons, premises and vehicles in connection with second hand goods, scrap metal, riding establishments, rag flock, pet shops, food, animal breeding and boarding, hairdressers, barbers, ear piercing, motor salvage operators, acupuncture, tattooing, electrolysis, game dealers, dangerous wild animals, guard dogs, animal health, street trading, poisons, offensive trades, pleasure boats and boatmen, or any other licences or registration as may be issued by the Council from time to time
To investigate and take enforcement action in accordance with Schedule 2 of the Sunday Trading Act 1994.
Approvals and acceptances and the making of prescribed grants under the Clean Air Act 1993, where the requirements of grant have been complied with in all aspects, and the making of 100% grants where merited.
The service of Notices and the issue of prior consents in connection with Sections 60 and 61 of the Control of Pollution Act 1974.
The making of representations to the Environment Agency following consultation with the Chair and Deputy Chairs of the Speakers Panel (Licensing) on any applications for Waste Regulation Licences subject to Ward Members being informed of such applications.
The compilation of a Register of Noise Levels in connection with Sections 60 and 61 of the Control of Pollution Act 1974, and the issue of consent for variance of recorded noise levels under Section 65 of that Act.
The making of arrangements with the Health and Safety Executive under the Health and Safety (Enforcing Authority) Regulations 1998.
To negotiate, vary and amend charges in respect of all areas of service provision falling within his/her remit.
The removal, storage and disposal of other refuse under the Refuse Disposal (Amenity) Act 1978, the Control of Pollution Act 1974 and the Environmental Protection Act 1990, as appropriate.
In accordance with arrangements agreed with the Borough Solicitor, the grant of exclusive rights of burial or the issue of other documents or grants and the keeping or records in connection with the management of cemeteries and the crematorium.
To appoint a Public and Agricultural Analyst under the Food Safety Act 1990 Section and Agriculture Act 1970.

I3. Planning and Development

To determine planning, Listed Building, Conservation Area Consent and advertisement applications except where the application:-
1. is a major development as defined in the Town and Country Planning (General Development Procedure) Order 1995;
2. is a departure from the Development Plan and is recommended for approval;
3. is by a Member or Officer of the Council;
4. is by an Officer of the Council employed in the Planning and Building Control Services or who has an involvement in the planning process;
5. is one where a Member considers that delegated powers should not be exercised by the Head of Planning, in which case the Member must notify the Head of Planning in writing, stating the reasons why s/he should not determine the application;
6. is a non-householder an application on which a Member, objector or applicant wishes to address the Speakers Panel (Planning). At least one week’s notice of such an intention shall be provided in writing to the Head of Planning, who shall also invite a representative of any opposing point of view to the Panel. This does not apply to householder applications or applications for advertising consent.
To determine applications to fell, lop or prune individual trees or groups of trees, or hedgerows, and to approve applications to fell woodlands where they are subject to Tree Preservation Orders, and to impose conditions in granting approvals.
To determine all Building Regulations applications.
To institute action in respect of dangerous, defective or unsightly places, buildings or structures and trees.
To institute any action necessary to secure unoccupied houses against unauthorised entry where there is a danger or potential danger.
To exercise the Council’s powers under Section 10 of the Safety of Sports Grounds Act 1975, in respect of serious risks to spectators at sports grounds.
To institute action and carry out work in default under the Building Act 1984, and the Fire Safety at Places of Sport Act 1987.
To exercise the Council’s powers for control of demolition, in accordance with the provisions of Sections 80 and 81 of the Building Act 1984.
To determine whether prior approval is required under the Town and Country Planning Act 1990 in respect of agricultural buildings and development.
To serve Planning Contravention Notices where it appears that a contravention of planning control has taken place.
To determine whether prior approval is required for the demolition of a building, and to determine any consequent request for approval of the detailed proposals for demolition and restoration of the site.
To determine whether prior approval is required for the erection of radio masts or towers, radio equipment housing, call boxes or other telecommunications equipment.
To make provisional Tree Preservation Orders and to confirm them when they are unopposed.
To issue Breach of Condition Notices, Planning Enforcement Notices, Stop Notices and Temporary Stop Notices, in consultation with the Borough Solicitor.
To determine whether proposed variations to proposals and detailed matters after planning permission has been granted, require the submission of a fresh planning application.
To exercise the Council’s powers under Section 70 (a) of the Town and Country Planning Act 1990, by declining to determine an application for planning permission for the development of any land where, within a period of two years, ending with the date on which the application is received, the Secretary of State has refused a similar application referred to him under Section 77, or has dismissed an appeal against the refusal of a similar application, and where, in the opinion of the Head of Planning, there has been no significant change since the refusal or dismissal in the Development Plan or in any other material considerations.
The consideration, approval and payment of grants in respect of Listed Buildings and Conservation Areas.
To review, monitor and where appropriate adopt the designation of Sites of Biological Importance and bring to the attention of the Speakers Panel (Planning) and the appropriate District Assembly any revisions to such designations.
To approve, in consultation with the appropriate Cabinet Deputy, the Derelict Land Programme on an annual basis.
To determine the need for an Environmental Impact Assessment under the Town and Country Planning (Environmental Impact Assessment) Regulations 1999.
To exercise the Council’s powers in respect of high hedges as proved by the Anti-Social Behaviour Act 2003.

I4. Property

The operation and management of indoor and outdoor markets including:-
1. the letting of indoor and outdoor market stalls/spaces;
2. the general administration of markets throughout the Borough;
3. occasional sales events, including car boot sales, table top sales and fairs;
4. the cleanliness of market grounds and the taking of appropriate action against stall holders breaching these conditions.
The negotiation and acceptance of terms for the granting, renewing, reviewing, varying or assignment of leases, underleases, tenancies, licences and any other interest in Council property.
The general administration and control of the Authority’s land and property holdings and the achievement of the best economic and social use of lands and buildings, for the purposes of achieving the Council’s priorities.
The service of Notices to Quit.
In conjunction with the Borough Solicitor, to deal with all elements of the implementation of Compulsory Purchase Orders.
The acquisition of land and buildings within confirmed Compulsory Purchase Orders and also the purchase in advance of such compulsory acquisition where the authority has resolved to make a Compulsory Purchase Order providing the payments do not exceed the assessed entitlement to compensation.
Discretionary advance payments of compensation in respect of purchases of land or premises where compensation is assessed as if there was a confirmed Compulsory Purchase Order.
The payment of statutory compensation arising out of decisions and activities of the Council, including payment of home loss and disturbance payments.
The acquisition of land or buildings.
The approval of the sale or exchange of land and buildings.
The approval of Surrender of Agreement made with the Council.
To make minor amendments to the Terms of Transactions in land and property already approved by the Council.
The acquisition of easements, licences, rights or leases.
The purchase of ground rent and chief rents secured on land held by the Council.
The making of proposals for amendment of the Valuation List where it is considered an assessment of a Council owned hereditament to be incorrect or excessive.
The approval or alteration to demised premises or details of development on demised land subject to consultation with the Head of Planning where the Council’s consent is so required under the provisions of a lease.
The sale of acquired properties and mortgage repossessions.
In circumstances where remedial work has been undertaken by the Council to the exposed gable of property, following the demolition of adjacent property, the sale, for a nominal consideration, of the land used for the construction of the new gable wall, to the adjacent property owners.
Management and letting of facilities management buildings in line with agreed protocols. This includes full responsibility for and control of servicing, maintenance, space management, cleaning and security.
The letting and use of Council land for fairgrounds and car boot sales and responsibility for public safety in connection with fairgrounds following consultation with the Cabinet Deputy (Technical Services) the Executive Director (Community Services) and other appropriate Officers from the Senior Management Team.
The production and implementation of the Corporate Asset Management Plan for the Council's land and buildings in conjunction with services which manage buildings and land.

I5. Housing and Community Regeneration

The approval of mandatory Disabled Facilities Grants under the Housing Acts and other discretinary assistance as set out in the Council's Private Sector Housing Policy under the Regulatory Reform (Housing Assistant) (England and Wales) Order 2002.
The serving (or otherwise) of Orders, Notices or other statuitory instruments in relation to housing matters in consultation with the Borough Solicitor and the Borough Treasurer (where appropriate).
The waiving of repayment arrangements or grant conditions, where properties are included in Group Repair/Block Schemes and the issuing of demands for repayment of financial assistance given for repair and improvement of houses where conditions have been breached.
The instigation of injunctions and/or other civil or criminal remedies, necessary to secure the effective management of neighbour or other nuisance issues, or other matters relating to private tenant relationships with their landlords, following consultation with the Borough Solicitor.
The serving of Notices and the undertaking of other appropriate enforcement action under the relevant Sections of the Public Health Acts, Building Act 1984, Housing Act, Environmental Protection Act 1990, Noise Act 1996, Health and Safety at Work Act 1974 and any other associated or subsequent legislation.
The promotion of Compulsory Purchase Orders in respect of long term empty properties.
The determination of applications for financial assistance.
To consider and approve applications for the provision of aids and adaptations.
To agree any exemptions to the Council’s standards for Housing in Multiple Occupation, following consultation with the Cabinet Deputy (Personal and Community Services).
The Executive Director (Economy and Environment) and/or any authorised representative to appoint and remove Civil Enforcement Officers and to cancel penalty charge notices issued by Civil Enforcement Officers.

I6. District Assemblies

The allocation of sports facilities on parks and open spaces.
The letting and management of allotments.
To determine the opening hours of public parks under the ownership of the Council.
Maintenance and future applications in respect of Britain in Bloom.
To assess and approve applications for cultural events on Council land in consultation with the Executive Director (Economy and Environment).
Management and maintenance of play areas.
To determine applications to hold events in parks and open spaces.
Management and maintenance of public conveniences including the determination of opening hours.
To determine matters relating to the display of notices and posters in parks and open spaces.
To approve the allocation of adopted local roads additional monies in consultation with the appropriate District Assembly Chair.

Page last updated: 14 July 2009