Planning protocols - Scheme of Delegation for Determining Planning Applications

Introduction 

The key objective of this scheme is to provide clarity about the circumstances in which applications will be dealt with using delegated powers, referred to Planning Consultation Group (PCG) or referred to Planning Committee.

Any Member of the Council is able to request that applications are considered by Planning Committee. To aid this process there will be a standard form for Members to use to submit requests for items that they wish to be decided by Committee. This will require that planning grounds are given for such a request. The completed form will be added to the application file.

In the interest of transparency, the Officer report to PCG will have a section summarising any relevant issues arising from the discussion at PCG and noting any specific points that Members wish to be recorded. This report will be added to the application file and will be available for inspection as a record of the considerations taken into account in determining the application.

The scheme of delegation sets out the criteria to be used to determine:

  • The circumstances in which delegates powers can be used;
  • The applications that should automatically be referred to PCG;
  • The applications that should automatically be referred to Planning Committee. 

When considering applications that do not obviously meet these criteria. Officers will use their judgement to determine whether the applications raise issues that justify consideration at PCG or Committee.

The scheme of delegation for determining planning applications, and related matters as approved by Planning Committee, is set out below.

Extent of delegation to Officers

Officers will have the following delegated powers. 

Determination of applications for permission, approval or consent, requirements for assessment, issuing of notices and completion or modification of agreements or obligations under the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990, the Planning and Compensation Act 1991 and the Environment Act 1995, or any subordinate rules, orders or regulations made under such legislation.

Officers will also have delegated powers to determine all other matters required to be dealt with as part of the management and administration of the Council’s Planning function and powers, including (but not exclusively):

  • Amendments to approved plans; 
  • Details submitted pursuant to conditions;
  • Consultation with other bodies on planning matters;
  • Enforcement of planning control (in consultation with the Head of Legal and Democratic Services);
  • Appeals; 
  • Screening opinions under the 1999 Environmental Assessment Regulations.

Applications that should automatically be referred to Planning Consultation Group (PCG) for consideration:

  • Applications made by elected Members of the Council or by Officers of the Council or close relatives. 
  • County Matter Applications 
  • Applications where a request is made by an elected Member of the Council, on planning grounds, that an application be decided by the Planning Committee;
  • Applications that have received at least one valid objection on valid planning ground where the recommendation is to grant permission; 
  • Applications subject to a Parish Council objection on valid planning grounds where the recommendation is to grant permission or applications explicitly supported by the Parish Council where the recommendation is to refuse; 
  • Applications where the recommendation is to grant where there are issues of concern raised by a Statutory Consultee;
  • Applications for material amendments to applications previously approved at Planning Committee; 
  • Applications to vary conditions on applications previously approved at Planning Committee;
  • Applications for reserved matters following outline approval at Planning Committee.
  • Confirmation of tree preservation or other orders or directions, which are the subject of a valid objection. 

Applications that should automatically be referred to Planning Committee

  • The recommendation is to approve where there are issues of principle raised within an object from a Statutory Consultee,
  • Major Applications that require referral to the Secretary of State;
  • Applications accompanied by an Environmental Impact Assessment; 
  • Applications for residential development or conversions of 20 or more dwellings in Harworth, Worksop and Retford, or 10 or more dwellings elsewhere; 
  • Employment proposals classified as major schemes not within an existing employment site; 
  • Free standing chimneys, towers, masts or similar structures, other than structures intended for removal within less than 1 year, higher than 20 metres. In the case of turbines the height refers to the height of the turbine hub. 

Bassetlaw District Council

August 2011

 

 


Last Updated on Friday, November 01, 2019

Introduction 

The key objective of this scheme is to provide clarity about the circumstances in which applications will be dealt with using delegated powers, referred to Planning Consultation Group (PCG) or referred to Planning Committee.

Any Member of the Council is able to request that applications are considered by Planning Committee. To aid this process there will be a standard form for Members to use to submit requests for items that they wish to be decided by Committee. This will require that planning grounds are given for such a request. The completed form will be added to the application file.

In the interest of transparency, the Officer report to PCG will have a section summarising any relevant issues arising from the discussion at PCG and noting any specific points that Members wish to be recorded. This report will be added to the application file and will be available for inspection as a record of the considerations taken into account in determining the application.

The scheme of delegation sets out the criteria to be used to determine:

  • The circumstances in which delegates powers can be used;
  • The applications that should automatically be referred to PCG;
  • The applications that should automatically be referred to Planning Committee. 

When considering applications that do not obviously meet these criteria. Officers will use their judgement to determine whether the applications raise issues that justify consideration at PCG or Committee.

The scheme of delegation for determining planning applications, and related matters as approved by Planning Committee, is set out below.

Extent of delegation to Officers

Officers will have the following delegated powers. 

Determination of applications for permission, approval or consent, requirements for assessment, issuing of notices and completion or modification of agreements or obligations under the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990, the Planning and Compensation Act 1991 and the Environment Act 1995, or any subordinate rules, orders or regulations made under such legislation.

Officers will also have delegated powers to determine all other matters required to be dealt with as part of the management and administration of the Council’s Planning function and powers, including (but not exclusively):

  • Amendments to approved plans; 
  • Details submitted pursuant to conditions;
  • Consultation with other bodies on planning matters;
  • Enforcement of planning control (in consultation with the Head of Legal and Democratic Services);
  • Appeals; 
  • Screening opinions under the 1999 Environmental Assessment Regulations.

Applications that should automatically be referred to Planning Consultation Group (PCG) for consideration:

  • Applications made by elected Members of the Council or by Officers of the Council or close relatives. 
  • County Matter Applications 
  • Applications where a request is made by an elected Member of the Council, on planning grounds, that an application be decided by the Planning Committee;
  • Applications that have received at least one valid objection on valid planning ground where the recommendation is to grant permission; 
  • Applications subject to a Parish Council objection on valid planning grounds where the recommendation is to grant permission or applications explicitly supported by the Parish Council where the recommendation is to refuse; 
  • Applications where the recommendation is to grant where there are issues of concern raised by a Statutory Consultee;
  • Applications for material amendments to applications previously approved at Planning Committee; 
  • Applications to vary conditions on applications previously approved at Planning Committee;
  • Applications for reserved matters following outline approval at Planning Committee.
  • Confirmation of tree preservation or other orders or directions, which are the subject of a valid objection. 

Applications that should automatically be referred to Planning Committee

  • The recommendation is to approve where there are issues of principle raised within an object from a Statutory Consultee,
  • Major Applications that require referral to the Secretary of State;
  • Applications accompanied by an Environmental Impact Assessment; 
  • Applications for residential development or conversions of 20 or more dwellings in Harworth, Worksop and Retford, or 10 or more dwellings elsewhere; 
  • Employment proposals classified as major schemes not within an existing employment site; 
  • Free standing chimneys, towers, masts or similar structures, other than structures intended for removal within less than 1 year, higher than 20 metres. In the case of turbines the height refers to the height of the turbine hub. 

Bassetlaw District Council

August 2011


Last Updated on Friday, November 01, 2019