PLANNING

Town and Country Planning Legislation

A. Any application which proposes development which, in the Business Unit Head’s

opinion, materially conflicts with the Development Plan or other Council policy,

standards or guidance in such a way as would result in demonstrable harm and which is

recommended for approval.

B. Any application which an individual Member requests should be referred to the Statutory Planning

Board because it is contentious and raises wider issues which, in the opinion of the Member, should

be resolved by the Board, providing the Member requests referral to the Board in writing or by email

by the end of the official first round publicity period.

C. Any application which has been subject to more than 5 representations or a petition of 10 or more

signatures being received from different addresses, where the representations conflict with the

Director’s proposed decision, and raise material planning considerations which have not been

overcome by negotiation or through the imposition of conditions (e.g. objections raising issues such

as property value and loss of view would be considered invalid in this context.) Applications where

a statutory or internal consultee has made comments contrary to the Business Unit Head’s proposed

decision will still be referred to the Statutory Planning Board, regardless of the number of

representations received.

D. Any application identified as being submitted by a Member or Senior Officer of the Council (this

does include applications submitted on behalf of the Council).

E. Any application which, in the Business Unit Head’s opinion, proposes development which will

significantly affect the character and/or amenities of a wider residential, commercial, or other area,

and which is recommended for approval e.g. housing schemes which result in a net increase of 24

houses or 30 flats, loss of a major hotel, new commercial/leisure floorspace in excess of 500sq

metres (net). This will include any application where the applicant has been required to submit an

Environmental Statement under the Town and Country Planning (Environmental Impact

Assessment) (England and Wales) Regulations 1999 and/or a Traffic Impact Assessment.

F. Any other application which, in the Business Unit Head’s opinion, would be potentially

controversial or likely to be of significant public interest.

Services will be circulated to members of the Statutory Planning Board for information at regular intervals.)

1.2 Delegated Powers to Determine Other Types of Applications

To determine the following types of applications and submissions, except where they require advertisement and representations have been received, which are contrary to the proposed decision of the Director, from more than three separate addresses:-

1. Approval of submitted landscaping schemes and other reserved matters or details required by conditions on previously approved applications.

2. Proposals submitted by the Cabinet or Heads of Business Units to fell up to six trees in any single operation. Replacement planting will normally be required where it is reasonable and practicable to do so. Felling that is already approved as part of woodland management plans and the proposed woodland strategy for the Borough. Felling proposals that do not meet these parameters shall be determined by the Statutory Planning Board. The felling of trees that present a danger to persons or property.

3. Minor amendments to previously approved plans (as qualified by 1.3 below).

4. Reinforcement and diversion of existing overhead electricity lines.

5. Transmission/receiving aerials.

6. In consultation with the Chairman and Vice-Chairman of the Planning Board to determine Prior Approval and other similar applications where, in the opinion of the Business Unit Head, an urgent decision is necessary.

1.3 Minor Amendments to Approved Plans

To agree where appropriate amendments (which do not require the submission of a formal planning application) to previously approved planning applications, listed building applications or conservation area consent applications subject to such amendments meeting the following criteria:-

(i) does not result in a materially increased building size;

(ii) does not result in increased proximity to adjoining properties or boundaries, where, in the opinion of the Head of Planning and Transport Services, this would have a possible adverse effect upon these properties;

(iii) does not include additional or substantially altered windows or other elevational changes which would be likely, in the opinion of the Head of Planning and Transport Services , to have an adverse impact upon adjacent properties;

(iv) does not involve a site on which substantial representations on planning grounds were received on the original application, unless the amendment indicates an improved scheme which in the opinion of the Headof Planning and Transport Services goes further than the approved scheme in meeting the representations originally raised.

For Listed Buildings

(v) (a) the amendment does not affect the building's character in respect of its special architectural or

historic interest.

(b) the amendment does not involve increased demolition.

For Conservation Area Consent

(vi) the amendment involves less demolition than approved.

1.4 Amended Plans and Changes to Recommendations

(a) To ignore requests received from applicants to defer planning applications which are being submitted to the Statutory Planning Board with a recommendation for refusal unless, in the opinion of the Head of Planning and Transport Services, there is scope for negotiating an acceptable scheme and an amended plan has been received not later than the Friday prior to the meeting;

(b) When amended plans are submitted prior to the meeting of the Statutory Board which overcome the reasons for refusal, the recommendation can be changed to an approval subject to the amended recommendation being circulated to all Members of the Council prior to the Board meeting;

(c) where a recommendation of grant has been made in anticipation of the receipt of an amended plan, and that plan is not received, the recommendation can be changed to refuse, subject to the amended recommendation being circulated to all Members of the Council prior to the Board meeting.

1.5 Section 330 of the Town and Country Planning Act 1990

To serve Notices under section 330 of the Town and Country Planning Act 1990. This delegated authority is also given to the Planning Control Manager and Principal Appeals and Enforcement Officer.

1.6 Applications Deferred for Legal Agreements

To determine planning applications which have been previously considered by the Statutory Planning Board but deferred in order that a satisfactory legal agreement might be concluded, subject to such legal agreement having been completed.

1.7 Enforcement

(a) To deal with the following matters:-

(i) The commencement of enforcement action and the service of any notices under Sections 172 and 215 of the Town and Country Planning Act 1990 and Section 79 of the Building Act 1984.

(ii) In appropriate circumstances, the sending of warning letters to persons responsible for unauthorised tree work.

(b) To issue:-

(i) Planning Contravention Notices under Section 171C of the Town and Country Planning Act 1990.

(ii) Breach of Condition Notices under Section 187A of the Town and Country Planning Act 1990.

(c) To take no further action in cases where development has been carried out without the appropriate approval and no further action is considered appropriate. This action to be taken in consultation with the Chairman and Vice-Chairman of the Planning Board and appropriate Ward Councillors.

1.8 Rights of Entry Onto Land for Enforcement Purposes

That the following Officers be authorised to enter any land and premises in accordance with:-

(i) Sections 196A, 196B and 196C of the Town and Country Planning Act 1990 and Section 95 of the Building Act 1984 for general enforcement purposes;

(ii) Sections 214B, 214C and 214D of the Town and Country Planning Act 1990 for tree preservation enforcement purposes;

(iii) Sections 88, 88A and 88B of the Planning (Listed Buildings and Conservation Areas) Act 1990 for listed building enforcement purposes.

Officers:-

Head of Planning and Transport Services

Principal Appeals and Enforcement Officer

Planning Control Manager

Senior Enforcement Officer

Enforcement Officers

Compliance Officer

Planning Policy Conservation and Design Manager

Conservation Design Officer

Principal Landscape and Arboricultural Officer

Landscape and Arboricultural Officer .

1.9 Authorisation of Officers

To authorise under appropriate Acts officers in the Planning and Transport Services Business Unit other than those mentioned in 1.7 above to exercise the rights of entry on land for enforcement purposes and to arrange for such authorisations and certificates to be duly sealed and signed by the Chief Executive.

1.10 Stop Notices

To serve Stop Notices in accordance with Section 183 of the Town and Country Planning Act 1990. This delegated authority is also given to the Planning Control Manager.

1.11 Youth Unemployment and Supernumerary Recruitment

To employ young people to help in survey work subject to the approval of appropriate Government sponsored schemes.

1.12 Goods Vehicle Operators' Licences - Representations on Applications

To make representations on behalf of the Council on applications for Goods Vehicle Operator's Licences.

1.13 Bus Shelters

To deal with individual applications for 'Adshel' and 'Cantilever' Type Bus Shelters on any road within commercial areas of the town.

1.14 Tree Preservation Orders

A. To discharge the functions set out under the Town and Country Planning Act (as amended) and any Subordinate or relevant legislation, in respect of the authorisation and making of Tree Preservation Orders, Variation Orders, Revocation Orders and any other associated Orders or Notices and to confirm all such Orders as necessary, subject to there being no unresolved objections.

B. To revoke or modify consents to tree works with the agreement of the applicant or his successor and where there are no unresolved objections.

To authorise the serving of Tree Replacement Planting Notices under Section 207 of the Town and Country Planning Act 1990 and to carry out such works in default under Section 209 of the Act, subject to a maximum cost of £1,000 and steps being taken to endeavour to recover this cost from the landowner.

C. Prosecutions for Contraventions (Tree Preservation Orders and Conservation Areas)

For contraventions of Tree Preservation Orders and Trees in conservation Areas Regulations, the Head of Planning and Transport Services and Planning Control Manager be authorised to instruct the Head of Law and Corporate Governance to institute legal proceedings leading to prosecution for offences under the Town and Country Planning Act 1990 (as amended) and any subordinate or relevant legislation and in particular Sections 210(1) and (4) and 211 of the Town and Country

Planning Act.

D. Injunctions

Authority to instruct the Head of Law and Corporate Governance to seek injunctions under Section 214A of the Planning and Compensation Act 1991 in respect of actual or apprehended offences to protected trees.

1.15 Building Preservation Notices

In consultation with the Chairman and Vice-Chairman of the Statutory Planning Board, to serve Building Preservation Notices under Section 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990. This delegated authority is also given to the Planning Policy and Conservation Design Manager.

1.16 Town Planning Appeals

To contest appeals, subject to a report on appeals received and appeal decisions being submitted to members at each Planning Board meeting.

1.17 Consultants

To employ consultants for any purpose when necessary, subject to adequate financial provision being available within the Planning and Development Services budget and in accordance with the Financial framework

1.18 Conservation and Enhancement Schemes

To authorise small scale conservation and enhancement schemes up to £1,000 subject to adequate financial provision being available within the Board’s budget.

1.19 Cable Television

To agree the installation of cable television apparatus throughout the Borough where the views of the Local Planning Authority are being sought and subject to guidelines agreed by the Board.

1.20 Dangerous Trees on Private Land which are a Threat to Life or Property

The following officers are authorised to discharge the powers conferred on the Council by virtue of the Local Government (Miscellaneous Provisions) Act 1976:-

Head of Planning and Transport Services

Planning Control Manager

Principal Landscape and Arboricultural Officer

Landscape and Arboricultural Officer

Arboricultural Assistant

1.21 Building Regulations

To deal with the following matters:-

(i) approval and rejection of Building Regulation Applications and applications for relaxation.

(ii) the commencement of enforcement action and the service of any notices in connection with the Building Regulations, means of escape in case of fire and the Building Act and the Bournemouth Borough Council Act insofar as they relate to Building Control matters;

(iii) the approval of temporary stands and safety requirements under Section 3 of the Bournemouth Borough Council Act 1985.

(iv) issue of Completion Certificates for all work under Building Regulations.

(v) issue of Completion Certificates for work relating to fire safety and means of escape in case of fire.

(vi) acceptance or rejection of Initial Notices from Approved Inspectors.

(vii) inspection of work and buildings in connection with Building Regulations, the Building Act and the Bournemouth Borough Council Act.

(viii) service of Notices in connection with dangerous buildings and structures.

(ix) service of Notices in connection with demolition of buildings.

(x) emergency action at any time day or night in connection with dangerous buildings and structures.

1.22 Fire Precautions

To deal with the following matters:-

(i) Service of Notices in connection with means of escape in case of fire from buildings.

(ii) Inspection of existing buildings where attention is drawn to unsatisfactory conditions.

(iii) Enforcement of fire precautions under Part IV of the Bournemouth Borough Council Act 1985 in connection with Buildings presenting special risks.

1.23 In relation to 1.21 and 1.22 above the delegated authority is also given to the Building Control Manager, Principal Building Control Officers, Senior Building Control Officers, Fire Safety Adviser, Assistant Fire Safety Adviser, Access Surveyor and Building Control Officers.

1.24 Safety at Sports Grounds

The Head of Planning and Transport Services in consultation with the Head of Law and Corporate Governance is authorised to issue and amend General Special Safety Certificates and to issue, suspend and withdraw Prohibition Notices.

In respect of the Safety of Sports Grounds Policy Statement the Head of Planning and Transport Services is granted delegated authority to authorise officers from the Safety Advisory Group to carry out the functions set out in the Policy Statement.

1.25 Charges Under the Building (Local Authority Charges) Regulations 1998

The Head of Planning and Transport Services is authorised, in consultation with the Head of Law and Corporate Governance, to vary the standard charges scales of the Local Government

1.26 Section 16 of the Local Government (Miscellaneous Provisions) Act 1976

To serve notices under Section 16 of the Local Government (Miscellaneous Provisions) Act 1976, requiring the provision of information with regard to legal interests in land and premises.

1.27 Planning Controls Over Demolition (Circular 16/92) - The Town And Country Planning General

Development (Amendment) (No. 3) Order 1992 (S.I. No. 1280)

To make determinations within the Statutory 28 day period with regard to the Planning Controls over demolition as contained in Circular 16/92 and the Town and Country Planning General Development

(Amendment) (No. 3) Order 1992 (S.I. No. 1280)

1.28 Hedgerow Regulations 1997

That the following Officers be authorised to carry out the functions detailed in Regulation 12, 13 and 14

(Entry Onto Land) of the Regulations:-

Principal Landscape and Arboricultural Officer;

Landscape and Arboricultural Officer;

Conservation and Design Officer;

Technical Assistants from Planning Policy, Conservation and Design.

1.29 Environmental Impact Assessments

To determine the need for Environmental Impact Assessments and Screening submissions in accordance with the provisions of the Town and Country Planning (Environmental Impact Assessment) Regulations 1999, subject to Members being notified of requests for screening opinions through publication in the Council Information Bulletin, to enable them within seven days of such notification, to ask for such requests to be referred to the Statutory Planning Board.

1.30 Planning Proposals from Central Government and Adjoining Authorities

To respond to consultations from Government departments on issues relevant to Planning and Development Services.

To respond to consultations from adjoining Authorities concerning planning proposals within their areas.

2.0 DELEGATION TO THE HEAD OF PLANNING AND TRANSPORT SERVICES AND THE

HEAD OF LAW AND CORPORATE SERVICES

2.1 Unauthorised Advertisements

(a) To take any action considered necessary to secure the removal of unauthorised estate agents, builders and developers’ boards, banners and directional signs, including authority to prosecute for any contraventions of the Town and County Planning (Control of Advertisement) Regulations 1992.

(b) That the Planning Control Manager and Principal Appeals and Enforcement Officer are also given the delegated authority to undertake (a) above.

2.2 Negotiation of Planning Agreements in Advance of Planning Appeals

To negotiate the terms of planning agreements with appellants if so requested and, wherever possible, to report the contents of such agreements to the Planning Board before the date of the appeal.

3.1 Fly-Posting

In cases where it is discovered that fly-posting or other forms of unlawful advertising have taken place involving the publicising of some unlawful activity, to institute legal proceedings immediately against the person(s) whom it appears may be responsible provided that the Director of Central Services is satisfied with the evidence.

3.2 Town Planning Appeals

(i) Decisions

In the event of it being considered necessary to appeal to the High Court in respect of a Town Planning Appeal decision warranting such action, to initiate such proceedings.

(N.B.: To be undertaken in consultation with the Chair and Vice- Chair of the Statutory Planning Board.)

(ii) Awards of Costs

To settle awards of costs arising from Town Planning Appeals.

3.3 To prosecute for:-

(a) non-completion of Notices served under Section 330 of the Town and Country Planning Act 1990, Section 16 of the Local Government (Miscellaneous Provisions ) Act 1976, and Section 171C of the Town and Country Planning Act 1990;

(b) non-compliance with Notices served under the following legislation:-

Sections 187A, 172 and 215 of the Town and Country Planning Act 1990 and Section 79 of the Building Act 1984.

3.4 Covenants

To determine requests for approval under covenants where the proposed development complies fully with the Council's covenants.

4.1 The authority to exercise any of the above delegations, may be withdrawn at any time by the appropriate