1.0 DELEGATIONS TO THE HEAD OF TECHNICAL SERVICES AND THE HEAD OF PLANNING AND TRANSPORT WHERE APPLICABLE TO SERVICES UNDER THEIR RESPECTIVE CONTROL

1.1. To approve road names suggested by developers

1.2 To erect traffic signs and paint white lines, etc. on the carriageway (except in those cases where it is necessary to apply for Ministry approval).

1.3 To approve and install Street Refuges.

1.4 To write-off accounts in accordance with the Financial Framework

1.5 To approve sites of:-

1.6 To move and erect lighting columns.

1.7 To agree minor road improvements and traffic management schemes where total cost does not exceed £5,000.

1.8 To approve applications for building over sewers

1.9 To erect guard rails and fencing.

1.10 To deal with the dedication of land for highways purposes.

1.11 To determine matters relating to drainage including ordering of small necessary items (e.g. small submersible drainage set, Undercliff Drive).

1.12 To demolish properties (as part of any scheme approved by the Council).

1.13 To erect seasonal decorations (where amount provided in estimates).

1.14 To agree attachments to Corporation buildings (e.g. electricity, telephone cables).

1.15 To report offenders for the offence of without lawful authority abandoning on any land in the open air a motor vehicle or part thereof (Section 2 (1) (a)), or anything , other than a motor vehicle, brought to the land to be abandoned (8, 9, 11, 12 see designations below) (Section 2 Refuse Disposal (Amenity) Act 1978).

1.16 To issue a fixed penalty ticket for the offence of abandoning a vehicle (Section 2 (1) (a) and require the person to give his name and address (8, 9, 11, 12 see designations below) (Section 2A of the Refuse Disposal (Amenity) Act 1978 as amended by the Clean Neighbourhood and Environment Act 2005).

1.17 To remove and dispose of abandoned vehicles (8, 9, 11, 12 see designations below) (Section 3 and 4 of the Refuse Disposal (Amenity) Act 1978 as amended by the Clean Neighbourhood and Environment Act 2005).

1.18 To serve notice for the removal and disposal of refuse (1, 2, 3, 4, 5, 8, 9, 11, 12 see designations below) (Section 6 of the Refuse Disposal (Amenity) Act 1978)

1.19 Authority to enter upon land for the purpose of Section 3 and 6 above (1, 2, 3, 4, 5, 8, 9, 11, 12 see designations below) (Section 8 of the Refuse Disposal (Amenity) Act 1978).

1.20 To dispose of redundant motor vehicles in accordance with the Refuse Disposal legislation.

1.21 To agree matters relating to Car Parks:-

1.22 To agree pavement gratings.

1.23 To agree canopies.

1.24 To demolish structures considered to be dangerous, on Corporation land.

1.25 To approve telegraph and other wires over or along streets.

1.26 To approve signs and Banners over hanging public highways.

1.27 To approve crossings for cattle and vehicles over footpaths.

1.28 To deal with the deposit of materials in streets and the recovery of damage to highways.

1.29 To deal with applications under the New Roads and Street Works Act, 1991.

1.30 To enable the various sections of the New Roads and Street Works Act 1991 to be enforcedby the Borough Council, acting as the Street Authority by the use of enforcement notices, licensing and court proceedings (1, 2, 4, 6 7 see designations below).

1.31 To deal with encroachment upon and obstruction of highways and the preservation and protection of public rights of way.

1.32 To approve numbering of houses.

1.33 In consultation with Ward Councillors, to determine applications for the provision of public seats

1.34 To 'write-off' and cancel penalty charge notices in certain cases.

1.35 Temporary Road Closures -

(a) Applicants for temporary road closures within the categories below be charged a fee of £280 for a five day closure or £610 for over five days, to be reviewed annually:-

(i) Commercial reasons - repairs to buildings, sewers installation of specialist plant and equipment.

(ii) Civil Engineering/Public utility work - replacement sewers, cables, pipes, etc.

(b) The costs of temporary road closures within the categories below to be met from within the service area’s budget:-

(i) Charitable reasons - sponsored/charitable events.

(ii) Special events - Royal Weddings or other special ceremonies/events.

(iii) Entertainment/Leisure - Dance/Music events.

(c) In consultation with the Dorset Police to determine applications for temporary road closures in accordance with the policy where the roads are unclassified.

1.36 To approve any requests for the use of the pedestrianised areas for entertainment purposes, subject to no collections being made and no obstruction being caused to pedestrians.

1.37 In consultation with appropriate Ward Councillors to consider planning applications whichaffect the highway and make suitable comments to the Statutory Planning Board.

1.38 To deal with objections to the Traffic Commissioners on applications for Goods Vehicle Licences that would have a detrimental affect on the highway.

1.39 To enter into agreements under Section 102 of the Water Industry Act 1991, with developers.

1.40 To serve Schedule 159 Notices where drainage schemes encroach on private and Council land.

1.41 To locate temporary site compounds (subject to any necessary consents).

1.42 To implement temporary Traffic Regulation Orders associated with works on or adjacent to the highway, in consultation with Dorset Police.

1.43 To adopt roads completed in accordance with Section 38 Agreement

1.44 To enter into new Section 38 Agreements

1.45 To open gates in pedestrian areas to allow parades etc.

1.46 To advertise Traffic Regulation Orders and traffic calming/cycling issues where no adverse comments have been received at consultation stage.

1.47 To amend Traffic Regulation Orders and traffic calming/cycling issues having considered views of consultees and proceed to advertisement

1.48 To install pelican crossings where no adverse comments received following advertisement.

1.49 To remove and replace 50% of existing trees in roads affected by highway reconstruction programmes on an alternate basis but in cases of special difficulty the Head of Technical Services to refer such to the relevant Cabinet Member for individual consideration and in all cases the Head of Technical Services to inform Ward Councillors where it is proposed to remove more than three highway trees in any one road.

1.50 To approve siting of flower pedestals.

1.51 To approve siting of advertising units on the public highway, subject to consultation with adjoining frontages.

1.52 To approve siting of advertising units within car-parks.

1.53 To determine applications for the provision of highway amenities under Schedule V of the Local Government (Miscellaneous Provisions) Act 1982 where there are no objections.

1.54 To serve Penalty Charge Notices and to take all/any necessary action to recover payment.

1.55 To determine applications for pavement cafe licences for designated areas of footway outside the pedestrian precincts in circumstances where the safety of highway users will not be compromised, subject to the standard conditions that apply to the issue of pavement cafe licences.

1.56 To determine applications for Licences for information boards.

1.57 To determine future applications for pavement cafe Licences within pedestrian areas subject to each application being reported to the Cabinet Member with the appropriate portfolio for information.

1.58 To erect suitable restraints to prevent the parking of vehicles on verges in roads where problems occur, subject to the necessary funding being made available.

1.59 To remove dangerous highway trees.

1.60 To undertake highway verge improvements not exceeding £5,000.

1.61 To process road closures associated with classified roads subject to the advertising procedures being funded externally and provided that Ward Councillors are notified.

1.62 That any additional requests from local Churches for free Sunday parking be dealt with provided that approval for free parking only be given subject to the availability of parking bays and the vehicles displaying a permit issued by the appropriate Church.

1.63 To make Definitive Map modification orders where the Council is directed to make such orders by the Secretary of State for the Environment under paragraph 4(2) of Schedule 14 to The Wildlife and Countryside Act 1981.

1.64 Giving any necessary consent, subject to any conditions he may consider necessary, for the creation, diversion or extinguishment of rights of way where there is no objection or question of compulsory action.

1.65 In the case of footpath creations and diversions, the certification that the new path is in a fit condition for use by the public.

1.66 Granting temporary rights of way diversions in connection with ploughing.

1.67 Granting consents in accordance with Section 147 of the Highways Act 1980 for the erection of stiles etc in footpaths or bridleways.

1.68 To authorise in writing any person:-

1.69 To grant easements and licences for works in highways and to obtain easements and licences on adjacent land for highway purposes.

1.70 To adopt streets made up to the Council's requirements.

1.71 To enter into agreements for the maintenance of apparatus and supply of electricity for highway purposes.

1.72 To authorise the appointment of School Crossing Patrols and provision of their uniform and equipment.

1.73 To authorise the loan of items of specialist equipment under the control of the service to other Local Authorities.

1.74 In an emergency to exercise any of the Council's powers and duties relating to disused tips connected with highway or car parking use.

1.75 In consultation with the Head of Law and Corporate Governance, to exercise the powers and duties of the Council and institute legal proceedings if required, under the following:-

(Note: To enable the various sections of the Act to be enforced by the Borough Council, acting as the Highways Authority, by the use of enforcement notices, licensing and criminal prosecution 1, 2, 3, 4, 5, 8, 9, 10, 11, 12 see designations below)

(ii) Road Traffic Regulation Act 1984

Section 14 : Temporary prohibition or restriction of traffic on roads.

Section 69 : Removal of traffic signs.

Section 99(1)(c) To remove vehicles abandoned without lawful authority on a road or land in the open air (8, 9, 11, 12 see designations below)

(iii) Section 28 of the Town Police Clauses Act 1847 To enable this section of the Act to be enforced by the Borough Council in relation to highway matters, by criminal prosecutions (8, 9, 11, 12 see designations below)

(vi) Local Government Byelaws – To enable the various byelaws to be enforced by the Borough Council by the use of enforcement notices and legal proceedings (1, 2, 3, 4, 5, 8, 9, 11, 12 see designations below)

(v) The authority to exercise the powers and duties of the Council in relation to 1.75 above is also hereby granted to the Group Managers, Principal Engineers and Highway Inspectors, Highways Enforcement Officers, Community Enforcement Officers and Parking Attendants as appropriate.

1.76 To make observations on applications to stop-up or divert highways.

1.77 To approve, in accordance with the Head of Resources, and in negotiation with the National Farmers Union, future increases in rates paid to farmers under the snow plough scheme.

1.78 To waive the charge to applicants participating in the Cycle Proficiency Scheme in cases of hardship.

1.79 To issue keys for the erection and removal of barrier posts erected pursuant to any traffic regulation order made by the Council where this is appropriate.

1.80 After consultation with the Cabinet Member with the relevant portfolio to authorise agreements under Section 278 of the Highways Act 1980 in compliance with the planning conditions imposed by the Statutory Planning Board:-

(a) where a developer has agreed to fund the whole cost of the scheme; or

(b) where the contribution of the Highway Authority is below £5,000.

1.81 Public Transport - Payment of Bus Subsidies - To continue to negotiate subject to the rules of procedure set out in the Constitution "de minimus" agreements direct with individual operators under the provisions of the Transport Act 1985.

1.82 To determine applications for consent as the Highway Authority for the purposes of street trading in accordance with Local Government (Miscellaneous Provisions) Act 1982 (Excluding a designated area fronting Boots in Commercial Road ).

1.83 To enter into agreements with cable operators, to protect the interest of users of the highway and the highway authority, and to recover from the operators the costs of inspection of reinstatement of the highway.

1.84 After consultation with the Cabinet Member with the appropriate portfolio to withdraw subsidy from low priority bus services, if neighbouring Councils are unable to provide the necessary additional financial support to continue to run these services.

1.85 After consultation with the Cabinet Member with the appropriate portfolio to seek proposals by competitive tender to provide replacement services for newly de-registered bus services for a six month period, and to provide service subsidies for such services within the existing budgets.

1.86 To approve the erection and installation of cycle facilities on highway authority land.

1.87 In consultation with the Cabinet Member with the appropriate portfolio and Ward Councillors as appropriate to process and implement Traffic Regulation Orders and traffic calming schemes (including speed cameras) and cycling schemes.

1.88 To approve select lists of tenderers where there are more than six Contractors on the Standing List.

1.89 With regard to the Dogs (Fouling of Land) Act 1996 in relation to those areas listed within the Schedule to the draft Order for which the Head of Business Unit is responsible:-

(a) To instruct the Head of Law and Corporate Governance to take legal proceedings subject to satisfactory evidence. This Authority is also delegated to the Head of Public Protection.

(b) To investigate offences and to issue fixed penalty notices. This Authority is also delegated to Enforcement Officers.

(Note the above delegation should be replaced by Section 55, 56 (1, 2, 3, 4, 5 see designations below) and 59 8, 9, 11, 12 see designations below) of the Clean Neighbourhood and Environment Act 2005 from 1^{st April 2006)}

^{1.90 To institute legal proceedings under the provisions of the Local Government (Miscellaneous Provisions) Act 1982 in connection with unlawful Street Trading.}

^{1.91 To institute legal proceedings under the appropriate legislation in connection with the use of skateboards on the highways, subject to satisfactory evidence being available.}

^{1.92 To prosecute persons for failure to purchase or display parking tickets or to pay Penalty Charge Notices and failure to give information regarding the driver and/or owner of the vehicle involved.}