Section 2 - Development Control Committee

Quorum: 9 Meets: every 4 weeks Has executive powers

Please note, some of the responsibilities listed below may have been delegated to an officer. Please see the schedule of delegation set out in section 10 of this part.

Composition: 15 members who shall be appointed in accordance with the Local Government (Committees and Political Groups) Regulations 1990.

For details of current group memberships to the Development Control Committee you can visit the council offices, call us on 01775 761161 or see the Council's website at www.sholland.gov.uk

Substitution of Members: Substitution of members will be for individual meetings only, and substitutes will be appointed by group leaders or their representative for that political group. Only members who have attended approved training in Development Control during the previous twelve months will be eligible to attend as a substitute.

Notice of the substitution by a group leader or his/her representative must be submitted to the Head of Customer, Legal and Member Services by noon on the day of the meeting.

Substitute members will have all the powers and duties of any ordinary member of the Committee but will not be able to exercise any special powers or duties exercisable by the person they are substituting (this relates to a situation where the person substituted is currently the Chairman or Vice-Chairman of the Committee).

Substitute members may attend meetings in that capacity only to take the place of the ordinary member for whom they are the designated substitute, and where the ordinary member will be absent for the whole of the meeting.

Responsibility for determining planning applications

The Development Control Committee will determine all planning applications where:

They are contrary to policy and not recommended for refusal

They raise novel or contentious planning issues including those residential applications which have a significant impact on the settlement in which they are proposed; applications with major economic, employment, leisure or environmental content; and those which provoke major local interest)

They involve the Council's own applications for development or they relate to land in which the Council has an interest

A member of staff has an interest in the application

All other applications are delegated to the Head of Planning and Development to determine.

Chairman's Panel

Where a planning application would normally be delegated to the Head of Planning and Development, such application must first be submitted to the Chairman's Panel for consultation where:

The Ward member or parish council has requested determination by the Development Control Committee and the request clearly relates to material planning considerations; or

There are irresolvable objections which clearly relate to material planning considerations.

The Chairman's Panel comprises three members, following as closely as possible the political balance of the Development Control Committee, and including the Chairman and Vice-Chairman of the Development Control Committee. Substitute members are permitted (including for the Chairman and Vice-Chirman of the Development Control Committee) for individual meetings, so long as the substitute is a member of the Development Control Committee and the political balance is retained. For a trial period ending November 2007 ward members will also be invited to attend the Panel.

Ward members

Where an item included on an agenda of a meeting of the Development Control Committee relates specifically to a ward of the district, any member of the Council representing that ward and not being a member of the Committee may nevertheless attend that meeting and take part in any debate on the item, but not vote on the item.

Terms of Reference:

All regulatory planning functions of the council, including (but not limited to):

(a) Functions relating to town and country planning and development control, which will involve implementation of the Council's Development Plan

(b) Functions relating to footpaths, bridleways, rights of way and accesses

(d) The following specified functions:

Function	Provision of Act or Statutory Instrument

A. Functions relating to town and country planning and development control

1. Powers and duties relating to local development documents which are development plan documents.	Sections 20 to 23 and 25, 26 and 28 of the Planning and Compulsory Purchase Act 2004 (c.5(a)).

2. Power to agree to establish a joint committee to be, for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004, a local planning authority.	Section 29 of the Planning and Compulsory Purchase Act 2004.

3. Power to agree to confer additional functions on a joint committee.	Section 30 of the Planning and Compulsory Purchase Act 2004.

4. Power to request the dissolution of a joint committee.	Section 31 of the Planning and Compulsory Purchase Act 2004.

5. Power to determine application for planning permission.	Sections 70(1)(a) and (b) and 72 of the Town and Country Planning Act 1990 (c.8).


6. Power to determine applications to develop land without compliance with conditions previously attached.	Section 73 of the Town and Country Planning Act 1990.

7. Power to grant planning permission for development already carried out.	Section 73A of the Town and Country Planning Act 1990.


8. Power to decline to determine application for planning permission.	Section 70A of the Town and Country Planning Act 1990.


9. Duties relating to the making of determinations of planning applications.	Sections 69, 76 and 92 of the Town and Country Planning Act 1990 and Articles 8, 10 to 13, 15 to 22 and 25 and 26 of the Town and Country Planning (General Development Procedure) Order 1995 (S.I. 1995/419) and directions made thereunder.

10. Power to determine application for planning for planning permission made by a local authority, alone or jointly with another person.	Section 316 of the Town and Country Planning Act 1990 and the Town and Country Planning General Regulations 1992 (S.I. 1992/1492).

11. Power to make determinations, give approvals and agree certain other matters relating to the exercise of permitted development rights.	Parts 6, 7, 11, 17, 19, 20, 21 to 24, 26, 30 and 31 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418).

12. Power to enter into agreement regulating development or use of land.	Section 106 of the Town and Country Planning Act 1990.

13. Power to issue a certificate of existing or proposed lawful use or development.	Sections 191(4) and 192(2) of the Town and Country Planning Act 1990.

14. Power to serve a completion notice.	Section 92(2) of the Town and Country Planning Act 1990.

15. Power to grant consent for the display of advertisements.	Section 220 of the Town and Country Planning Act 1990 and the Town and Country Planning (Control of Advertisements) Regulations 1992 (S.I. 1992/666).

16. Power to authorise entry onto land.	Section 196A of the Town and Country Planning Act 1990.

17. Power to require the discontinuance of a use of land.	Section 102 of the Town and Country Planning Act 1990.

18. Power to serve a planning contravention notice, breach of condition notice or stop notice.	Sections 171C, 187A and 183(1) of the Town and Country Planning Act 1990.

19. Power to issue an enforcement notice.	Section 172 of the Town and Country Planning Act 1990.


20. Power to apply for an injunction restraining a breach of planning control.	Section 187B of the Town and Country Planning Act 1990.

21. Power to determine applications for hazardous substances consent, and related powers.	Section 9(1) and 10 of the Planning (Hazardous Substances) Act 1990.


22. Duty to determine conditions to which old mining permissions, relevant planning permissions relating to dormant sites or active Phase I or II sites, or mineral permissions relating to mining sites, as the case may be, are to be subject.	Paragraph 2(6)(a) of Schedule 2 to the Planning and Compensation Act 1991 (c. 34), paragraph 9(6) of Schedule 13 to the Environment At 1995 (c. 25) and paragraph 6(5) of Schedule 14 to that Act.

23. Power to require proper maintenance of land.	Section 215(1) of the Town and Country Planning Act 1990.

24. Power to determine application for listed building consent, and related powers.	Sections 16(1) and (2), 17, 27(2) and 33(1) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990 (c. 9).

25. Power to determine applications for conservation area consent.	Section 16(1) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990, as applied by section 74(3) of that Act.

26. Duties relating to applications for listed building consent and conservation area consent.	Sections 13(1) and 14(1) and (4) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990 and regulations 3 to 6 and 13 of the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1990 and paragraphs 8, 15 and 22 of the Department of the Environment Circular 14/97.

27. Power to serve a building preservation notice, and related powers.	Sections 3(1) and 4(1) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990.

28. Power to issue enforcement notice in relation to demolition of unlisted building in conservation area.	Section 38 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990.

29. Powers to acquire a listed building in need of repair and to serve a repairs notice.	Sections 47 and 48 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990.

30. Power to apply for an injunction in relation to a listed building.	Section 44A of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990.

31. Power to execute urgent works.	Section 54 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990.

B. Functions relating to footpaths, bridleways, rights of way and accesses

1. Power to create footpaths, bridleways and restricted byways.	Section 26 of the Highways Act 1980.

2. Power to stop up footpaths, bridleways and restricted byways.	Section 118 of the Highways Act 1980.

3. Power to divert footpaths, bridleways and restricted byways.	Section 119 of the Highways Act 1980.

4. Duty to assert and protect the rights of the public to use and enjoyment of highways.	Section 130 of the Highways Act 1980.


5. Power temporarily to divert footpath, bridleway or restricted byway.	Section 135A of the Highways Act 1980.

6. Functions relating to the making good of damage and the removal of obstructions.	Section 135B of the Highways Act 1980.



7. Power to extinguish certain public rights of way.	Section 32 of the Acquisition of Land Act 1981.

8. Power to extinguish public right of way over land acquired for clearance.	Section 294 of the Housing Act 1981.

9. Power to authorise stopping-up or diversion of footpath, bridleway or restricted byway.	Section 257 of the Town and Country Planning Act 1990.

10. Power to extinguish public rights of way over land held for planning purposes.	Section 258 of the Town and Country Planning Act 1990.

11. Power to enter into agreements with respect to means of access.	Section 35 of the Countryside and Rights of Way Act 2000.

12. Power to provide access in absence of agreement.	Section 37 of the Countryside and Rights of Way Act 2000.

C. Functions relating to trees and hedgerows

1. Powers relating to the preservation of trees.	Section 197 to 214D of the Town and Country Planning Act 1990 and the Trees Regulations 1999 (S.I. 1999/1892).

2. Powers relating to the protection of important hedgerows.	The Hedgerows Regulations 1997 (S.I. 1997/1160).

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