This Committee is responsible for the
following planning functions which will be performed in line with
the relevant legislation and having regard for any relevant
guidance issued by the Secretary of State:
(a) Exercising delegated
authority for the determination of planning applications and
related matters in schedule 2 of the planning scheme of delegation
set out in the Appendix to the Constitution. These functions will
be exercised in accordance with 17.31 to 17.34 of the
Constitution.
(b) Own-interest applications
in accordance with 17.35 to 17.37 of the Constitution.
(c) The Committee will also
consider or determine any other planning matter not listed at a-b
above that are referred to it by the relevant Nominated Officer or
Officers named in the Appendix to the Constitution.
(d) Exercising the
Council’s functions in relation to the enforcement of the
control of development under the Town and Country Planning Act 1990
and related regulations and statutory instruments.
The Committee is also responsible for the
following specific regulatory functions on behalf of the Council.
These are carried out through the following scheme of delegation
and not by the Committee itself.
(a) Appeals against refusal to
approve premises for the solemnisation of marriages (or the
attachment of a condition to such an approval).
i. These
are delegated to the Planning and Regulation Committee Member
Panel, see 17.41 of the Constitution.
(b) All Commons Registration
functions under Part 1 of the Commons Act 2006 and the Commons
Registration (England) Regulations 2008.
i. These
are delegated to the Planning and Regulation Committee Member
Panel, see 17.41 of the Constitution.
(c) The creation, stopping up,
diversion of any footpath or bridleway or restricted byway or the
reclassification of any public path where substantive objection has
been raised or a Political Group or the Local Member requests.
i. These
are delegated to the Planning and Regulation Committee Member
Panel, see 17.41 of the Constitution.
(d) Appeals by pupils and
parents against school-related decisions that are not considered by
an external appeal Committee, including transport, education awards
and religious education.
i. Such
appeals to be dealt with by ad hoc Panels of Members chaired by and
including at least one member of the Planning and Regulation
Committee. All Panel members must have received appropriate
training before taking up their positions.
(e) The discharge of persons
who are subject to guardianship, pursuant to Section 23 of the
Mental Health Act 1983 on the recommendation of the Director Adult
Social Care and Health.
i. This is
delegated to the Mental Health Guardianship Sub-Committee. The
sub-committee must consist of at least three Members, one of whom
must be a member of the Planning and Regulation Committee and the
others to be members of the Adult Social Care Cabinet Committee
(who must not also be members of an NHS Foundation Trust). The
decision to discharge must be agreed by at least three Members or
where there are more Members on the Sub-Committee by a majority of
the Panel.