Delegated Powers
As with all Local Planning Authorities the City Council has a
scheme of delegations which allows under certain circumstances
decisions on planning applications to be determined by the Planning
Manager.
DELEGATION OF COUNCIL
FUNCTIONS TO THE COUNCIL'S OFFICERS
1. Town and Country Planning and Development Control,
trees and hedgerows and highways use and regulation matters
delegated to the Head of Planning Services
1.1 In consultation with the Chairman of the Development Control
Committee to determine all planning applications and to make
observations on all statutory and other notifications except:-
(i) Where the determination or
observation would be contrary to the provisions of an approved
development plan eg Regional Spatial Strategy, the Cumbria and Lake
District Joint Structure Plan, the Carlisle District Local Plan or
any successor plan.
(ii) Where the determination or
observation would be contrary to an approved City Council Planning
Policy or to an approved City Council Supplementary Planning
guidance.
(iii) Where the determination or
observation would be contrary to a previous decision of either the
Development Control Committee or the Council.
(iv) Where the determination or
observation would be contrary to a recommendation of a Statutory
Consultee.
(v) Where the determination or
observation rests upon issues which are not addressed by specific
Council policies or guidance.
(vi) Where, within 21 days of
publication in the press or the despatch of written consultation or
the erection of a site notice, the proposal or application
generates written or verbal comments from more than three
objections from separate households or other interested parties and
which are contrary to the prospective decision, unless:
(a) The written or verbal comments do
not refer to a material planning consideration.
(b) The objections relate to a matter
where the Council relies on expert opinion from a statutory
consultee, and that statutory consultees' views concur with the
prospective decision on the application.
(c) The application is in respect of a
reserved matters application or a renewal of a permission and the
objections refer to the principle of that development rather than
the details of the application and there have been no material
alterations in terms of the policy background since the approval of
the earlier application for the development.
(d) The objections are in respect of a
reserved matters application or renewal of a permission and relates
to minor changes in detail or materials.
(e) The application is in all respects
fully in accordance with the Development Plan and other Planning
Policy Guidance.
(vii) Where any Member notifies the
Head of Planning Services in writing within 21 days of the despatch
of the weekly list of planning applications that he or she wishes
the application to be referred to the Development Control Committee
for determination.
(viii) Where the Head of Planning
Services in consultation with the Chairman is of the view that the
application or matter should be referred to the Development Control
Committee for determination.
1.2 To refer to the Office of the
Deputy Prime Minister applications for listed building consent
submitted by the City Council for alterations or additions to
listed buildings owned by the City Council and for which the
Secretary of State's consent would be required.
1.3 To approve or disapprove any of
the following matters when reserved or made the subject of
conditions, in a Planning Consent:
(i) Materials to be used externally on
buildings
(ii) Landscaping and tree planting
proposals and tree replacements
(iii) Finish of boundary walls and
fences
(iv) Finish of parking areas
1.4 To determine applications
submitted under Section 64 of the Town and Country Planning Act
1990 (whether planning permission is necessary) and to determine
whether development that falls within Schedule 2 of the Town and
Country Planning (Environmental Impact Assessment) (England and
Wales) Regulations 1999 requires an Environmental Impact
Assessment.
1.5 To determine applications for
Certificates of Lawful Use or Development
1.6 To exercise the powers and duties
of the Council under Sections 211 to 214 of the Town and Country
Planning Act 1990 in so far as they relate to responding to
notifications of intention to fell trees in Conservation Areas in
respect of garden trees and to compiling a register under Section
214 of the said Act.
1.7 To approve or refuse works to
trees including felling, pruning and requirements to replant in
respect of trees subject to Tree Preservation Orders.
1.8 To authorise in writing such
person or persons as he deems fit in order to exercise the right of
entry conferred by Section 324 of the Town and Country Planning Act
1990 ie to survey land for the purposes of development in
connection with applications for planning permission etc and the
maintaining and servicing of orders or notices under the Act.
Further to authorise in writing such person or persons as he deems
fit in order that such person or persons may exercise the rights of
entry for enforcement purposes set out in Sections 11 of the
Planning and Compensation Act 1991 and 196A, 196B and 196C of the
said 1990 Act (Planning Control); Section 23 of the said 1991 Act
and Sections 214B, 214C and 214D of the said 1990 Act (Trees); and
Section 25 and Schedule 3 of the said 1991 Act and Sections 88, 88A
and 88B of the Planning (Listed Buildings and Conservation Areas)
Act 1990; and Sections 35, 36A and 36B of the Planning (Hazardous
Substances) Act 1990 (Hazardous Substances) and Section 95 of the
Building Act 1984 and Sections 12 and 13 of the Hedgerow
Regulations 1997.
1.9 In consultation with the Head of
Legal and Democratic Services to make and, in the absence of any
objections, to confirm Tree Preservation Orders.
1.10 To take any action which may be
required to be taken by or on behalf of the Council pursuant to its
duties and responsibilities under the Hedgerow Regulations 1997
made under the Environment Act 1995.
1.11 To act as Appointing Officer
under Section 10(8) of the Party Wall Etc Act 1996.
1.12 To carry out such other functions
relating to town and country planning and development control,
trees and hedgerows and highways use and regulation as are set out
in Schedule 1 to the Functions Regulations as may be delegated by
the Development Control Committee from time to time.
1.13 To approve amendments to S.106
Agreements after prior consultation with the Head of Legal and
Democratic Services.
1.14 To authorise the service of any
notice, order or other document or proceedings of whatever nature
in respect of any matter relating to the functions of the
Development Control Committee after consultation with the Head of
Legal and Democratic Services in respect of any proposal to
institute Court proceedings.