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Friday 21 November 2008

Responsibility for Functions

Section 2 - Scheme of Delegation

Delegation of Executive Functions

10.0 Key Decisions

10.1 In accordance with Article 13.4 the Leader, after consultation with Executive Members and the Chief Executive, will table at every meeting of the Executive a list of what he/she considers are key decisions and once this list has been approved such decisions shall not be taken other than by the full Executive.

11.0 Delegation to Executive Members

11.1 An Executive Member may take any decision other than a key decision which is both within his/her remit (as set out in Paragraph 8.0 above) and within the policy and budget framework in Part 4 of the Constitution.

11.2 Two or more Executive Members may jointly agree to make a decision which is within their collective remits.

11.3 If an Executive Member is absent or otherwise unavailable to act the Leader or the Deputy Leader  may exercise all the powers delegated to that Member in paragraph 11.1.

11.4 Before taking any decision under this delegation an Executive Member shall so far as is reasonably practicable consult any member whose division is particularly affected by that decision and shall arrange for a copy of any further report which he/she intends to take into account in coming to a decision to be made available to the Chairman of the relevant Overview/Scrutiny Committee(s) or to the local County Councillor if it relates to a local issue as described on paragraph 11.6 below.

11.5 A form summarising any such decision and signed by the Executive Member(s) shall be sent, together with a record of any report or other information which was taken into account by the decision-maker(s), to the Chief Executive immediately.

11.6 The decision will then be notified to all members of the Council within 2 working days of it having been made. If the decision relates to a local issue a member whose division is particularly affected may within 5 working days of such notification being given ask that the decision be referred to the full Executive for consideration. If the decision is of general application to the whole county any member may ask the Leader of his/her political group to require the decision to be referred to the full Executive for consideration. Where a decision relates to matter that would, had it been taken by the Executive, been considered as a Part II item in the absence of the press and public Members will be notifed of the decision and reminded that any documentation contains exempt information which should not be disclosed to the press and public.

11.7 Until the Executive has considered a decision which is the subject of a requisition under Paragraph 11.6 it shall not be implemented.

11.8 All forms sent to the Chief Executive in accordance with Paragraph 11.5 above shall be kept in a Register which shall be tabled at all meetings of the Executive and be available for public inspection.

12.0 Delegation of Committee Functions

12.1 The Chairman of any Committee (or in his/her absence the Vice Chairman) has delegated powers to make a decision in respect of any functions within the terms of reference of that Committee which for reasons of urgency cannot be delayed until the next ordinary meeting of that Committee and does not warrant convening a special meeting.

12.2 In the case of the Standards Committee the Vice Chairman shall exercise these powers if the Chairman is not a member of the County Council.

12.3 The procedure for recording and registering such decisions set out in Paragraph 11.4 and 11.5 above shall apply.

13.0 Delegation to Officers

13.1 For the purposes of this paragraph the words ‘Chief Officer’ shall mean:

  • the Chief Executive and the County Solicitor;
  • the Executive Director of Environment, Economy and Culture, the Executive Director of Finance IT & Trading, the Executive Director of Personnel & Performance, the Executive Director of Children and Young People's Services and the Executive Director of Adult & Community Services and in each case any person designated to act as his or her Deputy;

13.2 A Chief Officer is empowered to make all the day-to-day decisions which relate to the efficient discharge of the Council’s statutory functions and which are within the directorate or management responsibilities identified in his or her terms of appointment and for this purpose may authorise an officer in his/her Directorate to make any such decision on his/her behalf.

13.3 A Chief Officer is authorised to make the decisions referred to in paragraph 11.0 above but before doing so shall exercise careful, professional judgement, involving appropriate consultation, as to whether that decision is one which should be taken by an Executive Member.

13.4 Any decision under Paragraph 13.3 and taken after consultation with an Executive Member shall be subject to the same reporting arrangements as in Paragraph 11.0 above.

13.5 For the avoidance of doubt:

  1. ·All the specific delegations of subsisting duties and powers to members and individual officers in this Part of the Constitution and which are in the Register maintained by the Chief Executive under the Local Government (Access to Information) Act 1985 (as set out in the table overleaf) are hereby approved by the Leader of the Council (adjusted as necessary to reflect any variation in the title of job description of the officer concerned);
  2. Any statutory reference to "the Proper Officer" shall mean the County Solicitor as Monitoring Officer.

Section 3  —  Appeals against Adverse Determinations of Devon County Council Planning Applications

14.0 When the Development Control Committee resolves to refuse planning permission for an application in respect of the Authority’s own development proposals despite the fact that the Executive Director of Environment Economy & Culture has recommended that approval should be given the following procedure shall apply.

14.1 The relevant Executive Member and Chief Officer will consider the decision and indicate whether or not they intend to seek leave from the Executive to refer it to the Independent Panel;

  • If the Executive approves such a reference the Chief Executive will arrange for the decision of the Committee to be reviewed as soon as possible by the Independent Panel;
  • The Independent Panel shall be provided with the original papers submitted to and tabled at the meeting of the Development Control Committee, a full note of any representations made to and the minute of the Committee and an appeal statement by the promoting Directorate;
  • The Independent Panel may inspect the site of the proposed development and, but only if the Development Control Committee so wishes, may meet the Committee to discuss the reasons for its refusal.  It will not hold any form of public inquiry.
  • The Panel will prepare a report for the Development Control Committee recommending that the original decision should be confirmed, or amended, or replaced by a decision to grant approval (either conditional or unconditional);
  • Once it has been received by the Chief Executive the Panel’s report will be published on the agenda for and considered at the next meeting of the Development Control Committee but the recommendation of the Panel shall not be binding on the Committee.

14.2 No action to issue a Decision Notice in respect of the refusal shall be taken until, as the case may be, the Executive Member and Chief Officer have indicated that leave to appeal will not be sought, the Executive has declined to grant such leave or the Panel’s report has been considered by the Development Control Committee

14.3

  • The Procedures Committee shall approve a list compiled and maintained by the Chief Executive of at least five persons with suitable planning experience willing to serve on an Independent Panel for the purposes of this paragraph;
  • For every reference approved by the Executive the Chief Executive shall arrange for the appointment of a Panel of three persons on the list who live outside the immediate area of the site of the proposed development;
  • The persons serving on this panel shall be remunerated at the same rates as are currently paid by the Planning Inspectorate.

SCHEDULE OF DELEGATED POWERS

Local Government (Access to Information) Act1985

Section 100G(2)

TO ALL CHIEF OFFICERS

To provide professional and similar services to outside bodies where this is legally permissible.

To exercise day to day management responsibility in respect of operational land.

To make appointments, to approve regradings, to award merit increases and honoraria, to agree compassionate and special and unpaid leave, to authorise planned overtime and to take appropriate disciplinary action.

To divulge amounts of unsuccessful tenders when this information is required, but not the name of the tenderers.

TO THE CHIEF EXECUTIVE

Designated 'Head of Paid Service' (Section 4, LG&HAct 1989).

To appoint an officer as proxy for the Council at the general meeting of any company in which the Council is a Shareholder.

To make the necessary declaration on behalf of the Council under the provisions of section 86 of the Local Government Act 1972 when a member of the authority ceases to be a member by reason of failure to attend meetings for a period of six consecutive months without a reason for the failure having been approved.

To appoint LEA Governors following consultation with the Political Group Whips/Secretary taking into account existing practice as laid down in Minute N/2(b) of 7 June 1989.

To approve such changes to memberships of Committees, Joint Committees, Committees, Working Parties/Panels and Outside Bodies appointed by the County Council as may be notified from time to time by the relevant political group to which those seats have been allocated by the Council.

To exercise responsibility for the proviosion and management of all office accommodation.

To advertise in accordance with Standing Orders the sale of surplus (or, in appropriate cases, potentially surplus) land for any planning uses notwithstanding that such uses potentially conflict with the County Structure Plan; provided that any such advertisements make it clear that the council reserves the right to express an adverse view on any planning application made by prospective purchasers.

TO THE COUNTY SOLICITOR

Designated Monitoring Officer (Section 5, LG&HAct 1989).

Appointed as Proper Officer for Registration of Births, Deaths and Marriages.

To act on behalf of the County Council in respect of the Coroner's Service.

Appointed as Returning Officer for County Council elections.

To issue all Notices and Certificates under the Safety of Sports Grounds Act 1975 and make relevant charges in connection therewith.

To institute proceedings in respect of any breach of the Public Library Bye-Laws.

To register applicants under the War Charities Acts where the conditions of regist5ration have been fulfilled and where no objections have been received as a result of public advertisement.

To institute and conduct legal proceedings in Family Courts in connection with functions relating to children and young persons.

Legal Executives and Trainee Solicitors:

Authorised, pursuant to Section 223 of the Local Government Act 1972 to prosecute or defend or appear in proceedings before a Magistrate's Court on behalf of the County Council and to issue, process or do any other act or thing necessary to represent the Council in the County Court for the recovery of simple debts arising in contract, tort or by statute or in respect of other statutory matter.

To institute proceedings under section 40 of the Local Government (Miscellaneous Provisions) Act 1982 against persons unlawfully causing or permitting nuisance or disturbance on school or college premises.

To institute proceedings for non-attendance at Schools.

To institute proceedings in respect of alleged breaches of bye-laws relating to the employment of Children.

To publish and confirm Modification Orders following consideration of proposals by the Pubic Rights of Way Committee.

To institute legal proceedings for public rights of way offences.

To make and confirm non-contentious Public Path Orders following consultation with the local County Councillor.

To decide all matters relating to the Commons Register (including applications for the Registration of Village Greens) in order to maintain this as a current and accurate record of rights within the County.

TO THE EXECUTIVE DIRECTOR OF FINANCE IT & TRADING

Appointed responsible Officer under Section 151 of the Local Government Act 1972 for the administration of the financial affairs of the County Council.

To ensure the timely and efficient implementation and delivery of the Council's annual budget to exercise any powers under the Local Government Finance Act 1992, the Audit Commission Act 1998 and the Local Government Acts 2000 and 2003 relating to both capital finance and revenue expenditure in connection with precepting or borrowing requirements and accounting arrangements.

To reinstate pensions in exceptional circumstances.

To exercise discretions contained in the Local Government Pensions Schemes Rules.

To determine requests for early release of deferred pension benefits on compassionate grounds (with a right of appeal available to the Personnel Panel).

To amend the lodging allowance and the base rate of removal allowances annually according to changes in the retail price index.

To appoint one or more out side providers of "in-scheme" additional benefits for those members who wish to pay AVC's.

To sign schedules relating to vehicles supplied under the master agreement signed by the County Solicitor and to reach agreement with employees of the County Council for the use of Contract Hire Vehicles under the Devon County Vehicle Contract Hire Scheme.

To act as co-ordinator of the scheme and be given power to act on all financial matters associated with the official operation of Contract Car Hire.

To approve bridging loans and car loans for staff.

To keep a loans register in accordance with Section 46 of the Local Government & Housing Act 1998.

To determine the application of the Crombie Regulations.

To undertake long and short term borrowing within the limits set by Central Government and approved by the Council.

To introduce new borrowing arrangements as allowed for in legislation.

To approve virements below £20,000 in consultation with the appropriate Chief Officer.

TO THE EXECUTIVE DIRECTOR OF CHILDREN & YOUNG PEOPLE'S SERVICES

To approve, in consultation with the Director of Finance & IT, deficit budgets set by governing bodies (such approval to be granted for one year only and in exceptional circumstances).

To take decisions on financial assistance to costs of boarding education within agreed criteria (Report EO/87/119).

To approve bodies or persons employing school children under Section 37(3) of the Children and Young Persons Act 1933.

To act as the authorised Officer to require children over 2 to be medically examined in accordance with Section 34 of the Education Act 1944.

To appear before any Family Proceedings Court for the purposes of s36(1) of the Children Act 1989 and to decide not to comply with a Court Direction to institute proceedings for an Education Supervision Order.

(i) To review, in accordance with Section 11 Education (No.2) Act 1986, the composition of a governing body consequent upon a significant change in character of the school concerned;

(ii) To establish, in accordance with Section 12 of the Education (No.2) Act 1986, a temporary governing body for any new or proposed school and to appoint temporary governors in consultation with the Chief Executive; [NB: See also Delegations to Chief Executive]

(iii) To administer the day to day affairs of educational charities for which the County Council is trustee.

To prepare revised Instruments and Articles of Government for Devon Maintained Schools and make any necessary Orders.

To support projects involving applications for National Lottery Funds requiring LEA endorsement but without commitment to additional resources on behalf of the County Council.

To assess eligibility of projects for external funding.

To agree enhancements of the number of 3 year olds in a nursery unit where no other solution is deemed practicable and where it is necessary to maintain the viability of the unit.

To determine requests from schools to change early years admission arrangements.

To approve any changes in project costs of schemes included in the approved Children & Young  People's Services Capital Programme up to a maximum of £100,000 per scheme, in consultation with the Executive Director of Finance and IT and the relevant Executive Member.

To approve revenue and external contributions to locally funded schemes included in the approved Capital Programme up to a maximum of £25,000 per project, in consultation with the Executive Director of Finance and IT and the relevant Executive Member.

To issue, through the Education Welfare Service, Penalty Notices on behalf of the County Council relating to unauthorised absence of pupils from school.

To agree to the reimbursement of costs, without waiting for the completion of the legal aid process, in those exceptional cases where he is satisfied that delay would be harmful to the interests of the child, in accordance with the Adoption Act 1976.

Under the Adoption Act 1976 and Adoption Agency Regulations 1983:

(a) to consult with the Adoption panel (and with the Medical Adviser) and set out arrangements for governing the prospective functions of the Agency and the Panel and to review the same at least once every 3 years;

(b) to be satisfied that staff are appropriately qualified and experienced for the Agency's work;

(c) to nominate Medical Advisers;

(d) to set up certain procedures in relation to the child and his/her parents (e.g. counselling);

(e) to set up certain procedures in relation to a prospective adopter;

(f) to make a written report under (iv) and (v) to an Adoption Panel;

(g) to refer any proposal to place a child for adoption with a prospective adopter to a Panel;

(h) to decide the issues relating to whether or not a child should be adopted or freed for adoption, whether a prospective adopter is suitable and whether he/she is suitable for the particular child after considering the Panel's recommendations;

(i) to implement any decisions in accordance with these procedures;

(j) to review cases where 6 months have elapsed since a 'freeing' and no placement has been made.

To THE EXECUTIVE DIRECTOR OF ADULT & COMMUNITY SERVICES

To provide welfare services pursuant to Section.2 of the Chronically Sick and Disabled Persons Act 1970 within the current policies of the Council

To refuse to issues certificates in accordance with Regulation 10 under the Disabled Persons (Badges for Motor Vehicles) Regulations 1982.

TO THE EXECUTIVE DIRECTOR OF ENVIRONMENT, ECONOMY & CULTURE

To exercise the Council's powers and duties under the Reservoirs Act.

To take all actions necessary and to authorise other officers as appropriate to serve notices and grant authorisations under the provisions of the Highways Act 1980.

To review periodically the charge for Public Path Orders and to apply such increases as may from time to time appear to be reasonable.

To take all necessary action to comply with the Bus Service Tendering Regulations 1985.

To approve the design and siting of bus shelters and settle terms of agreements for the removal of shelters and display advertisements.

To engage consultants in connection with waste disposal matters.

To authorise street closures, signing, bunting in connection with street parties/official celebrations.

To authorise entry to land under Section 287 of the Public Health Act 1936 to ascertain suitability for waste disposal purposes.

To authorise emergency closures, weight restrictions etc., on county bridges.

To enter private land for purposes of the Mines and Quarries (Tips) Act 1969 to ensure stability of spoil tips.

To implement small schemes costed at less than £25,000 in the Devon Local Transport Plan and to vary the programme as necessary in line with DLTP objectives, to maximise delivery.

To plan and manage operational aspects of school transport and contract compliance.

To market professional services.

To respond as matter of urgency to any invitations to the County Council to co-operate in an overseas development contract subject to the Council's interests being adequately protected.

To approve the Vehicle Replacement Programme for vehicle purchases for all Directorates after consultation with the Director of Finance and IT.

To negotiate revenue payments with bus service operators for journeys on the approved network.

To authorise expenditure on experiments, publicity, grants, subsidies, tendering and capital schemes in connection with Public Transport Support and Development.

To remove immediately unauthorised signs on or adjacent to the Highway to depots and to charge for such removal.

To object to Traffic Commissioners and attend public inquiries relating to applications for Licences for Goods Vehicle Operators.

To take appropriate action for the provision of waste management facilities when it appears expedient to do so.

To take such urgent action as may be necessary to deal with any case of methane migration from landfill sites.

To approve expenditure for recycling projects up to a cash limit of £1,000.

To respond to issues relating to Strategic Planning and Regional Affairs within the Council's existing policy framework, in consultation with the Chairman of that Committee.

To negotiate agreements as required in respect of works of local relevance published by the library service.

To refuse to display or remove from display in public libraries any material deemed to be offensive to public taste or decency.

To make disbursements in accordance with the Council's Museums Policy and the Devon Museums Lifelong Learning Initiative.

TO THE HEAD OF TRADING STANDARDS

Appointed Chief Inspector of Weights and Measures for purposes of the Weights and Measures Act 1985.

To exercise all the powers and duties of an authorised officer/inspector and to institute and conduct before a Magistrates Court any legal proceedings on behalf of the County Council as local Weights and Measures Authority and Food and Drugs Authority.

To inspect, enter, investigate, enforce or institute legal proceedings in respect of the following Acts of Parliament or legislation made thereunder or any further legislation amending or re-enacting or extending the same:  

Accommodation Agencies Act 1953

Abandonment of Animals Act 1960

Administration of Justice Act 1970

Agriculture Act 1970

Agriculture Produce (Grading and Marking) Act 1928

Agriculture (Misc. Provisions) Act 1968

Animal Health Act 1981

Animal Health & Welfare Act 1984

Animal Health Act  2002

Animal Welfare Act 2006

Ant-Social Behaviour Act 2003

Banking Act 1987

Broadcasting Act 1990

Building Act 1984

Business Names Act 1985

Cancer Act 1939

Children & Young Persons (Protection from Tobacco) Act 1991

Charities Act 1992

Children and Young Persons Act 1933

Clean Air Act 1993

Common Law

Communications Act 2003

Companies Act 1985

Companies Act 2006

Companies Consolidation (Consequential Provisions) Act 1985

Companies Directors Disqualification Act 1986

Competition Act 1998

Consumer Credit Act 1974

Consumer Credit Act 2006

Consumer Protection Act 1987

Consumers, Estate Agents & Redress Act 2007

Control of Pollution Act 1974

Copyright, Designs and Patents Act 1988

Courts and Legal Services Act 1990

Criminal Attempts Act 1981

Criminal Law Act 1977

Dangerous Dogs Act 1989

Development of Tourism Act 1969

Dogs Act 1906

Dogs (Amendment) Act 1928

Education Reform Act 1988

Employment Agencies Act 1973

Energy Act 1976

Energy Conservation Act 1981

Enterprise Act 2002

Estate Agents Act 1979

Environmental Protection Act 1990

European Communities Act 1972

Explosives Acts 1875 and 1923

Explosives (Age of Purchase) Act 1976

Fair Trading Act 1973

Farm and Garden Chemicals Act 1967

Fireworks Act 1951

Fireworks Act 1964

Fireworks Act 2003

Food & Environment Protection Act 1985

Food Safety Act 1990

Forgery & Counterfeiting Act 1981

Fraud Act 2006

Gambling Act 2005

Hallmarking Act 1973

Health and Safety at Work Etc,. Act 1974

Housing Act  2004

Insurance Brokers (Registration) Act 1977

Insurance Companies Act 1982

Insolvency Act 1986

Intoxicating Substances (Supply) Act 1985

Knives Act 1997

Law of Property (Misc Provisions) Act 1989

Licensing Act 2003

Magistrates Courts Act 1980

Malicious Communications Act 1988

Medicines Act 1968

Merchant Shipping Act 1979

Mock Auctions Act 1961

Motor Cycle Noise Act 1987

Motor Vehicles (Safety Equipment for Children) Act 1991

Offshore Safety Act 1992

Olympic Symbol etc,. (Protection) Act 1995

Patents, Designs and Marks Act 1986

Petroleum (Regulation) Acts 1928 and 1936

Pesticides (Fees & Enforcement) Act 1989

Poisons Act 1972

Prices Acts 1974 & 1975

Property Misdescriptions Act 1991

Protections from Harassment Act 1997

Protection of Animals Act 1911

Protection of Animals (Amendment) Acts 1954 & 1988

Protection Against Cruel Tethering Act 1988

Protection of Animals (Anaesthetics) Act 1954

Protection of Animals (Penalties) Act 1987

Protection of Children (Tobacco) Act 1986

Registered Designs Act 1949

Road Traffic Offenders Act 1988

Road Traffic (Consequential Provisions) Act 1988

Road Traffic Foreign Vehicles Act 1972

Road Traffic Acts 1988 & 1991

Scotch Whisky Act 1988

Solicitors Act 1974

Telecommunications Act 1984

Theft Acts 1968 & 1978

Theft (Amendment) Act 1996

Tobacco Advertising & Promotion Act 2002

Timeshare Act 1992

Trade Descriptions Act 1968

Trade Marks Act 1994

Trading Stamps Act 1964

Trading Representations (Disabled Persons) Acts 1958 & 1972

Trading Schemes Act 1996

Unsolicited Goods and Services Act 1971

Unsolicited Goods and Services (Amendment) Act 1975

Vehicles (Excise) Act 1971

Video Recordings Acts 1984 & 1993                           

Weights and Measures etc,. Act 1976

Weights and Measures Act 1985

Welfare of Animals at Slaughter Act 1991

TO THE EXECUTIVE DIRECTOR OF ENVIRONMENT, ECONOMY & CULTURE AND COUNTY SOLICITOR IN RESPECT OF DEVELOPMENT CONTROL FUNCTIONS

Officer

1. Land Use Planning Functions

(a) In cases where an application stands to be decided by the County Council (a "County Matter" or County Council Development application) to approve the application without further reference to this Committee when the intended decision is in accordance with existing Development Plan policy and there are no significant objections from the appropriate District or Parish/Town Council or other parties.  Where representation ofobjection have been received which could be addressed by the imposition of appropriate planning conditions, or which relate to non material planning considerations, or standard 'in principle' objections, the Executive Director be empowered to determine such applications following receipt of the approval of the Chairman or Vice Chairman, and the Local Member. EDEEC
(b) In cases where an application stands to be decided by the County Council (a ‘county matter’) to refuse the application without further reference to the Development Control Committee where the application is clearly not in accordance with existing Development Plan Policy EDEEC
(c) To approve or refuse details reserved under an outline consent granted by the County Council subject to the intended decision raising no objection from the appropriate District or Parish Council; EDEEC
(d) To respond, on behalf of the County Council, to consultations by District Councils on planning applications, except:-
(i)cases which are not adequately covered by the policies or proposals of the Structure Plan;
(ii)cases where it is thought that a departure from the Structure Plan might be justified;(iii)any other case which because of its nature, size, or significance is thought to require Committee consideration.
(iii)any other case which because of its nature, size, or significance is thought to require Committee consideration. EDEEC
(e) In all cases of development by a District Council which requires the County Council's response being given within a period of twenty-one days, to issue such comment within the required period; should there arise any conflict of view between that expressed by the County Council and the District Council, the case to be referred to Development Control Committee. A similar procedure shall be applied also to development by Government Departments and consultations with adjoining Local Planning Authorities; EDEEC
(f) To comment on proposals for the erection of overhead electricity supply lines below 132kv, where the proposed line is not in conflict with existing Development Plan policy; EDEEC
(g) To determine Applications for Certificates of Appropriate Alternative Development under Section 17 of the Land Compensation Act 1961, except where the land is to be purchased for County Council purposes; EDEEC
(h) To attend and give evidence at Public Inquiries, and in particular, where appropriate, to give evidence on behalf of the authority in the light of amended circumstances; EDEEC
2. Highway Planning Functions:
(a)To respond on behalf of the County Council to consultations by District Councils on planning applications except in a case which because of its nature, size or significance is thought to require Committee consideration. EDEEC
(b) To attend and give evidence at Public Inquiries, and in particular, where appropriate, to give evidence on behalf of the authority in the light of amended circumstances; EDEEC
(c) To object to the grant of a licence by the Traffic Commissioners for Goods Vehicle Operating Centres on environmental grounds and on the suitability of the site provided; subject to cases of unusual importance being referred to the Development Control Committee and the local County Councillor. EDEEC
(d) To respond to consultations from the Secretary of State in respect or proposals to stop up or divert a public highway under the Town & Country Planning Act 1990, subject to consultation with the local County Councillor and provided that proposals which appear to EDEEC to be major or controversial are referred to the Development Control Committee for consideration. EDEEC
3. To undertake in consultation with CS/EDEEC enforcement action in order to secure compliance with conditions attached to permissions. CS and EDEEC
4. To determine applications for certificates of lawful use and development under s191 and s192 of the Town & Country Planning Act 1990. CS
5. To execute agreements pursuant to s106 of the Town & Country Planning Act 1990 and related powers including Section 278 of the Highways Act 1980, where such arrangements are necessary to meet the requirements of EDEEC (including educational or social infrastructure), excepting cases which because of their nature, size and significance, are thought to require the Development Control Committee’s consideration. CS
6.To make directions requiring an application for planning permission in respect of certain proposals for mineral exploration and removal of material from mineral working deposits (Directions under Article 7 of the General Permitted Development Order 1995);

CS

or EDEEC

7. To institute legal proceedings, to issue statutory notices and take all other related legal steps in connection with functions relating to town and country planning whether existing or future.

CS

orE DEEC

8. To set the price of documents on sale to the public. EDEEC
9. To issue screening opinions and offer scoping advice in respect of Environmental Impact Assessment requirements of "County Matter" and County Council Development Planning applications and Reviews of Old Mineral Planning permissions (ROMPs) — as required by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 and the Amendment Regulations 2000. EDEEC
10.To apply for listed building consent, conservation area consent and any necessary related planning permission.

EDEEC

or CS

11. To process and issue consents under the Planning (Hazardous Substances) Act 1990 (where these relate to County Matters). EDEEC
12. County Council proposals under the Town and Country Planning General Regulations 1992:- EDEEC
(a) To submit applications and carry out consultations and other procedures as appropriate. EDEEC
(b) To determine applications unless:
(i) there is objection to the proposed development from the relevant District or Parish Council.
(ii) the proposal is at variance with Development Plan policy.
(iii) EDEEC is responsible for any aspect of the management of any land or buildings to which the proposal relates; [where such development does not reflect the exceptions (i) and (ii) above,  the County Solicitor is authorised to issue directions as appropriate EDEEC/CS
(iv) Because of its nature, size or significance, the EDEEC in consultation with the Chairman of the Development Control Committee deems it requires Committee consideration (for example, a new school or significant redevelopment/extension scheme).
13. To exercise functions under the Environment Act 1995 Section 96 and Schedules 13 and 14 relating to the review of old mineral permissions and the periodic review of minerals planning permissions provided that issues which appear to EDEEC to be major or controversial are referred to Committee for consideration EDEEC
The Executive Director of Environment, Economy & Culture will not exercise delegated powers in respect of the determination of County Matters or County Council Development planning applications, or ROMPs without prior notification to the local County Council member pursuant to the procedures agreed by the Committee on 23 January 2001 [Minute 221* refers].

TO EITHER THE EXECUTIVE DIRECTOR OF ENVIRONMENT, ECONOMY & CULTURE OR COUNTY SOLICITOR IN RESPECT OF HIGHWAYS AND TRAFFIC ORDERS FUNCTIONS

To consult on traffic requests in the compilation of the Annual Report of Traffic Regulation Orders so as to ensure that this contains proposals of high priority.

To advertise Traffic Orders after consultation with elected members as outlined in the processes for implementation of the Local Transport Plan.

To implement Traffic Orders where there have been no significant objections.

To advertise Gateway Orders after consultation with elected members as outlined in the processes for implementation of the Local Transport Plan and to implement such Orders where there have been no objections

To make temporary road closure orders.

To grant consents, approvals, licences and minor property rights in connection with operations on under over or adjacent to the highway.

To protect the rights of the public to use highways safely.

To implement matters required by an agreement under section 106 of the Town and Country Planning Act 1990 where the cost of the work is to be met by the developer.

To consult on the schemes on the agreed priority list in conjunction with local members prior to bringing forward the schemes for formal approval as necessary.

To administer the Advance Payment Code, the private street works procedure and the making of highway agreements arising from development proposals.

To receive petitions and undertake consequent investigations/actions thereon as they may relate to Traffic Orders, the administration of the Advance Payment Code, the private street works procedure and the making of highway agreements arising from development proposals.

To institute, defend and conduct any legal proceedings, criminal or civil or any process before any court or other tribunal in connection with highway matters and to settle any claim.

To authorise the entry onto land for the purpose of survey or to maintain any structure on, over or under such land.

To make improvements within or adjoining the highway up to a value of £25,000 (works) including land acquisition within specific allocations made to projects in the approved works list, all maintenance works and markings.

To express a technical view when consulted by other organisations on minor issues such as Pavement Cafe licences and to take any necessary administrative action in connection therewith.

TO THE EXECUTIVE DIRECTOR OF ENVIRONMENT, ECONOMY & CULTURE AND THE EXECUTIVE DIRECTOR OF FINANCE, IT & TRADING
To trade permits, as and when required, through the Waste Management Earmarked Reserve to ensure the Council complies with the Landfill Allowance Trading Scheme.

Section Four - Locality Budgets Operating Principles

General Guidance

Devon County Council has allocated a budget to each of its 8 County Committees. The  amount is fixed annually by the Council to be applied within the 'operating principles' approved by the Council’s Executive as set out below  together with the County Council's corporate goals.  It is a matter for each County Committee to determine how its budget is to be allocated (i.e. one overall budget determined by the Committee or at the discretion of members individually).

The intention is that County Committees seek to 'add value' to local activity which benefits local communities and to support work which furthers the County Council's strategic objectives.  Members are encouraged to be proactive in considering the kinds of activity which would most benefit their areas, rather than waiting to be lobbied by active local groups.

Locality Budgets Operating Principles

The use of such funds will vary from one area to another, in part reflecting the diverse nature of the communities that make up the County. Furthermore, there are some parts of Devon in which various funding designations mean there are different possibilities for matched funding (e.g. the Objective 2 area).

Certain principles and monitoring arrangements need to be in place to inform the use of such locality budgets, ensure financial probity, value for money and accountability. These should include:

Decisions being backed by evidence of need and the extent to which the investment contributes positively to the Council's Corporate Goals (expressed in the Strategic Plan) and/or to the Devon Community Strategy, and/or any other published community strategy or plan of which the Council is a partner or supports (e.g. district community strategies, parish plans, market and coastal town plans).

The project not being able to be easily funded from another source (the principle of "investor of last resort").

Consistency with (and not contrary to) the council's prevailing policies.

Evidence of value for money (perhaps measured in part by match-funding leverage secured).

Evidence of proper procurement practices.

Transparency and accountability.

Appropriate levels of auditing and accounting.

The extent to which the investment encourages or triggers partnership working.

Areas for which the locality budget may not be used:

Funding of individuals.

Reinstating a cut in service or activity arising from an earlier policy decision of the County Council or other public body, other than in exceptional cases, on a one-off basis, which would need agreement by the Executive. Other exceptions would include areas in which although there is no longer a budget the work would comply with County policy.

As ongoing yearly commitments, unless specifically agreed by the Executive in advance.

County Community and Strategy Officers can provide support and guidance on ensuring that the principles of this scheme are met when decisions to invest are made.

Where, with the agreement of a County Committee, locality budgets are divided amongst members individually, all provisional allocations shall be submitted to the next meeting of the relevant County Committee for confirmation.  Where, for reasons of urgency, determination of an application cannot be delayed until the next meeting and it does not warrant the convening of a special meeting then the decision may be taken by the  Chairman or Vice-Chairman of the County Committee in accordance with paragraph 12.1 of Part 3 of the Constitution.

Monitoring

County Community and Strategy Officers (as the accountable budget officers for these funds) will maintain suitable records that satisfy the County Council's financial regulations and which enable the County Committees to receive regular budget updates. In addition, an annual statement of impact, detailing the projects and activities funded and the benefits that have accrued will be reported to each County Committee and circulated to all Members of the Executive for information. In the event of a decision being taken which does not accord with the understood operating principles taken the Executive may, within five days of the County Committee Meeting, have the decision referred to the next meeting of the Executive for a decision to be taken.

Carry forward of unallocated funds.

Carry forwards will be allowed only with the express approval of the County Council.

Members Interests

The provisions of the Members’ Code of Conduct (Part 6 of the Constitution) shall apply where an individual member is exercising powers in accordance with this section.

Where an individual member is submitting a particular allocation he shall record on the proposal form details of any personal interest or dispensation granted to him/her or any Member(s) involved in or consulted upon this decision (in the same way as Executive Members are required so to do in relation to Executive decisions made by them..

Devon County Council's Corporate Goals as expressed in the Strategic Plan 2006-11

  • The best possible start in life helping our children and young people
  • A stronger Devon economy
  • Celebrating Devon's culture
  • Improving Devon's environment
  • Promoting independence and choice helping older people and those with disabilities
  • Making Devon greener

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