Part 3 - Responsibility for functions

Below are the responsibility for functions.

Parliament has decided that the Cabinet should not be responsible for determining applications for permissions, approvals, licenses, consents and certificates under the Town and Country Planning Act 1990 and other related statutes. The Council has therefore established the Planning Committee to carry out these functions.

Table 3.05: The duties of the Planning Committee

 

(1)

Function

(2)

Provision of Act or Statutory Instrument

1.

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).

2.

Power to determine applications to develop land without compliance with conditions previously attached.

Section 73 of the Town and Country Planning Act 1990.

3.

Power to grant planning permission for development already carried out.

Section 73A of the Town and Country Planning Act 1990.

4.

Power to decline to determine application for planning permission.

Section 70A of the Town and Country Planning Act 1990

5.

Duties relating to the making of determinations of planning applications.

Sections 69 and 92 of the Town and Country Planning Act 1990 and Articles 8 to 22 of the Town and Country Planning (General Development Procedure) Order 1995 (S.I.1995/419)) and directions made thereunder.

6.

Power to determine applications 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).

7.

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).

8.

Power to enter into agreement regulating development or use of land.

Section 106 of the Town and Country Planning Act 1990.

9.

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.

10.

Power to serve a completion notice.

Section 94(2) of the Town and Country Planning Act 1990.

11.

Power to authorise entry onto land.

Section 196A of the Town and Country Planning Act 1990.

12.

Power to require the discontinuance of a use of land.

Section 102 of the Town and Country Planning Act 1990.

13.

Power to authorise the issue and service by the Assistant Director of Legal Services of a planning contravention notice, breach of condition notice or stop notice.

Sections 171C, 183(1) and 187A of the Town and Country Planning Act 1990.

13A

Power to authorise the issue and service by the Assistant Director of Legal Services of temporary stop notice.

Sections 171E of the Town and Country Planning Act 1990.

14.

Power to authorise the issue and service by the Assistant Director of Legal Services of an enforcement notice.

Section 172 of the Town and Country Planning Act 1990.

15.

Power to apply for an injunction restraining a breach of planning control.

Section 187B of the Town and Country Planning Act 1990

16.

Power to determine applications for hazardous substances consent and related powers.

Sections 9(1) and 10 of the Planning (Hazardous Substances) Act 1990 (c.10).

17.

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, paragraph 9(6) of Schedule 13 of the Environment Act 1995 (c.25) and paragraph 6(5) of Schedule 14 to that Act.

18.

Power to require proper maintenance of land.

Section 215(1) Town and Country Planning Act 1990.

19.

The obtaining of information on interests in land.

Section 330 of the Town and Country Planning Act 1990.

20.

The obtaining of particulars of persons interested in land.

Section 16 of the Local Government (Miscellaneous Provisions) Act 1976.

21.

Powers relating to the preservation of trees.

Sections 197 to 214D of the Town and Country Planning Act 1990 and the Trees Regulations 1999 (S.I.1999/1892).

22.

Powers relating to the protection of important hedgerows.

The Hedgerows Regulations 1997 (S.I.1997/1160).

23.

Any function in relation to contaminated land.

 

24.

Any function relating to the control of pollution or management of air quality.

 

25.

Power to consider applications to assess environmental effects in relation to applications to develop land.

Section 71A of the Town and Country Planning Act 1990, the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI 1999/293) or any regulations amending or replacing the same.

26.

Any other function relating to town and country planning that is the responsibility of the County Council as Local Planning Authority arising under any Act of Parliament now or in the future and any statutory instrument or order made thereunder and which is not reserved by the law or the Constitution to the full Council, the Cabinet or another Council body.

 

Planning Committee Membership

15 County Councillors.

County Councillors shall have completed training approved by the Monitoring Officer before taking part in decisions by this Committee.

Page updated: 13/07/2021 Page updated by: Gloucestershire County Council

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