4. Specific delegation of exercise of functions to officers: Planning Committee

4.1 The following functions of the Planning Committee are delegated to the Director of Planning and Housing and to such officers as that Director may approve:

4.2 Applications made under the Planning Acts

4.2.1 To approve or refuse an application where comments or objections conflicting with such a decision are received from less than two premises.

4.2.2 To approve or refuse an application where the Parish or Town Councils approve/refuse comment and/or Local Member “request to refer to Committee for determination” comment is not substantiated with relevant material planning considerations and two other comments or objections conflicting with such a decision are received from less than two premises.

4.2.3 To refuse an application irrespective of conflicting views where a proposal is in conflict, in principle, (as distinct from upon application of criteria based policies) with the Local Plan and where no significant material considerations are raised by anyone.

4.2.4 To refuse an application where the decision is based on inadequate information/quality of application submission. (Note: applicant can resubmit the application without payment of a further fee).

4.2.5 To approve an application where no neighbour views are relevant to the determination of the application e.g. where they raise the question of a boundary dispute, loss of view, loss of value etc. or where plan revisions are judged to satisfy an original objection but their view persists and the objection is not withdrawn and comments conflicting with such a decision are received from less than two premises.

4.2.6 To refuse an application in default where amended plans are being sought to overcome a problem and they are not received.

4.2.7 To refuse an application where the proposal is in conflict with published design guidance and the views of the Council's Conservation Architect irrespective of any conflicting views from third parties.

4.2.8 To approve or refuse an application where a previous application proposal is being renewed, revised or resubmitted and the decision is consistent with a previous decision and where there has been no significant change in circumstances irrespective of any conflicting views from third parties.

4.2.9 Officer delegated power to refuse an application does not apply to those applications relevant to business proposals likely to generate employment. Recommendations for approval (or refusal) where there are material planning objections (or support) from either local residents or a Parish or Town Council will be referred to Committee for determination.

4.3 Enforcement of Planning Control

4.3.1 To serve planning contravention notices and, subject to legal advice, to prosecute for non-compliance with such notices.

4.3.2 Subject to legal advice, to serve breach of condition notices and, subject to further such advice, to prosecute for non-compliance with such notices.

4.3.3 Where enforcement action has been authorised by a Planning Committee in a particular case.

Unless the taking of any such step has been specifically excluded by the Committee in the particular case.

4.3.4 When she/he considers that it is necessary to take urgent enforcement action before the next scheduled meeting of a relevant Planning Committee, to take any of the steps referred to in 4.3.3 above, after consultation with the Chairman or Vice-Chairman of the particular Planning Committee or, in their absence, the relevant Cabinet portfolio holder, subject to legal advice at the time and to reporting details of the action so taken to the next following meeting of the particular Planning Committee.

4.4 Other Functions Falling within the Terms of Reference of the Planning Committee

4.4.1 To exercise all other functions falling within the terms of reference of the Planning Committee whether by the service of notices, making or confirmation of orders, directions or dispensations, issue of determinations or certificates, lodgement of comments or objections, commencement of proceedings, lodgement of appeals, withdrawal or discontinuance of any matter or action, responding to any matters served upon the Council or otherwise.

4.5 Temporary Stop Notices

4.5.1 The Director of Planning and Housing, the Development Control Manager, the Area Planning Officers and the Enforcement Officer are authorised to issue and serve a temporary stop notice.

4.6 General Principles against which all Planning Delegations are to be exercised

4.6.1 Despite the availability and extent of any delegated power in any particular case, any officer exercising or advising upon the exercise of such power shall first consider whether, in his or her judgement, the matter ought nevertheless to be referred to the Planning Committee or whether the Chairman or Vice-Chairman of the Committee ought to be consulted. The officer shall have a duty to act in accordance with his or her own judgement in that respect.