PART 3 - Responsibility for Functions - Committee Structure The following pages comprise a diagram illustrating Committee Structure of the Council, Terms of Reference for each component part of Committee Structure, Scheme of Officer delegations. TABLE 2 [Membership of Committees is as indicated or agreed by Full Council at its AGM.] COMMITTEE FUNCTION The following is just an indication of the scope and function of the various Committees Full Council Best Value Local Performance Plan Housing Investment Strategy Community Plan Local Agenda 21 Strategy Crime And Disorder Reduction Strategy Local Transport Plan Food Law Enforcement Service Plan Local Development Framework and accompanying documents Overall Budget Framework Overall Policy Framework, Including Such Other Policy Matters As May Be Determined By Council Shall Be Within The Remit Of The Council To Determine. Corporate Plan Receive Minutes from area forums and groups. Overview & Scrutiny Panel To perform the overview and scrutiny role in relation to: - The Policy Committee - The Services Committee - Area Forums - Community Safety - Planning Policy - Audit - Best Value/CPA and any other matter determined by the Council. Policy Committee Authorise consultations with residents The Formulation of the Policy Framework & Budget & the Implementation of these In Respect of the Council Functions and Services not otherwise the Responsibility of Full Council or any Other Committee, In Particular Finance and Personnel Co-Ordinate Policy Development Control Human Resources And Training Issues Administration Of The Revenues And Benefits Service Matters Relating To Fraud Detection Direct Allocation Of Financial Resources, Including Setting Borrowing Limits Co-Ordinate Budget Strategy And Preparation For Both Revenue And Capital Matters Devise Standing Orders Relating To Contracts, Financial Regulations Make Appointments To Outside Bodies On Which The Council Should Be Represented Deal With Elections Matters IT And E-Government Co-Ordination of Policy matters Relating to Crime and Disorder Comment On National Regional And Local Consultations Responsibility For Insurance Local Land Charges Recommend Council Tax Levels To Council Emergency Planning Recommend Byelaws To Council Internal Health And Safety Matters Asset Management Economic development regeneration, highways and transport, council owned land Town centres management Economic development matters Promotion of tourism Responsibility for the equal opportunities and Racial Equalities plan To receive minutes and notes of meetings from the Financial Management group and CPA Services Committee Authorise consultation with residents The formulation of the budget & policy framework & the implementation of these in respect of community safety, conservation, waste collection & disposal Sustainable Development And Environmental Issues, Brocks Hill Millennium Park Allotments, Cemeteries Parks pavilions, Sports Grounds And Open Spaces, Public Conveniences Refuse Collection And Recycling, Street Cleaning Borough Engineering Including Car Parking And Traffic Regulation Matters Grounds Maintenance Housing (public & private), leisure, culture & recreation Anti-Poverty Initiatives Community Development Housing Repairs And Maintenance, Housing Estate Management, Housing Community Care And Older Persons Services, Improvements For People With Disabilities Distribution Of Grants Environmental Health, Health Promotion Control Of Food Poisoning And Other Notifiable Infectious Diseases, Dog Control And Animal Welfare Food Safety Enforcement, Health And Safety At Work, Pest Control, Home Energy Conservation Private Housing Services Committee issues not already dealt with by the Youth Forum Leisure And Arts Matters Health & Safety Other matters provided by Council Development Control The formulation of the budget & policy framework & the implementation of these in respect of planning and development control functions including enforcement All functions under the planning acts or any other function of the council as local planning authority, other than property management, acquisition and disposal Building Control Standards Committee The promotion & maintenance of high standards of conduct within the council, as set out in article 8 Appeals Panel It is responsible for: • Decisions on intentional homelessness; • Related housing matters called -- in for consideration under consultative procedures; and • Internal personnel appeals. And such other hearings, appeals that may be required Licensing Committee The formulation of the budget & policy & the implementation of these in respect of the licensing functions undertaken by the council including the new Licensing Act 2003 Sub committees under Licensing Act 2003. AREA FORUM FORUM/ GROUP FUNCTION The following is just an indication of the scope and function of the following forums Oadby, Wigston and South Wigston Forum To increase public involvement in Council services To deliver the Council’s policy to participate and influence the delivery of Council policy Monitor the performance of Council services in their locality, with particular emphasis on cross-service working Youth To increase public involvement in Council services by younger citizens To deliver the Council’s policy sensitively and effectively having regard to younger citizens The formulation of the budget & policy framework & the implementation of these in respect of youth development within the whole borough Undertake initiatives to promote the welfare of young people Supervise detached youth work in the borough Administer grants relating to young peoples projects To receive minutes and notes of meetings from the Crime & Disorder group relating primarily to Youth issues not dealt with by the Services Committee Monitor the performance of Council services in their locality, with particular emphasis on cross-service working Senior Citizens To increase public involvement in Council services by older citizens To deliver the Council’s policies sensitively and effectively having regard to the needs of older citizens Monitor the performance of Council services in their locality, with particular emphasis on cross-service working LSP To co-ordinate the work of public service bodies working in Oadby and Wigston to serve local residents To produce a Community plan for Oadby and Wigston To ensure the implementation of the Borough’s community plan Crime & Disorder Partnership To increase public involvement in Council services To deliver the Council’s policy To draw up the borough’s Statutory crime and Disorder reduction strategy and oversee its implementation, including the devising of spending plans and the spending of budgets allocated for the purpose of crime and disorder reduction in the borough. Access Group Monitor the performance of Council services in their locality, particularly with regard to the needs of people with disabilities, with particular emphasis on cross-service working Consult people with disabilities on access matters relating to proposed new developments in the Borough Act as a sounding board for equal opportunities issues with particular regard to the needs and perspectives of people with disabilities Interview panel To conduct interviews as required for senior staff appointments in authority Highways To involve locally elected councillors in decision making regarding highway functions exercised by the highway authority To consult local councillors on local needs and priorities on highway matters To have oversight of the implementation of capital and revenues highway projects undertaken by the highway authority Delegation Rules 1.0 General 1.1 Subject to the following Rules, where any function, power or responsibility is delegated to any officer or body, that officer or body shall, unless otherwise stated in Part 3, have full power to act in all respects in the name of the Council and may exercise in the name of the council any discretion countenanced by statute, regulation or in common law in relation to the discharge of that function, power or responsibility and all matters ancillary or incidental thereto. 1.2 Unless otherwise stated or expressly limited, all Deputy Chief Officers shall have the like delegated powers, functions and responsibilities as their respective Chief Officers in their absence. 2.0 Restrictions on all delegations 2.1 No officer shall set fees or charges. 2.2 No officer or body shall exercise any power, function or responsibility in a way which is not in accordance with the policy framework of the Council or is contrary to any policy of the Council bearing upon the matter in question. 2.3 No officer shall spend money for which there is no or insufficient budget provision, after available virement. 2.4 No officer, or body shall exercise any power, function or responsibility which had been delegated but where the power, function or responsibility has been withdrawn or has been reserved to any other person or body. 3.0 Supplementary provisions 3.1 Any officer with delegated powers or functions may delegate those powers or functions in whole or part to any other suitably experienced and qualified officer – but shall remain accountable and may himself or herself continue to exercise or share those powers, functions or responsibilities. 3.2 Any Policy Committee, with delegated powers may delegate any such power or responsibility to a relevant Chief Officer – but shall remain accountable and may itself, himself or herself continue to exercise or share those powers, functions or responsibilities. 3.3 The exercise of any delegated power, function or responsibility may be restricted by the delegating person or body. Restrictions may be financial, numerical, subject to local member(s)’, leader’s and/or committee Chairman’s consultation or approval, subject to time limit, or in any other way. 3.4 All persons and bodies with delegated powers shall record and report substantive decisions made under those powers . 3.5 The Chief Executive has general Delegated Power to act in the name of any Chief Officer or in an Emergency 3.5.1 The Chief Executive shall have power to act in the name of any other chief Officer in his or her absence. 3.5.2 The Chief Executive (or any other Chief Officer in his or her absence) may exercise any power or function, which is in law capable of delegation, in any emergency threatening life, limb or substantial damage to property within the Borough. The Chief Executive shall consult with the Leader of the Council (unless the Leader cannot be contacted after all reasonable efforts have been made). The exercise of such power or function shall be confined to the minimum necessary to deal with the emergency and shall be reported to the next meeting of the Policy Committee or the Council, whichever shall be the first. 3.6 Ancillary Powers of all Chief Officers All Chief Officers shall have full delegated power:: 3.6.1 To undertake day-to-day management and control of the staff reporting to them and the premises and services for which they a re responsible. 3.6.2 To approve the acquisition and disposal of any interest in property by the Council where the sale or purchase price of annual rent does not exceed £2,500 provided the terms have been approved by the District Valuer, or the Council’s valuer, and the Director of Resources and the acquisition or disposal is a necessary part of a policy, scheme or plan approved by the Council. 3.6.3 To dispose, for the best terms available, of vehicles, stores and equipment which, following consultation with the Director of Resources, they consider to be surplus to requirements. 3.6.4 To initiate appropriate action, in consultation with the Head of Paid Service, on matters relating to recruitment, selection and career development of staff generally except Deputy Chief Officers and to take disciplinary action (including dismissal) in accordance with the Council’s disciplinary procedures. 4.0 Reporting Delegation of Powers At the next available meeting of the appropriate committee onwards delegation or any withdrawal of or changes in limits on delegation shall be reported and recorded, and the Leader shall report such matters to the next available meeting of Council. Delegations by Council, and any changes in the delegation scheme previously approved by the Council, shall be similarly recorded. 5.0 Validity of decisions taken under Delegated Powers 5.1 It shall be presumed that any recorded delegated power remains extant (within any limits set thereon if appropriate) unless the Policy Committee or the Council, as the case may be, determines or changes that delegation and either the Proper Officer certified that fact or there is an approved minute of any such determination or change. 5.2 The exercise or purported exercise of any recorded delegated power shall be valid for all purposes notwithstanding that there may have been any inadvertent defect in formality in the giving of notice of any meeting to any Councillor, inadvertent failure to consult any person or observe any protocol or code contained in this Constitution or any other administrative error. This shall not apply to any purported exercise of any power by a non-quorate body. 6.0 General Delegated Powers and Proper Officer Responsibilities (a) All Chief Officers shall have full power to do all such things and exercise all such discretions within their respective functions and areas of responsibility as set out in Article 12 above in relation to all operational matters, subject strictly to the Delegation Rules in Part 4. These powers, though described in general terms, are intended to allow Chief Officers freedom of operation management, within service areas, within policy and within budget. Where there is doubt as to whether a power exists or existed, the Chief Executive shall advise and may certify in writing accordingly. (b) Any limit or restriction upon the general delegated powers under paragraph 3.3 of the Delegation Rules shall be reported to the Council and recorded by the Proper Officer [paragraph 4, ibid]. In this paragraph and in all the Part 4 Rules relating to committee and Council administration, reference to the ‘Proper Officer’ shall mean the Chief Executive or such suitably experienced senior officer as the Chief Executive may appoint. (c) Unless otherwise provided by law or in this Constitution, each Chief Officer, within his or her respective functions and areas of responsibility set out in Article 12 shall also be the respective ‘Proper Officer’ in all cases where statute or regulation requires or provides for the Council to appoint a ‘Proper Officer’ but any Chief Officer may delegate any such responsibility to a suitably experienced senior officer. (a) All Proper Officer appointments not already set out in this Constitution, other than general appointment under paragraph (c) above, whether of or delegation by any Chief Officer, shall be recorded by the Chief Executive and that record shall be kept up to date and available for inspection in the same manner as the scheme of delegations of powers. COMMITTEE AND GROUPS REPORTING STRUCTURE AND LEAD OFFICER’S RESPONSIBILITIES Shall be responsibility of Chief Executive in consultation with Leader SPECIFIC POWERS DELEGATED TO POLICY COMMITTEES AND OFFICERS COMMON DELEGATIONS Delegation common to all Committees (unless otherwise delegated) On any issue within the remit of a Committee ? Agree draft policies for approval by Council ? Prepare byelaws and adoptive legislation for approval by Council ? Propose fees and charges for adoption by Council ? Make representations to and liaise with outside bodies/individuals ? Seek and accept tenders above Officers' financial limit within budget framework ? Set up, and make nominations to ad hoc groups Delegation to Officers, Common to all Committees On any issue within remit of individual Committee ? Seek and accept tenders below approved financial limit (Appropriate CHIEF OFFICER) ? Draw up and approve specification timetable, select list, evaluation procedures for tenders (unless reserved to a Committee (Appropriate CHIEF OFFICER) ? Evaluate tenders, and monitor contract progress (Appropriate CHIEF OFFICER) ? Be responsible for all publicity Chief Executive ? Issue requisitions for information (HEAD OF LEGAL) and be responsible for prosecutions thereunder (HEAD OF LEGAL) ? Institute defend or conduct legal proceedings (HEAD OF LEGAL) ? Collect and recover fees and charges (Appropriate CHIEF OFFICER) ? Maintain all statutory registers which the Council is required or empowered to keep (Appropriate CHIEF OFFICER) ? Authorise Officers to undertake enforcement duties under statutory provisions. A list of authorisations as and when amended to be reported through the Monthly Bulletin (CHIEF EXECUTIVE) ? Have the power to delegate further to Officers any power/duty which is delegated to Offices under this scheme (Officer to whom delegated in first instance) SPECIFIC DELEGATIONS POLICY COMMITTEE ? Co-ordinate Council Policies, consider and approve any Report required by statute publicising Council Policies and objectives and resources available ? Co-ordinate Council's financial resources subject to overall budget framework ? Ensure adequate resources are maintained and safeguarded ? Recommend to any Committee any steps considered necessary to achieve Council Policy ? Consider financial implications of policies of other Committees ? Oversee revision of Council's Standing Orders, Contractual Standing Orders, Financial Regulations, Terms of Reference and Scheme of Powers and Duties and Delegations for approval by Council ? Make recommendations on Committee structure, membership numbers, or constitutional issues ? Make civic ceremonial recommendations to Council ? Deal with all matters concerning European, Parliamentary, County or Borough Elections, and Electoral Registration ? Authorise outside body nominations and subscriptions ? Appoint Ad Hoc Groups for grievance procedures and grading appeals ? Nominate Members of Staff Joint Committee ? Confirm appointment of Chief Officers and Officers of SCP43 and above ? Review establishment, supervise internal organisation to ensure adequate allocation of resources ? Authorise payment of all Council accounts and oversee all financial matters including Council bank accounts and emergency payments ? Approval for purchasing above Officers' financial limit subject to budget framework ? Authorise write-offs above approved financial limit subject to financial regulations ? Agree valuation lists ? Raise capital monies subject to budget framework ? Propose loan consents to Council ? Propose borrowing limits to Council ? Recommend Council Tax level to Council ? Publish annual Abstract of Accounts ? Submit annual estimates to Council ? Manage Capital Reserves subject to budget framework ? Authorise disposal of surplus vehicles, plant and equipment ? Effect arrangements for insurance against all risks arising out of exercise by Council of its duties and powers ? Be responsible for all matters regarding Council status as administrator or trustee of any trust or charity ? Be responsible for the administration of the system of Local Land Charges ? Liaise with commercial/business interests as required by LGFA 1992/LGHA 1989 ? Deal with all matters affecting the Borough or its inhabitants not specifically dealt with by other Committees and act in any emergency affecting the Borough or its inhabitants ? Prepare byelaws and adoptive legislation not within remit of other Committees to Council ? Consider, promote or oppose Bills etc., not within remit of other Committees, Sub-Committees, subject to Council's approval ? Exercise powers and duties of Council in the implementation of Health and Safety in the work of the Council ? Oversee security of civic premises not within remit of other Committees ? Consider and determine applications for grants to voluntary/non-profit making bodies and for individuals within the Borough ? Oversee all initiatives to promote economic development within the Borough ? Propose annual budget estimates to Council ? Oversee all initiatives to promote tourism within the Borough (Chief Executive) ? Oversee all initiatives to secure funding for regeneration in the Borough ? Oversee all Town Centre Initiatives ? Propose economic development and town centre strategy and policy for approval by Council ? Oversee the allocation of revenue resources for economic development subject to the budget framework ? Consider & determine through a panel of Members, any appeal against refusal of an award of Discretionary Housing Payments Delegation to Officers within Remit of Policy Committee ? Award mandatory relief from NNDR (DIRECTOR OF RESOURCES) ? Award discretionary relief from NNDR (DIRECTOR OF RESOURCES, consult Chair) ? Approve staff car purchase loans (DIRECTOR OF RESOURCES) ? Approve attendance at training courses (Appropriate CHIEF OFFICER) ? Approve assistance towards approved exam (Chief Executive) ? Authorise staff below SCP29 to work overtime (Appropriate CHIEF OFFICER) ? make appointments other than Chief Executive, Directors, or Officers at SCP43 and above (Appropriate CHIEF OFFICER) Implement national and provincial Circulars on conditions of service of employees (Appropriate CHIEF OFFICER) ? Authorise write-offs up to approved financial limit (DIRECTOR OF RESOURCES) ? Be responsible for recovery and collection of Council income and debts within remit of Committee, including NNDR and Council Tax (DIRECTOR OF RESOURCES) ? Authorise purchasing below approved financial limit (DIRECTOR OF RESOURCES) ? Be responsible for Emergency Plan operational matters (Chief Executive) ? Develop action plans for Council's strategies and objectives and implement such plans when approved (Appropriate CHIEF OFFICER) ? Implement policies on customer care, press and public relations (Chief Executive) ? Approve Service Delivery Plans, in accordance with agreed policy framework (Appropriate CHIEF OFFICER) ? Administer and issue grants approved by Committee ? Delegation to officers common to all Committees (Appropriate CHIEF OFFICER) ? Administer all initiatives to promote economic development and Town Centre initiatives within the Borough (Chief Executive) ? Implement projects approved by the Committee and for which budget provision has been made ? Administer all initiatives to promote tourism within the Borough (Chief Executive) ? Award Discretionary Housing Payments (DIRECTOR OF RESOURCES) YOUTH FORUM ? Propose Youth Strategy and Policy to Council ? Oversee implementation of Youth Strategy and Policy ? Consider and determine applications for grants to voluntary/non profit making bodies and/or individuals in connection with youth provision within the Borough ? Oversee propose and implement Capital Projects for youth matters ? Oversee the Detached Youth Work project within the Borough ? Propose annual budget estimates to Council ? Delegation common to all Forums Delegation to Officers within remit of Youth Forum ? Administer and issue grants as approve by Committee (DIRECTOR OF RESOURCES) ? Implement Youth Strategies and Action Plans (Appropriate CHIEF OFFICER) ? Implement revenue and capital projects approved by Youth Forum Committee and/or for which financial provision is made within budget framework ? Delegation to Offices common to all Sub Committees (Appropriate CHIEF OFFICER) SERVICES COMMITTEE ? Propose and consider Policy and Strategy on all matters within the remit of the Committee ? Enter and monitor joint schemes within outside bodies in relation to housing ? Authorise sale of houses under Housing Acts apart from matters within Article 4.01 (c) of the Constitution ? Identify sites for travelling people if appropriate ? Propose rents and charges to Council ? Authorise demolition of houses, repair and improvement of housing ? Declare clearance/housing action areas in consultation with development Control Committee ? Consider needs of Borough as to provision of housing accommodation (HRA) ? Approve erection/alteration of PCN equipment on Council housing stock ? Be responsible for all matters concerning fun fairs, circuses, shows, rallies etc., in consultation with other Committees if appropriate. ? Be responsible for supervision and employment of persons employed in and about the cleaning of the Council Offices ? Determine applications (including grants) relating to Council's housing stock where refusal would ordinarily be made in line with policy ? Propose Housing Strategy to Council and oversee implementation of the Strategy ? Authorise termination of tenancies ? Give approval for evictions ? Authorise provision and siting of children's play equipment and the like ? Authorise spending from within own budget ? Deal with all matters relating to sports and/or leisure provision within the Borough, not within the remit of another Committee ? Agree security measures for parks, open spaces, and for Council buildings not within the remit of any other Committee ? Adopt public Open Spaces ? Exercise powers and duties of Council with respect to road/street traffic regulation, the construction or management of car parks, bridges, parking spaces, pedestrian crossings and the like, and the exercise of Council powers and duties under Road Traffic Acts/Regulations or similar statutory provisions ? Exercise powers and duties of Council with respect to watercourses, and its powers and duties under the Land Drainage Acts ? Authorise provision, removal or relocation of public sanitary convenience (and approval of their opening hours), bus shelters and seats ? Authorise provision and maintenance of lighting to highways, streets, bridges, car parks and parking places etc., ? Authorise provision of trees, grass verges and ornamental areas to streets, highways and other public places ? Control new streets provision by developers, and the advance payments code ? Be responsible for the operation of PSW Code and PUSW Act Provisions ? Name Streets ? Agree siting of bus stops ? Authorise provision and maintenance of depots, vehicles and plant ? Authorise provision, maintenance, management and letting of all civic buildings not within the remit of any other Committee or Sub-Committee ? Approve specifications, timetables, select lists and evaluation procedures on all contracts within the remit of the Committee ? Accept winning tenders subject to budget framework ? Propose Capital Programmes to Council and oversee implementation of schemes ? Authorise provision of allotments ? Nominate and agree establishment of Litter Control Areas ? Oversee recycling schemes and all environmental initiates ? Make recommendations to other Committees on all matters concerning the environment ? Consider, promote or oppose Bills within remit of Committee subject to Council approval ? Authorise provision/extension of cemeteries, burial grounds and the like ? Exercise any library/museum/arts powers and duties ? Express the views of the Council on bus services and other public transport matters Delegation to Officers within the remit of Services Committee ? Be responsible for enforcement of all legislation which Council is empowered/required to enforce, not within remit of another Committee ((Appropriate CHIEF OFFICER (or HEAD OF LEGAL for legal proceedings), in consultation with Chair ? Approve grants for renovation etc., in accordance with policy (DIRECTOR OF COMMUNITY SERVICES in consultation with Chair) ? Be responsible for burial of dead pursuant to Public Health (Control of Diseases) Act 1984 (DIRECTOR OF COMMUNITY SERVICES) ? Provide dog bins (DIRECTOR OF COMMUNITY SERVICES) ? Be responsible for the repair and clearance of private drains (DIRECTOR OF COMMUNITY SERVICES) ? Exercise statutory powers, issue and serve notices under all statutory provisions, relating to : Disinfestation of people/property Defective premises Sanitation Pest Control Nuisance Environmental Protection Act 1990 Houses in multiple occupation Improvements to houses Accumulations Abandoned vehicles Health and safety Food safety Public health Delegated to (DIRECTOR OF COMMUNITY SERVICES) ? Determine acceptable levels of noise (DIRECTOR OF COMMUNITY SERVICES) ? Determine acceptable chimney heights (for public health purposes) (DIRECTOR OF COMMUNITY SERVICES) ? Deal with Right to Buy operational matters (HEAD OF LEGAL) ? Provide assistance for protection of private tenants (Appropriate CHIEF OFFICER) ? Be responsible for the control, management and letting of Council housing stock (DIRECTOR OF COMMUNITY SERVICES) ? Allocate tenancies of Council properties (DIRECTOR OF COMMUNITY SERVICES) ? Give consent to structural alterations of Council properties (DIRECTOR OF COMMUNITY SERVICES) ? Approve mutual exchange of tenancies (DIRECTOR OF COMMUNITY SERVICES) ? Authorise transfers to spouse/succession in death (DIRECTOR OF COMMUNITY SERVICES) ? Authorise departures from Housing Allocation policy (HEAD OF HOUSING IN CONSULTATION WITH THE CHAIR OF SERVICES). Departures to be reported on a monthly basis through the Monthly Bulletin. ? Authorise repairs and redecoration of dwellings upon termination of tenancy, or in other circumstances where prescribed limits of expenditure are exceeded, but where special considerations warrant such action (DIRECTOR OF COMMUNITY SERVICES) ? Give consent for installation of TV aerials, phones, emersion heaters etc., (DIRECTOR OF COMMUNITY SERVICES) ? Determine homeless persons' applications (including refusals) (DIRECTOR OF COMMUNITY SERVICES) ? Collect rent and rent arrears, and former tenants' arrears (DIRECTOR OF COMMUNITY SERVICES) ? Serve Notice to Quit (DIRECTOR OF COMMUNITY SERVICES) ? Instruct Bailiffs (DIRECTOR OF COMMUNITY SERVICES) ? Administer all Council environmental initiatives (DIRECTOR OF COMMUNITY SERVICES) ? Be responsible for the provision of environmental education and raising environmental awareness (DIRECTOR OF COMMUNITY SERVICES) ? Delegation to Officers common to all Committees (Appropriate CHIEF OFFICER) Delegation of Director of Development and Consumer Services ? Approve annual schedule of highway verge tree planting ? Issue property numbers and names. ? Make arrangements for provision of musical entertainment by the Council within the Borough ? Issue and serve notices under legislation for the protection of streets, highways, watercourses, sewers etc., which are within the remit of the Services Committee ? Agree provision of litter bins ? Authorise structural maintenance, signing and decoration (not cleaning) of public conveniences and bus shelters ? Administer the letting of allotments and collection of allotment income ? Issue Deeds of Grant of burial rights ? Give approval for monuments, memorials, inscriptions, dispersal of ashes, and made arrangements for internments ? Give approval for schemes to plant donated trees etc., in cemeteries and burial grounds to generate sponsorships ? Draw up and propose to the Committee specifications, select lists, timetables and evaluation procedures for contracts delegated to Committee by Council or contracts within the remit of the Committee subject to the budget framework ? Administer recycling scheme ? Administer Tree Wardens Scheme Delegation Arrangements – Rent Arrears and Former Tenant Arrears Rent Arrears ? Arrears less than £500 – full management of these cases by the Head of Housing Services, including authority to commence appropriate legal action in conjunction with the Head of Legal. Information relating to these cases will not be reported to members unless specifically requested. ? Arrears greater than £500 – ‘day to day’ responsibility for dealing with these cases will rest with the Head of Housing Services. This will include authority to commence appropriate legal action in conjunction with the Head of Legal. However, these cases will be referred to the Sub Group every cycle, where members will oversee and participate in the management of these serious cases. Approval for Evictions All recommendations for evictions are to be made by the Director of Community Services to the Chair of Services Committee who will consult with the Vice Chair of Services Committee and a member of the opposition party. All approvals for eviction will be reported through the Monthly Bulletin. Former Tenant Arrears ? Arrears less than £500 – full management of these cases by the Head of Housing Services, including authority to take legal action to recover the debt. Information relating to these cases will not be reported to members unless specifically requested. ? Arrears greater than £500 – Responsibility for dealing with these cases will rest with the Head of Housing Services. However, these cases will be referred to the Sub Group every cycle, where members will oversee and participate in the management of these cases. Delegation to sign off renovation grants ? The Chair together with the Vice Chair, of Services committee may sign off renovation grants ? Delegation to Officers common to all Committees DEVELOPMENT CONTROL COMMITTEE ? Consider and determine all matters, including applications, arising under any statutory provisions concerning Town and Country Planning ? Consider and determine application pursuant to the Building Regulations and relevant sections of the public Health Acts or other statutory enactments, not within the remit of another committee ? Exercise the Council’s functions in relation to tree preservation (except as delegated to officers) ? Exercise the council’s functions in relation to Building Preservation (except as delegated to Officers) ? Consider proposals for amendment of the county Structure Plan concerning the borough and make any appropriate representations to Council ? Consider and formulate and review the Borough wide local plan and propose it to Council and exercise an overview of the local Plan process ? Formulate and propose to Council informal Planning policy guidance documents ? Delegation common to all Committees Delegations to Officers from Development Control Committee These powers are exercisable in respect of any qualified Planning officer • the Chief Planning Officer has full authority to exercise and discharge the provision of the full range of development control services in accordance with all statutory and other requirements of a Local Planning Authority under the Town and Country Planning Acts including • the power to accept, administer, process (including requiring the submission of more information), publicise, decline (where the regulations allow) to determine, and to determine all applications , which includes all planning applications , and applications for reserved matters approval, advertisement consent, listed building consent and conservation area consent submitted to the Council, except an application: • where more than 5 letters of objection in favour of or objecting to a proposed development has been received; • submitted by or on behalf of a Councillor (or his/her spouse or partner) or by any member of the Council's staff (or his/her spouse or partner); • submitted by or on behalf of the Council for its own developments; • which the Chief Planning Officer considers should be presented to Committee for decision including for example, those development that in his opinion are major, potentially controversial or contentious, likely to be of significant public interest, or which may have a significant impact on the environment. ? The approval of reserved matters ? Consent for the display of advertisements ? Listed Building consent ? Conservation Area Consent ? A Certificate of Lawful Use (in consultation with HEAD OF LEGAL) ? A Certificate of Proposed Lawful Use (in consultation with HEAD OF LEGAL) ? A Certificate of Appropriate Alternative Development (in consultation with HEAD OF LEGAL) ? Renewals of Temporary Planning Permissions ? Works or felling of trees covered by a tree preservation Order ? Works or felling of trees sited within a conservation area ? Variation of a condition attached to a planning permission, listed building consent, conservation area consent or advertisement consent ? The removal of hedgerows ? The installation of overhead electricity lines ? Applications for development by Government Departments ? Applications for Hazardous substances consent ? Make applications for consents to carry out works to Council owned land or buildings ? Issue and serve planning contravention notices and breaches of condition notices or stop notices (in consultation with HEAD OF LEGAL) ? All Article 4 Directions be reported to the Chair and Vice-Chair of Development Control Committee at the earliest opportunity and subsequently reported to Full Committee. ? Authority to take decisions in relation to part 8 of the Anti Social Behaviour Act 2003 (except in relation to the determination of fees) ? Delegation to officers common to all Committees ? Application for prior notifications for the installation of telecommunications equipment, agricultural works or demolition. Other functions ? To discharge conditions attached to a planning permission, listed building consent, conservation area consent or advertisement consent ? To make Building Preservation Notices ? To make tree preservation orders ? To determine that development is “permitted development” ? To comment on notifications from neighbouring local authorities. ? Agree to the contents of agreement under section 106 of the Town and Country Planning Act 1990 ? To determine minor amendments to approved applications ? To take enforcement action against unauthorised development (in consultation with HEAD OF LEGAL) ? In conjunction with the Assistant Director (Legal and Admin’) and the agreement of the Chairman or Vice Chairman of the Development Control Committee to seek injunctions. ? To take action to remove placards posters or adverts in contravention of the town and Country Planning (Control of Advertisements) Regulations or similar Statutory enactments) ? To make observations on proposals submitted to adjoining planning authorities where determinations of the applications would be delegated if submitted to the Borough Council. ? Express views of the authority on HGV operators license applications ? The Planning Officer (Enforcement) is authorized to enter any land and premises for any of the purposes in accordance with and having regard to, the provision of: (a) Sections 178, 196A, 196B, 196C, 324 and 325 of the Town and Country Planning Act 1990 as amended (b) Sections 214B, 214C and 214D of the Town and Country Planning Act 1990 as amended (c) Sections 88, 88A and 88B of the Planning (Listed Building and Conservation Areas) Act 1990 (d) Section 36 of the Planning (Hazardous Substances) Act 1990. ? The signatory to this authority will be the Chief Planning Officer. ? The following personnel should also have this authorisation conferred on them, namely: Head of Built environment, Chief Planning Officer, Senior Planning Officer, Planning Assistant, Senior Forward Planning Officer and Forward Planning Officer. Exceptions to the above ? Where any Councillor requests that an application be taken to the committee within 21 days of the publication of the weekly list of planning applications ? Planning or other applications submitted by the Borough Council. ? Planning or other applications submitted by the Leicestershire County Council. ? Applications where there is a right of the public to address the Development Control Committee. ? Where a proposal is not in accordance with Council policy or is a departure from an adopted plan and it is recommended that permission is to be granted. ? Where it is recommended that enforcement action is not taken against a breach of planning control. ? Where it is intended to prosecute for a breach of planning control. Building Control To authorise Building Control Surveyors to exercise the powers and duties of the Council under the Building Act; Building Regulations; The Building (Local Authority Charges) Regulations; The Building (Approved Inspectors etc.) Regulations and relevant sections of the Leicestershire Act; Government Miscellaneous Provisions Act; Safety of Sports Grounds Act; Town Improvement Clauses Act and Public Health Act, or other similar statutory enactments. (Head of Building Control) These powers are exercisable in respect of any authorised Building Control Surveyor in consultation with the Head of Building Control: ? Approve or reject notices or plans under the Building Regulations or similar enactments. ? To determine amendments to approved Building Regulations applications. ? Authorize classification of land or buildings as dangerous, within the meaning of the highways or Building Acts or similar enactments. ? To require or execute remedial works to, or the demolition of dangerous buildings or structures. ? To accept or reject Initial Notices. ? To control work partially completed in respect of an Initial Notice. ? To control the construction of cellars. ? To control the demolition of buildings and structures. ? To control building work to which the Building Regulations and similar statutory enactments apply. ? To enforce the Building Regulations and take enforcement action where there is a breach of the Building Regulations. ? To alter or remove offending building work. ? To require the provision of satisfactory drainage and the repair, renewal or cleansing of defective drainage systems. ? To require the provision of satisfactory means of ingress and egress from buildings. ? To require the provision and maintenance of adequate means of escape from buildings. ? To require adequate fire precautions in high buildings and large storage buildings. ? To require the raising of chimneys. ? To execute remedial works to defective premises. ? To require or execute works to ruinous or dilapidated buildings. ? To require the marking of buildings with numbers. ? To require the repair of walls to passages and gardens. ? To execute works in order to protect buildings against unauthorised entry. ? Exercise powers and duties of the council under the Building Act, Building Regulations or similar statutory enactments ? Approve or reject notices or plans under the Building Regulations or similar enactments ? Authorize classification of land or buildings as dangerous, within the meaning of the highways or Building Acts or similar enactments LICENSING COMMITTEE ? Determine applications for all taxi/private hire related licenses or permits which the council has power to grant, where an objection has been made ? Determine appeals against taxi/private hire related licensing decision by officers where no statutory right of appeal exists ? To recommend to Services Committee proposed sites for hackney carriage stands within the Borough ? Nominate a 3 member sub committee to determine all applications and or appeals under the Licensing Act 2003 where a representation has been made ? To determine to all other applications and permits arising under any statutory licensing provision where there has been an objection or there is no statutory right of appeal. ? Determine appeals against all Licensing decisions by Officers whether or not a statutory right of appeal exists ? To consider and determine all matter including applications arising under any statutory provision concerning licensing ? Delegation common to all committees ? All applications for gaming machine permits on licensed premises for more than 2 machines where the Police have made an objection to the request or in the opinion of the Head of Legal & Licensing the application should be determined by Members. ? To recommend the implementation or amendment to byelaws on all licensing matters to Council for adoption ? To formulate policy framework on all licensing matters for adoption by Council. Delegation to officers within the remit of Licensing Committee ? Determine application for all taxi/private hire related licenses or permits which the council has power to grant, where no objection has been made, including imposition of conditions (HEAD OF LEGAL) ? Determine applications for all taxi/private hire related licenses or permits which the Council has power to grant, where an objection has been made, but an urgent decision is required (HEAD OF LEGAL in consultation with Chair) ? Determine all applications under the Licensing Act 2003, where no valid representations have been received. ? Select 3 members from the sub-committee to determine applications relating to the Licensing Act 2003 where an objection has been made. ? Determine applications for all other licenses or permits which the Council has power to grant, where no objection has been made, including imposition of conditions (HEAD OF LEGAL) ? Determine applications for all Licences or permits which the Council has power to grant, where an objection has been made, but an urgent decision is required (HEAD OF LEGAL, in consultation with Chair) ? Authorised Officers to carry out enforcement of all matters within remit of the committee (DIRECTOR OF RESOURCES or HEAD OF LEGAL for legal action) ? Delegation to officers common to all Committees. ? Applications for gaming machine permits on licensed premises for 2 machines or less ? Applications for gaming machine permits on licensed premises for more than 2 machines where the Police and the Head of Legal and Licensing have no objections to the request Appeals Committee ? Determine appeals against housing decisions by officers ? Determine appeals for internal personnel appeals ? Determine such other hearings and appeals that may be required