Decision details

2 Delegated Planning Functions

2.1 General Delegations
Subject to the exceptions set out in section 4, the following officers are authorised to discharge all functions of the Local Planning Authority relating to the functions detailed Below:
a) Planning Applications (with or without conditions and / or S106 Agreements) and application to modify the same, and associated appeals, including those forming part of EIA regulations.
b) Advertisement Consent applications (with or without conditions) and application to modify the same, and associated appeals,
c) Mineral and Waste Applications, (with or without conditions and / or S106 Agreements) and application to modify the same, and associated appeals,
d) Listed Building Consent (with or without conditions and / or S106 Agreement) and application to modify the same, and associated appeals,
e) Non-Material Amendments to applications
f) Prior Approval Applications
g) Applications for demolition of unlisted building in a conservation area
h) Applications for Demolition of Listed Buildings
i) Applications for Certificate of existing or proposed use of land or development,
j) Power to decline an application of any type (where that power exists)
k) Making of Tree Preservation Orders and provisional Tree Preservation Orders,
l) Determining applications for works to and removal of trees protected by a tree preservation order and applications for works to and removal of trees in conservation areas/
m) Providing Screening and Scoping opinions in relation to EIA regulations
n) Discharge of Conditions in relation to the above applications
o) Issuing Remedial Notice in respect of High Hedges
p) Issuing Notices in respect to Hedgerow Removal, Hedgerow retention and Hedgerow replacement
q) Power in relation Rights of Entry with or without warrant for all functions where those powers exist.
r) Serving Building Preservation Notice in relation to temporary listing of buildings and serving of Temporary stop Notice, Listed Building Enforcement Notices, Repairs Notice, Urgent Works Notice in relation to Listed Buildings and provision of Rights of Entry in association with Listed Building matters.
s) Enforcement Powers;
• Issuing Planning Contravention Notices
• Issuing Temporary Stop Notices and Stop Notices
• Issuing Enforcement Notices
• Issuing Breach of Condition Notices
• Issuing Injunctions
• Issuing Breach of Condition Notices
• Issuing S.215 Notices requiring proper maintenance of land
• Requiring replacement of Trees in Conservation Areas
• Issuing Notices for Control of Advertisements,

t) Issuing of penalties and undertaking cost recovery in relation to all enforcement functions held.

Delegations apply within approved planning policy, the adopted Development Plan, and material planning considerations.
2.2 Delegated Authority by Officer level

See table in attached form.

3 Matters Reserved for Escalation/Non-Delegated Cases
The following categories must be placed before the planning committee for determination.
3.1 Policy Departure / extraordinary cases

• Applications that represent a significant departure from the Development Plan
• Cases considered “extraordinary” when assessed against adopted planning policy, officer judgement, or material considerations

3.2 Major In-House Developments

• Council (Middlesbrough Council) Developments where gross floorspace exceeds 500m²
• Where officer recommendation is for approval, but the proposal constitutes a departure from the Development Plan
• Larger developments are permissible for delegation if they directly enable the Council to fulfil its statutory responsibilities.

3.3 Public objection Threshold

• Where there are three or more petitions / letters / emails (emanating from separate addresses and with distinct content) by way of response and, where the development is contrary to established policy guidelines
• Except where officer recommendation is to refuse permission

3.4 Member/Officer Interest or Sensitivity
Any application involving:
• Council-owned land or property interest
• Applicant being a member with a declared or perceived interest
• Applicant employed within Planning Services or closely related (including spouse/partner)
• Any conflict of interest under the Council’s Code of Conduct

3.5 Committee Chair/Vice Chair Referral
• Any case identified by the Chair or Vice Chair of Planning Committee as having sufficient merit for committee determination

4 Specific Reserved Functions
The following remain reserved for Committee determination:
• Planning Applications requiring referral to Planning Committee under the Constitution
• Applications subject to statutory direction or call-in by government bodies
• Strategic infrastructure proposals with significant impact on the borough

5 Enforcement and Legal Action as defined in section 3.1 above

See table in attached form

6 Section 106 and Planning Obligations

See table in attached form

7 Recording and Governance

• All delegations must be recorded in the Council’s decision register (retained by Democratic Services) within 14 days of the decision being made.
• The planning Delegation Register shall be maintained and reviewed annually (L1- L2)

8 Revocation

• All previous schemes relating to planning sub-delegation within Regeneration and Housing Services are revoked upon approval of this scheme.

 

The purpose of this scheme of sub-delegation is to:
• Enable efficient and lawful decision-making in planning and development management
• Ensure decisions are taken at the most appropriate level
• Maintain compliance with the statutory requirements and the Council’s Constitution
• Provide clear accountability through role-based delegation
The Planning service are required to determine circa 400 planning applications per year, and it is not practical to require the decisions to be made centrally by one person. The delegation to Principal Officers and above will ensure a balance of operational efficiency with appropriate professional strategic oversight.

 

• Arrangements requiring decisions to be made by the Corporate Director and/or Head of Service only compromise operational efficiency, with an unnecessarily high level of professional strategic oversight.
• Arrangements delegating decisions down to all individual planning officers would offer the highest level of operational efficiency but would lack sufficient professional strategic oversight.
• The optimum balance is to delegate the decision making down to Principal officers and above.