This page is currently being updated. If you have any further queries please contact webmaster@havant.gov.uk
Part 8
Scheme of Delegation to Officers
A Introduction
This document comprises Havant Borough Council's Scheme of
Delegation to Officers and, therefore, identifies the functions,
powers, duties and responsibilities delegated by either the full
Council (through its standing committees where applicable) or the
Council's Executive, as appropriate, to the Managing Director, to
the Directors of Corporate Services, Community, and Regeneration
("the Corporate Directors"), Head of Resources or Solicitor to the
Council respectively.
B General Principles
(1) The Council and the Executive wish that functions, powers,
duties, and responsibilities are exercised in an efficient and
business-like manner and this Scheme of Delegations acknowledges,
therefore, that the Managing Director and Corporate Directors will
seek to pass responsibility for their exercise to the lowest level
of "appropriate officer" (normally, heads of services or section
managers) wherever possible; subject to the ability of the Managing
Director and the Corporate Directors to recover functions, powers,
duties and responsibilities so delegated and exercise them
personally wherever in their judgement, it is necessary and
appropriate to do so.
(2) It is the desire of the Council and of the Executive that
delegated powers should be used in a business-like way, but with
discretion and in accordance with Council and Executive policy and
decisions. Delegations should not be used in matters in which the
Managing Director or Corporate Director concerned feels that
councillors have a clear and legitimate interest and consequently
would wish to debate. On such occasions, the Managing Director or
Corporate Director concerned should ensure that the matter, rather
than being dealt with under delegated powers is, instead, referred
to the appropriate member body or bodies for debate.
(3) All council officers are subject to the Council's
Financial Regulations and Standing Orders as to Contracts and must
ensure that these are observed wherever appropriate. In the event
of any inconsistency or conflict between Financial Regulations
and/or Contract Standing Orders and these delegations then the
former shall prevail. In the event that the inconsistency or
conflict cannot be resolved by the application of this rule, then
the matter shall be settled by the Managing Director with advice,
where necessary and appropriate, from the Head of Resources and/or
Solicitor to the Council.
(4) Where a function, power, duty or responsibility is
delegated to the Managing Director, a Corporate Director or
Corporate Directors, the Head of Resources, or the Solicitor to the
Council, under the terms of this scheme, then such function, power,
duty or responsibility may be further delegated to the appropriate
officer or officers within the Managing Directors Office or
relevant Group(s) as the Managing Director, relevant Corporate
Director(s), Head of Resources or Solicitor to the Council shall
deem appropriate and necessary. This power to further delegate
shall not apply to any functions powers, duties and
responsibilities set out below which are expressed to be
exercisable only by the Managing Director, Head of Resources or
Solicitor to the Council, personally, except that they may, if they
judge it necessary, delegate the exercise of such functions powers
duties and responsibilities to a nominated deputy to be exercised,
if necessary, during any anticipated period of absence from the
Civic Offices.
(5) For the avoidance of doubt, the specific delegations to the
Managing Director and to the Corporate Directors listed at E below
exclude;
(i) any significant policy decisions required in respect of the
provision of any services;
(ii) any expenditure not
authorised in accordance with Financial Regulations;
(iii) the agreeing and/or setting
of concessions, fees and charges except as specifically provided in
these delegations;
and,
(iv) any executive decision
comprising a "key decision" as defined by the Council from time to
time.
C Statutory
Officers
(1) The Managing Director is the
designated "Head of Paid Service" for the purposes of and with the
duties and responsibilities set out in Section 4 of the Local
Government and Housing Act 1989, for the time being. The Managing
Director shall exercise her duties and responsibilities as Head of
Paid Service personally.
(2) The Head of Resources is the
officer designated by the Council as having responsibility for the
proper administration of their financial affairs, in accordance
with Section 151 of the Local Government Act 1972 and has the
qualifications referred to in s.113 of the Local Government Finance
Act 1988 and the functions of "Chief Finance Officer" set out in
s.114 of that Act. He shall exercise this responsibility and those
functions personally.
(3) The Solicitor to the Council
is designated the "Monitoring Officer" for the purposes of and with
duties and responsibilities set out in Section 5 of the Local
Government and Housing Act 1989. He/she shall exercise his duties
and responsibilities as Monitoring Officer personally. The
Solicitor to the Council is also the Council's Returning Officer
and Electoral Registration Officer for the purposes of the
Council's responsibility for elections and electoral registration.
The Solicitor to the Council is also the Council's Data Protection
Officer with responsibility for ensuring that the Council and
Council members and officers comply with all relevant requirements
of the Data Protection and related legislation.
D General
Delegations
(1) The Managing Director, and
all Corporate Directors have delegated to them all powers, duties
and responsibilities as are relevant and appropriate under the
Council's Financial Regulations and Standing Orders as to
Contracts, including, without prejudice to the generality of the
foregoing, the power to accept quotations and tenders for the
supply or hire of goods, materials, plant or services subject to
the terms of those Financial Regulations and Contracts Standing
Orders and to strict compliance therewith.
(2) The Managing Director and all
Corporate Directors have power to manage staffing establishments
and budgets in the most advantageous manner to achieve the policies
agreed by the Council on the basis that the Managing Director and
each Corporate Director must ensure at all times, in liaison with
the Head of Resources and the Personnel and Development Manager,
that spending committed by contracts of employment is, and will be,
within approved budgets, published forward projections and any
confirmed external funding; thus not increasing future year
commitments or making changes affecting officers on Chief Officer
terms and conditions without approval of the Council, committees or
the Executive as appropriate. The power to manage staffing
establishments and budgets includes the power to make all relevant
and appropriate staffing appointments except for the appointment of
Heads of Service, Corporate Directors and the Managing Director
which appointments fall to be made in accordance with the Councils
Officer Employment Standing Orders.
(3) The Managing Director and all
Corporate Directors have power to undertake or agree the
undertaking of such items of day to day business as are appropriate
and necessary to achieve the policies agreed by the Council.
(4) The Managing Director and all
Corporate Directors are empowered to give and issue any specific
written authorities, certificates, directions and other documents
whatsoever incorporating reference to any particular statutory
and/or other provisions as may be appropriate and necessary and as
may be needed to enable or facilitate the proper and efficient
discharge of each and any of the functions, powers, duties and
responsibilities as are delegated to them hereunder.
(5) The Managing Director, all
Corporate Directors, the Head of Resources and the Solicitor to the
Council are authorised to exercise any "proper officer" roles,
duties, powers and responsibilities as are appropriate, connected
or relevant to, or required, to enable or facilitate the proper and
efficient discharge of each and any of the functions, powers,
duties and responsibilities as are delegated to them
hereunder.
(6) The Managing Director and all
Corporate Directors are empowered to appoint and authorise officers
and persons to exercise the powers granted under the provisions of
any legislation relevant to the functions, duties and
responsibilities of their Office or Groups.
(7) The Managing Director is
authorised to exercise the roles, duties, powers and
responsibilities of any other Corporate Director on any occasion
when, owing to the long-term absence of such Corporate Director, or
for some other good and substantial reason, they are unable to act.
Such authority includes power for the Managing Director to make
arrangements for some other officer(s) of the Council to exercise
such of those roles, duties, powers and responsibilities as she may
deem appropriate, during such time as this is necessary.
E Specific Delegations to Individual Corporate
Directors
(1) To the Corporate Director of the Corporate
Group
To the Corporate Director of the Corporate Group, insofar as
it is lawfully empowered to do so, the Council and the Executive
hereby delegate full authority to exercise and discharge the
following powers, functions, roles and responsibilities, (including
all activities relevant and reasonably necessary and incidental
thereto) but subject to the exclusions, exceptions, restrictions
and conditions noted:
(a) Under; Customer Care and Performance Management
Services
1 Civic Offices Support Services
The provision of Civic Offices support services including;
Civic Offices security, portering, cleaning and caretaking; courier
services; catering, including Civic and staff canteen; and,
printing services (including stationery, consumables, paper,
furniture and equipment provision);
2 Corporate Strategy and Performance Management
The provision of such corporate strategy development and
performance management services as are necessary to enable the
proper and efficient operations and administration of Havant
Borough Council, including:
(i) Corporate Strategy
(ii) performance management reporting and advice;
(iii) co-ordination of Best Value reviews;
(iv) co-ordination of Information Communications/Technology
and E-Government programme strategy, and of all matters related to
administration of the Councils arrangements for the provision of
Information and Communications Technology Services within the
Council.
but excluding:
final agreement of all Council Policies, Strategies and Plans
developed by the service; and contracts relating to ICT.
3 Customer Care
The co-ordination of the Customer Care Strategy and Customer
Charter and provision of customer service centre arrangements,
including :
(i) (central) customer services function for the Council
and relevant partners, including switchboard and reception
functions and One Stop Shops;
(ii) complaints management;
(iii) concessionary travel service (management of day to day
scheme);
(iv) the authority to make changes to the Local Land and
Property Gazetteer and to the Local Street Gazetteer;
(v) the authority to issue names and numbers in relation to
streets and properties within the Borough.
4 Policy Management
The provision and management of the Councils policy
development in accordance with relevant requirements (including
appropriate decisions of the Council) and including policy research
and advice;
(b) Under; Resources
1 Finance
Management of the Councils financial affairs; including
internal audit and procurement activities but
excluding: decisions contrary to financial regulations,
contract standing orders or the Treasury Management Policy;
Administration, reliefs, rebates, refunds and enforcement related
to Council Tax, Community Charge, Non-Domestic Rating, Benefits and
other debts;
including
(i) determining hardship rate relief within budget and
in accordance with the agreed criteria; provided that applications
will be referred to the relevant Portfolio holder where the Head of
Resources considers that such referral is required due to special
circumstances or the scale of potential job losses
(ii) administering applications for discretionary rate reliefs
under existing policy, top-up relief to qualifying businesses
located in the designated rural settlement and to the scouts and
guides, community and leisure premises and other organisations of a
similar nature to those allowed relief in 2001/02; provided that
any organisation which does not meet the guidelines or is otherwise
refused relief by the Head of Resources is given the right to
require their application to go before the Executive for further
consideration: (iii) reviewing the rural settlement list annually
and seeking a decision of the Executive at any time an alteration
may be required to the defined boundary of any settlement.
(iii) making awards of Discretionary Housing Payments up to
the limit of the contribution to be received from Central
Government and reporting back if any Borough Council finance is
required; provided that a panel consisting of the two portfolio
holders for Social Wellbeing and a senior officer from the Revenues
and Benefits Unit, will consider disputes on Discretionary Housing
Payment Awards, in each case the officer to prepare a brief note in
writing of the case together with his/her recommendations, for
agreement by the portfolio holders by way of
countersignature.
Matters related to Value Added Tax including amendments to
charges in the event of the VAT rates being amended and,, after
consultation with the Solicitor to the Council, options to tax or
election to waive exemption; determination of indexation of values
which the Council has previously agreed will be updated for changes
in particular indices;
Authority to vary the amount of the allowance paid to the
Mayor or Deputy Mayor within the total approved Civic budgets
(Civic Sub 6/3/99);
Determination of interest rates for mortgages in accordance
with Section 110 of the Housing Act 1980.
Drafting a capital strategy and matters related to the
operation of the capital Control system and determination of all
matters;
but excluding:
a approval of borrowing limits;
b approval of short term borrowing limits;
c the limit of interest payable at variable rates
Authority to set charges related to publications or minor
services not included within the Review of Charges; such charges to
be where possible set at the full costs of the publication or
service and to be included where applicable in the Review of
Charges booklet from the following year;
2 Personnel and Payroll Services
The provision of personnel and payroll services including
recruitment and resourcing, pay, pensions and other terms and
conditions of employment, employee relations, internal
communications, training and development, organisational
development (including performance appraisal and performance
contracts), health and safety (in relation to Council staff and
activities), health and absence management and dignity at
work/equal opportunities;
(c) Under; Democratic Services
1 Committee Administration
The provision of committee administration services, namely
those services concerned or connected with the preparation and
despatch of agenda, and the taking of minutes as are required to
enable the proper functioning and activities of the Council, the
Executive, Overview and Scrutiny Boards, other Committees,
Sub-Committees, Working Parties and such other member and officer
bodies as may be agreed from time to time, including the
appointment and administration of the Independent Panel related to
Members Allowances
Communications and Consultation
The provision of public relations and communications services
including:
(i) liaison with the media;
(ii) external promotion of Council activities;
(iii) co-ordination of internal communications;
(iv) production of publications;
(v) authority to instigate agreements with external market
research agencies to undertake necessary work relating to the
requirements of the Council;
(vi) the provision and development of Community Focus Groups and
other appropriate mechanisms for the purpose of consultation;
2 Electoral Services
The provision of an electoral registration and elections
service;
3 Legal Services
The provision of the full range of legal services appropriate
and necessary to enable the proper and efficient operations and
administration of Havant Borough Council, including:
(i) authority to issue legal proceedings both civil and criminal
where the Solicitor to the Council deems it appropriate and
necessary to do so in the furtherance or defence of any legitimate
objectives, roles, powers, duties and responsibilities of the
Council;
(ii) authority to defend proceedings of any nature brought
against the Council;
(iii) authority to institute or defend proceedings of any nature
on behalf of or brought against any councillor or council officer
in connection with anything done by such councillor or officer in
the proper performance of their duties as a councillor or officer
of Havant Borough Council and subject to the Solicitor to the
Council observing and conforming with any policy or other decisions
made by the Council or the Executive in relation to such
proceedings;
(iv) authority to make application to or defend proceedings
instituted I any tribunal, board or other forum where such action
is necessary for the proper protection of the legitimate interests
of Havant Borough Council, its councillors or officers;
(v) authority to instruct external legal expertise (counsel or
solicitors) where the Solicitor to the Council deems it appropriate
and necessary to enable or facilitate the proper furtherance or
completion of any Borough Council business or matter;
(vi) authority to prepare, make, execute, sign and complete any
agreement, contract, order or other document of whatsoever nature
where this is required (expressly or by reasonable implication) to
give effect to any legitimate decision of the Council, the
Executive, any other body of councillors or individual councillor
exercising executive powers, or officers acting under properly
delegated powers, or to further or enable the performance of any
legitimately stated objective, duty, responsibility or power of the
Council.
4 The Mayoralty
The provision of support services to the Mayor of the Borough of
Havant including secretarial and civic support; but
excluding the setting of the Mayor's allowances.
(2) To the Corporate Director of the Community
Group
To the Corporate Director of the Community Group insofar as it
is lawfully empowered to do so, the Council and the Executive
hereby delegate full authority to exercise and discharge the
following powers, functions, roles and responsibilities, (including
all activities relevant and reasonably necessary and incidental
thereto) but subject to the exclusions, exceptions, restrictions
and conditions noted, this including delegated authority to give
from time to time appropriate authorisation (to such officer(s) of
the Council as the Director may determine) to take any required
action, including the issue of fixed penalty notices, under the
provisions of the Clean Neighbourhoods and Environment Act
2005.
(a) Under Environmental Services
1 Beachlands Operations
Authority to deal with the day to day provision and management
of the operational services of Beachlands Resort, Hayling Island in
accordance with all statutory and other relevant requirements
(including appropriate decisions of the Council) and including all
activities relevant and reasonably necessary and incidental
thereto.
2 Cemeteries, Burial Grounds and Crematoria
The management of the Council's functions in connection with
cemeteries, burial grounds and crematoria including all activities
relevant and reasonably necessary and incidental thereto.
3 Environmental Cleanliness
The monitoring and enforcement actions needed to maintain
standards of environmental cleanliness and, with the Head of
Community Services, to undertake the Council's other functions
under the Environmental Protection Act 1990.
4 Leisure and Recreation Assets and Facilities
The maintenance and management of assets and facilities for
leisure and recreation throughout the Borough, including all parks,
trees, verges, allotments and public open spaces and waters used
for recreation purposes including all activities relevant and
reasonably necessary and incidental thereto.
5 Management of abandoned and unwanted end of life vehicles;
6 Public Conveniences
Management of all Public Conveniences excluding
decisions as to permanent closure or relocation.
7 Recyclable and Other Domestic Refuse etc.
Removal of recyclable and other domestic refuse and special
collections throughout the Borough.
8 Sweeping and Cleaning of Streets etc.
Management of the sweeping and cleaning of streets, parks, car
parks, town centres and public open spaces throughout the
Borough;
9 Vehicles and Plant
The procurement and management of the Council's fleet of
vehicles and plant, together with associated maintenance
services
(b) Under; Community Services
1 Community Initiatives
(i) Community Safety
The provision and management of Community Safety functions in
accordance with all statutory and other relevant requirements
(including appropriate decisions of the Council) including:
(a) after consultation with the relevant bodies under the
Crime and Disorder Act 1998 and in consultation with the Solicitor
to the Council, to authorise applications, in accordance with the
agreed protocol, for anti-social behaviour orders to the
Magistrates Court under the Act;
(b) the provision of a Community Safety Strategy for the
Borough;
(c) authority as the Councils adviser to ensure appropriate
provision and management of the Community Safety Partnership for
the Borough;
(d) the authority to ensure the effective provision and
management of CCTV operations in the Borough;
(ii) Community Centres
The provision and management of Community Centres in accordance
with all relevant requirements (including appropriate decisions of
the Council) and including:
(a) ensure the provision and management of the Councils
Community Centres, in consultation with the Head of Technical
Services;
(b) the authority to instigate partnership agreements with the
relevant bodies in relation to the Councils Community Centres and
their effective provision of services in the Community
(iii) Youth Health and Community Development Work
The provision and management of Youth Health and Community
Development work in accordance with all statutory and other
relevant requirements (including appropriate decisions of the
Council) and including:
(a) the provision of a Youth Development Strategy for the
Borough;
(b) the Councils adviser to the Childrens Society and other
relevant Partnerships including the authority to determine
agreements for the provision of appropriate services in the
Borough;
(c) the provision of local community development plans for the
Borough.
(iv) Council Grants
The provision and management of Council Grants in accordance
with relevant Council policies and requirements and where
appropriate, in consultation with the Head of Resources, (including
appropriate decisions of the Council) and including:
(a) the payment of up to 10 grants to a maximum of £100 in each
financial year, subject in each case to consultation with the
Chairman and Vice-Chairman of the Grants Panel;
(b) the payment of sports grants;
(c) the payment of twinning grants;
(d) the authority to instigate partnership agreements with the
relevant bodies in relation to the payment of annual grants
2 Cultural Services
(i) Cultural Strategy
The provision and management of the Boroughs Cultural Strategy
and all supporting strategies in accordance with relevant Council
policies and requirements (including appropriate decisions of the
Council) and where appropriate, in consultation with relevant
Cultural and Tourism Partnerships, and including:
(a) a Sports Development Strategy;
(b) Arts Development Strategy;
(c) Leisure Development Strategy together with matters relating
to the provision of Special Events and Twinning activities
including in consultation with the Head of Environmental Services,
the use of the Councils own open spaces for such activities;
(ii) Leisure Facilities Provision
Authority to ensure provision and management of Leisure
facilities in the Borough to meet the needs of the Cultural
Strategy in accordance with all relevant requirements (including
appropriate decisions of the Council) and including:
(a) the provision of a Facilities Strategy for the Borough
relating to the longer term development of Cultural assets and
broader Cultural Strategy including, in consultation with the Head
of Environmental Services, the Council's own sports pitches, play
areas, parks and open spaces
(b) authority as the Councils adviser in matters relating to
Horizon Leisure Trust; to agree all partnership agreements and
other matters relating to the provision of services through the
Trust in consultation with the Chairman of Horizon Leisure Trust
Liaison Panel and the relevant Portfolio Holder.
3 Environmental Health
The provision of the full range of environmental health and
licensing services in accordance with all statutory and other
relevant requirements (including appropriate decisions of the
Council) including:
(i) the power to serve statutory notices in respect of all
environmental health and licensing legislation;
(ii) the authority to institute legal proceedings and to
instruct the Solicitor for the Council to issue legal proceedings
in respect of contraventions of environmental health and licensing
legislation;
(iii) the authority to accept, process, determine and make
decisions upon any and all applications for licences, renewals,
variations and registrations in accordance with adopted standards,
practices and conditions, subject to appropriate variations;
(iv) the power to suspend but not revoke licences, with the
exception of hackney carriage and private hire drivers licences
where the licence can be revoked when the holders medical condition
does not meet the appropriate standard;
(v) authority to waive fees and charges in respect of licences
and registrations in accordance with adopted standards, practices
and conditions, subject to appropriate variations;
(vi) the power to determine applications for mandatory disabled
facilities grants, renovation grants and home repair assistance
grant;
(vii) the power to refuse applications for discretionary
disabled facilities grants
(viii) the power to determine applications under the Licensing
Act 2003 in the following circumstances:
(a) Applications for personal licences where there is no
police objection
(b) Applications for premises licences/club premises
certificates if no relevant representations are made
(c) Applications for provisional statements if no relevant
representations are made
(d) Applications to vary premises licence/club premises
certificates where no relevant representations are made
(e) Applications to vary designated premises supervisors where
there is no police objection
(f) Requests to be removed as Designated Premises Supervisor
(g) Applications for transfer of Premises Licences where there
is no police objection
(h) Applications for interim authorities where there is no
police objection
(i) Decisions on whether a complaint is irrelevant, frivolous,
vexatious etc.
("Relevant representations" means representations as defined in
Section 18(6) of the Licensing Act 2003).
(ix) the provisions to deal/advise on access/disability
issues.
but excluding:
(a) the making of closing orders or demolition
orders in respect of dwellings;
(b) the approval of requests not to demand the repayment of
renovation grants upon a breach of grant conditions;
(c) all applications for initial public entertainment licences
with the exception of initial applications for occasional public
entertainment licences which may be determined by an authorised
officer with the approval of the Chairman of the Licensing
Committee or in his absence the Vice-Chairman. (Note an application
for an occasional public entertainment licence that replicates a
licensed event held previously to be treated as a renewal.);
(d) applications for the renewal of public entertainment
licences when justifiable objections have been received with the
exception of repeat applications for occasional public
entertainment licences where objections have been received, which
may be determined by an authorised officer with the approval of the
Chairman of the Licensing Committee, or in his absence the
Vice-Chairman;
(e) applications for the variation in the hours of a public
entertainment licence beyond normal drinks licensing hours where
there are objections to the application or in the officers opinion
a nuisance is likely to arise;
(f) initial applications for permits for gaming machines and
amusements with prizes save for applications for gaming machines on
premises licensed or certified for the sale or supply of alcohol
for the consumption of alcohol on the premises where the
application is for no more than two machines for any one
premises;
(g) all applications for sex establishment licences;
(h) applications for hackney carriage and private hire drivers
licences where the applicant has committed two or more major
motoring offences within the last two years or has been convicted
of a serious offence within the past three years or there is a
pending prosecution of a similar nature.
4 Housing Partnerships
The provision of a full range of housing advice services in
accordance with statutory requirements and appropriate decisions of
the Council including:
(i) the authority to determine applications from households who
may be homeless or threatened with homelessness;
(ii) the authority to make arrangements with private landlords,
housing associations and other suitable agencies to provide
accommodation to homeless households in connection with the
Councils statutory duties;
(iii) the authority to make nominations to Hermitage Housing and
other Registered Social Landlords in accordance with Council
policies.
but excluding:
(a) allocation of Social Housing Grant;
(b) housing strategy
5 Management of Car Parks;
The operation and management of
off-street parking places in the ownership or under the control of
the Council.
6 Retail Area Support, Markets
and Street Events
(a) General town centres
management and the granting of consents relating to markets
and street events but excluding:
1 the
initial consent for a market (other than specialist markets
referred to in (b)
below) to be held in a particular
location on a particular day;
2
and street events (other than
street parties conforming to an agreed scheme)
to be subject to consultation with Ward
Members.
(b) To grant consent for up
to three ad hoc specialist one-day markets each in Havant
and Waterlooville town centres per annum except where:
- a member makes a written request
for the application to be considered by the Committee within
fourteen days of being notified of the application;
- the Corporate Director Community
Group considers that the application should be referred to the
Committee; or
- the applicant is either a
councillor or council employee
(3) To the Corporate
Director of the Regeneration Group
To the Corporate Director of the
Regeneration Group, insofar as it is lawfully empowered to do so,
the Council and the Executive hereby delegate full authority to
exercise and discharge the following powers, functions, roles and
responsibilities, (including all activities relevant and reasonably
necessary and incidental thereto) but subject to the exclusions,
exceptions, restrictions and conditions noted:
(a) Under; Regeneration
Services
1 Economic development
(i) promotion of the Borough for
inward investment;
(ii) provision of economic development advice and other business
support activities;
(iii) facilitation of land and property to promote economic
development;
(iv) business liaison activities;
(v) participation in the work of regional and sub-regional
strategic policy and programme delivery partnerships
(vi) development, co-ordination and delivery of regeneration
strategies and programmes;
(vii) development of policy and services for selected business
sectors and localities (eg. Tourism and shopping centres)
(viii) securing external funds for regeneration
(ix) promotion of local partnership approaches to
regeneration
2 Sustainability
(i) promoting sustainability and sustainable development
awareness and inclusion within Council service policies and
delivery
(ii) embedding sustainability in the Community and
Corporate Strategies, other strategies and plans.
(iii) Co-ordinating, monitoring and reviewing actions to promote
sustainability
3 Housing and community regeneration
(i) development of Housing Strategy;
(ii) promotion of a balanced housing market;
(iii) strategic partnership with housing providers;
(iv) development of policies, programmes and partnership working
to combat poverty and social exclusion;
(v) strategic policy and programme liaison with lead
organisations and partnership bodies involved in community
development, education, health and social welfare;
(vi) Programme co-ordination for SRB schemes;
(vii) Lead partner for Havant ICT On-line programme
4 Area-based Regeneration Schemes
(i) project management and implementation leadership of major
schemes of borough-wide or sub-regional significance
(b) Under Planning and Development Services
1 Building Control Services
(i) The authority to carry out the administration of the
Building Regulations and associated issues involving the receiving
of applications and appropriate charges, registering, approving,
rejecting, site inspections and dealing with any requests for
determination and relaxations.
(ii) The authority to deal with the control of
demolitions, issuing of licences and conditions. The authority to
deal with the control of dangerous structures and to act as the
Proper Officer where such emergencies make it necessary.
but excluding:
(a) The setting of Building Regulation Charges
if it is necessary, in order to maintain self-financing, to go
outside of the Local Government Association recommended scheme by +
or 10%.
(b) The legal enforcement, notices, summons etc in respect of
the Building Regulations, associated matters, demolitions and
dangerous structures.
2 Development Control
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 and as
a Competent Authority under the Conservation (Natural Habitats)
Regulations and, further, the Council's functions under Part 8 of
the Anti-Social Behaviour Act 2003 including:
(i) The power to accept, process, publicise and determine
planning and other applications submitted to the Local Planning
Authority and complaints made to the Council under Part 8 of the
Anti-Social Behaviour Act 2003 (High Hedges) except where:
(a) prior to the end of the publicity period for the
application, as notified in the weekly list of applications, a
councillor submits a 'red card' requesting that the matter be
referred to the Development Control Committee for
determination;
(b) the applicant is the Council or relates to Council owned or
managed land;
(c) the determination of the application would represent a
departure from the adopted development plan;
(d) the applicant is a councillor or council employee;
(e) the application is accompanied by an environmental impact
statement;
(f) the application if permitted would result in a referral to
GOSE under a direction from the Secretary of State other than a
referral under Circular 01/2001;
(g) prior to the end of the publicity period for the
application, as notified in the weekly list of applications, the
applicant or a third party requests the application be determined
by the Development Control Committee.
(ii) to agree minor amendments to schemes previously approved by
the Development Control Committee or under delegated powers;
(iii) to consider, approve or reject details submitted
pursuant to conditions imposed on permissions granted by the
Development Control Committee, under delegated powers or by the
Secretary of State on appeal;
(iv) to respond to consultations from Hampshire County Council
and adjoining local planning authorities; to determine whether
planning permission is required for a particular operation or use
having first consulted with the Solicitor to the Council;
(v) to instigate breach of condition notices, planning
contravention notices and stop notices under the Town and Country
Planning Acts;
(vi) to instruct the Solicitor to the Council to instigate
prosecutions with respect to contraventions under the Town and
Country Planning Acts;
(vii) to instruct the Solicitor to the Council with respect to
legal agreements under the Town and Country Planning Acts necessary
to protect the Council's or public interest in the granting of
permission pursuant to either a decision of the Development Control
Committee or under delegated powers;
(viii) to instruct the Solicitor to the Council with respect to
the making of tree preservation orders;
(ix) to instruct the Solicitor to the Council to act in those
cases where there is insufficient time to secure the Development
Control Committee's authority to serve building preservation
notices in order to protect a building at risk;
(x) to hold in abeyance and to subsequently withdraw any formal
notices served under the Town and Country Planning Act including
those authorised by the Development Control Committee in the event
of a subsequent grant of planning permission on appeal;
(xi) to exercise all the Councils functions with respect to
'screening' and 'scoping' opinions under the Town and Country
Planning Acts and the Conservation (Natural Habitats)
Regulations;
(xii) to respond to and take all necessary action pursuant to
the receipt of Hedgerow Removal Notices and to instruct the
Solicitor to the Council in respect of the serving of Hedgerow
Retention and Replacement Notices;
(xiii) to determine the Councils case to be presented at appeals
including the decision whether to appoint consultants to act upon
the Councils behalf (within Council budgets) or to submit claims
for costs against an appellant;
(xiv) to authorise individual officers to gain entry to land for
purposes authorised under the Town and Country Planning Acts;
(xv) to process and approve or reject historic building grant
applications (within Council Budgets) excluding grant offers in
excess of £500 which should be referred to the relevant Portfolio
Holder
3 Local Land Charges
The provision of a local land charges service (registration of
local land charges, and replies to statutory local searches and
non-statutory enquiries) in accordance with all statutory and other
relevant requirements (including appropriate decisions of the
Council);
4 Planning Policy and Urban Design
The provision of planning policy and urban design services
including:
(i) preparation and implementation of statutory development
plans;
(ii) provision of planning policy information and guidance;
(iii) design and implementation of environmental enhancement
schemes;
(iv) provision of environmental enhancement advice
but excluding:
(v) the final agreement of all Council Policies, Strategies and
Plans developed by the service.
(c) Under; Technical Services
1 Capital Projects and Property
Services
The provision of capital
projects, property and building maintenance services
including:
(i) in respect of property
declared surplus to the requirements of the Council by a decision
of the Executive (or some earlier decision of an appropriate
Council Committee), authority to approve all disposals at market
value where the level of consideration does not exceed £25,000
capital value or £20,000 annual value in each case;
(ii) in respect of acquisitions,
where a service need has been identified and agreed by the
Executive and budgetary provision made, authority to agree all
acquisitions at market value where the level of consideration does
not exceed £25,000 capital value or £20,000 annual value in each
case;
(iii) authority to agree all rent
reviews, re-gearings and re-lettings;
(iv) authority to make decisions
on any requests by lessees for the Council's consent as freeholder
where this is required by any clauses contained in leases of the
Council's properties;
(v) authority to make and settle
proposals in respect of the rateable value of any Council
property;
(vi) authority to submit
applications for planning permission and listed building consent in
respect of any property owned by the Council or to be acquired by
the Council;
(vii) authority to deal with the
day to day management of all land and property.
(NOTE
(i) All financial limits are
April 2001 levels and that are to be revised annually in line with
increases in the Retail Prices Index;
(ii) All transactions approved
under delegated authority to be reported to Members in Council
Briefing).
but
excluding:
(a) the
agreement of the Council's annual or other capital
programmes;
(b) any lands transactions
involving values exceeding those set out above.
2 Civil Emergency Plans
The preparation of Civil
Emergency Plans for the Borough Council, in consultation with
Hampshire County Council and all necessary outside bodies and
organisations.
3 Coastal Defences
The management and maintenance of
coastal defences within and affecting the Borough.
4 Concessionary Travel
Strategy and policy issues (as a
transportation function).
5 Highways Functions
All highways functions
exercisable by the Borough Council, either directly or under agency
arrangement, including the management and protection of all
streets, highways, cycleways, footpaths, bridges and other public
thoroughfares within the Borough including all activities relevant
and reasonably necessary and incidental thereto but
excluding:
(i) the service of notices and
authorisation of consents under the Highways Act 1980 and other
Acts relating to the management of streets, roads and highways etc
(Solicitor to the Council) all other licences and consents to be
treated as delegated to the Head of Technical Services;
(ii) the designation of consent
streets under The Local Government (Miscellaneous Provisions) Act
1982;
(iii) the authorisation to permit
those pedestrianised streets and precincts over which the public
have the right of way for non-commercial and commercial
events;
(iv) decisions authorising the
making of traffic regulation orders under the Road Traffic
Regulation Act 1984 or any re-enactment or statutory modification
thereof;
(v) decisions as to the
appointment and revocation of hackney carriage stands and the
number of vehicles thereon.
6 Land Drainage Functions
The management of all land
drainage functions, including the Council's functions under Section
262 of the Public Health Act 1936 but
excluding:
(i) service of notices and making
of requirements under section 112(1)-(4) of The Water Industry Act
1991;
(ii) service of notice under
Section 16(1)(a) of the Land Drainage Act 1991 [transfer of
responsibility for land drainage function(s) to the County
Council].