DELEGATIONS TO OFFICERS

Column 1 – Function

Column 2 – Authorised Officer

1. General

 

1.1      To carry out responsibilities for any function which the Council has not reserved to itself or delegated to a Committee or Sub Committee in this Constitution and which Council has not authorised another officer to carry out in this Scheme of Delegation.

Decisions taken in accordance with this delegation will be reported to the next available ordinary Council meeting.

Chief Executive or a Deputy Chief Executive or a Group Head in consultation with the relevant Chair and Vice-Chair.

1.2      To enter land and premises for the purpose of inspections, surveys, testing and examinations as required pursuant to any powers or functions of the Council under any enactment

 

Any Group Head, the Medical Advisor, the Property Inspector for Council Tax and Business Rates, or such other officer who maybe authorised in writing by the above named

1.3      To serve notices to obtain particulars of a person’s interest in land

Group Heads of Corporate Governance and People, Place and Prosperity or Planning Development Manager or other such officer who may be authorised in writing by the above named

1.4      To serve notice under any enactment (not separately authorised under this scheme of delegations) and to take follow up action

Group Heads of Corporate Governance and People, Place and Prosperity, Strategic Planning Manager, Planning Development Manager

1.5      To authorise officers to conduct directed surveillance or the use of covert human intelligence sources in accordance with the Regulation of Investigation Powers Act 2000 

Strategic Planning Manager, Planning Development Manager and Group Head Place, Protection and Prosperity .

1.6      To administer simple cautions

Strategic Planning Manager, Planning Development Manager or Group Head Place, Protection and Prosperity .  

1.7      To respond to routine and technical consultations from the Local Government Association, the MHCLG, other Government bodies or departments and any other bodies

Chief Executive, Deputy Chief Executive. Strategic Planning Manager, Planning Development Manager or Group Head Place, Protection and Prosperity ,  or such officer who may be authorised in writing by the above named

1.8      Under the provisions of the Children Act 1989 and the Council’s Safeguarding Children and Vulnerable Adults Policy and Procedures, to undertake responsibility for making contact with Social Services and for making decisions and referrals, including making Disclosure and Barring Service (DBS) checks on officers or other persons seeking employment with children, young people or vulnerable adults

Deputy Chief Executive responsible for Safeguarding

1.9      To undertake the function of Company Secretary for Knowle Green Estates Limited and any subsidiary companies

Group Head of Corporate Governance

1.10   To invite members:

a)               of the Licensing Committee to participate in meetings of Licensing Sub-Committees convened to determine various applications within the responsibility of the Licensing Committee; and

b)               of the Standards Committee to participate in meetings of Assessment Panels.

 

Group Head of Corporate Governance

1.11   To amend the membership of a political group’s seats on any particular committee, at the request of the Group Leader.

Chief Executive

1.12   To be designated the Council’s ‘Appointed person’ in accordance with s10(8) of the Party Wall Act 1996.

 

 

Principal Building Control Surveyor

2     Legal and Legal Proceedings

 

Column 1 – Function

Column 2 – Authorised Officer

2.1To instigate, conduct and settle proceedings, complaints, or disputes (administrative, criminal or civil) on the Council’s behalf in any Court, Tribunal or other body or by way of local resolution, and/or in relation to any matters associated thereto, but in respect of settlements this is limited to £50,000 and anything above this level be referred to the Corporate Policy and Resources Committee.

Group Head of Corporate Governance

2.2 To instigate and conduct legal proceedings for any offence or any matter arising under:

a.      legislation which gives the Council a right or duty to prosecute

b.      any order notice or licence issued in pursuance to any legislation under which the Council has powers or duties

c.      any other order or regulation under which the Council has powers or duties

Group Head of Corporate Governance

2.3 To accept service of proceedings on behalf of the Council

Group Head of Corporate Governance (or Chief Finance Officer in respect of insurance claims)

2.4 To instruct Counsel, Solicitors or relevant agents to represent or advise the Council

Group Head of Corporate Governance (or any Chartered Town Planner in respect of planning matters)

2.5 To take necessary action, including legal proceedings, for the recovery of possession of the Council’s land and premises or for protecting the interests of the Council in any land or common land

Group Head of Corporate Governance

2.6 Authority to make a formal complaint at the Magistrates Court and to appear in the Magistrates and County Courts on behalf of the Council for the recovery of Council Tax, non domestic rates, other revenues and penalties, including formal proof of debt in bankruptcy cases, liquidations and debt proceedings

Group Head Commissioning and Transformation, Senior Recovery Officer, Recovery Officer or Technical and System Support Officer

2.7 To represent the Council at the Local Valuation Tribunal 

Group Head Commissioning and Transformation or Technical and System Support Officer

2.8 To appear on behalf of the Council in all proceedings before any Court or Tribunal

All employees of the Council who are qualified Barristers, Solicitors or Legal Executives and any other member of staff authorised in writing by the Group Head of Corporate Governance

2.9To appear on behalf of the Council in proceedings in the Magistrates Court in respect of offences in the Council’s car parks

All employees of the Council who are qualified Barristers, Solicitors or Legal Executives and any other member of staff authorised in writing by the Group Head of Corporate Governance, the Group Head Neighbourhood Services and any member of the Car Parks staff authorised in writing by the Group Head Neighbourhood Services.

2.10 To instigate legal proceedings under Section 1 of the Crime and Disorder Act 1998 in respect of anti-social behaviour orders.

Group Head of Corporate Governance

3     Authority to Sign and Seal Documents

 

Column 1 – Function

Column 2 – Authorised Officer

3.1      Authority to sign all legal documents relating to recovery of monies due to the Council

Chief Executive, Chief Finance Officer, Group Head of Corporate Governance, Group Head Community Wellbeing or Group Head Commissioning and Transformation.

3.2      Authority to sign all legal documents for the acquisition or disposal of land (unless under seal)

Chief Executive, Chief Finance Officer or Group Head of Corporate Governance

3.3      Authority to sign all contracts and agreements (unless under seal) for expenditure within their service budget or for no value within their service area PROVIDED that Contract Standing Orders have been followed including legal advice being obtained for contracts over £20,000

Chief Officers, Group Head of Corporate Governance, other Group Heads, Planning Development Manager, Strategic Planning Manager

3.4      To affix the Council’s common seal

Chief Executive, Chief Finance Officer or Group Head of Corporate Governance

4     LAND ISSUES

 

Column 1 – Function

Column 2 – Authorised Officer

4.1    In respect of properties leased/licensed to or by the Council:

a.         to refuse or consent to assignments or sub-lettings, including changes to Trustees or Directors details, subject to satisfactory references;

b.         to negotiate, approve and document rent reviews;

c.         to agree low level less than best value rents/licence fees for community groups where proper justification has been acquired and documented;

d.         to agree to variations to any of the terms or covenants; subject to valuation advice where appropriate;

e.         to renew leases which have security of tenure under the Landlord and Tenant Act 1954;

f.          to serve notices for renewals or terminations of leases under the Landlord and Tenant Act 1954;

g.         to settle terms of management arrangements and any variations to them;

h.         to agree to the grant of Licences to Alter

i.          in consultation with the Chair of Commercial Assets Sub-Committee, to agree dilapidation settlements up to £100k.  

Group Head for Assets  

4.2 

a.      To approve new lettings where the rental income per annum (net of VAT) does not exceed £100k.

b.      To approve lease renewals where the rent in the first year is more than 50% of the passing rent of the previous lease, subject to the financial impact not exceeding £250k.

c.       To approve freehold or leasehold disposals or acquisitions of land or interests in land not exceeding an estimated value of £100k per transaction.

d.      To approve the exercise of a break option under the terms of lease of land or property where the financial impact does not exceed the value £100k.

 

e. To accept or agree a surrender where the land or property is no longer required by the Council or the Landlord/Tenant as appropriate, where the financial impact does not exceed £100k.

 

f. to make the application for planning permission in relation to Regulation 3 of the Town and Country Planning General Regulations 1992, on behalf of the Council as developer, where the financial impact does not exceed the value £100k for the whole project.

 

Notes:

a.   to c. Financial impact to be based on contracted rental values.

a.   to d. VAT should be disregarded when determining if a transaction falls under the stated thresholds.

Group Head for Assets in consultation with the Chief Finance Officer.

 

(Note: for lettings granted under the Community Lettings Policy, there must also be consultation with the Chairs and Vice Chairs of Corporate Policy and Resources and Community Wellbeing and Housing Committees.)

4.3    Urgent Action

In relation to a new letting, to take a decision which is so urgent that it cannot wait until the next scheduled meeting of the Committee and where the decision is not in contravention of established policies. In following this procedure, the Group Head for Assets is required to seek the approval of the Chair and Vice-Chair of the Business, Infrastructure and Growth Committee if the matter would ordinarily fall within the remit of the Committee or in the case that any aspect of the letting could be considered sensitive. The use of such urgent action must be reported to the next relevant Committee meeting.

 

Group Head for Assets

4.4    To grant or take miscellaneous licences, wayleaves, easements and other agreements as required

Group Head for Assets

4.5    To enter into a Tenancy at Will

Group Head for Assets 

4.6    To determine applications for rights of way or other easements over land

Chief Finance Officer after consultation with Group Head for Assets

4.7    To approve the release of covenants           subject to obtaining appropriate legal and           valuation advice

Group Head for Assets 

4.8    To determine if an asset nominated for inclusion on the list of assets of community value: (i) is within the local authority’s area (ii) has been properly nominated (iii) meets the statutory criteria set out in section 88 of the Localism Act 2011 and (iv) does not fall within an excluded category.

Group Head for Assets 

4.9  To review decisions made regarding the inclusion of assets on the list of assets of community value in accordance with section 92 of the Localism Act 2011

Group Head Corporate Governance

4.10    To maintain the list of assets of community value in accordance with section 87 of the Localism Act 2011

Group Head for Assets 

4.11 To assess and determine compensation applications to private property owners arising out of listings of assets of community value in accordance with section 99 of the Localism Act 2011 and Schedule 2 of The Assets for Community Value (England) Regulations 2012

Group Head for Assets 

4.12 To review decisions made regarding compensation award in accordance with Schedule 2 of The Assets for Community Value (England) Regulations 2012

Group Head Corporate Governance

5     Financial Matters

 

Column 1 – Function

Column 2 – Authorised Officer

5.1      To make a formal demand for payment of monies expended in carrying out works in default under statutory powers, including interest payable thereon

Relevant Deputy Chief Executive  

5.2      To raise in line with inflation any financial limits specified in these delegations to officers, contract standing orders or financial regulations

Chief Finance Officer

5.3      In connection with the provision of services under their control:

a.         Expenditure of any type within approved budgets (subject to delegation 3.3 - as to signature of contracts);

b.         Day to day running and operation of services, including maintenance and repairs of all buildings, land and equipment within the responsibility of the service area, in accordance with the policies set down by the Council or relevant Committee; and

c.         Control, purchase and disposal of stores or surplus materials

d.         To enter into any arrangement with a creditor for payment to be made by way of instalment

Relevant budget holders 

5.4      To implement all the Council’s borrowing and investment strategies, in accordance with the Treasury Policy Statement and Capital Strategy

Chief Finance Officer

5.5      To determine the tax base, in accordance with the Local Authorities (Calculation of Tax Base) (England) Regulations 2012, as amended

Chief Finance Officer

5.6      To deal with applications for local council tax discounts in very exceptional cases. Such cases to include flooding and where committal action through the courts is not deemed appropriate. The latter will need to be supported by third party reports generally from a social worker or doctor

Chief Finance Officer or Group Head Commissioning and Transformation

5.7      To take all necessary steps relating to the demand, collection and recovery of council tax non-domestic rates and Business Improvement District levy payments and to issue all necessary notices and statements and to sign all relevant documentation 

Group Head Commissioning and Transformation

5.8      To sign certificates issued under Section 116 of the Social Security Administration Act 1992

Group Head Commissioning and Transformation

5.9      To exercise the Council’s responsibilities under Regulation 6 of the Accounts and Audit (England) Regulations 2011, to maintain an adequate and effective system of internal audit of the accounting records and control systems

Chief Finance Officer

5.10   To take decisions in applications under section 44A of the Local Government Finance Act 1988 and subsequent regulations

Chief Finance Officer or Group Head Commissioning and Transformation

5.11   To grant applications for mandatory rate relief under in accordance with section 43 of the Local Government Finance Act 1988

Chief Finance Officer or Group Head Commissioning and Transformation

5.12   To grant application for discretionary rate relief for properties in accordance with Council policies provided that element of the relief recoverable from local taxpayers does not exceed £9000 in any one case.

Chief Finance Officer or Group Head Commissioning and Transformation

5.13   To grant disabled relief under the Local Government Finance Act 1992 and subsequent regulations

Chief Finance Officer or Group Head Commissioning and Transformation

5.14   To serve the Valuation Officer with notice of objection to any proposals for alteration of the valuation banding lists.

Chief Finance Officer or Group Head Commissioning and Transformation

5.15   To make proposals for the alteration of the valuation list for the inclusion of particular properties in the valuation list. To sign valuation agreements and to serve on the Valuation Officer proposals to alter the council tax banding list

Chief Finance Officer or Group Head Commissioning and Transformation

5.16   To pay sums due from the Council

Chief Finance Officer

5.17   To write off debts for non-domestic rates not exceeding £9000 and for Council tax not exceeding £5000.

Group Head Commissioning and Transformation

5.18   To write off debts for Housing Benefits not exceeding £5000

Group Head Community Wellbeing

5.19   To write off debts not exceeding £5000 and to write off all debts without limit where bankruptcy, liquidation proceedings, administration or receiverships proceedings have been instigated

Group Head Commissioning and Transformation

5.20   To fix interest rates for housing loans in accordance with legislation and Council policy

Chief Finance Officer

5.21   To determine the local average interest rates for local authority mortgages, in accordance with section 438 and schedule 16 of the Housing Act 1985 and Council policy

Chief Finance Officer

5.22   To provide all necessary insurance cover and to settle insurance claims

Chief Finance Officer

5.23   To make determinations under sections 42,50, 56,60 and 63(1) of the Local Government and Housing Act 1989

Chief Finance Officer

5.24   To serve completion notices for Council Tax and Business Rate proposals

Chief Finance Officer or Group Head Commissioning and Transformation

5.25   To set fees for Local Land Charges services

Chief Finance Officer

5.26   Approval of grants from any funds remaining from the Council’s former local lottery

Chief Finance Officer

5.27   To make appropriate staged payments for grants for development

Chief Finance Officer

6     PERSONNEL MATTERS

 

Column 1 – Function

Column 2 – Authorised Officer

6.1      To give approval to services to advertise or to fill a staffing vacancy

Chief Executive, Deputy Chief Executive or Group Heads

6.2      Within staffing budgets and overall management structure to approve all matters relating to the organisation, appointment (other than appointments at, or above, grade Group Head) and management (including disciplinary action) of staff in accordance with the Council’s staff policies and procedures

Chief Executive, Deputy Chief Executive or Group Heads

6.3      To implement national awards affecting wages, salaries and conditions of service

Chief Executive, Relevant Deputy Chief Executive or Group Head Neighbourhood Services for local rate overtime

6.4      To administer the Council’s car loan scheme

 

Chief Finance Officer

6.5      To agree redundancy payments under the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006 in cases approved by Management Team

 

Chief Executive in consultation with the Leader of the Council


 

  1. Environmental Health Matters

 

Column 1 – Function

Column 2 – Authorised Officer

7.1         To exercise the Council’s functions in respect of environmental health matters, including, but not limited to the following functions:

a.    Statutory and Public Nuisances;

b.    Control of Noise;

c.    Light nuisance;

d.    Control of Air Pollution;

e.    Contaminated Land;

f.     Control of rats and mice;

g.    Insects;

h.    Prevention of Damage by Pests;

i.      The provision, management and control of Cemeteries, Mortuaries and Crematoria and the discharge of the Council’s functions relating to burials and cremation generally;

j.      Safety of buildings;

k.    Food, Drinking Water, Food Hygiene and associated matters;

l.      Functions in connection with the Welfare and Control of Animals;

m.  Control of Diseases, infectious diseases and General Public Health matters;

n.    Filthy or verminous premises, articles or persons;

o.    Accumulations;

p.    Drains and private sewers and any other environmental health functions in relation to sewerage or, water (by arrangement with the service operators if appropriate);

q.    Health and Safety at Work;

r.     Provisions relating to shops including Sunday trading;

s.    Hazardous Substances;

t.     Slaughterhouses, Knackers Yards and Cutting Premises;

u.    Tattooing, acupuncture, body piercing, semi-permanent skin colouring and electrolysis

 

Group Head Place, Protection and Prosperity  ; or:

 

In relation to 7.1(i) the Group Head of Neighbourhood Services

In relation to 7.1(j) the Building Control Manager

7.2         To issue any notices, penalties, permits or certificates in respect of environmental health matters, including, but not limited to:

a.          Local Government (Miscellaneous Provisions) Act 1976 Local Government (Miscellaneous Provisions) Act 1982;

b.          Public Health Act 1936 ss. 45, 48, 49, 83, 84, 275 and 287;

c.           Public Health Act 1961 ss. 17, 22 and 34;

d.          Building Act 1984 ss. 59, 64, 66, 67, 70, 72, 76, 84, 95 and 97;

e.          Environmental Protection Act 1990

f.            Food Safety Act 1990;

g.          Prevention of Damage by Pests Act 1949

h.          Health and Safety at Work etc. Act 1974;

i.            Noise Act 1996;

j.            Anti-Social Behaviour Act 2003;

k.           Clean Neighbourhoods and Environment Act 2005;

l.            Animal Welfare Act 2006;

m.         Health Act 2006;

n.          House to House Collections Act 1939;

o.          Pet Animals Act 1951;

p.          Riding Establishments Act 1964;

q.          Riding Establishments Act 1970;

r.           Animal Boarding Establishments Act 1963;

s.           Breeding of Dogs Act 1973;

t.            Breeding of Dogs Act 1991;

u.          Dangerous Wild Animals Act 1976;

v.           Hypnotism Act 1952;

w.         Smoke-free (Premises and Enforcement) Regulations 2006;

x.           Smoke-free (Signs) Regulations 2012

y.           Smoke-free (Exemptions and Vehicles) Regulations 2007

z.           Smoke-free (Penalties and Discounted Amounts) Regulations 2007;

aa.       Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007;

bb.       Pollution Prevention and Control Act 1999;

cc.        Control of Pollution Act 1974;

dd.       Public Health (Control of Disease) Act 1984;

ee.       Private Security Industry Act 2001;

ff.          Meat (Sterilisation and Staining) Regulations 1982;

gg.       Clean Air Act 1993;

hh.       Land Compensation Act 1973 s.37;

ii.           Sunday Trading Act 1994;

jj.           Criminal Justice and Public Order Act 1994 ss.77 and 78;

kk.        Working Time Regulations 1998;

ll.           Building Regulations 2010;

mm.    Building (Approved Inspectors etc.) Regulations 2010;

nn.       Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002;

oo.       Land Drainage Act 1991;

pp.       Scrap Metal Dealers Act 2013;

qq.       Sunbeds (Regulation) Act 2010;

rr.          The Caravan Sites and Control of Development Act 1960;

ss.        Mobile Homes Act 2013;

tt.          Water Industry Act 1991;

uu.       Environmental Protection (Control on Ozone-Depleting Substances) Regulations 2011;

vv.        Waste (England and Wales) Regulations 2011

ww.     Tattooing of Minors Act 1969

xx.        The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018  

yy.        Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and any subsequent related legislation.

zz.        The Business and Planning Act 2020

aaa.    Town Police Clauses Act 1847

bbb.    Highways Act 1980

ccc.     Policing and Crime Act 2017

ddd.    Live Music Act 2012

eee.    Deregulation Act 2015

fff.         Police, Factories & c. (Miscellaneous Provisions) Act 1916

ggg.    Licensing Act 2003

hhh.    Gambling Act 2005

iii.          Zoo Licensing Act 1981

jjj.          Environmental Damage Regulations (Prevention and Remediation) (England) Regulations 2015

kkk.     Control of Pollution (Amendment) Act 1989

lll.          Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

mmm.                Environment Act 1995 (section 108[(1) and (4)a–m])

nnn.    Noise and Statutory Nuisance Act 1993 (Schedule 2)

ooo.    Public Health (Control of Disease) Act 1984

ppp.    Clean Air Act 1993 (section 56)

 

Group Head Place, Protection and Prosperity  ; and

 

in relation to 7.2 (d) and (ll ) the Building Control Manager

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.3         To exercise the Council’s functions under the Acts listed in 7.2 to this Scheme of Delegations and any other acts subsequently enacted.

Group Head Place, Protection and Prosperity  

7.4         Subject to the Terms of Reference of the Licensing Committee to exercise all functions relating to the Licensing Act 2003.

Group Head Place, Protection and Prosperity  

7.5         To determine statutory minor variations to Premises Licences, including where representations are received, under the Licensing Act 2003.

Licensing Manager

7.6         To adjourn a Licensing Sub-Committee, for administrative reasons.

Licensing Manager

7.7         Subject to the Terms of Reference of the Licensing Committee to exercise all functions relating to the Gambling Act 2005

Group Head Place, Protection and Prosperity  

7.8         Under the Licensing Act 2003 and the Gambling Act 2005 to make a decision on whether a representation is irrelevant, frivolous or vexatious

 Group Head Place, Protection and Prosperity  

7.9         To exercise all powers of the Council under sections 19-22 of the Criminal Justice and Police Act 2001 concerning closure of unlicensed premises

Group Head Place, Protection and Prosperity  (in consultation with the Chair and Vice-Chair of Licensing Committee)

7.10      Authority under the Food Safety Acts, and any associated Regulations to make application for Emergency Prohibition Orders for appropriate premises and to issue certificates that the measures specified by the Prohibition Orders have been carried out.

7.11      European Union (Withdrawal) Act 2018 as amended by the European Union (Withdrawal Agreement) Act 2020 relating to retained EU regulations including numbers 178/2002, 852-854/2004, 2017/625 and 2073/2005, which relate to food and feed

Group Head Place, Protection and Prosperity  or authorised officers from the London Borough of Hillingdon, in relation to Emergency Control Regulations governing imported foods within the Borough’s Remote Transit Sheds

7.12      To exercise the Council’s powers under the Food Safety and Hygiene (England) Regulations 2013 and relevant EU Directives and any associated regulations to serve/apply for (as appropriate) hygiene improvement notices, hygiene prohibition orders, hygiene emergency prohibition notices and orders, remedial action notices and detention notices

All Environmental Health Staff identified for this purpose by the Group Head Place, Protection and Prosperity  or authorised officers from the London Borough of Hillingdon, in relation to Emergency Control Regulations governing imported foods within the Borough’s Remote Transit Sheds

7.13      To exercise the Councils powers under the Official Feed and Food Control (England) Regulations 2009, including (but not limited to) detention, destruction, special treatment and the re-dispatch of feed and food, the service of notices, the procurement of samples of food and to take other appropriate measures’

Group Head Place, Protection and Prosperity  or authorised officers from the London Borough of Hillingdon, in relation to Emergency Control Regulations governing imported foods within the Borough’s Remote Transit Sheds

7.14      Authority in relation to Waste Disposal to pass on to commercial customers the full increased costs of all future Landfill Taxes imposed by Central Government.

Group Head Place, Protection and Prosperity  , Group Head Neighbourhood Services

7.15      To make minor changes to the Building Control Charges Scheme No. 1.

Principal Building Control Surveyor

7.16      To issue fixed penalty notices under section 33(1)(a) of the Environmental Protection Act 1990, to persons whom the officer has reason to believe have committed a small-scale fly tipping offence.

Group Head of Neighbourhood Services and Group Head Place, Protection and Prosperity  

7.17      To authorise appropriate officers to issue Fixed Penalty Notices under section 34(2)(a) of the Environmental Protection Act 1990 to persons whom the officer has reason to believe has failed to comply with their duty of care in the disposal of controlled waste.

Group Head of Neighbourhood Services

 

 

  1. Markets

 

Column 1 – Function

Column 2 – Authorised Officer

8.1      To operate a market in Staines under the terms of the Staines Town Hall and Market Act 1872

Group Head Neighbourhood Services

8.2      To set and enforce regulations for any markets within the Borough

Group Head Neighbourhood Services

8.3      To respond to requests for stands in Staines High Street on non-market days under the terms of s115E of the Highways Act

Group Head Neighbourhood Services

 

  1. Freedom of Information, Environmental Information Regulations and Data Protection

 

Column 1 – Function

Column 2 – Authorised Officer

9.1      To add documents to the Council’s publication scheme

Data Protection Officer/Information Governance Co-ordinator

9.2      To determine whether any requests under the above acts are repeated or vexatious

Data Protection Officer/Information Governance Co-ordinator

9.3      To determine whether any exemptions apply under the above Acts and Regulations

 

Data Protection Officer /Information Governance Co-ordinator

9.4      To review decisions made to place items in Part II of agendas and to authorise the disclosure of such items where the reasons for confidentiality no longer apply or where it would be in the public interest to disclose of such items.

Group Head of Corporate Governance in consultation with the Leader of the Council

  1. HOUSING AND COMMUNITY CARE MATTERS

 

Column 1 – Function

Column 2 – Authorised Officer

10.1   To approve mandatory/discretionary grants under the Housing Grants, Construction and Regeneration Act 1996 in accordance with the policies approved from time to time by the Council.

Group Head Community Wellbeing  

10.2   To exercise the powers and the functions of the Council under the Housing Grants and Regeneration Act 1996 and any regulations made thereunder.

Group Head Community Wellbeing  

10.3   Authority to require repayment of mandatory/discretionary grants in accordance with Government guidelines and within the timescales laid down in the Council’s approved policies.

Group Head Community Wellbeing  

10.4      Under the Local Government and Housing Act 1989 repayment of grant provisions, authority to waive the requirement to repay grant in any case where the owner disposes of their property, in order to go to live in sheltered housing or a residential care home, as his/her only or main residence.

Group Head Community Wellbeing  

10.5      Pursuant to the Housing Acts and all relevant Orders and Regulations thereunder:-

a.            to serve notices requiring the abatement of overcrowding;

b.            to serve notices requiring the demolition of houses, subject to Demolition Orders, carry out demolition in default and recover the cost;

c.            to make a declaration of an area as a slum clearance area subject to legislative requirements for Slum Clearance Declarations

d.            to revoke Closing or Demolition Orders on the satisfactory completion of works to render the house free from serious hazards;

e.            to serve statutory notices requiring the execution of repairs, carry out work in default and recover the costs;

f.             to serve notice requiring the production of documents and for entry into premises for inspection, survey and works.

g.            to exercise the Council’s powers under the Housing Act 2004 for the issue of/application for (as appropriate) Improvement Notices, Prohibition Orders, Hazard Awareness Notices, Emergency Remedial Action Notice, Emergency Prohibition Orders and empty property management orders and

in respect of houses in multiple occupation, to:

       i.                make interim and final management orders;

      ii.                serve notices requiring compliance with management regulations, the execution of works, including the provision of facilities and fire escapes;

     iii.                make directions to prevent or reduce overcrowding;

    iv.                carry out works in default of compliance with (e)(i), (ii) and (iii) above and to recover the costs.

      v.                To determine and issue licences under the Housing Act 2004

Group Head Place, Protection and Prosperity

10.6      To discharge the duties or exercise the powers of the Council under the Housing Act 1996 Parts VI and VII with regard to the allocation of housing accommodation, operation of the housing register, provision of housing advice, and matters relating to homelessness and the arrangement of accommodation for households where necessary under the legislation.

Group Head Community Wellbeing

10.7      The placing of homeless persons in bed and breakfast or other temporary accommodation and the fixing, collection and recovering of contributions therefore

Group Head Community Wellbeing

10.8      To make nominations to housing association accommodation of applicants on the Housing Register, in accordance with the Council’s bands scheme.

Group Head Community Wellbeing

10.9      To make nomination to housing association accommodation outside the bands scheme to applicants considered as special cases.

Group Head Community Wellbeing

10.10   To make nominations to housing association accommodation of persons nominated by other local authorities/housing associations under any mobility scheme in which the Council agrees to participate.

Group Head Community Wellbeing

10.11   To agree terms for the lease from private landlords of premises to be used for the provision of temporary accommodation for the homeless.

Group Head Community Wellbeing

10.12   Administration of the Spelthorne Personal Alarm Network Scheme (“SPAN”) and the negotiation of service charges with other public bodies.

Group Head Community Wellbeing

10.13   To take any necessary action to deal with illegal encampments on Council owned land and on privately owned land, with the owner’s permission.

Group Head of Corporate Governance

10.14   To exercise the Council’s power and functions in relation to determination and payment of Housing Benefit, rent allowances and Council Tax benefit and recovery of housing benefit overpayments in accordance with the regulations.

Group Head Community Wellbeing    

10.15   The carrying out of such duties necessary for the prosecution, administrative penalties and formal cautioning in cases where housing benefit fraud is detected.

Group Head Community Wellbeing   

10.16   The initial decision to decide Discretionary Housing Payments

Appeals and Review Officer and Housing Benefit Manager

10.17   Review of a Discretionary Housing Payments decision

Group Head Community Wellbeing

10.18   The requisition of the supply of water, gas, electricity, telephones and other services necessary for properties provided or to be provided for housing purposes.

 Group Head Community Wellbeing

10.19   To exercise the Council’s powers and functions in relation to Community Care and related issues.

Group Head Community Wellbeing

10.20   To undertake day to day management of Day/Community Centres and the Meals on Wheels Service.

 

 

 

 

Group Head Community Wellbeing   

  1. LEISURE AND ASSOCIATED MATTERS

 

Column 1 – Function

Column 2 – Authorised Officer

11.1      The management and letting of all sports, recreational and community facilities provided by the Council subject to the Community Lettings Policy, including:-

a.            the fixing of charges for special events not covered by the annual review of fees and charges;

b.            Negotiation of variations in charges for use of sports, recreational and community facilities within established policy;

c.            The power to waive fees and charges; and

d.            The setting of opening hours for facilities and the duration of sports seasons.

Group Heads Neighbourhood Services and Community Wellbeing

11.2      The promotion of musical, artistic, cultural, sporting and community activities, including negotiation of sponsorship arrangements.

Group Head Community Wellbeing

11.3      The management of allotments, including entering into management agreements for sites, lettings, mal-cultivation notices, notices to quit and decisions on applications for permission to erect structures by tenants or allotment associations.

Group Head Neighbourhood Services

11.4      The management of cemeteries, including the allocation, re-allocation and grant of grave spaces, including the repurchase of grave spaces and other associated matters.

Group Head Neighbourhood Services

11.5      The administration of Leisure Development Grants to be made to Voluntary Organisations, in accordance with the policy guidelines approved from time to time by the Community Wellbeing and Housing Committee.

Group Head Community Wellbeing 


  1. ENVIRONMENT AND PUBLIC AMENITIES MATTERS

 

Column 1 – Function

Column 2 – Authorised Officer

12.1    To determine applications made in respect of land under the control of the Council for the following:-

a.     Placing of structures.

b.     Erection of directional signs.

c.      Erection of banners.

d.     Street trading consent under Section 3 and Schedule 4 of the Local Government (Miscellaneous Provisions) Act, 1982.

e.     Fun runs, marathons, filming and other similar activities.

Group Head Place, Protection and Prosperity  or Group Head Neighbourhood Services

12.2    In relation to the Council’s Car Parks:-

a.      to authorise proceedings in respect of offences against any car park regulations; and

b.      to determine applications by outside bodies or persons for use of the car parks, subject to any consent not prejudicing the normal use of the car park.

Deputy Chief Executive 

12.3      To authorise and determine payment of an appropriate commuted sum when taking over private lighting schemes under Section 161 of the Public Health Act 1875.

Relevant Deputy Chief Executive 

12.4      The siting of bus shelters, bus stops, seats and other street furniture.

Relevant Deputy Chief Executive 

12.5      The numbering and renumbering of premises in streets.

Group Head Place, Protection and Prosperity

12.6      All necessary steps in connection with the removal and disposal of abandoned vehicles under the Refuse Disposal (Amenity) Act 1978.

Group Head Neighbourhood Services

12.7      To make representations to Surrey County Council regarding the provision of tendered bus services under the Transport Act, 1985.

Relevant Deputy Chief Executive 

12.8      To exercise the Council’s powers under the following provisions of the Local Government (Miscellaneous Provisions) Act, 1976:-

a.         Section 23 (in relation to dangerous trees);

b.         Section 25 (in relation to dangerous excavations).

Group Head Place, Protection and Prosperity  

12.9      To institute proceedings in the County Court or High Court to gain possession of highway land occupied by caravans, tents or other residential structures.

Group Head of Corporate Governance

12.10   To make objections on amenity grounds to applications submitted to the Traffic Commissioners for Goods Vehicle Operators Licences.

Relevant Deputy Chief Executive or Group Head Neighbourhood Services

12.11   To make minor amendments to the Pavement Policy

Group Head Place, Protection and Prosperity  in consultation with the Chair of the Licensing Committee.

12.12   To make minor amendments to the Hackney Carriage and Private Hire Licensing Policy.

Group Head Place, Protection and Prosperity

12.13   To issue Private Hire Vehicle and Hackney Carriage licences where applicants comply with the criteria agreed from time to time by the Council or relevant Committee.

Group Head Place, Protection and Prosperity

12.14   Immediate revocation of a Hackney Carriage driver and Private Hire driver licenses in accordance with the Council’s adopted procedure. Power to revoke is under section 61 Local Government (Miscellaneous Provisions) Act 1976.

Group Head Place, Protection and Prosperity  in consultation with the Chair and Vice-Chair of Licensing Committee

12.15   To suspend Hackney Carriage driver and Private Hire driver Licences in accordance with the Council’s adopted procedure. Power to suspend is under section 61 Local Government (Miscellaneous Provisions) Act 1976

Group Head Place, Protection and Prosperity  in consultation with the Chair and Vice-Chair of Licensing Committee

12.16   To suspend Hackney Carriage and private hire vehicle licenses in accordance with the Council’s adopted procedure.  Power to suspend a vehicle is section 60 of Local Government Miscellaneous Provisions) Act 1976)

Group Head Place, Protection and Prosperity

12.17   To administer the hackney carriage and private hire licensing Penalty Points Scheme and issue penalty points in accordance with the Scheme

Group Head Place, Protection and Prosperity

12.18   To determine appeals against penalty points under the Council’s Penalty Points Scheme

Group Head Place, Protection and Prosperity  in conjunction with the Deputy Chief Executive

12.19   To administer the applications for Pavement Licensing

Group Head Place, Protection and Prosperity

12.20   To administer the Licensing Act 2003

Group Head Place, Protection and Prosperity

12.21   To administer House to House Collections under the House to House Collections Act 1939

Group Head Place, Protection and Prosperity

12.22   To administer Scrap Metal licensing under Scrap Metal Dealer’s Act 2013

Group Head Place, Protection and Prosperity

12.23   To administer Gambling licensing under Gambling Act 2005

Group Head Place, Protection and Prosperity

12.24   To administer Sex Establishments under Local Government (Miscellaneous Provisions) Act 1982

Group Head Place, Protection and Prosperity   

12.25   To administer Street Collections under Police, Factories & Miscellaneous Provisions) Act 1916

Group Head Place, Protection and Prosperity  

12.26   To exercise the Council’s powers under clause 21 of the Town Police Clauses Act 1847

Deputy Chief Executive 

12.27   To arrange for the discharge of the Council’s statutory functions relating to burials and cremations

Group Head Place, Protection and Prosperity  or Group Head Neighbourhood Services

12.28   To exercise the Council’s functions in respect of investigations and enforcement under the Clean Neighbourhoods and Environment Act 2005 (CNEA 2005)

Joint Enforcement Team and Group Head Place, Protection and Prosperity

12.29    To exercise the Council’s functions and to serve Notices under the Anti-Social Behaviour, Crime and Policing Act 2014.

Deputy Chief Executive

  1. BYELAWS

 

Column 1 – Function

Column 2 – Authorised Officer

13.1      To grant authority in writing to any named person (not being a council officer or police constable) to enforce the Byelaws made by the Council

Chief Executive

 

  1. PLANNING AND DEVELOPMENT MANAGEMENT

 

14.1    Subject to the Terms of Reference of the Planning Committee, to exercise all functions relating to town and country planning and development management and the following:

 

Planning Development Manager

14.2      Agreement for any variation and to determine any application under section 106A of the Town and Country Planning Act 1990 (the “1990 Act”).

 

Planning Development Manager

14.3      Power to serve an enforcement notice under section 172 of the 1990 Act.

Planning Development Manager

14.4      Power to withdraw or vary any enforcement notice issued under section 173 A of the 1990 Act.

 

Planning Development Manager

14.5      Power to serve a stop notice under s183(1) of the 1990 Act

Planning Development Manager

14.6      Power to withdraw a stop notice under s183(7) of the 1990 Act

Planning Development Manager

14.7      Power to serve a planning contravention notice under s171C of the 1990 Act

Planning Development Manager

14.8      Power to serve a temporary stop notice under s171E of the 1990 Act.

Planning Development Manager

14.9      Power to withdraw a temporary stop notice under s171E of the 1990 Act

Planning Development Manager

14.10   Power to serve a breach of condition notice under s187A of the 1990 Act

Planning Development Manager

14.11   Power to prosecute for demolition in a conservation area under s196D of the 1990 Act

Planning Development Manager

14.12   Power to seek an injunction under s187B of the 1990 Act.

Planning Development Manager

14.13   Power to issue a notice for untidy land under s215 of the 1990 Act.

Planning Development Manager

14.14   Power to issue a requisition for information under section s330 of the 1990 Act to require information as to interests in land.

 

Planning Development Manager

14.15   Power to take direct action under s178 of the 1990 Act

Planning Development Manager

14.16   Enforcement rights of entry without warrant under s196A of the 1990 Act.

Planning Development Manager

14.17   Power to authorise the stopping-up or diversion of a footpath, bridleway or restricted byway under s 257 of the 1990 Act.

 

Planning Development Manager

14.18   Power to extinguish public rights of way over land held for planning purposes under s 258 of the 1990 Act. 

 

Planning Development Manager

14.19   Powers relating to the preservation of trees under s 197 to s214D of the 1990 Act and the Town and Country Planning (Tree Preservation) (England) Regulations 2012.

 

Planning Development Manager

14.20   Power to confirm a Tree Preservation order where no objections have been raised.

 

Planning Development Manager

14.21   Power to issue screening and scoping opinions under the Environmental Impact Assessment Legislation.

 

Planning Development Manager

14.22   Power to issue a decision on the need for an Appropriate Assessment under the Habitats Directive.

 

Planning Development Manager

 

 

14.23   Powers relating to the protection of important hedgerows under the Hedgerows Regulations 1997 (S.I. 1997/1160).

 

Planning Development Manager

14.24   Powers relating to high hedges under Part 8 of the Anti-Social Behaviour Act 2003

 

Planning Development Manager

14.25   To grant relief and exemptions under the Community Infrastructure Levy Regulations 2010 (as amended).

 

Strategic Planning Manager or

Planning Development Manager

14.26   To issue all notices, orders and apply surcharges and/or interest under the Community Infrastructure Levy Regulations 2010 (as amended).

 

Strategic Planning Manager

Planning Development Manager or Group Head of Corporate Governance

14.27   To determine reviews of the calculation of a chargeable amount under the Community Infrastructure Levy Regulations 2010 (as amended).

Strategic Planning Manager or

Planning Development Manager

14.28   To require any owner or relevant person to provide the Council with such further information, documents or materials as considered relevant under regulation 108A of the Community Infrastructure Levy Regulations 2010 (as amended).

 

Strategic Planning Manager or

Planning Development Manager

14.29   Agreement of any amendments to the Local List of Requirements for the validation of planning applications.

Planning Development Manager

14.30   Power to object or make representation against a goods vehicle (operator’s) licensing application in accordance with the Goods Vehicles (Licensing of Operators Act 1995 and the Goods Vehicles (Licensing of Operators) Regulations 1995.

Planning Development Manager