Part 3 - Table 6 - delegations to officers

CONSTITUTION – PART 3 – RESPONSIBILITY FOR FUNCTIONS

C. Director of Communities, Economy and Transport

1. To authorise, pursuant to the powers contained in the Highways Act 1980 (as amended):

(a) the erection and siting of buildings or structures (including but not limited to seats, signs, notice boards and bollards) or the carrying out of works (including but not limited to maintenance):

(i) within, over or under the highway and public rights of way;

(ii) in front of the prescribed building line;

(iii) of a private nature over or under the public highway, subject to securing appropriate bonding arrangements and commuted maintenance payments.

(b) interference with or obstruction to highways;

(d) the grant of permissions and licences including but not limited to skips; trees/shrubs; scaffolding; builders materials and hoardings.

2. After consultation with the Assistant Chief Executive to serve any notices and to exercise the powers of the County Council to authorise direct action or institute legal proceedings relating to:

(a) interference with or obstruction to or nuisance on any highway or land adjoining a highway; and

(b) a failure to comply with any prohibition or requirement of the Highways Act 1980, New Roads and Works Act 1991 (Part 3), the Traffic Management Act 2004, National parks and access to the Countryside Act 1949, Wildlife and Countryside Act 1981, Dangerous Dogs Act 1989 or Builders’ Skips (Markings) Regulations 1984.

3. (a) After consultation with the Assistant Chief Executive, appropriate

District Council and local member (save in the case of temporary traffic restrictions), to make, give consent or object to the making of, apply or confirm any order under the provisions of the Highways Act 1980 (as amended), the Wildlife and Countryside Act 1981, the Road Traffic Regulation Act 1984 (as amended), the Town and Country Planning Act 1990, the Parking Act 1989 and the Rights of Way Act 1990, the Traffic Management Act, New Roads Works and Streets Act 1991, Countryside and Rights of Way Act 2000, Cycle Track Act 1984.

CONSTITUTION – PART 3 – RESPONSIBILITY FOR FUNCTIONS

(b) To make provision for the regulation of traffic, pursuant to the County Council's statutory powers, where formal orders are not required.

(c) To authorise the Assistant Chief Executive to make temporary traffic orders without recourse to the consultation procedure.

4. To approve, from time to time, a schedule of prospectively maintainable highways under the New Roads and Street Works Act 1991.

5. To authorise the entering into of agreements with developers under Sections 38 and 228 of the Highways Act 1980 and to exercise the powers of the County Council with respect to the formal adoption of private streets generally.

6. To authorise the entering into of any agreements under the Highways Act 1980 including (but not limited to) agreements under Sections 6 and 278 of that Act

7. To authorise entry onto any land, including for the purpose of survey and to place or leave on or in that land any apparatus for use in connection with that survey.

8. To exercise the discretionary powers of the County Council under the Land Compensation Act 1973 (as amended) and the Noise Insulation Regulations.

9. After consultation with the Assistant Chief Executive to serve notices of exemption from the Advance Payments Code (Private Street Works) in appropriate cases where this would not prejudice the County Council.

10. To object, when appropriate on highway grounds, to applications to local licensing authorities for licences for goods vehicle operating centres.

11. To undertake the powers and duties of the County Council as Enforcement Authority under the Reservoirs Act 1975, including the service of formal notices and the authorisation of legal proceedings.

12. (a) In consultation with the Assistant Chief Executive, to grant permits under Section 115(E) of the Highways Act 1980 for the carrying out of trading and similar activities on footways and pedestrianised areas, in cases of unopposed applications.

(b) To deal with consultations by district councils exercising their own powers under Section 115(E) of the Highways Act 1980 and to give consent to the exercise of such powers.

(c) To authorise payment terms and associated conditions where permits are issued under Section 115(E) of the Highways Act 1980 for trading and similar activities on footways and pedestrianised

CONSTITUTION – PART 3 – RESPONSIBILITY FOR FUNCTIONS

areas, in cases where the Highways Authority is the owner of the land.

13. After consultation with the Chief Operating Officer, to amend the fee for

the service provided by the County Council in answering highway enquiries on the CON29 Enquiries of Local Authority Form, based upon current costs.

14. To determine the need for on-street parking bays for blue badge holders

close to their residences, in terms of traffic problems.

15. To sign controlled waste transfer notes under the Environmental

Protection Act 1990 and the Environmental Protection (Duty of Care) Regulations 1991 in respect of waste transferring between the County Council and another party.

16. After consultation with the Assistant Chief Executive, to determine claimed

public rights of way pursuant to Section 53(5) of the Wildlife and Countryside Act 1981

Public Transport

17. (i) To arrange such consultations as appear to him to be appropriate

following the notification by an operator of an intention to change a local bus service.

(ii) To take steps to provide for the provision at short notice of temporary gap filling journeys where an operator withdraws from a route.

(iii) To award contracts, within established guidelines and policy, to the lowest tenderer.

(iv) On behalf of the County Council, to enter into a 'de minimis' arrangement with an operator, subject to being satisfied that the particular arrangement is both appropriate and the most cost effective means of securing the provision of a journey.

(v) To approve requests for fares increases on supported services which are broadly in line with the general level of inflation.

Development Control

18. To determine all applications for planning permission which fall to be determined by the County Council where the proposal is considered to be in accordance with the development plan and current planning policies except where two or more objections on planning grounds have been received within the consultation period.

19. (a) To determine applications for planning permission amounting to

minor variations to applications already granted.

CONSTITUTION – PART 3 – RESPONSIBILITY FOR FUNCTIONS

(b) To determine applications for non-material amendments to planning permissions made under the Town and Country Planning Act 1990

20. To determine any matter arising under the provisions of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 and associated legislation and any legislation which amends or replaces it.

21. (a) To determine whether an application for prior approval is required under Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015.

(b) To determine, where there are less than two objections relating to matters that can be considered by the County Planning Authority under Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015, applications for prior approval under the aforementioned legislation.

22. To determine applications for a periodic Review of Old Mineral Permissions made under Paragraph 4 of Schedule 14 of the Environment Act 1995.

23. To determine applications for certificates of appropriate alternative development under Section 232(3) of the Localism Act 2011, in respect of decisions which fall to be made by the County Planning Authority.

24. To determine applications for Certificates of Lawfulness of Existing or Proposed Use or Development under Sections 191 and 192 respectively of the Town and Country Planning Act 1990 (as amended).

25. To determine applications for Listed Building consent for alterations, extension or demolition of a Listed Building under the Planning (Listed Buildings and Conservation Areas) Act 1990, where the proposal is considered to be in accordance with the development plan and current planning policies, except where two or more objections have been received within the consultation period.

26. To assess whether a proposal which is a departure from the Development Plan requires referral to the Secretary of State and, when deemed necessary, make the referral.

27. To respond to consultations by District/Borough Planning Authorities on applications for development in areas which have been notified to them as mineral consultation areas or waste consultation areas.

28. To respond to the appropriate government department on applications made under the Environmental Impact Assessment and Habitats (Extraction of Minerals by Marine Dredging) Regulations 2001 unless the proposal raises issues of strategic importance.

CONSTITUTION – PART 3 – RESPONSIBILITY FOR FUNCTIONS

29. To submit observations on behalf of the County Planning Authority and the Highway Authority in respect of proposals for development by District Councils.

30. To respond to the relevant District Planning Authority on behalf of the Highway Authority in respect of any statutory or other consultations in relation to proposals for development.

31. To submit observations on proposals for development by local authorities and government departments not involving formal consultation.

32. To give observations, if appropriate, on behalf of the County Council on applications to the Secretary of State for deemed planning permission under Section 90(1) of the Town and Country Planning Act 1990 for the erection of poles, pole mounted equipment and overhead electricity lines below 33kv.

33. To give observations, if appropriate, on behalf of the County Council on proposals for minor diversions or temporary routes on power lines up to 400kv where no objection is being raised.

34. After consultation with the Assistant Chief Executive, to decide whether to take and/or to discontinue formal enforcement action or initiate any other legal proceedings in any case where they consider it appropriate to do so; any action taken to be reported to a subsequent meeting of the Planning Committee.

35. In consultation with appropriate Directors to authorise the County Council to participate in planning obligations under Section 106 Town and Country Planning Act 1990.

36. To consider requests for variations to agreements made under S106 of the Town and Country Planning Act 1990, in consultation with relevant Directors, the local Members and the Chair of Planning Committee where this materially affects the obligations of, or to the County Council, and to enter into such variation agreements as appropriate.

37. To exercise the powers delegated to the Council by another Planning Authority to provide the planning service for matters detailed in Paragraphs 18 – 24 and 33 – 35 above for sites and proposals that are in accordance with arrangements agreed with the other Planning Authority.

Development Plans and Consultation

38. To respond to consultations by other Planning Authorities on Draft Local Plans and any other Development Plan.

39. To consider, agree and sign Statements of Common Ground that are prepared in support of Development Plans by both the County Council and

CONSTITUTION – PART 3 – RESPONSIBILITY FOR FUNCTIONS

other planning authorities.

40. To respond to consultations by Town and Parish Councils and other Qualifying Bodies on Neighbourhood Development Plans, Neighbourhood Development Orders and Community Right to Build Orders.

41. To respond on behalf of the Council as County Planning Authority, Highway Authority and/or Lead Local Flood Authority to consultations from government departments and other statutory and non-statutory organisations.

42. To make representations on Development Consent Orders at the Pre-application, Acceptance and Pre-Examination stages, and to further these representations and represent the County Council at the Examination stage.

43. To agree briefs for joint County and District Local Plan studies.

44. To agree to publish the Waste and Minerals Monitoring Reports and Local Aggregate Assessments.

45. To publish amendments to the Council’s Local Development Scheme. Other Matters

46. To make new Tree Preservation Orders and modify existing Orders.

47. To determine applications for consent to fell, top or lop trees included in a Tree Preservation Order (where this is the responsibility of the County Planning Authority).

48. To submit observations when consulted on applications for felling licences.

49. To authorise the planting of trees, subject to funds being available within the agreed budget.

50. To authorise the service of Notices under Section 207 of the Town and Country Planning Act 1990, requiring the replacement of trees.

51. To exercise the County Council’s powers and duties under orders and regulations made under the Plant Health Act 1967 (includes Dutch Elm Disease).

52. After undertaking appropriate consultations, to decline the offer of an access agreement between the County Council and the landowner in respect of woods which clearly have insignificant recreational value.

53. To make arrangements for the transport of pupils and students to school or college where there is a statutory duty or it is the policy of the County Council to provide such transport.

CONSTITUTION – PART 3 – RESPONSIBILITY FOR FUNCTIONS

54. To discharge any function relating to the control of pollution or the

management of air quality.

55. (a) To discharge the powers, duties and responsibilities of the County

Council under the legislation in respect of trading standards and animal welfare, which shall include but not be limited to the legislation listed in 55 below ('the trading standards and animal welfare legislation').

(b) To appoint and designate officers in Trading Standards as authorised officers in respect of the trading standards and animal welfare legislation. The Team Manager –Trading Standards is designated the Chief Inspector of Weights and Measures.

(c) To grant, amend, refuse, suspend and transfer licenses or certificates, and to register persons or premises, pursuant to the trading standards and animal welfare legislation.

(d) To authorise the institution of proceedings brought under the trading standards and animal welfare legislation.

56. The legislation set out below includes also any enabling enactment,

statutory instrument, order in council, byelaw or other order, and any

enactment repealing, amending or extending the provisions thereof.

Accommodation Agencies Act 1953

Administration of Justice Act 1970 – Section 40

Administration of Justice Act 1985

Agricultural Produce (Grading & Marking) Acts 1928

Agriculture Act 1970

Animal Health Act 1981

Animal Welfare Act 2006

Anti-Social Behaviour Act 2003

Cancer Act 1939

Celluloid & Cinematograph Film Act 1922

Children & Young Persons (Protection from Tobacco)

Act 1991

Children & Young Persons Act 1933

Clean Air Act 1993

Companies Acts 1985/2006

Consumer Credit Act 1974

Consumer Protection Act 1987

Courts and Legal Services Act 1990

Criminal Damage Act 1971

Criminal Justice Act 1988

Customs & Excise Management Act 1979

Education Reform Act 1988

Energy Act 1976

Enterprise Act 2002

Environmental Protection Act 1990

Estate Agents Act 1979

Explosives Act 1875

CONSTITUTION – PART 3 – RESPONSIBILITY FOR FUNCTIONS

Fair Trading Act 1973

Farm & Garden Chemicals Act 1967

Fireworks Act 1951

Fireworks Act 2003

Food and Environment Protection Act 1985

Food Safety Act 1990

Forgery & Counterfeiting Act 1981

Fraud Act 2006

Hallmarking Act 1973

Health & Safety at Work etc Act 1974

Housing Act 2004

Intoxicating Substances (Supply) Act 1985

Knives Act 1997

Legal Services Act 2007 (S198)

Licensing Act 2003

Local Government (Miscellaneous Provisions) Act 1976

(S16)

Malicious Communications Act 1988

Medicines Act 1968

Merchant Shipping Act 1995

Motor Cycle Noise Act 1987

Motor Vehicles (Safety Equipment for Children) Act

1991

Olympic Symbol etc (Protection) Act 1995

Performing Animals (Regulation) Act 1925

Poisons Act 1972

Prices Act 1974

Property Misdescriptions Act 1991

Protection of Animals Act 1911

Public Health Act 1961

Road Traffic (Foreign Vehicles) Act 1972

Road Traffic Act 1988 and 1991

Road Traffic Regulation Act 1984

Solicitors Act 1974

Telecommunications Act 1984

Theft Acts 1968 and 1978

Tobacco Advertising and Promotions Act 2002

Trade Descriptions Act 1968

Trade Marks Act 1994

Unsolicited Goods & Services Acts 1971 & 1975

Video Recordings Act 1984

Weights & Measures Act 1985

57. To authorise officers of the East Sussex Fire and Rescue Service or

another Local Authority to act as licensing officer and petroleum inspectors, under sections 18 and 19 of the Health and Safety At Work (etc) Act 1974 and the Petroleum Consolidation Act 1928, on behalf of the County Council.

CONSTITUTION – PART 3 – RESPONSIBILITY FOR FUNCTIONS

58. In liaison with Action in Rural Sussex and the Chief Operating Officer to

agree arrangements for the consideration of applications for assistance to Village Halls and to determine applications, subject to keeping the Lead Cabinet Member, opposition Group Spokespersons and the local member informed.

59. To determine applications for ordinary watercourse consent, under the

Land Drainage Act (1991) as amended

60. After consultation with the Assistant Chief Executive, to decide whether to

take formal enforcement action or initiate legal action under the Land Drainage Act 1991 or the Flood and Water Management Act 2010 in any cases it is deemed appropriate to do so.

61. To respond to the relevant planning authorities on behalf of the County Council as Lead Local Flood Authority in respect of any statutory or other consultation in relation to the drainage and local flood risk aspects of proposals in applications for planning permission (including Notifications for Prior Approvals) and Development Plans.

62. To designate features which affect flood risk and to determine applications

to alter or remove designated features under the Flood and Water Management Act 2010

63. To update the Preliminary Flood Risk Assessment for East Sussex in accordance with the requirements of the Flood Risk Regulations 2009.

64. Under the Safety of Sports Grounds Act 1975 (as amended):

(a) after consultation with the East Sussex Fire Authority, to carry out inspections and issue Safety Certificates subject to any matters of particular relevance being reported to the Regulatory Committee.

(b) to issue, serve and enforce prohibition notices.

65. Under the Fire Safety and Safety of Places of Sport Act 1987:

(a) after consultation with the East Sussex Fire Authority, to undertake the County Council's powers and duties: (i) in respect of inspections, determinations and the issue, amendment and cancellation of certificates under Part III of the Fire Safety and Safety of Places of Sport Act 1987; and (ii) to enforce and institute proceedings under this legislation.

(b) to charge applicants for certificates up to the statutory maximum

66. In relation to libraries:

(a) to fix the opening and closing hours; and

(b) to set the fees and charges made by the Business Information Services.

CONSTITUTION – PART 3 – RESPONSIBILITY FOR FUNCTIONS

67. To take the lead role in Arts related work, including determining applications for grant aid for support for the Arts where the sum applied for is £2,000 or less.

68. To amend the Commons Register following an application under Section 15(8) of the Commons Act 2006.

69. To undertake and be responsible for the day to day management and operation of the Lewes Public Library and Museum Charitable Trust.

70. To set charges for transport conditional permits within guidelines set by the Cabinet.

71. To publish a consultation draft of a Local Nature Recovery Strategy and undertake all tasks under Regulations 4 to 12 inclusive, of The Environment (Local Nature Recovery Strategies) (Procedure) Regulations 2023, in preparing and publishing a draft LNRS. To make representations on Local Nature Recovery Strategies prepared by neighbouring authorities.

Registration Matters

72. (a) To exercise the powers of the County Council under the Marriage Act 1994 and the Marriage (Approved Premises) Regulations 1994, save where a review has been sought which falls to be determined by the Approved Marriage Premises Review Panel.

(b) To convene a Panel of three Members, drawn from the membership of the Regulatory Committee, to review decisions made by the Proper Officer for Registration under the Marriage (Approved Premises) Regulations 1995.

Economy

73. To act as the Accountable Body representative on all matters in respect of which the Council has agreed to act or has been appointed as Accountable Body in respect of Local Enterprise Partnership functions.

74 Where the Council is acting as the Local Enterprise Partnership Accountable Body:

(a) To agree the issuing of any new funding calls;

(b) In consultation with the s.151 officer, to assess bids in response to a funding call and to agree the prioritisation / allocation of loans or grants to bidding organisations;

(c) To collect monitoring and evaluation information from the recipients of loans or grants, in accordance with the terms of the relevant funding agreement;

(d) Subject to government approval where required, to agree the following variations to the terms and conditions of funding agreements:

(i) the completion date of the project;

(ii) in consultation with the s.151 officer, amendments to the length and/or conditions of a funding agreement.

(e) To approve the submission to Government of Project Change Requests relating to grants and/or loans.