4. Delegation to the Corporate Director - Constitution - Chapter 1, The Articles

4.1. Determination of Planning Applications

4.1.1. The Corporate Director may determine any Application submitted to the authority unless:

4.1.1.1. The Application is in the opinion of the Development Manager, in consultation with the Chairman and Vice Chairman of the Planning Committee, of significant public interest; would have a significant impact on the environment; or should otherwise be referred to Members due to its significance in some other respect; or

4.1.1.2. A Member requests in writing with valid planning reasons, within 7 days of the public consultation period ending, that an application should be subject of consideration by the Planning Committee; or

4.1.1.3. A Parish Council requests in writing with valid planning reasons, within 7 days of the public consultation period ending, that an application should be subject of consideration by the Planning Committee; or

4.1.1.4. The applicant or landowner is Braintree District Council; or

4.1.1.5. The applicant, or agent, is a Councillor or a Council employee, or the applicant, or agent, is a close relative of a Councillor or Council employee.

4.1.2. In this section, ‘Application’ means any application for: planning consent (outline/full/reserved matters) including temporary consents, renewal of unimplemented consents and variation/removal of conditions; listed building consent; conservation area consent; advertisement consent, or hazardous substances consent.

4.1.3. The Corporate Director shall have the delegated authority to consider the management and decisions in relation to:

4.1.3.1. The administration and processing of Applications and the validity of any Application.

4.1.3.2. requests for certificated of lawful use or proposed lawful use;

4.1.3.3. Authority to enter into suitable legal agreements under S106 of the Town and Country Planning Act, or agree payments in lieu where appropriate,

4.1.3.4. Authority to sign decision notices on all applications

4.1.3.5.  Authority to issue refusal notice or deemed refusal on an application that has been the subject of resolution to grant subject to a legal agreement, and where that agreement has not been completed within 6 months of the said resolution.

4.1.3.6.  Decisions as to whether changes to an approved plan can be accepted as a minor amendment without a further application.

4.1.3.7.  Approval or refusal of submissions to comply with conditions of any permission or consent.

4.1.3.8.  The serving of Building Preservation Notices

4.1.3.9.  The authority to comment upon and represent the Council on applications for Goods Vehicle Operator Licences

4.2. Appeals

4.2.1.  The relevant Director, or their nominee shall represent the Council for all planning and enforcement appeals, except where the Council has refused an application contrary to their recommendation. In such cases the Director, or their nominee, shall act in an advisory capacity to a nominated Member(s) this may at their discretion include the obtaining of additional support by way of professional advice.

4.2.2.  Authority to instruct and appoint Counsel, solicitors, and consultants as necessary and subject to the Contracts Procedure Rules.

4.3. Enforcement

4.3.1.  Authority to issue Enforcement Notices, Breach of Condition Notices, Listed Building Enforcement Notices, Conservation Area Notices, Stop Notices, Requisitions for Information, Planning Contravention Notices under the Town & Country Planning Act 1990 as amended and Planning (Listed Buildings and Conservation Areas) Act 1990 as amended for all breaches of planning legislation in accordance with the Council’s adopted Enforcement Policy.

4.3.2.  Authority to prosecute the unauthorised display of advertisements, unauthorised works to a listed building, breach of tree preservation or Hedgerow Regulations, non-compliance where enforcement action has previously been authorised.

4.3.3.  Authority to take the appropriate enforcement action, including serving an injunction, where the Corporate Director, or their nominee, considers the circumstances to be urgent.

4.3.4.  Authority to vary steps required to comply with enforcement notices already authorised, including altering period required for compliance, service of further notices and withdrawal of notices.