CITY OF WESTMINSTER SCHEDULE OF DELEGATIONS TO OFFICERS DELEGATED AUTHORITY TO DIRECTOR OF PLANNING AND CITY DEVELOPMENT Previous Issue: This Issue: May 2005 Jan 2006 Previous Issue: This Issue: May 2005 Jan 2006 1 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Last Delegated by: Executive/ Non-Executive Notes PLANNING ACTS 1. To determine all applications for planning permission, advertisement consent, Conservation Area Consent, Listed Building Consent, application for the Council's own development and Hazardous Substances consent except where: (a) In the opinion of the Director the application is of a major controversial or sensitive nature or where in his/her opinion the decision would be contrary to approved planning policies. (b) It is proposed to grant permission, consent or approval and in the opinion of the Director, this would set a significant precedent or have a significant impact on the environment. (c) It is proposed to grant permission, consent or approval for an application which is the subject of objection on planning (or hazardous substances) grounds. Referral to the Planning Applications Sub Committee or Planning and City Development Committee will not be required where in the opinion of the Director: (1) Planning and City Development Committee 26 Feb 2004 Non Executive The objection(s) are not specifically related to the application; OR (2) The objection(s) can be met by the imposition of conditions; OR (3) (d) The proposal complies with adopted policies or standards. In the opinion of the Director it would be inappropriate to do so having regard to representations received from one or more Members of the Council or to the nature and extent or representations made in response to public consultation. Previous Issue: This Issue: May 2005 Jan 2006 2 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Last Delegated by: (e) The application is for the Council's Own Development and the Director is minded to refuse permission or consent, in which case the application shall be referred to the Planning Applications Sub-Committee for determination. (f) The application has been submitted by or on behalf of a Councillor of the Authority (or their spouse/partner) or by any member of the Council's staff (or their spouse/partner). (g) A Member of the Council has requested that the application be determined by the Planning and City Development Committee or the Planning Applications SubCommittee Executive/ Non-Executive 2. To determine applications under the Planning Acts which, before the expiry of the period allowed for the submission of observations by public advertisement or notice, have been considered by the Planning and City Development Committee or the Planning Sub-Committee, or where either Committee has deferred a decision but has authorised the Director of Planning and City Development to make the final decision. Planning and City Development Committee 26 Feb 2004 Non Executive 3. To determine applications to discharge conditions imposed on a grant of planning permission, listed building consent, Conservation Area Consent or on permission for the Council's own development except in the latter case where the conditions relate to a listed building or conservation area consent. Planning and City Development Committee 26 Feb 2004 Non Executive Planning and City Development Committee 26 Feb 2004 Non Executive These will be dealt with by the Planning Applications Sub-Committee unless the Director is of the opinion that no significant issues are raised. 4. To deal with applications where it is found that permission is not required in that they do not constitute development or relate to development. Previous Issue: This Issue: May 2005 Jan 2006 Notes. 3 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject 5. To issue a “screening opinion” (to determine whether a project requires an Environmental Impact assessment) and/or a “scoping opinion” (on the impacts and issues that the EIA should address) as required by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 except where: Last Delegated by: Executive/ Non-Executive Cabinet Urgency Committee 11 Feb 2004 Executive Notes a) in the opinion of the Director the proposed project is of a major controversial or sensitive nature b) in the opinion of the Director it would be inappropriate to do so having regard to representations received from one or more Members of the Council or to the nature and extent of representations made in response to public consultation. 6. To deal with applications under Tree Preservation Orders for the thinning and lopping of trees and for the removal of trees and the grant or refusal of consent for such work on other trees in conservation areas. Planning and City Development Committee 26 Feb 2004 Non Executive 7. To determine applications for certificates of Lawful use or development made under Sections 191 and 192 of the Town and Country Planning Act 1990 as substituted by Section 10 of the Planning and Compensation Act 1991 after consultation where necessary with the Director of Legal and Administrative Services. Planning and City Development Committee 26 Feb 2004 Non Executive 8. To take action under Section 23 of the Local Government (Miscellaneous Provisions) Act 1976 to deal with dangerous trees. Planning and City Development Committee 26 Feb 2004 Non Executive 9. To authorise the making of Tree Preservation Orders under Sections 198-201 of the Town and Country Planning Act 1990 and to authorise the confirmation of Tree Preservation Orders where there has been no objection to them. Planning and City Development Committee 26 Feb 2004 Non Executive Previous Issue: This Issue: May 2005 Jan 2006 4 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Last Delegated by: 10. To authorise agreements and Undertakings under Section 106 of the Town and Country Planning Act 1990, Section 16 of the GLC (General Powers) Act 1974, Section 278 of the Highways Act 1980 and Section 33 of the Local Government Act 1972, the release of such obligations and the modification or discharge of planning obligations, but only where in the opinion of the Director no major, controversial or sensitive issues are raised. Planning and City Development Committee 26 Feb 2004 Non Executive 11. To authorise unopposed orders revoking or modifying planning permissions, Listed Building consents, Advertisement consents and consents for Works to Preserved Trees (Sections 97 and 198(4) of the Town and Country Planning Act 1990, Sections 23 and 74(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990) and where claims for compensation are not anticipated. Planning and City Development Committee 26 Feb 2004 Non Executive 12. To determine whether planning permission is required, after consultation where necessary with the Director of Legal Administrative Services. Planning and City Development Committee 26 Feb 2004 Non Executive 13. To make representations in respect of developments notified (including applications under the Planning (Hazardous Substances) Act 1990) to the Council by another London Borough, Government Department or Statutory Undertaker. Planning and City Development Committee 26 Feb 2004 Non Executive 14. To issue directions requiring further information, plans, drawings or evidence pursuant to Regulations made under the Town and Country Planning Act. Planning and City Development Committee 26 Feb 2004 Non Executive 15. To determine applications under the Metropolitan District Railway Act 1919, the London and North Eastern Railway (General Powers) Act 1930 and any other similar private Acts of Parliament, where building works have already been granted planning permission or where no development is involved. Cabinet Urgency Committee 11 Feb 2004 Executive Previous Issue: This Issue: May 2005 Jan 2006 Executive/ Non-Executive Notes. 5 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Last Delegated by: Executive/ Non-Executive 16. To deal with 'in principle' decisions on cases where after acquisition the City Council will carry out residential conversion schemes provided that such decisions will be followed by the formal submission and approval of detailed schemes under the appropriate regulations. Cabinet Urgency Committee 11 Feb 2004 Executive 17. To agree the revised wording to a condition or the wording of an additional condition or the wording of reasons for refusal as requested by the Planning Sub-Committee or the Planning and City Development Committee. Planning and City Development Committee 26 Feb 2004 Non Executive 18. To submit a request to the Secretary of State for the listing of a property and to comment on behalf of the City Council on applications for certificates of immunity from listing, except where the City Council owns an interest in the property. Cabinet Urgency Committee11 Feb 2004 Executive 19. To determine whether or not applications received under the Planning Acts are valid, whether or not development for which a planning application is received would constitute a departure from any relevant Development Plan and to undertake any procedures required before a decision can be made on any applications. Planning and City Development Committee 26 Feb 2004 Non Executive 20. To exercise the functions of the City Council as Local Planning Authority under the Pastoral Measure 1983 and to authorise responses to consultations to faculty procedures and pastoral measures relating to alterations to ecclesiastical buildings or schemes for redundancy. Cabinet Urgency Committee 11 Feb 2004 Executive 21. To authorise such action as the Director deems necessary to protect the Council's position or avoid an adverse award of costs, in connection with appeals to the Secretary of State under the Planning Acts. Cabinet Urgency Committee 11 Feb 2004 Executive 22. To authorise the release under Section 106A of the Town and Country Planning Act 1990 of agreements or undertakings where the planning obligations concerned have been implemented and such agreements or undertakings contain no ongoing obligations. Planning and City Development Committee 26 Feb 2004 Non Executive Notes Previous Issue: This Issue: May 2005 Jan 2006 6 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Last Delegated by: 23. To exercise the function under Section 70A of the Town and Country Planning Act 1980 of declining to determine applications for planning permission for development where similar applications have been the subject of decisions by the Secretary of State within the previous two years. Planning and City Development Committee 26 Feb 2004 Non Executive 24. To authorise or give notice that planning permission is being sought on behalf of the Council. Planning and City Development Committee 26 Feb 2004 Non Executive 25. To agree the details of highway works that are linked by legal agreement to a development scheme where in the opinion of the Director no significant issues are raised. Planning and City Development Committee 26 Feb 2004 Non Executive 26. To agree minor variations and alterations to the text of development briefs, design and planning guidelines that have been approved by the Planning Applications Sub-Committee or Planning and City Development Committee. Cabinet Urgency Committee 11 Feb 2004 Executive 27. To authorise or refuse grants under Sections 57 and 77 to 80 of the Planning (Listed Buildings and Conservation Areas) Act 1990, including Conservation Area Partnership Grants (or any replacement of such grants) made by English Heritage, together with publicising and operating these grants. Cabinet Urgency Committee 11 Feb 2004 Executive 28. To authorise the service of notices by the Director of Legal Services under Section 330 of the Town and Country Planning Act 1990 and Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 (seeking information as to ownership, use and similar matters) in those cases where the Director considers that enforcement action under the Planning Acts could be recommended. General Purposes Committee 11 Feb 2004 NonExecutive 29. To decide that no further action be taken at the time where, following investigation and on the evidence then available, it appears that no planning contravention has taken place or enforcement action is not expedient. Planning and City Development Committee 26 Feb 2004 Non Executive Previous Issue: This Issue: May 2005 Jan 2006 Executive/ Non-Executive Notes. 7 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Last Delegated by: Executive/ Non-Executive 30. To authorise Planning Contravention Notices under Section 171C of the Town and Country Planning Act 1990. Planning and City Development Committee 26 Feb 2004 Non Executive 31. To consider offers or representations made under Section 171C(4) in response to Planning Contravention Notices. Planning and City Development Committee 26 Feb 2004 Non Executive 32. To rescind authority to issue an Enforcement Notice or serve a breach of Condition Notice where the breach of planning control has been remedied, or where it has been remedied in part and in the opinion of the Director it would be inexpedient to enforce further requirements. Planning and City Development Committee 26 Feb 2004 Non Executive 33. Pursuant to Section 173A or 187A of the Town and Country Planning Act 1990 to give authority for Enforcement Notices or Breach of Condition Notices to be withdrawn or for any requirement of an Enforcement Notice to be waived or relaxed where the breach of planning control has been remedied or where in the opinion of the Director it would be expedient to waive or relax the requirements of the Enforcement Notice. Planning and City Development Committee 26 Feb 2004 Non Executive 34. To rescind authority to issue a Listed Building/Conservation Area Enforcement Notice when the contravention of Section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 has been remedied or has been remedied in part or in the opinion of the Director it would be expedient to enforce further requirements. Planning and City Development Committee 26 Feb 2004 Non Executive 35. Pursuant to Section 38(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to authorise the withdrawal of a Listed Building/Conservation Area Enforcement Notice, or for any requirement of such a Notice to be waived or relaxed where the contravention of Section 9 of the Act has been remedied or where, in the opinion of the Director it would be expedient to waive or relax any requirements. Planning and City Development Committee 26 Feb 2004 Non Executive Notes Previous Issue: This Issue: May 2005 Jan 2006 8 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Last Delegated by: 36. Planning and City Development Committee 26 Feb 2004 Non Executive To give authority in writing for persons to enter land under Section 196A of the Town and Country Planning Act 1990 and to authorise applications to justices for warrants under Section 196B for such purposes or to give authority for persons to enter land under Section 88 of the Planning (Listed Building and Conservation Areas) Act 1990. Executive/ Non-Executive TO DEAL WITH THE FOLLOWING FUNCTIONS EXCEPT WHERE, IN THE OPINION OF THE DIRECTOR, ISSUES OF A MAJOR, CONTROVERSIAL OR SENSITIVE NATURE ARE RAISED: 37. To authorise Building Preservation Notices under Sections 3 and 4 of the Planning (Listed Buildings and Conservation Areas) Act 1990. Planning and City Development Committee 26 Feb 2004 Non Executive 38. To authorise notices in respect of urgent works for the preservation of unoccupied listed buildings and, subject to an appropriate direction from the Secretary of State, unlisted buildings in conservation areas under Sections 54 and 76 of the Planning (Listed Buildings and Conservation Areas) Act 1990. Planning and City Development Committee 26 Feb 2004 Non Executive 39. To authorise Hazardous Substances Contravention Notices under Section 24 of the Planning (Hazardous Substances) Act 1990 after consultation where necessary with the Director of Legal Services. Planning and City Development Committee 26 Feb 2004 Non Executive 40. To authorise notices under Section 215 of the Town and Country Planning Act 1990 requiring steps to be taken to remedy the condition of land or buildings that has an adverse effect on amenity. Planning and City Development Committee 26 Feb 2004 Non Executive 41. To authorise the service of notices under the London Local Authorities Act 1995 to secure the removal of unauthorised advertisement hoardings, and entry to the land, removal and disposal of the advert hoardings and recovery of expenses if required. Planning and City Development Committee 26 Feb 2004 Non Executive 42. To authorise and secure the removal or obliteration of any placard or poster in accordance with the Town and Country Planning Act 1990 or London Local Authorities Act 1995. Planning and City Development Committee 26 Feb 2004 Non Executive Previous Issue: This Issue: May 2005 Jan 2006 Notes. 9 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Last Delegated by: Executive/ Non-Executive 43. To authorise directions under Article 4 of the Town and Country Planning (General Permitted Development Order) 1995. Cabinet Urgency Committee 11 Feb 2004 Executive 44. To authorise Enforcement Notices under Section 172 of the Town and Country Planning Act 1990. Planning and City Development Committee 26 Feb 2004 Non Executive 45. To authorise Stop Notices under Section 183 of the Town and Country Planning Act 1990. Planning and City Development Committee 26 Feb 2004 Non Executive 46. To authorise Listed Building/Conservation Area Enforcement Notices under Section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990. Planning and City Development Committee 26 Feb 2004 Non Executive 47. To authorise Breach of Condition Notices under Section 187A of the Town and Country Planning Act 1990. Planning and City Development Committee 26 Feb 2004 Non Executive 48. To authorise applications for the High Court or the County Court for injunctions under Section 187B of the Town and Country Planning Act 1990. Planning and City Development Committee 26 Feb 2004 Non Executive 49. To authorise applications to the High Court or County Court for injunctions to prevent or stop contraventions of the Planning Acts or orders/notices served under the Acts where in the opinion of the Director the threatened contravention is such that other statutory procedures are inadequate to prevent irreparable harm to buildings or the environment or the continuation of a serious detriment to the amenity of the locality. Planning and City Development Committee 26 Feb 2004 Non Executive 50. To authorise the carrying out of works and the recovery of costs in default of compliance with enforcement Notices, Listed Building Enforcement Notices, and Notices requiring abatement of injury to amenity (Sections 178 and 219 of the Town and Country Planning Act 1990 and Section 42 of the Planning (Listed Buildings and Conservation Areas) Act 1990). Planning and City Development Committee 26 Feb 2004 Non Executive Notes Previous Issue: This Issue: May 2005 Jan 2006 10 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Last Delegated by: 51. To authorise Notices in relation to unauthorised works to trees (Section 207 of the Town and Country Planning Act 1990). Planning and City Development Committee 26 Feb 2004 Non Executive 52. To authorise Discontinuance Notices relating to advertisements. Planning and City Development Committee 26 Feb 2004 Non Executive 53. To exercise powers under Section 11 (Part III) of the General London Council (General Powers) Act 1969 including powers related to the provision and declaration of walkways. General Purpose Committee 11 Feb 2004 Non- To implement Part 8 of the Anti-Social Behaviour Act 2003, including the power to authorise officers to enter land in pursuance of sections 74 and 77 of the Anti-Social Behaviour Act 2003 Planning and City Development Committee 28 October 2004 Planning and City Development Committee 28 October 2004 Non- Cabinet Member for Customer Services 18 April 2005 Executive 54. 55. To refer complaints in relation to Part 8 of the Act to Planning and City Development Committee or Planning Applications Sub Committee at the discretion of the Director of Planning and City Development in consultation with the Director of Environment and Leisure (Arboricultural Officers). Town and Country Planning Act 1990 Sections 171E to 171H 56. To authorise the issue of a Temporary Stop Notice where it is considered expedient that an activity (or any part of an activity) in breach of planning control is stopped immediately subject to prior consultation with either the Cabinet Member for Customer Services or the Chairman of Planning and City Development Committee or a Chairman of Planning Applications SubCommittee, and to withdraw such notices where he considers appropriate. GENERAL Previous Issue: This Issue: May 2005 Jan 2006 Executive/ Non-Executive Executive Executive NonExecutive Notes. 11 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Last Delegated by: 57. To authorise notices under the Highways Act 1980, the Housing Acts, the Public Health Act 1936 and the Planning Acts requiring the provision of information as to the ownership of premises where the Council has authorised action under the appropriate Acts. Cabinet Urgency Committee 11 Feb 2004 Executive 58. To request information as to persons having an interest in land pursuant to Section 16 of the Local Government (Miscellaneous Provisions) Act 1976. Cabinet Urgency Committee 11 Feb 2004 Executive 59. To appoint and brief consultants in connection with the carrying out of works on behalf of the Cabinet Member or Cabinet. Cabinet Urgency Committee 11 Feb 2004 Executive 60. London Local Authorities Act 1995 Sections 10-13 Planning and City Development Committee 27 October 2 005 Non-Executive Cabinet 10 October 2 005 Executive Cabinet 10 October 2 005 Executive Cabinet 10 October 2 005 Executive To serve notices on persons who display or cause to be displayed signs, placards or posters in contravention of regulations, or who erect or maintain unauthorised hoardings or other structures for the display of advertisements. To remove or obliterate signs, placards and posters and hoardings and other structures when after the expiry of the period specified in the notice they remain and to recover expenses incurred. 61. London Local Authorities Act 2004 Section 10 Recovery of expenses in relation to dangerous structures 62. London Local Authorities Act 2004 Sections 12-14 Defacement of buildings 63. Executive/ Non-Executive Notes London Local Authorities Act 2004 Sections 15-18 Service of fixed penalty notice in respect of offences against the following:-: Environmental Protection Act 1990 Section 80(4) Previous Issue: This Issue: May 2005 Jan 2006 12 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Town and Country Planning Act 1990 Section 224(3) Last Delegated by: Executive/ Non-Executive Planning and City Development Committee 27 October 2 005 Non-Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive BUILDING CONTROL PUBLIC HEALTH ACT 1890 1. SECTION 37 To operate and enforce that section relating to control and safety of temporary grandstands and to discharge the functions of 'The Surveyor or the Urban Authority'. LONDON BUILDING ACT 1930 To exercise the following powers: 2. SECTIONS 143 AND 144 Regulations for building near dangerous or noxious businesses. 3. SECTION 146 Dwelling houses on low lying land. LONDON BUILDING ACTS (AMENDMENT) 1939 To exercise the following powers: 4. SECTION 5 To determine whether to give a notice of objection to an intended name for streets etc. 5. SECTION 6 AND 11 To exercise the various functions relating to the naming of streets etc. and the numbering or naming of buildings, including the making of orders, the assignment of names and the marking or removal of numbers and/or names by the Council and the giving of notices. 6. SECTION 8 To exercise the various miscellaneous functions, including the giving of notices relating to the setting up of names of streets etc. Previous Issue: This Issue: May 2005 Jan 2006 Notes. 13 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject 7. Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive SECTION 37 Means of access to roofs. 17. Executive SECTION 36 To exercise powers as to fire resistance of roofs of projecting shops. 16. Cabinet Urgency 11 Feb 2004 SECTION 35 Protection against fire in certain old buildings. 15. Executive SECTION 34 Protection against fire in certain new buildings. 14. Cabinet Urgency 11 Feb 2004 SECTION 31 To initiate proceedings for orders relating to erection/retention of buildings without consent and non-compliance with conditions. 13. Executive SECTION 30 Consent to erection and retention of special and temporary structures. 12. Cabinet Urgency 11 Feb 2004 SECTION 21 Consent to uniting of buildings. 11. Executive SECTION 20 To impose conditions in respect of buildings of excess height or cubical extent. 10. Cabinet Urgency 11 Feb 2004 Notes SECTION 14 To keep a record of names of streets etc. and the numbers and/or names of buildings and to determine reasonable fees for the inspection and provision of copies of such records. 9. Executive/ Non-Executive SECTION 9 To vary street and building numbering and naming and to modify the regulations agreed by Committee under this section. 8. Last Delegated by: SECTION 38 Previous Issue: This Issue: May 2005 Jan 2006 14 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Storage of inflammable liquids. 18. Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive SECTION 69 Initiate proceedings in respect of neglected structure. 27. Cabinet Urgency 11 Feb 2004 SECTION 67 Initiate proceedings for removal of occupants of dangerous structures. 26. Executive SECTION 65 Initiate proceedings notwithstanding arbitration. 25. Cabinet Urgency 11 Feb 2004 SECTION 64 Authorisation of works in default. 24. Executive SECTION 63 Appointment of arbitrator and authorisation of payment costs. 23. Cabinet Urgency 11 Feb 2004 SECTION 62 Certification of dangerous structures and authorisation of shoring etc. 22. Executive SECTION 61 To survey dangerous structures and take steps to remove immediate danger. 21. Cabinet Urgency 11 Feb 2004 SECTION 40 To initiate proceedings against offender not being owner. 20. Executive/ Non-Executive SECTION 39 To consent to alterations where means of escape approved under London Building Acts (Amendment) Act 1905, London Building Act 1930 and London Building Acts (Amendment) Act 1939. 19. Last Delegated by: SECTION 70 Initiate proceedings in respect of non payment of expenses incurred by Council. Previous Issue: This Issue: May 2005 Jan 2006 Notes. 15 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject 28. Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive SECTIONS 109 TO 120 Authorisation of Tribunal of Appeals to hear appeals under London Buildings Acts. 38. Executive SECTION 106 Removal and disposal of materials. 37. Cabinet Urgency 11 Feb 2004 SECTION 104 Initiate proceedings to demolish and alter buildings. 36. Executive SECTION 96 Initiate proceedings for recovery of fees. 35. Cabinet Urgency 11 Feb 2004 SECTION 95 Abate fees due under London Building Acts after consultation with the Director of Finance. 34. Executive SECTION 90 Initiate proceedings for non-compliance with Notice of Irregularity. 33. Cabinet Urgency 11 Feb 2004 SECTION 89 Notices of irregularity after completion. 32. Executive SECTION 88 Notices of irregularity. 31. Cabinet Urgency 11 Feb 2004 Notes SECTION 87 Notices of objection. 30. Executive/ Non-Executive SECTION 82 Duties of District Surveyor. 29. Last Delegated by: SECTION 122 To sign documents. Previous Issue: This Issue: May 2005 Jan 2006 16 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject 39. Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive SECTION 144 Power to annex conditions to consents. 46. Cabinet Urgency 11 Feb 2004 SECTION 139 Consent to conversion without compliance with statutory requirements. 45. Executive SECTION 138 Consent to rebuilding of party/external walls demolished by more than 50%. 44. Cabinet Urgency 11 Feb 2004 SECTION 134 Consent to alter buildings without compliance with statutory requirements. 43. Executive SECTION 133 Maintenance of means of escape etc. 42. Cabinet Urgency 11 Feb 2004 SECTION 132 Consent to restoration of historic buildings without complying with London Building Acts and by-laws. 41. Executive/ Non-Executive SECTION 126 Information as to ownership. 40. Last Delegated by: SECTION 153 Receipt of notice of Cessation of Exemption. Note: All references to London Building Acts also refer to amendments made by the Building (Inner London) Regulations 1985, the Local Government Reorganisation Miscellaneous Provision [No. 4] Order 1986) and the Building (Inner London) Regulations 1987. Previous Issue: This Issue: May 2005 Jan 2006 Notes. 17 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Last Delegated by: Executive/ Non-Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Notes BUILDING ACT 1984 To exercise the following powers: 47. SECTIONS 8,9 AND 10 Relaxation of building regulations. 48. SECTION 15 Consultation with fire authority. 49. SECTION 16 Passing or rejection of plans. 50. SECTION 19 Use of short-lived materials. 51. SECTION 21 Provision of drainage. 52. SECTION 22 Drainage of buildings in combination. 53. SECTION 32 Lapse of deposit of plans. 54. SECTION 35 Initiating proceeding for contravention of regulations. 55. SECTION 36 Service of notice requiring removal or alteration of offending work and authorisation of work to comply. 56. SECTION 37 Acceptance/refusal of an independent report and authorisation of expenses. 57. SECTION 39 Previous Issue: This Issue: May 2005 Jan 2006 18 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Submission to Secretary of State of grounds for refusing relaxation. 58. Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive SECTION 91(2) Duty to enforce regulations including inspection policy. 68. Executive SECTION 84 Drainage of yards and passages. 67. Cabinet Urgency 11 Feb 2004 SECTION 62 Require disused drains to be sealed where work supervised under Building Regulations. 66. Executive SECTION 57 Initiate proceedings against certifier for supplying misleading information. 65. Cabinet Urgency 11 Feb 2004 SECTION 56 Maintenance of register of initial notices. 64. Executive SECTION 54 Acceptance/rejection of public body's notice. 63. Cabinet Urgency 11 Feb 2004 SECTIONS 52 AND 53 Cancellation of initial notice. 62. Executive SECTION 51 Acceptance of final certificate. 61 Cabinet Urgency 11 Feb 2004 SECTION 50 Acceptance/rejection of plans certificate. 60. Executive/ Non-Executive SECTION 47 AND 48 Acceptance/rejection of initial notice. 59. Last Delegated by: SECTION 93 Previous Issue: This Issue: May 2005 Jan 2006 Notes. 19 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Power to authorise the signing of documents. 69. Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive SECTION 106 Agree appointment of arbitrator in case of claim for compensation. 74. Cabinet Urgency 11 Feb 2004 SECTION 104 Modify decision after appeals. 73. Executive SECTION 100 Sale of materials. 72. Cabinet Urgency 11 Feb 2004 Notes SECTION 99 Enforcement of Notice requiring works. 71. Executive/ Non-Executive SECTIONS 95(3), (4) & SECTION 96 Applications for warrant to effect entry after consultation with the Chairman or Vice-Chairman of the Planning and Licensing Committee. 70. Last Delegated by: SECTION 112 Initiate proceedings for obstruction. BUILDING REGULATIONS 1991, 1992, 1994, 1995, 1997, 2000,2002 To exercise the following powers: 75. REGULATIONS 12, 13, 14, 15 AND 16 Receipt of building notices full plans and other notifications. 76. REGULATION 15 Service of open up notices where notification not given. 77. REGULATION 17 To give Completion Certificates. 78. REGULATION 18 Previous Issue: This Issue: May 2005 Jan 2006 20 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Authorisation of tests of drains and sewers. 79. Executive/ Non-Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive Cabinet Urgency 11 Feb 2004 Executive General Purposes 11 Feb 2004 Non-Executive General Purposes 11 Feb 2004 Non-Executive General Purposes 11 Feb 2004 Non-Executive REGULATION 19 Authorisation of sampling. 80. Last Delegated by: REGULATION 21 To give regularisation certificates. CITY OF WESTMINSTER BUILDING REGULATIONS CHARGES SCHEME: 81. To determine whether estimated costs are reasonable and make alterations to scheme. RIGHT OF ENTRY 82. To authorise the exercise of powers of entry under Section 142 of the London Building Acts (Amendment) Act 1939, Section 94 of Building Act 1984 and Section 11 of the Safety of Sports Grounds Act 1975 for the purposes of, and subject to the notice set out in those sections. THE PARTY WALL ETC. ACT 1996 83. To act as "appointing officer" under Section 19(8) of the above Act. LONDON LOCAL AUTHORITIES ACT 1991 (SECTION 22) 84. To authorise the removal of distribution containers on the highway. GREATER LONDON COUNCIL (GENERAL POWERS ACT 1986) 85. SECTION 5 To grant consent for demolition works under street level. 86. SECTION 6 To grant consent for construction which causes obstruction to access to vaults and cellars. Previous Issue: This Issue: May 2005 Jan 2006 Notes. 21 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Last Delegated by: Executive/ Non-Executive General Purposes 11 Feb 2004 Non-Executive General Purposes 11 Feb 2004 Non-Executive General Purposes 11 Feb 2004 Non-Executive General Purposes 11 Feb 2004 Non-Executive Planning and City Development Committee 27 October 2 005 Non-Executive London Local Authorities Act 2004 Section 10 Cabinet Executive Recovery of expenses in relation to dangerous structures 10 October 2 005 Sections 12-14 Cabinet 10 October 2 005 Executive Cabinet 10 October 2 005 Executive 87. SECTION 7 To grant consent for in-filing of vaults and cellars. 88. Notes SECTION 8 To exercise powers relating to certain retaining walls. GREATER LONDON COUNCIL (GENERAL POWERS) ACT 1984 89. To make charges in respect of approval of plans etc. relating to claims. 90. SECTION 38 To authorise the removal of occupants of buildings in vicinity of dangerous structures etc. London Local Authorities Act 1995 Sections 10-13 To serve notices on persons who display or cause to be displayed signs, placards or posters in contravention of regulations, or who erect or maintain unauthorised hoardings or other structures for the display of advertisements. To remove or obliterate signs, placards and posters and hoardings and other structures when after the expiry of the period specified in the notice they remain and to recover expenses incurred. Defacement of buildings Sections 15-18 Service of fixed penalty notice in respect of offences against the following:-: Environmental Protection Act 1990 Section 80(4) Previous Issue: This Issue: May 2005 Jan 2006 22 CITY OF WESTMINSTER DELEGATED AUTHORITY TO DIRECTOR OF PLANNING & CITY DEVELOPMENT Subject Last Delegated by: Executive/ Non-Executive Town and Country Planning Act 1990 Section 224(3) Planning and City Development Committee 27 October 2 005 Non-Executive Previous Issue: This Issue: May 2005 Jan 2006 Notes.