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Constitution - Part 2G - Development Control and Regulation Committee

 

 

1.1 The Development Control and Regulation Committee deals with applications for planning permission for waste disposal and mineral extraction, developments proposed by the County Council, public rights of way and commons registration matters.

2.1 The functions of the Development Control and Regulation Committee are to determine or exercise the following powers:

(a) Town and Country Planning and Development Control (functions specified in Part A to Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000) ("the Functions Regulations"), including the power to make appropriate assessments under the Conservation (Natural Habitats and Conservation) Regulations 1994; such planning functions include responding to strategic consultations from district councils under paragraph 7 of Schedule 1 to the Town and Country Planning Act 1990 and to consultations on windfarm proposals under the Electricity Act 1989 and for off-shore developments.

(b) Powers to approve local impact reports under section 60(3) of the Planning Act 2008 in relation to nationally significant infrastructure projects.

(c) Following approval of local impact reports, refer these to the Cabinet to inform this Committee when considering what representations it wishes to make on behalf of the Council in respect of proposals and applications for development consent in respect of nationally significant infrastructure projects.

(d) Powers relating to the preservation of trees.

(e) Powers to make limestone pavement orders.

(f) Commons Registration:

(i) The registration of common land or town and village greens, and to register the variation of rights of common as set out in Schedule 1 to the Functions Regulations.


(g) Public rights of way:

(i) Power to create footpaths and bridleways.

(ii) Power to stop up footpaths and bridleways.

(iii) Power to divert footpaths and bridleways.

(iv) Power to dedicate new public rights of way.

(v) Power to assert and protect the rights of the public to use and enjoyment of highways, including byways open to all traffic, footpaths, bridleways and/or restricted byways.

(vi) Powers relating to the removal of things so deposited on highways as to be a nuisance.

(vii) Duty to keep a definitive map and statement under review.

(h) Public safety:

(i) To receive reports regarding safety of sports grounds on an annual basis and also in circumstances where the Corporate Director - Economy and Highways has taken urgent decisions under his delegated powers in respect of safety of sports grounds.

(i) Countryside and Rights of Way Act 2000:

(i) Power to authorise proceedings under Section 14 (enforcement of misleading notices on access land).

(ii) Power to authorise procedures under Section 17 (making and enforcement of Byelaws regulating access land).

(iii) Power to authorise procedures under Sections 34 to 40.

3.1 The membership of the Development Control and Regulation Committee comprises of between 14 and 18 members of the County Council.

3.2 Members need to have regard to the Code of Good Practice for Members and Officers involved in the planning process  and the Code of Practice for the Delegations of Planning and Enforcement Functions .

Part 4O 'Code of Good Practice for Members and Officers involved in the Planning Process' of this Constitution will also be relevant to members of the Development Control and Regulation Committee.