Terms of Reference
Subject to the Scheme of Delegation to officers and other provisions set out in Part 3 of the Constitution, the Committee is empowered:
· to issue, as appropriate, licences, permits and consents and to grant registrations, imposing any conditions, limitations or other restrictions on such approvals, consents, licences, permissions or registrations.
· to determine whether, and in what manner, to enforce any failure to comply with, or any other contravention of, any approval, consent, licence, permission, registration granted or any condition, limitation or term of such approval, consent, licence, permission or registration.
· to determine, where there is such discretion, whether a charge should be made for any approval, consent, licence, permit or registration granted and after receipt of guidance from the Borough Finance Officer to determine the amount of the charge.
The Committee is also responsible for the following:
Town and Country Planning and Development Control
The determination of applications for planning permission; the determination of applications to develop land without compliance with conditions previously attached; the granting of planning permission for developments already carried out; the power to decline to determine applications for planning permission; the determination of applications for planning permission made by a local authority, alone or jointly with another person.
The making of determinations, the granting of approvals and agreements to certain other matters relating to the exercise of permitted development rights; the entering into agreements regulating development or use of land; the issuing of certificates of existing or proposed lawful use or development; the serving of completion notices; the granting of consents for the display of advertisements; the authorisation of entry onto land.
The power to require the discontinuance of a use of land; the serving of planning contravention notices, breach of condition notices or stop notices; the issue of enforcement notices; the power to apply for an injunction restraining a breach of planning control; the power to require proper maintenance of land, the powers relating to the preservation of trees.
The determination of applications for hazardous substances consent, and related powers.
The determination of applications for listed building consent, and related powers; the determination of applications for conservation area consent; the serving of building preservation notices, and related powers; the issue of enforcement notices in relation to demolition of unlisted building in conservation area; the acquisition of listed buildings in need of repair and the serving of repairs notices; the power to apply for an injunction in relation to a listed building; and the execution of urgent works.
Public Rights of Way
The creation of footpaths or bridleways by agreement or otherwise; the determination of applications for public path extinguishment orders; the making of rail crossing extinguishment orders and special extinguishment orders; the permanent or temporary diversion or stopping up of footpaths and bridleways; the making of public path diversion orders, crossing diversion orders and special diversion orders; the power to require applicant for order to enter into agreement under Section 119C(3) of the Highways Act 1980.
The making of SSSI diversion orders; the power to decline to determine certain applications; the power to apply for variation of an order under section 130B of the Highways Act 1980; the power to authorise temporary disturbance of surface of footpaths or bridleways; the making good of damage and the removal of obstructions; the removal of things so deposited on highways as to be a nuisance; the extinguishment of certain public rights of way the power to include modifications in other orders; the authorisation of the erection of stiles on the footpaths and bridleways.
The preparation of a map and a statement by way of consolidation of definitive map and statement; the power to designate footpath as cycle track; the power to extinguish public right of way over land acquired for clearance; the power to extinguish public rights of way over land held for planning purposes; the power to enter into agreements with respect to means of access and the power to provide access in absence of agreement.
Highways Use and Regulation
The granting of street works licences; the granting of permissions for builder's skips on the highway; the licensing of planting, retention and maintenance of trees in part of the highway; the licensing of building works in relation to buildings which obstruct the highway; the power to consent to temporary deposits or excavations in streets; the power to dispense with obligation to erect hoarding or fence; the power to restrict the placing of rails, beams etc over the highway; the power to consent to the construction of cellars under the street, openings into cellars, pavement lights and ventilators; the making of limestone of pavement orders.
Commons Registration
The registration of common land or town and village greens, except where the power is exercisable solely for the purpose of exchange of lands under the Acquisition of Land Act 1981 or an order under the Inclosure Act 1845; and the powers relating to the protection of important hedgerows.
Support officer: Sue Hills. 01344 352060
Postal address:
Democratic Services
Easthampstead House
Town Square
Bracknell
RG12 1AQ
Phone: 01344 352060
Fax: 01344 353251
Email: sue.hills@bracknell-forest.gov.uk