SECTION 4

MANAGEMENT STRUCTURE AND

SCHEME OF OFFICER DELEGATIONS

As at the Council Meeting of 17/05/2012 PART A MANAGEMENT STRUCTURE

PART B SCHEME OF DELEGATIONS TO OFFICERS

PART A – MANAGEMENT STRUCTURE The Senior Management Team (SMT) comprises:- Chief Executive – Dr..Sue McGonigal* Director of Community Services - Madeline Homer Director of Corporate Services and Transformation – Philip Hamberger Vacant Director of Operations - Mark Seed Corporate & Regulatory Services Manager - Harvey Patterson** Financial Services Manager - Sarah Martin*** Strategic Organisational & Development Manager - Sarah Carroll * Chief Financial Officer/Section 151 Officer ** Monitoring Officer *** Deputy Section 151 Officer

PART B - SCHEME OF DELEGATIONS TO OFFICERS 1. METHODOLOGY

1.1 Delegations are listed by Job Title of Officer commencing with the Chief

Executive.

1.2 Each delegation is identified initially by a service area code; CEX for Chief Executive, CFO for Chief Financial Officer, DCS for Director of Community Services, DCT for Director of Corporate Services & Transformation, DOO for Director of Operations, CRM for Corporate and Regulatory Services, FIN for Financial Services and SD for Strategic Organisational Development followed by a number and finally by the letter C or E or CE

1.3 The letter C indicates that the function or matter has been delegated to the

identified Officer by the Council or a Committee or Sub-Committee of the Council. The letter E indicates that the function or matter is an Executive function which has been delegated to the identified Officer by the Cabinet Leader. The letters CE indicates that the delegated power involves the exercise of both Council and Executive functions

1.4 The Council also delegates the exercise of a number of emergency public health

powers to an external officer appointed by the Corporate & Regulatory Services Manager - the Clinical Director of the Heath Protection Agency

1.5 Each identified Officer has been allocated up to 100 possible delegation numbers

which will accommodate future variations in the delegations. These are as follows:

Chief Executive and Senior Management Team Chief Executive Chief Executive as Chief Financial Officer Director of Operations Director of Community Services Director of Corporate Services & Transformation* Director of Operations Corporate and Regulatory Services Manager Financial Services Manager and Deputy Section 151 Officer Strategic Organisational Development Manager *This is a new post and delegations will be allocated when the post is filled Delegations to External Agencies Clinical Director (Health Protection Agency)

CEX 1-100 CEX 101-200 CFO 201-300 DOO 301-400 DCS 401-500 DCT 501-600 CRS 601-700 FIN 701-800 SD 801-900 HPA 901-1000

1.6 Examples: Delegation CFO301C

Delegation of a Council function to the Chief Executive as Chief Financial Officer

Delegation DCS403E

Delegation of an Executive function to the Director of Community Services

1.7 In so far as it relates to functions which are the responsibility of the Council or

one of its Committees or Sub-Committees, the following Scheme of Delegations was approved by full Council on 17/05/2012 as amended/added to from time to time.

2. CHIEF EXECUTIVE AND SENIOR MANAGEMENT TEAM Officer Delegation Delegation Number General Delegations

Where the Scheme of a Delegation relates to specific Acts of Parliament, Regulations and Orders and other exercise of powers made thereunder, it is intended that such delegations shall extend to the powers and duties and functions under the Acts, Regulations and Orders as they exist at present and any subsequent re-enactment or amendment of the relevant statutory provisions or departmental exercise of powers.

CEX01CE

Any decision taken under delegated powers shall be in accordance with any relevant policy approved by the Council and in compliance with the Financial Procedure Rules and Contract Standing Orders. When the exercise of a delegated power includes the incurring of expenditure such action shall be conditional upon the necessary financial provision being included in an approved budget estimate.

CEX02CE

Whenever the Chief Executive a Director or other named Service Manager considers it appropriate he/she shall seek the approval of the Council, Committee, Cabinet, Cabinet Leader or relevant Cabinet Portfolio holder notwithstanding the availability of a delegated power.

CEX03CE

The acts of the Chief Executive, Directors and other named Service Managers under delegated powers shall be deemed to be the acts of the Council.

CEX04CE

To the Chief Executive, Directors and named Service Managers is delegated authority to: (a) take all necessary action to gather and collate management information in order to

develop policy options for decision making by Members. (b) take all necessary action for the effective day to day management, administration and

supervision of his or her department and of the service and premises for which he/she is responsible and for the efficient discharge of the Responsibilities of his/her office within the approved policies, procedures, rules and standing orders of the Council.

(c) take all necessary action for the effective day to day management, administration and supervision of any delegated budget for which he/she is responsible in accordance with the requirement of the Financial Procedure Rules from time to time adopted by the Council and to collate such information in such as the manner as the Chief Financial Officer shall require to enable the Council to develop short, medium and long term financial estimates

(d) so far as reasonably practicable, make such arrangements and take all such measures as are necessary to ensure the workplace health, safety and welfare of staff for which he/she is responsible and the health and safety of lawful visitors.

CEX05CE

Officer Delegation Delegation Number (e) authorise appropriate expenditure and take such action as may be necessary and

appropriate thereon in respect of sums provided by the Revenue Estimates approved by the Council.

(f) let or authorise the use of premises under their control upon terms and conditions approved by the Council from time to time.

(g) issue any licence, permit, certificate of registration or similar document where the application conforms to statutory provisions and regulations and/or the requirements of the Council.

(h) apply for licences or permits or certificates to ensure the legal operation of land, buildings and facilities associated with the delivery of services.

(i) attend the Annual Conferences of their professional associations and to authorise the attendance of officers at conferences appropriate to the work of their Department and on training courses relevant to their employment.

(j) serve statutory notices to ascertain ownership and other interests in property where required to facilitate the work of the Council.

(k) authorise in writing and appoint individual officers to act as the Council’s authorised officers in the performance of their statutory or other duties provided that any written authority to enter upon land or premises is in pursuance of a statutory power of entry or inspection.

(l) amend fees and charges during the course of the year, subject to the approval of the relevant Cabinet Portfolio holder and to the publication of any changes on the Council’s web site.

(m) make alternative arrangements following risk management and business continuity planning for the continued effective delivery of services.

(n) delegate their delegated powers to specified officers, in the interests of efficient, effective and timely management of services.

(o) take any decision or any action to protect the Council’s interests or which is calculated to facilitate, or is conducive or incidental to, carrying out or performance of Members’ instructions as expressed in the Minutes of Council and Cabinet decisions.

(p) provide concise written reports to the appropriate Cabinet Portfolio holder covering the key aspects of the work of the department, including any delegation of powers.

Officer Delegation Delegation Number (q) procure works, goods and services in compliance with Contract Standing Orders and the

Financial Procedure Rules including the power to accept quotes and tenders and award contracts that do not exceed the approved budget estimate.

(r) determine service levels and conditions of contract for Council services subject to voluntary contracting-out and the preparation and the issue of tender documents.

(s) manage contracts and authorise payments to contractors in relation to the provision of services, including the power to impose liquidated and ascertained damages, agree variations, settle claims and disputes (in consultation with the Corporate & Regulatory Services Manager) and terminate the contract.

(t) have freedoms and flexibility to make changes in the overall area of service provision, procedural arrangements and partnerships to improve overall service outcomes for customers and residents, within established budgetary, human and material resources.

(u) subject to obtaining all regulatory consents, to carry out alterations and improvements to Council owned operational land and buildings and/or purchase and lease equipment, plant and vehicles within the revenue, capital and prudential borrowing limits set for the service

(v) redirect human, material, property, building and technological resources for the support of emergency, urgent and beneficial operations, including the support of external agencies.

(w) set up, monitor and use performance management systems and structures to make changes to service delivery, procedures and processes, and resource inputs provided these are within the overall aims of the Council, the budgetary limits for the service and ensuring compliance with staff policies and agreements.

(x) deal with fixed term employment contracts relating to professional, technical and administrative services associated with development, design and supervision of project specific schemes.

(y) vire within budgets and write off debts in accordance with the procedures and limitations set out in the Council’s Financial Procedure Rules.

(z) authorise directed surveillance or the recruitment and use of a Covert Human Intelligence Source or the appointment of a SPOC (single point of contact) in accordance with the provisions of the Regulation of Investigatory Powers Act 2000 (RIPA), relevant secondary legislation and the Council’s adopted RIPA Policy and Procedures Note.

Officer Delegation Delegation Number The Chief Executive, and Directors, excluding the Director of Community Services, be authorised

to submit applications for building regulation approval and planning and listed building consent on behalf of the Council

CEX06E

In the absence of the Chief Executive a Director or a named Service Manager his or her functions (other than any statutory functions which are the personal responsibility of such officer) shall be deemed to be delegated to one of their direct reports and the Cabinet Leader, appropriate Cabinet Portfolio holder or relevant Committee Chairman advised of the said delegation.

CEX07CE

The Chief Executive, Directors and Named Service Managers are authorised to publish in a local newspaper statutory notices relevant to the services and functions for which they are responsible.

CEX08E

Human Resources Matters

The Chief Executive, Directors and Named Service Managers be authorised to deal with all establishment matters within approved Council guidance and procedures and within approved budgets, including terminating the employment of Council Employees on the grounds of ill-health, where so certified by the Specialist in Community Medicine, save those specific cases which personally involve either the Chief Executive, Directors or Named Service Managers

CEX09C

Subject to appropriate consultation with the Human Resources Shared Service Manager and in compliance with all relevant policies, procedures and guidance, the Chief Executive ,Directors and Named Service Managers be authorised (within approved budgets) to

(a) fix starting salaries, grant accelerated increments and approve progression of staff beyond routine work or proficiency bars. (b) approve performance related annual increments subject to a right of appeal within the

terms of the Council’s appraisal scheme. (c) engage temporary and seasonal staff in the case of workload demands, sickness, holidays

or other emergencies (within approved budgets and with staffing change approval where required).

(d) approve training courses for employees. (e) approve essential and casual user allowances to Officers using private cars on official

business in accordance with the approved scheme. (f) approve applications for car purchase loans under the Assisted Purchase scheme. (g) approve payment of removal etc expenses to newly appointed Officers in accordance with

the approved scheme. (h) approve leave arrangements, including bereavement leave, the granting of compassionate

CEX10C

Officer Delegation Delegation Number leave with or without pay and the carrying over of leave from one year to another.

(i) to exercise functions in accordance with the Council’s Employment Policy, the Conduct, Discipline and Grievance Procedures and other local agreements.

(j) approve unpaid leave appropriate to the employee’s circumstances and the efficiency of the service.

(k) approve payment for employees’ lost or damaged personal items (excluding loss of cash). (l) keep the appropriate Cabinet Portfolio holder informed of staffing issues affecting budgets

and any problems affecting the department’s ability to deliver its service targets. (m) agree arrangements for flexible working.

3. INDIVIDUAL DELEGATIONS TO CHIEF EXECUTIVE, DIRECTORS AND NAMED SERVICE MANAGERS Officer Delegation Delegation Number Chief Executive

- General Authorised to lead in all actions necessary to develop policy options for decision making by Members.

CEX101CE

Authorised to implement in detail policies adopted for the regeneration, economic development and marketing of Thanet as a business location and visitor destination.

CEX102E

In the absence of the Corporate & Regulatory Service Manager, to consider, authorise and institute proceedings in respect of any offence for which the Council by virtue of the Local Government Act 1972, Section 222, or any other Act of Parliament, Regulation, Order or Byelaw, is now or may hereafter be empowered to prosecute or to authorise the institution of such proceedings.

CEX103E

Authorised to give consent to such officers undertaking the work connected with the Census and for other government or local government related purposes

CEX104E

Authorised to designate Polling Places in accordance with the provisions of the Representation of the People Acts

CEX105C

To take any action in connection with any emergency being dealt with under the Council’s Emergency Plan arrangements

CEX106E

To take any urgent action as may be deemed necessary on behalf of the Cabinet or the Council during the period in any election year from the day upon which the term of office of existing Councillors ends to the day of the Annual Meeting of the Council, subject to:-

• prior consultation, so far as practicable, with Group Leaders; and • a written report being made to the relevant body with responsibility for the function

concerned, such report to be submitted to the first meeting of the body concerned taking place after the annual meeting of Council.

CEX107CE

In consultation with the Cabinet Leader, delegated authority to take forward all staff matters relating to the implementation of the Corporate Plan and the establishment of delivery arrangements to implement it (within available budgets).

CEX108C

Authority to exercise all of the functions allocated to a Director or Named Service Managers by this Scheme of Delegations (other than the statutory functions of the Monitoring Officer) including the power to instruct a Director or Named Service Manager not to exercise a delegation until a further consultation has taken place or to report the matter to the Council or the Cabinet instead.

CEX109E

Officer Delegation Delegation Number Chief Executive as Chief Financial Officer

Authority to conduct and carry out the functions and responsibilities of the Chief Financial Officer pursuant to the Local Government Finance Act 1988 and to be the person with responsibility for the administration of the Council’s financial affairs pursuant to Section 151 of the Local Government Act 1972 including the provision of proper and effective systems of accountancy, treasury management and internal audit.

CFO201C

Authority to deal with the management of all transactions relating to the cash and financing resources of the Council in accordance with recognised practices.

CFO202C

Authority to arrange for the proper auditing of all accounts and associated activities of the Council. CFO203CE Authority to prepare the Council’s annual Corporate Governance Code of Practice and submit it to

the Audit Commission. CFO204C

Authority to arrange for the investment of the Council’s funds in accordance with annually approved Treasury Management Code of Practice and to be responsible for the Council’s banking arrangements including authority to act in all dealings with the Council’s bankers.

CFO205CE

Authority to make payments due and collect all sums due to the Council including taking the necessary legal proceedings in conjunction with the Corporate & Regulatory Services Manager.

CFO206E

Authority to pay salaries, wages, and all remuneration and deal with all statutory and non-statutory deductions without reference to Members.

CFO207E

Authority to implement all salary or wage awards and other increases where no exercise of a discretion is involved.

CFO208E

Authority to arrange and maintain adequate insurance cover in accordance with Council policy. CFO209E Authority to amend Fees & Charges in response to increases or reductions in the rate of VAT or in

the event that VAT is applied to a zero rated or exempt supply. CFO210E

Authority to deal with the declaration of the specified rate of interest. (Section 110 Housing Act 1980).

CFO211E

Where interest becomes payable on debts (other than mortgages) due to the Council under any statute, authority to determine the rates of interest payable.

CFO212E

Local Government and Housing Act 1989 (a) Determination of any overspend for each financial year. (b) Determination of amount of usable 1980 Act capital receipts to be set aside as provision for

credit liabilities.

CFO213E

Officer Delegation Delegation Number (c) Determination if expenditure for capital purpose which is to be reimbursed, or met out of

money provided, by any other person, is to be capitalised. (d) Determination if credit approval is to be used as authorisation to capitalise expenditure or to

enter into a credit arrangement. (e) Determination if credit approval is in whole or in part to be transferred to another authority. (f) Determination if usable capital receipts are to be applied to meet expenditure for capital

purposes or as voluntary provision for credit liabilities. (g) Determination if voluntary provision for credit liabilities is made to provide credit cover for the

entering into of a credit arrangement. (h) Determination of what amount (being not less than the required minimum revenue provision

for the year) is to be set aside from revenue account as provision for credit liabilities or as cover for a credit arrangement.

Authority to write-off debts in accordance with the Finance Procedure Rules. CFO214C Authority to exercise the option to tax (elect to waive exemption) for Value Added Tax purposes, in

consultation with the Cabinet Leader. CFO215E

In conjunction with the Director of Operations, authority to determine commercial cargo wharfage and slipway rates.

CFO216E

Together with the Corporate & Regulatory Services Manager, authority to proceed in rent arrears cases within the Council’s existing policy – Housing Act 1980 Section 33.

CFO217E

Authority to apply for suspension Orders for Possession – Housing Act 1985. CFO218E Authority to employ a bailiff as and when necessary in order to recover rents. CFO219E In consultation with the Corporate & Regulatory Services Manager, authority to approve and make

ex gratia payments to employees or members of the public. CFO220E

Director of Operations – Maritime Services

In conjunction with the Chief Financial Officer authority to determine commercial cargo wharfage and slipway rates.

DOO301E

To be designated as Harbour Master for the purposes of the Harbour Docks and Piers Clauses Act 1847 and the Ramsgate Corporation Act 1934.

DOO302E

Officer Delegation Delegation Number To be designated administrator of the Ramsgate Pilotage Function as the Competent Harbour

Authority under the Pilotage Act 1987. DOO303E

To be responsible for control of Dangerous Substances in the Harbour Area as set out under the Dangerous Substances Regulations 1987.

DOO304E

To issue and renew boat and boatmen’s licences. DOO305E To issue and renew consents for landing and sale of fish.

DOO306E

Director of Operations - Environmental Services

To design and implement recycling services to meet statutory or agreed targets subject to finances and resources being available.

DOO307E

To make all arrangements (contractual or otherwise) for the effective delivery of services and Corporate Plan Projects within the remit of the post (and within approved policies and budgets), and in accordance with the duties imposed on the Council through acts of parliament, statutory instruments, codes of practice, guidance and case law, including the following areas: (a) Collections and disposal of municipal waste and recycling (b) Street, beach and open space cleansing (c) Public conveniences (d) Parking management and strategy (e) Engineering services (f) Coastal and foreshores (g) Concessions on land within the control of the service (h) Parks, and open spaces (Council owned) (i) Allotment management and letting (j) Grounds maintenance (k) Play facilities - inspections and maintenance (l) Cemeteries and crematorium facilities and services (m) Environmental Action Programme (n) Building services including caretaking and cleaning.

DOO308E

Officer Delegation Delegation Number To develop and agree partnership arrangements with organisations (including voluntary and other

residents’ groups) for the effective delivery of services, including the use of Council land and facilities by these external organisations.

DOO309E

To develop and agree arrangements to provide additional one off or continuing sources of income to support and expand the delivery of services in agreement with the Chief Financial Officer.

DOO310E

To temporarily waive fees for services (including Christmas Parking Charges) in special circumstances subject to the prior agreement of the Cabinet Leader and relevant Cabinet Portfolio holder.

DOO311E

To undertake all procurement to support the operations of the services set out in paragraph 6.2 by tender, quotation or negotiation to balance the best use of staffing and financial resources, ensuring compliance with national and European procurement rules. Where procurement conflicts with contract standing orders, this approach is to be agreed with the Chief Financial Officer and the decision reported to the Cabinet Leader or relevant Cabinet Portfolio holder.

DOO312E

To undertake initiatives with service providers within the Council and with external partners, bodies and agencies for the effective delivery of the aims of the Environmental Action Programme and other internally and externally funded improvement programmes.

DOO313E

Authority to sub delegate any of the Environmental Services delegations to Third Tier Managers acting under the supervision of the Director of Operations.

DOO314E

Director of Operations - General Fund Estates Management

Management of Properties: (a) to serve Notices of Seeking Possession and Notices to Quit as considered necessary. (b) to deal with all assignments of tenancies. (c) to deal with amendments of tenancies/leases/licences. (d) supervision of caretaking and cleaning. (e) to programme the repairs and maintenance scheme. (f) to deal with trespassers in or on Council property.

DOO315E

To manage the Council’s Asset Management Strategy, including periodic review, planned investment acquisition and managed disposal of property identified and agreed as surplus.

DOO316E

To maintain the Asset Register and Land Terrier, including cost/benefit data on each sector, and on major individual properties.

DOO317E

Officer Delegation Delegation Number Estate management including valuations, leases, licences rent reviews and easements . DOO318E To secure possession of Council owned land where occupied by unauthorised traveller

encampment. DOO19E

To administer the General Fund Properties repairs fund of the Council .

DOO320E

Director of Operations – Parking Services

Authority to manage, operate and maintain the Councils Off- Street Car Parks and enforce the provisions of the Council's Off Street Parking Places Order in accordance with the requirements of the Road Traffic Regulation Act 1984, the Traffic Management Act 2004 and any Parking Policy from time to time adopted by the Council.

DOO321E

Authority to enforce on street parking and waiting restrictions in accordance with the delegation agreement from Kent County Council and to report to the Joint Transportation Board in connection therewith as and when required.

DOO322E

Authority to consider representations from drivers and registered keepers in relation to the issue of Penalty Charge Notices and in exceptional circumstances to waive or reduce any charges payable in relation thereto taking into account any relevant policy from time to time adopted by the Council and keeping a full written record of the decision made and the justification for it.

DOO323E

Authority to manage and deal with appeals to the National Parking Adjudication Service DOO324E Authority to make Temporary Road Closure Orders under the Town PoIice Clauses Act 1847 DOO325E Authority to receive and progress urgent requests made by the Emergency Services for basic

corner protection and Access Orders on safety grounds as soon as is reasonably possible and to report any objections and sensitive correspondence received following statutory public consultation in respect of the above to the Joint Transportation Board.

DOO326E

Authority to receive and progress requests for parking and waiting restrictions which are integral to the construction of approved developments and to report any objections and sensitive correspondence received following statutory public consultation in respect of the above to the Joint Transportation Board.

DOO327E

Authority to receive and progress requests for charitable organisations to park in ‘off street’ car parks free of charge as may be appropriate or, to withdraw a permit on any occasion when the parking action does not accord with the safety and advice contained within the current Highway Code.

DOO328E

Officer Delegation Delegation Number Director of Community Services - General

To make all arrangements (contractual or otherwise) for the effective delivery of services and Corporate Plan Projects within the remit of the post (and within approved policies and budgets), and in accordance with the duties imposed on the Council through acts of parliament, statutory instruments, codes of practice, guidance and case law, including the following areas:

(a) Community Development (b) Community Safety (c) Economic Development & Regeneration (d) Strategic, Private Sector and HRA Housing activities including homelessness, housing

regeneration and client side management of East Kent Housing Limited (e) Margate Task Force (f) Planning Policy, Planning Applications, Conservation and Trees (g) Building control (h) Tourism development and marketing, visitors support services and events (i) Museums and Public art (j) Indoor and outdoor sports and leisure services and facilities (k) Thanet coastal project

DCS401CE

Director of Community Services – Building Control

To determine, including the power to reject, all applications submitted under the Building Regulations and to serve any requisite notices in order to achieve compliance including institution of legal proceedings if necessary.

DCS402E

To register and enforce Initial Notices submitted under the Approved Inspector Regulations. DCS403E To receive Notice of Demolition under the Building Act and serve appropriate counter notice and

enforcement. DCS404E

To take urgent action, where required, in connection with dangerous structures and insecure properties; including action in Magistrates court to secure orders.

DCS405E

Building Act 1984, Sections 24, 71, 72 and 78 – service of notices in urgent cases for temporary orders for closure or restriction on use of buildings.

DCS406E

To exercise powers under the Building Act 1984, Section 79 in respect of ruinous and dilapidated buildings and neglected sites.

DCS407E

Officer Delegation Delegation Number The service of all relevant notices under the provisions of Local Government (Miscellaneous

Provisions) Acts, Building Act 1984 to secure urgent repairs, or render vacant buildings secure from trespass.

DCS408E

To exercise powers under the Building Act 1984, Section 76 in respect of defective premises appropriate Committee.

DCS409E

Director of Community Services - Planning and Development Control

To determine (including the power to refuse), all applications for planning permission (including reserved matter applications and applications to develop Crown Land), Listed Building consent, Conservation Area consent, and consent to display adverts, and applications under Regulation 3 and 4 of the Town and Country Planning (General Regulations) 1992 in respect of development by, or on behalf of, Thanet District Council or Kent County Council, in accordance with policies contained in a draft or adopted Development Plan for the area, or other approved documents in the form of planning guidance for development, other than:

(a) applications which the Director of Community Services or Planning Manager in consultation with the Chairman or Vice Chairman of the Planning Committee, considers to be of significant public interest (b) applications which Council Members have specifically requested to be referred to the Planning Committee in accordance with the requirements of any Member’s Call in Procedure from time to time approved by the Council (c)applications submitted by or on behalf of a Member of the Council or an officer (d) applications under Regulation 3 and 4 of the Town and Country Planning (General Regulations) 1992 in respect of development by or on behalf of Thanet District Council

DCS410C

To determine (including the power to refuse) applications for householder development in the curtilage of a dwelling house located outside the urban and village confines as identified in the adopted Development Plan

DCS411C

Officer Delegation Delegation Number To determine applications to make non-material changes to a planning permission including the

power to amend the planning permission and impose additional conditions; DCS412C

To add or amend conditions and reasons for refusal on all applications which are considered at Planning Committee, as are necessary to ensure that when a planning permission or refusal is issued, it expresses as clearly and completely as possible the intentions of the Members of the Committee in making that decision and protects the interests of the Council as Local Planning Authority, the reason for the decision being accurately recorded in the Planning Committee minutes and on the Decision Notice. (In all cases, where differences arise between the published minutes and the conditions or reasons for refusal issued by the Director of Community Services or the Planning Manager, the latter shall prevail and be the binding and effective decision of the Local Planning Authority.)

DCS413C

To make observations on proposals submitted for comment and/or determine applications for prior approval in accordance with Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, or any other relevant Development Order, including; Part 6 (Agricultural Buildings), Part 24 (Telecommunications Code Systems Operators) and Part 31 (Demolition of Buildings) subject to the proviso that applications for prior approval in relation to Part 24 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) may be called in by Members for determination by the Planning Committee in accordance with the requirements of any Member’s Call in Procedure from time to time approved by the Council.

DCS414C

To make observations in accordance with policies contained in a draft or adopted Development Plan for the area, or other approved documents in the form of planning guidance for development, on planning applications submitted to the County Planning Authority within the district for determination, and referred to the Council as Local Planning Authority for comment in accordance with Article 22 of the Town and Country Planning (Development Management Procedure)(England) Order 2010, in the case of major applications in consultation with the Chairman of the Planning Committee or in his or her absence, the Vice-Chairman.

DCS415C

To negotiate in consultation with the Corporate & Regulatory Services Manager, and within the context of Government Guidance and the Council’s own policies, planning agreements under Section 106 of the Town and Country Planning Act1990, and other legal agreements, where these

DCS416C

Officer Delegation Delegation Number are required in connection with the grant of planning permissions dealt with under delegated powers, and in other cases where such agreements are appropriate.

To provide scoping and screening opinions with regard to applications potentially requiring the submission of an Environmental Impact Assessment in accordance with the requirements of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011.

DCS417C

To require further information in respect of applications for outline planning permission in accordance with Article 4(2) of the Town and Country Planning (Development Management Procedure) (England) Order 2010.

DCS418C

To approve or refuse details submitted, in accordance with Conditions attached to planning permissions and other relevant consents

DCS419C

Jointly with the Legal Services Manager and the Planning Manager to determine applications for Certificates of Lawfulness of existing or proposed use or development under Sections 191 and 192 of the Town and Country Planning Act 1990.

DCS420C

To determine applications for Hazardous Substance consent under the Planning (Hazardous Substances) Act 1990.

DCS421C

Director of Community Services - Planning Enforcement

In consultation with the Corporate & Regulatory Services Manager to issue and serve planning, listed building, conservation area, and tree replacement enforcement notices, breach of condition notices, planning contravention notices and stop notices (including temporary stop notices) together with the power to vary amend withdraw or re-issue any such notices

DCS421C

In consultation with the Corporate & Regulatory Services Manager to instigate legal proceedings against the display of fly posted advertisement material, in accordance with Section 224 of the Town and Country Planning Act 1990.

DCS423C

To serve notices under Section 215 of the Town & Country Planning Act 1990 in relation to any land in the district the condition of which is prejudicial to the amenity of the district or any part of it including the power to vary amend withdraw and re-issue such notice.

DCS424C

In consultation with Corporate & Regulatory Services Manager to take enforcement action in relation to any failure to comply with the requirements of a planning, listed building, conservation area or tree replacement enforcement notice, breach of condition notice, planning contravention

DSC425C

Officer Delegation Delegation Number notice, stop notice (including a temporary stop notice ) or Section 215 Notice including where permissible and expedient the institution of prosecution proceedings, the taking of direct action, the registration of a local land charge, the recovery of expenses in any court of competent jurisdiction and the seeking of an injunction (in the latter case also in consultation with the Chairman of the Planning Committee or in his or here absence, the Vice Chairman.

Director of Community Services - Conservation

To authorise, when urgent action is necessary, the serving of Building Preservation Notices in accordance with Section 3 of the Listed Building and Conservation Areas Act 1990, in consultation with the Chairman or Vice Chairman of Planning Committee (subject to a report being submitted thereafter to the Planning Committee).

DSC426C

To process, make offers and issue payments for grant works to Listed Buildings, buildings in Conservation Areas, and other buildings, structures and surfaces, in accordance with Council Procedures and those of partnership funders (in particular Heritage Lottery fund).

DCS427C

To issue, without reference to the Planning Committee, Section 54 Notices (urgent works to preserve unoccupied Listed Buildings) and Section 55 Notices (demands for payment of expenses of urgent works) in accordance with the Planning (Listed Buildings and Conservation Areas) Act 1990 and in consultation with the appropriate Cabinet portfolio holder.

DCS428E

Director of Community Services - Trees

To authorise, serve and confirm Tree Preservation Orders including the power to issue a direction pursuant to Article 7 of the Model Tree Preservation Order that a tree is of substantial amenity value and subsequently, on an annual basis, to report to the Planning Committee on activity undertaken in this area.

DSC429C

To determine applications for works to protected trees (TPO’s and Conservation Areas), including felling, and to impose conditions on any Consents.

DCS430C

Director of Community Services - Strategic and Private Sector Housing

To implement and administer the provisions of the Housing Act 2004 (as amended) including the authorisation of enforcement action and prosecutions where appropriate.

DSC431E

Officer Delegation Delegation Number To authorise the use of the Council’s compulsory purchase powers in respect of empty land and

residential properties. DCS432E

Authority to serve notices under Section 215 of the Town & Country Planning Act 1990 in relation to any land in the district, the condition of which is prejudicial to the amenity of the district or any part of it, including the power to vary, amend, withdraw and re-issue any such notice and in consultation with the Corporate & Regulatory Services Manager to take enforcement action in relation to any failure to comply with the requirements of a Section 215 Notice including, where permissible and appropriate, the institution of prosecution proceedings, the taking of direct action, the sale of materials removed from land, the registration of a local land charge, the recovery of expenses in any court of competent jurisdiction and the seeking of an injunction (in the latter case, in consultation with the relevant Portfolio holder.

DCS433C

To administer the provisions of Housing (Grants, Construction and Regeneration) Act 1996 in respect of disabled facilities grants including the determination of grant applications and payments of grants.

DCS434E

To serve all relevant notices under the provisions of the Public Health Acts, Local Government (Miscellaneous Provisions) Acts, Building Act 1984 and Environmental Protection Act 1990 to eliminate statutory nuisances.

DCS435E

To serve notices under the Prevention of Damages by Pests Act 1949 and the Health Act 2006 (in respect of smoke free premises)

DSC436E

To authorise the making of home – loss, disturbance and other statutory compensation payments in connection with the making of prohibition and demolition orders and the acceptance of undertakings relating to unfit/unsuitable premises pursuant to Housing Acts 1985 and 2004.

DCS437E

To serve all relevant notices and orders under the terms of Housing Act 2004 in respect of Empty Property Management Orders.

DCS438E

To serve requisitions for information pursuant to Section16 of the Local Government (Miscellaneous Provisions) Acts 1976

DCS439E

To authorise payments of grants and loans to improve properties in line with the agreed council policy,

DCS440E

To agree in conjunction with the Planning Manager to affordable housing contributions from new housing developments including the payment of commuted sums for off-site provision.

DCS441E

Officer Delegation Delegation Number To agree the payment of grants from section 106 developer contributions to affordable housing to

Registered Social Landlords for the provision of new social housing in the district. DCS442E

Where necessary to make applications to the Rent Officer under Section 68(1) of the Rent Act 1977 for consideration of the fair rent for any dwelling house where the tenant applies for a rent allowance

DCS443E

Director of Community Services - Housing Needs and Homelessness

To manage the housing register in accordance with current requirements and in line with the agreed policy of the Council.

DCS444E

To accept applications to the housing register and assess the level of need according to the prescribed policy of the Council

DCS445E

To make determinations on cases of statutory homelessness. DCS446E To make offers of accommodation to persons/ households on the housing register either in to the

council’s housing stock through nominations to RSLs or through any mobility arrangements with other local authorities.

DCS447E

Director of Community Services - HRA Activities

To manage the council’s housing stock including the letting of any maintenance contracts required to repair and improve the stock and council estates.

DCS448E

To make decisions relating to the granting, management and termination of tenancies/licences/leases in the council’s housing portfolio subject to the appropriate legislation and any policies determined by the council

DCS449E

To administer the Right to Buy Scheme, agreeing discounts and eligibility subject to the provisions of the 1985 Housing Act and subsequent legislation amending the scheme.

DCS450E

To agree the disposal of Housing Revenue Account areas of land to where no HRA need exists DCS451E To approve an application for release of covenants contained within documentation and to take

action against breach of covenant for which the Council has benefit. DCS452E

To agree all payments in the disposition of acquisition of land granting easements, premiums, etc, in accordance with Financial Procedure Rules

DCS453E

Officer Delegation Delegation Number To approve the assignment, change of use, surrender or amendment of other terms of leases. DCS454E To determine land to be sold with a Council dwelling under the Right to Buy provisions of the

Housing Act 1985. DCS455E

Director of Community Services – Community Development

To agree the use of Council land, property and facilities within the remit of the post (including parks, open spaces, beaches and foreshores) for the staging of national, regional and local events and promotions, and for the provision of services directly or through other agencies.

DCS456E

To introduce self-help arrangements at appropriate sport and leisure venues with suitable clubs and organisations, subject to consultation with the Cabinet Leader or relevant Portfolio holder

DCS457E

To manage and to make payments to all contractors used by the Service in accordance with the contract conditions, including in-door and out-door recreation, entertainments and catering.

DCS458E

Director of Community Services – Community Safety

To approve on behalf of the Council the use of ASBO’s Crack House Closures, Dispersal Orders and other similar measures to tackle low level crime and anti social behaviour.

DCS459E

Director of Corporate Services and Transformation

Authority to exercise any of the delegations given in this Scheme of Delegations to a Named Officer who is a direct report and power to instruct any such Named Officer not to exercise a delegated power but to report to the Council Cabinet or appropriate Committee instead

DCT501CE

Corporate & Regulatory Services Manager - General

To make all arrangements (contractual or otherwise) for the effective delivery of services and Corporate Plan Projects within the remit of the post (and within approved policies and budgets), and in accordance with the duties imposed on the Council through acts of parliament, statutory instruments, codes of practice, guidance and case law, including the following areas:

(a) Legal Services

CRS601CE

Officer Delegation Delegation Number (b) Democratic Services and Scrutiny Support (c) Electoral Registration and Elections (d) Environmental Health (e) Licensing and Land Charges (f) Street Scene Enforcement (g) CCTV

Authority to temporarily waive fees for services in special circumstances subject to the prior agreement of the Leader of the Council and relevant Portfolio Holder.

CRS602E

Corporate & Regulatory Services Manager - Legal Services

To take all requisite action, including, where necessary, the institution of Proceedings to recover debts owed to the Council and to recover possession of Council land or property, including the taking of bankruptcy and company winding up Proceedings.

CRS603E

To take action under any enactment or at common law to protect public rights in respect of highways.

CRS604E

To sign on behalf of the Council contracts which do not require to be sealed. CRS605E To take any necessary action, including the institution of Proceedings for an injunction, with a view

to preventing the holding of any unlicensed pay parties within the district and to authorise such action or Proceedings.

CRS606E

To authorise the service of Notices to Treat and Notices of Entry. CRS607E To authorise the making of advances for house purchase and improvement in accordance with any

scheme approved by the Council. CRS608E

To obtain Counsel’s opinion and employ London or other Agents to ensure adequate advice is available to the Council and Committees and to authorise the appointment of Counsel to appear in any matter for which he/she considers it essential for the Council to be so represented.

CRS609CE

To consider, authorise and institute Proceedings in respect of any offence for which the Council by virtue of the Local Government Act 1972, Section 222, or any other Act of Parliament, Regulation, Order or Byelaw, is now or may hereafter be empowered to prosecute or to authorise the institution of such Proceedings.

CRS610E

Officer Delegation Delegation Number To negotiate in consultation with the Director of Community Services, planning agreements under

Section 106 of the Town and Country Planning Act 1990, and other legal agreements, where these are required in connection with the grant of planning permissions dealt with under delegated powers, and in other cases where such agreements are considered necessary in order to facilitate or safeguard the Council’s interest and/or instructions.

CRS611C

Jointly with the Director of Community Services and the Planning Manager to determine applications for Certificates of Lawfulness of existing or proposed use or development under Sections 191 and 192 of the Town and Country Planning Act 1990.

CRS612C

To seal:- (a) vacating receipts and discharges of mortgages; and (b) mortgages to secure the external borrowing of money

CRS613E

Subject to the Chief Executive of East Kent Housing confirming that the Council’s security would not be prejudiced in respect of properties mortgaged to the Council:-

(a) to approve the transfer of mortgaged property to joint tenants by one of them or from joint tenants to one of themselves; (b) to approve applications for the consent of the Council to the grant of rights of way and other

easements; (c) to approve applications by mortgagors for permission to carry out alterations to their

property; (d) to agree to extensions of mortgage terms within the limits of the Council’s scheme. (e) to approve requests for consent to letting (mortgaged properties), subject to suitable enquiries

CRS614E

To institute proceedings for recovery of possession where mortgagors or Council tenants have made default in payments, or otherwise breached mortgage or tenancy conditions.

CRS615E

To sign Certificates of Title to prospective purchasers under Section 154 of the Housing Act 1985. CRS616E To rely upon a tenant’s Statutory Declaration where after enquiry other evidence cannot be

obtained (Housing Act 1980 - Section 7). CRS617E

To proceed in rent arrears cases within the Council’s existing policy - Housing Act 1980 Section 33. CRS618E In consultation junction with the Director of Community Services, authority to rely upon a tenant's

Statutory Declaration where after enquiry other evidence cannot be obtained - Housing Act 1985 CRS619E

Officer Delegation Delegation Number Section 129.

To serve notices of intention - Housing Act 1985 Section 83. CRS620E To apply for suspension Orders for Possession -Housing Act 1985. CRS621E In the event of his/her not reaching agreement with mortgagors to pay off arrears or for the making

of regular interest payments during periods of illness or unemployment, authorised to obtain compliance with the Possession Orders granted and dispose of the properties.

CRS622E

To deal with assignment of leases as authorised by or on behalf of the Council. CRS623E To serve Notices to Complete under the provisions of the Housing Act 1985 (Section 140 and 141)

and agree any extensions of time as appropriate to the circumstances. CRS624E

To employ a bailiff as and when necessary in order to recover rents. CRS625E To make complaints to a magistrates’ court to seek orders relating to any matter in respect of which

the Council is empowered to act. CRS626E

To take any decision or any action to protect the Council’s interests or which is calculated to facilitate, or is conducive or incidental to, the carrying out or performance of Members’ instructions as expressed in the Minutes of Council and Committee decisions.

CRS627CE

Corporate & Regulatory Services Manager - Democratic Services

To carry out the necessary administrative functions as required by the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 (as amended)

CRS628E

To carry out the functions required by the Local Government and Housing Act 1989 with respect to the Constitution of Committees and Group arrangements.

CRS629C

Under Sections 16 and 17 of the Local Government and Housing Act 1989, the power to appoint Members to sit on specific sub-committees established by the Licensing Panel, if necessary without such appointments being in accordance with the principles of political balance by reason of the non-availability of any Member through illness or any other cause whatsoever, including that of having a “prejudicial interest” in a matter to be dealt with (as defined in the Code of Conduct for Members).

CRS630C

Officer Delegation Delegation Number To take any decision or any action to protect the Council’s interests or which is calculated to

facilitate, or is conducive or incidental to, the carrying out or performance of Members’ instructions as expressed in the Minutes of Council and Cabinet decisions.

CRS631CE

Corporate & Regulatory Services Manager - Environmental Health

To implement the provisions of the Public Health Acts, Local Government (Miscellaneous Provisions) Acts, Building Act 1984 and Environmental Protection Act 1990 to eliminate statutory nuisances.

CRS632E

Employ veterinary surgeons and other advisory officers as necessary in pursuance of the exercise of the Council’s registration and licensing functions

CRS633E

To implement the provisions, including the service of all relevant notices and orders of the Food Safety Act 1990 (as amended) and: any subsequent legislation relating to the Council’s statutory responsibility in respect of food safety:

(a) any Orders or Regulations made thereunder or relating to the foregoing or having effect by virtue of the European Communities Act 1972, and

(b) any modification or re-enactment of the foregoing.

CRS634E

To authorise officers to act on matters arising whilst performing their duties in accordance with the Food Hygiene (England) Regulations 2006 and the Official Feed and Food Controls (England) Regulations 2007.

CRS635E

To act in such matters as specified by the Local Government (Miscellaneous Provisions) Act 1976 - Section 33 - Restoration or Continuation of Supply of Water, Gas or Electricity and in particular:-

(a) negotiate terms with owners, occupiers and statutory undertakers; (b) pay accounts both for supplies and for the restoration of services where necessary; (c) serve demands for payments; and (d) serve notice on tenants and other occupiers under Section 33(4) requiring rent to be paid to

the Council in settlement of the said accounts

CRS636E

To implement the provisions of the Anti-Social Behaviour Act 2003, Part 8, in respect of the control and enforcement high hedges.

CRS637E

Officer Delegation Delegation Number To implement the provisions of the Environmental Protection Act 1990 (stray dogs) and of the

Dangerous Dogs Act 1991. CRS638E

To implement the provisions of the Public Health (Control of Diseases) Act 1984, in respect of Welfare Burials.

CRS639E

Management and enforcement regarding unauthorised Traveller encampments on private land; and return of Gypsy Census statistics.

CRS640E

To carry out the functions as required by the Health and Safety (Enforcing Authority) Regulations 1989 and to approve, on behalf of the Council, the transfer of enforcement responsibility for any particular premises from the Health and Safety Executive to the Council or vice versa by mutual consent.

CRS641E

To act under Part III of the Food and Environmental Protection Act 1985 and under the Control of Pesticides Regulations 1986.

CRS642E

To implement the statutory responsibilities of the council in respect of noise nuisance and pollution including the provisions of the Noise Act 1996, the Noise and Statutory Nuisance Act 1993, the Clean Air Acts 1956, 1961 and 1993, the Control of Pollution Act 1974, the Control of Pollution (Amendment) Act 1989, the Pollution Prevention and Control Act 1999, the Environmental Protection Act 1990 and the Environment Act 1995 and attendant Regulations and Orders so as to eliminate or minimise instances of environmental pollution.

CRS643E

To implement and enforce the provisions of the Clean Neighbourhoods and Environment Act 2005 and any subsequent amending legislation.

CRS644E

To implement and enforce the provisions of the Anti Social Behaviour Act 2003. CRS645E To implement and enforce the provisions of the Caravan Sites and Control of Development Act

1960. CRS646E

To issue all Authorisations under the provisions of the Environmental Protection Act 1990 for Schedule B industrial processes and the subsequent amendment and variation of these Authorisations.

CRS647E

To implement the provisions of the Environmental Protection Act 1990 and any subsequent amendments to the legislation or duties of the local authority.

CRS648E

To implement as required the provisions of Section 80 of the Water Industry Act 1991. CRS649E To enforce the statutory provisions relating to the health, safety and welfare of persons employed in

offices and shops and the granting of exemptions. CRS650C

Officer Delegation Delegation Number To enforce the provisions of the Health and Safety at Work Act 1974 and any Orders or

Regulations made thereunder or relating thereto and any modification or re-enactment thereof. CRS651C

To implement and enforce the provisions of the Health Act 2006 with regard to smoke-free premises and vehicles including the issuing of fixed penalty, authorising prosecutions or other court actions.

CRS652E

To appoint a Clinical Officer to carry out the functions conferred or imposed under Section, 47, National Assistance Act and Section 1, National Assistance (Amendment) Act 1951

CRS653E

To implement and enforce the provisions of the Sunbeds (Regulations) Act 2010 CRS654E Corporate & Regulatory Services Manager – Street Scene Enforcement

To authorise the removal of abandoned and/or untaxed vehicles in accordance with the appropriate statutory provisions.

CRS655E

To serve notices under the Prevention of Damage by Pests Act 1949 CRS656E Corporate & Regulatory Services Manager – Licensing

Authorise the Licensing Manager to prosecute, defend and appear in Licensing prosecutions and proceedings before a magistrates’ court.

CRS657CE

Employ veterinary surgeons and other advisory officers as necessary in pursuance of the exercise of the Council's registration and licensing functions.

CRS658E

To make arrangements for carnival events:- (a) to collect money by tins at all events; (b) to play a barrel organ in various streets and collect money as above; and (c) to use loudspeakers and amplifying equipment at events during the week.

CRS659E

Be authorised to take action under the following provisions of the Local Government (Miscellaneous Provisions) Act 1976 in relation to the licensing of hackney carriage and private hire vehicles, drivers and operators:- (a) Inspection of Licences, Records and Suspension of Licences.

CRS660E

Officer Delegation Delegation Number (b) Testing and Inspection of Vehicles. (c) Return of Identification Plate or Disc. (d) Fitness of Vehicles.

Under the Licensing Act 2003:- (a) To deal with applications for personal licences where no objection is made; (b) To deal with applications for premises licences/club premises certificates, applications for

provisional statements and applications to vary premises licences/club premises certificates where no relevant representation is made

(c) To deal with applications to vary designated premises supervisors, applications for transfers of premises licences and applications for interim authorities where there is no Police objection.

(d) To deal with requests to be removed as designated premises supervisors and decisions on whether a complaint is irrelevant, frivolous, vexatious etc in all cases.

CRS661E

Responsibility for all applications, registrations and enforcement regarding Sunday Trading laws. CRS662CE To take any necessary action with a view to preventing the holding of any unlicensed pay parties

within the district and to authorise such action. CRS663E

To serve Notice of Intention to make Closing, Variation and Revocation Orders to enable the Council to control the hours of food take-away premises, pursuant to Sections 4-6 of the Local Government Act 1982.

CRS664E

All functions and responsibilities under the terms of the Gambling Act 2005. CRS665E Corporate & Regulatory Services Manager - Land Charges

Maintain the Land Charges database and process legal searches.

CRS666E

Corporate & Regulatory Services Manager – Monitoring Officer

Appointed as Proper Officer for the purposes of receiving applications for dispensation pursuant to section 33(1) of the Localism Act 2011.

CRS667C

Officer Delegation Delegation Number In consultation with the Chief Executive to grant dispensations to Members pursuant to section

33(2) of the Localism Act 2011 to speak only or to speak and vote where:

(i) so many members of the decision-making body have disclosable pecuniary interests in a matter that it would impede the transaction of the business; or

(ii) without a dispensation, no member of the executive would be able to participate on a particular item of business.

CRS668C

Appointed to receive complaints relating to alleged breaches of the adopted Code of Conduct and to process complaints in accordance with the adopted Arrangements for dealing with Code of Conduct Complaints.

CRS669C

Power to appoint Members of the Standards Committee to the Standards (Assessment)Sub Committee and the Standards (Hearings) Sub Committee

CRS670C

Financial Services Manager and Deputy Section 151 Officer

To make all arrangements (contractual or otherwise) for the effective delivery of services and Corporate Plan Projects within the remit of the post (and within approved policies and budgets), and in accordance with the duties imposed on the Council through acts of parliament, statutory instruments, codes of practice, guidance and case law, including the following areas:

(a) Accountancy - General Fund and HRA (b) Treasury Management (c) External Funding (d) Income and Payments (e) Insurances (f) VAT

FIN701E

Strategic Operational Development Manager

To make all arrangements (contractual or otherwise) for the effective delivery of services and Corporate Plan Projects within the remit of the post (and within approved policies and budgets), and in accordance with the duties imposed on the Council through acts of parliament, statutory instruments, codes of practice, guidance and case law, including the following areas:

(a) Business Information & Improvement (b) Policy & Business Planning (c) Business Transformation and Options

SD801CE

Officer Delegation Delegation Number Authority to manage the co-ordination of information requests pursuant to the Freedom of

Information Act 2000 and the Environmental Information Regulations 2004

SD802E

Clinical Director (Health Protection Agency)

National Assistance Act 1948 - Section 47 and National Assistance (Amendment) Act 1951 - Section 1. To secure the necessary care and attention for persons who: (a) are suffering from grave chronic diseases or (b) being aged, infirm or physically incapacitated and living in insanitary conditions; and (c) are unable to devote to themselves and are not receiving from other persons proper care and

attention Such authority to vest in the following authorised deputies in the absence of the Consultant in Communicable Disease Control: (a) Consultant in Communicable Disease/Health Protection Such other doctors authorised to act as deputies in the absence of the above

HPA901E

4. OFFICERS AUTHORISED TO EXERCISE SPECIFIED DELEGATIONS ON BEHALF OF DIRECTORS AND NAMED OFFICERS An officer with delegated powers may authorise the exercise of such delegated powers to any officer who is a direct report provided such authorisation is recorded in writing and entered into a register maintained by the relevant director in respect of their directorate.