2.5.1
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Subject to the
provisions of this Scheme and what is set out below, the Committee is
authorised to discharge the powers and duties of the Council in relation to
any of the undernoted regulatory and similar functions of the Council.
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2.5.2
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The Committee is
authorised in respect of the functions referred to in paragraphs 2.5.3 and
2.5.8 below:-
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(a)
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to introduce,
make, review, amend or revoke any order, rules or bye-law or give any
direction or notice.
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(b)
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to determine any
application for any permission or licence (including the holding of any
hearing which may be required arising from any statute, statutory regulation
or administrative procedure of the Council) and the enforcement of the
relevant legislation in respect of the Council’s functions in relation
thereto.
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(c)
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to take any other
steps in relation to any of the functions which the Committee may consider
necessary or desirable.
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2.5.3
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Functions referred
to in 2.5.2 above are -
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(a)
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To enable the PPSL to determine applications which have
been subject to a pre-determination hearing for
(1)
a major development which would be a
significant departure from the development plan or
(2)
a National development to align with
alteration in legislation removing requirement for these to be determined by
Full Council.
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(b)
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To determine any Masterplan that is submitted to become
Supplementary Guidance.
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(c)
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To determine applications for planning permission defined
in the Town and Country Planning (Hierarchy of Development) (Scotland)
Regulations 2019 as “local developments”, which are not otherwise delegated
to the Executive with responsibility for /Development and Economic Growth ie (1) where there has been a significant body of
objections ie more than 10 individual objections on
planning, policy or land use grounds,
(2) or where the application is one which is required by legislation
or regulation to be determined by the
Committee.
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(d)
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To determine applications not falling under the ambit of
Section 43a of the Planning Etc (Scotland) Act 2006
eg [Listed Building Consent, Conservation Area
Consent, Hazardous Substance and Advertisement Consents] where there have
been a significant body of objections ie more than
10 individual objections on planning policy or land use grounds.
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(e)
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To determine the imposition of a Fixed Penalty Notice
under the Planning Etc (Scotland) Act 2006 Section
25 and temporary stop notices under Section 26.
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(f)
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To determine whether to take enforcement action on any
matters on which the Executive Director with responsibility for /Development
and Economic Growth has decided not to exercise his/her delegated authority.
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(g)
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To determine all consultative applications and assessments
of a technical nature including to raise objections where the Executive
Director with responsibility for /Development and Economic Growth has decided
not to exercise his/her delegated authority to determine them.
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(h)
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To undertake, either as a committee or sub
committee, the preparation for and determination of any application
which is subject to a local review entitlement ie a
local application where the decision has been made by an officer.
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2.5.4
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Functions referred
to in 2.5.2 above are functions under various public protection legislation
including:-
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the Civic
Government (Scotland) Act 1982, the Gaming Acts, the Cinematography Acts and
other related or amended legislation
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the control,
investigation and mitigation of epidemic, endemic and infectious diseases and
related nuisances.
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food safety
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health and safety
and other legislation affecting public safety
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water quality,
environmental protection and pollution control
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caravan sites and
houses in multiple occupation
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animal health,
welfare and control, including pest and dog control
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consumer
protection, fair trading and trading standards
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poisons,
explosives, and petroleum
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2.5.5
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The regulatory functions of the Council under the Road
Traffic Regulation Act 1984 and Roads (Scotland) Act 1984.
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2.5.6
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The
functions of the Council under the Criminal Justice and Public Order Act 1994.
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2.5.7
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Applications for a
High Hedge Notice where the Head of Development and Economic Growth is
recommending that a Notice be issued under Section 6(5)3 of the High Hedges
Act 2013.
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2.5.8
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Any other power or
duty of the Council under any enactment in relation to the regulation of any
activity, or the protection of the public or sections of the public.
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