Committee details

2.5.1

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.

2.5.2

The Committee is authorised in respect of the functions referred to in paragraphs 2.5.3 and 2.5.8 below:-

(a)

to introduce, make, review, amend or revoke any order, rules or bye-law or give any direction or notice.

(b)

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.

(c)

to take any other steps in relation to any of the functions which the Committee may consider necessary or desirable.

2.5.3

Functions referred to in 2.5.2 above are -

(a)

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.

(b)

To determine any Masterplan that is submitted to become Supplementary Guidance.

(c)

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.

(d)

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.

(e)

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.

(f)

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.

(g)

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.

(h)

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.

2.5.4

Functions referred to in 2.5.2 above are functions under various public protection legislation including:-

-

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

2.5.5

The regulatory functions of the Council under the Road Traffic Regulation Act 1984 and Roads (Scotland) Act 1984.

2.5.6

The functions of the Council under the Criminal Justice and Public Order Act 1994.

2.5.7

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.

2.5.8

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.