Functions relating to Town and

Country Planning and Development Control

Provision of Act or Statutory Instrument

1.

Power to determine applications for planning permission

Section 70(1)(a) and (b) of the Town and Country Planning Act 1990

2.

Duty to determine conditions to which old mining permissions, relevant planning permissions relating to dormant sites or active Phase I or II sites, or mineral permissions relating to mining sites, as the case may be, are to be subject

Paragraph 2(6)(a) of Schedule 2 to the Planning and Compensation Act 1991, (paragraph 9(6) of Schedule 13 to the Environment Act 1995 and paragraph 6(5) of Schedule 14 to that Act

3.

Powers to grant or refuse planning permission for development without complying with conditions to which previous planning permission is subject

Section 73 of the Town and Country Planning Act 1990

4.

Power to grant planning permission for development already carried out

Section 73A of the Town and Country Planning Act 1990

5.

Duties relating to the making of determinations of planning applications

Sections 69, 76 and 92 of the Town and Country Planning Act 1990 and Articles 8, 10 to 13, 15 to 22 and 25 and 26 of the Town and Country Planning (General Development Procedure) Order 1995

6.

Power to determine application for planning permission made by a local authority, alone or jointly with another person

Section 316 of the Town and Country Planning Act 1990 and the Town and Country Planning General Regulations 1992 

7.

Power to make determinations, give approvals and agree certain other matters relating to the exercise of permitted development rights

Parts 6, 7, 11, 17, 19, 20, 21 to 24, 26, 30 and 31 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995

8.

Power to issue a certificate of existing or proposed lawful use or development

Sections 191(4) and 192(2) of the Town and Country Planning Act 1990

9.

Power to serve a planning contravention notice, breach of condition notice or stop notice

Sections 171C, 187A and 183(1) of the Town and Country Planning Act 1990

10.

Power to issue a temporary stop notice

Section 171E of the Town and Country Planning Act 1990

11.

Power to issue an enforcement notice

Section 172 of the Town and Country Planning Act 1990

12.

Power to grant listed building consent

Section 16(1) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990

13.

Power to grant conservation area consent

Section 16(1) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990, as applied by section 74(3) of that Act

14.

Power to determine applications for hazardous substances consent, and related powers

Sections 9(1) and 10 of the Planning (Hazardous Substances) Act 1990

15.

Power to require proper maintenance of land

Section 215(1) of the Town and Country Planning Act 1990

16.

Power to dispense with duty to replace trees

Section 206(2) of the Town and Country Planning Act 1990

17.

Power to enforce duty to replace trees

Section 207 of the Town and Country Planning Act 1990

18.

Power to dispense with duty to replace trees in conservation areas

Section 213(2) of the Town and Country Planning Act 1990

19.

Power to enforce duty to replace trees in conservation areas

Section 213(3) of the Town and Country Planning Act 1990

20.

(a)

Power to grant consent under a tree preservation order

Paragraph 7 of the Schedule to the Trees Regulations 1999

(b)

Power to make and confirm a tree preservation order

Sections 199 and 201 of the Town and Country Planning Act 1990

21.

Power to give directions as to the replanting of land

Paragraph 8 of the Schedule to the Trees Regulations 1999

22.

Power to require information as to interests in land

Section 330 of the Town and Country Planning Act 1990

23.

Power to apply for an injunction restraining a breach of planning control

Section 187B of the Town and Country Planning Act 1990

24.

Power to authorise entry on to land

Section 196A of the Town and Country Planning Act 1990

25.

Duties relating to applications for listed building consent and conservation area consent

Sections 13(1) and 14(1) and (4) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) and regulations 3 to 6 and 13 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990

26.

Power to serve a building preservation notice, and related powers

Sections 3(1) and 4(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990

27.

Power to issue enforcement notice in relation to demolition of [listed] building in conservation area 

Section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990

28.

Power to issue a listed building enforcement notice

Section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990

29.

Power to apply for an injunction in relation to a listed building

Section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990

30.

Powers to acquire a listed building in need of repair and to serve a repairs notice

[Sections 47 and 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990

31.

Power to execute urgent works to a listed building

Section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990

32.

Power to revoke or modify any listed building consent

Section 23(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990

33.

Power to determine whether prior approval is required to the sitting and appearance of Telecommunications Code System Operators' apparatus

Schedule 2 Part 24 General Permitted Development Order 1995

34.

Power to screen applications and issue a screening opinion

Town and Country Planning (Environmental Impact Assessment) Regulations 1999

35.

Duty to give notice, etc of applications for planning permission

Town & Country Planning Act 1990 Sections 65 to 68

36.

Power to enter into agreement regulating development of use of land

Town & Country Planning Act 1990 Section 106

37.

Power to enter into agreement for the execution of highway works

Highways Act 1980 Section 278

38.

Power to authorise stopping up or diversion of highway

Section 247 of the Town and Country Planning Act 1990

39.

Power to serve a completion notice

Town and Country Planning Act 1990 Section 94(2)

40.

Power to require the discontinuance of a use of land

Town and Country Planning Act 1990 Section 102

41.

Power relating to the protection of important hedgerows

Hedgerows Regulations 1997

42.

Power relating to high hedges remedial notices and to authorise entry onto land

Anti - Social Behaviour Act 2003 Part 8

43.

Obtaining particulars of persons interested in land

Section 16 Local Government (Miscellaneous Provisions) Act 1976

44.

Power to extinguish public right of way over land acquired for clearance

Section 294 of the Housing Act 1981

45.

Determining whether a charge should be made for any approval or consent etc, including the function of determining the amount unless the function is a Cabinet function

46.

Power to enforce all other statutory requirements arising from the exercise of functions delegated to the Board and to authorise legal proceedings