Decision Making
Chapter 13: Detailed Responsibility for Functions List
Section 13.1: Introduction
Local Authority Functions are split between Executive Functions which are the responsibility of the Mayor and Executive and then Non-Executive Functions which are the responsibility of Council and its Committees.
Most Council business is classified as ‘Executive’. Non-Executive functions derive from specific legislation and cannot be the responsibility of the Executive. The Council is required to set out where there are delegations of Council functions to Committees and officers. Where the delegation is to be exercised by a Committee/Officer, the matters reserved to the Committee are specified in the relevant Committee’s functions and terms of reference set out in Part E of this constitution.
These functions derive from specific legislation. When changes to legislation require it, the Monitoring Officer will update the Council Functions’ Section as necessary.
Note that the tables only includes those functions applicable to a London Borough Council. Where two or more posts are listed either post can take the decision unless otherwise stated.
Section 13.2: Table of Functions
Subsection 13.2.1:
1A. Functions relating to Town and Country Planning
Function | Provision of Act or Statutory Instrument | Delegation of Function |
|---|---|---|
1 - | - | - |
2- | - | - |
3- | - | - |
4- | - | - |
5. Power to determine application for planning permission. | Sections 70(1)(a) and (b) and 72 of the Town and Country Planning Act 1990 | Strategic Development and Development Committees/ Corporate Director, Housing and Regeneration |
6. Power to determine applications to develop land without compliance with conditions previously attached. | Section 73 of the Town and Country Planning Act 1990. | Strategic Development and Development Committees/ Corporate Director, Housing and Regeneration |
7. Power to grant planning permission for development already carried out. | Section 73A of the Town and Country Planning Act 1990. | Strategic Development and Development Committees/ Corporate Director, Housing and Regeneration |
1. B - Licensing and Registration Functions
Function | Provision of Act or Statutory Instrument | Delegation of Function |
|---|---|---|
1. Power to issue licences authorising the use of land as a caravan site ("site licences"). | Section 3(3) of the Caravan Sites and Control of Development Act 1960 | Corporate Director, Communities |
2. Power to license the use of moveable dwellings and camping sites. | Section 269(1) of the Public Health Act 1936 | Corporate Director, Communities |
6. Power to register pool promoters. | Schedule 2 to the Betting, Gaming and Lotteries Act 1963 as saved for certain purposes by article 3 (3) (c) of the Gambling Act 2005 (Commencement No 6 and Transitional Provisions) Order 2006 (hereafter called the Gambling Act Order).[This area of law is now governed by the Gambling Act 2005] | If objection - Licensing Committee If no objection - Corporate Director, Communities |
7. Power to grant track betting licenses | Schedule 3 to the Betting, Gaming and Lotteries Act 1963 as saved for certain purposes by article 3 (3) (d) and 4 of the Gambling Act Order.[This area of law is now governed by the Gambling Act 2005] | If objection - Licensing Committee If no objection - Corporate Director, Communities |