Revision to Executive Managers - Areas of Responsibility

Record of Decision Taken by Kath Marriott on 8 March 2021

Authority for decision

Authority of the Chief Executive RBC constitution Part 3:

Functions of the Chief Executive as Head of Paid Service.

(j) in consultation with the Leader and the appropriate Cabinet member with responsibility for the service area concerned, to authorise the taking or carrying out of action, notwithstanding anything in the Council’s Standing Orders or Financial Regulations, where she considers that circumstances exist that make it expedient or necessary for action to be taken prior to the time when such action could be approved through normal Council procedures. A report on such action, and the circumstances justifying the exercise of the delegated powers, shall be made to the next meeting of the Cabinet or the Council as appropriate.

Decision

Due to unforeseen circumstances an amendment is required to the Scheme of Delegation, Executive Managers - areas of responsibility, Constitution part 3, Appendix 1 and Appendix 4. In particular, Executive Manager - Communities’ delegations to be undertaken by the Executive Manager - Transformation (planning-related functions) and Executive Manager Neighbourhoods (community-related functions) for a period from the 8 March 2021 to 31 May 2021 or until the return of Executive Manager Communities (whichever is sooner).

See amended Appendix 1 and Appendix 4 below.

Reasons for decision

The Executive Manager - Communities is unable to discharge his duties pursuant to scheme of delegations due to unforeseen circumstances.

Alternative options considered and rejected

Not applicable as to do nothing would impact on the Council’s ability to deliver services.

Conflicts of interest and any dispensation

None identified.

 

Monitoring Information

Key decision?

No.

Confidential/ Exempt (if yes, please state paragraph)?

No.

Do General Exception or Special Urgency Rules apply to this decision?

Yes.

Consultation has taken place with the Section 151 & Monitoring Officer?

Yes.

The Leader, Deputy Leader or relevant Portfolio Member have been consulted?

Yes.

 

Signed

Katherine Marriott

 

Appendix 1

Executive Managers – Areas of Responsibility

Monitoring Officer

• Complaints and Ombudsman liaison
• Constitution
• Ethical Standards

Executive Manager – Transformation

• Business support unit
• Customer services
• Corporate mail (incoming/outgoing)
• Capital works schemes and planned maintenance
• Construction and design
• Executive support
• Economic growth
• Energy efficiency
• Estates management
• Freedom of information Act
• Legal services, and advocacy
• Markets
• Management of footpath and bridleway diversions and creation orders under
• Property (acquisitions and disposals)2
• Performance of Buildings Directive
• Strategic asset management
• Statutory compliance in respect of: asbestos, legionella, DDA, Energy
• T&CPA Public Rights of Way1
• Transformation and Projects
• Strategic human resources
• Tree advice and landscaping
• Tree Preservation Orders
• Valuations and impairment review
• Conservation and design
• Determine Planning Applications (subject to Appendix 4)
• Development Control (subject to Appendix 4)
• Hedgerow regulation and protection
• Listed buildings
• Environment
• Planning Policy
• Planning and Transportation Policy
• Land availability – housing and employment
• Street naming and numbering
• Local land charges and local searches
• Environment
• Dangerous structures
• Demolition Control

 

Note: Executive Manager – Transformation

(1)

(a)    Ward Member(s) shall be consulted before commenting on proposals for diversions and other alterations to public rights of way.

(b)    Ward Member(s) shall be consulted before making any order relating to a public right of way and, in the event of any such Ward Members objecting, to consult the Cabinet before deciding whether to make the order.

(2)

The delegation in relation to the acquisition or disposal of land excludes the following:

(a)    where the consideration to be paid or received by the Council exceeds £25,000 in amount or value; and

(b)    in the case of disposal, where the consent of the Secretary of State would be required (unless a general consent applies), or where there is a requirement to advertise the disposal of open space land under Section 123(2A) of the Local Government Act 1972.

 

Executive Manager – Neighbourhoods

• Abandoned shopping and luggage trolleys - (Schedule 4 Environmental Protection Act)
• Authorisation of surveillance under RIPA
• Affordable homes
• Air quality management
• Animal welfare
• Anti-social behaviour
• Car parks and parking enforcement
• Choice Based Lettings
• Updated: January 2021
• Civil Contingency
• Community safety
• Contaminated land
• Contract Management
• Corporate Health and Safety
• Dog control
• Domestic violence
• Fleet management
• Food safety
• Emergency Planning and flood risk and prevention
• Health and safety at work enforcement
• Highway matters other than agency
• Houses in Multiple Occupation
• Housing advice and assistance
• Housing strategy
• Infectious diseases and food poisoning
• Land drainage
• Leisure facilities (partnerships)
• Leisure policy
• Licensing and registration functions (as set out in Appendix 2)
• Gambling functions (as set out in Appendix 3)
• Overcrowding
• Client function in relation to park maintenance, grass cutting and horticulture
• Pest control
• Pollution control
• Private sector housing (including Disabled Facilities Grants and Discretionary Grants)
• Public Health Statutory
• Nuisances
• Street trading consents including mobile snack bars on trunk roads
• Client function in relation to street sweeping and litter collection
• Waste management
• Water quality
• Arena facilities management
• Community partnership and development
• Contract management
• Halls, pavilions and other facilities
• Health development
• Health promotion
• Leisure Policy
• Home energy, conservation, arts and events
• Parks and playing fields
• Rushcliffe Country Park
• Sport development
• Environment
• Environment improvements
• To approve community grants in consultation with the Cabinet Portfolio Holder for Resources

 

Executive Manager – Finance and Corporate Services

• Administration of Housing and Council Tax Benefits
• Action to recover debts and to write off debts considered to be irrecoverable
• Collection and recovery of Business Rates
• Collection and recovery of Council Tax
• Communications
• Contract Management
• Data Protection
• Democratic Services
• Elections
• Electoral registration
• ICT infrastructure and software development
• ICT security and procurement
• Information systems strategy
• Mayor’s Office
• Payment of Housing and Council Tax Benefits
• Performance and Reputation
• Procurement
• Risk Management
• Strategic Finance

In consultation with the Cabinet Portfolio holder for Resources

(i)       approve hardship relief from rates and Discretionary Rate Relief for categories of relief falling outside of the Council’s policy on Discretionary Rate Relief and

(ii)      determine applications for a reduction of council tax under section 13A of Local Government Finance Act 1992.

 

Appendix 4

Executive Manager – Transformation

Planning and Growth

1.  Applications made under the following statutory provisions shall be referred to Planning Committee for decision or to make observations, as may be required, in the circumstances (a) to (f) set out below:

(a)      where, following consultation in accordance with the codes and protocols – guidance on planning application procedures, the executive manager – communities and ward Councillor(s) have different views

(b)      where the application has been submitted by the Council

(c)      where the application has been submitted by the County Council; except minor development relating to existing operational premises (e.g. school classrooms, fences, etc)

(e)      where the Council is being consulted by an adjoining authority on an application (except where a response is required prior to the next meeting of the Planning Committee)

(f)       where the application involves any Councillor or senior officer* as applicant or agent in consultation with the Chairman of Planning Committee.

(g)      where a ward Councillor declares an interest and has made a request for referral to Planning Committee in accordance with 2 below.

(h)      where a Section 106 planning agreement is required, unless the agreement relates to standard drainage requirements or the proposed agreement complies with the Council’s Supplementary Planning Guidance.

2.  A valid request that the application be referred to the Plans Committee for determination has been made by a ward Councillor(s) in accordance with this referral procedure.

Following a planning application being registered and made valid, officers will write to:

(i)     the ward Councillors of the ward where the application is,

(ii)    ward Councillors where part of the application site is in their ward,

(iii)    ward Councillors where the application site is immediately adjacent to or within 15 metres of the boundary of their ward. Ward Councillors where the application site is wholly or partly within the boundary of their ward may request that the application be referred to Planning Committee which would otherwise have been determined by the Executive Manager – Transformation under delegated authority.

3.  to consult ward Councillor(s) before making a Tree Preservation Order or serving a Building Preservation Notice, except where immediate action is required.

4.  to refer to Planning Committee any Tree Preservation Order where a valid objection has been received following the service of notice in accordance with the relevant Regulations.

5.  to refer to Planning Committee for decision any application to lop, top or fell trees included in a Tree Preservation Order where compensation may be payable if the application is refused.

6.  to refer to the Monitoring Officer/Borough Solicitor for determination applications for Certificates of Lawful Use or Development arising under section 191 of the Town and County Planning Act 1990.