Planning Applications Committees
From the Planning, Environment and Development Committee and from Council
- To exercise delivery of the development management and enforcement functions under the Town and Country Planning (Scotland) Act 1997 (as amended) and the Planning etc (Scotland) Act 2006, where such functions and powers are not delegated to Officers or where Officers have declined to exercise their delegated powers, and with the exception of (i) applications for planning permission falling within the category of ‘national development’ (as designated by s3A(4)(b) of the Town and Country Planning (Scotland) Act 1997 (as amended); (ii) applications for planning permission falling within the category of ‘major developments’ (as designated by s26A(1)(b)&(2) of the Town and Country Planning (Scotland) Act 1997 (as amended) which are considered to be significantly contrary to the development plan; and (iii) applications made under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended) which relate to developments falling within the category of ‘national development’ or ‘major developments’ and where the subject planning permission was granted by either the Planning, Environment and Development Committee or the Highland Council.
- To exercise building standards functions under the Building Standards (Scotland) Act 2003 (as amended) where such functions and powers are not delegated to Officers or where Officers have declined to exercise their delegated powers
- To exercise the statutory functions of the Planning Authority as set out in the Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997 (as amended) and the Planning (Hazardous Substances)(Scotland) Act 1997 (as amended) where such functions and powers are not delegated to Officers or where Officers have declined to exercise their delegated powers
- To consider all proposals on behalf of the Council in relation to Part 6 (Enforcement), Part 7 (trees, amenity and advertisements) and Part 12 (Crown Land) all as set out in the Town & Country Planning (Scotland) Act1997 (as amended).
- To respond to consultations from Scottish Ministers on energy developments under the Electricity Act 1989 (including those relating to s36 and s37 applications), unless otherwise delegated to Officers.
- To exercise the responsibilities in respect of the repair of buildings under Section 87 of the Civic Government (Scotland) Act 1982 and in respect of planning and building certificates under the Licensing (Scotland) Act 1976.
- To appoint the Chairman and Vice Chairman of the Committee
All of the powers and duties of the Planning Environment and Development Committee contained in 1 - 7 above the powers in 7 being fully delegated.
Highland Licensing Committee
a) To oversee the functions of the Council as licensing authority under the
Civic Government (Scotland) Act 1982 (the ‘1982’ Act)
b) To carry out consultations on behalf of the Council under the 1982 Act
c) To formulate and approve policy and approve standard conditions to which
licences granted under the 1982 Act will general be subject
d) To set fees and charges applicable to applications for licences under the
e) To approve or otherwise on behalf of the Council proposals in relation to
contracts for service in relation to the Council’s obligations in terms of the
f) To oversee the functions of the Council as the authority responsible for
preparing and maintaining a register of private landlords under Part 8 of the
Antisocial Behavious etc (Scotland) Act 2004 (the 2004 Act)
g) To oversee the functions of the Council as the authority responsible for the
licensing of houses in multiple occupation under Part 5 of the Housing
(Scotland) Act 2006 (the ‘2006’ Act)
h) To formulate and approve standard conditions to which licences under the
2006 Act will generally be subject
i) To set fees applicable under Section 161 of the 2006 Act
2. To exercise full delegated powers, where not otherwise delegated to Officers, in respect of the following –
a) To consider and determine applications for licences and exemptions under
the 1982 Act and, in granting such licences (i) to impose the standards
conditions approved under Paragraph 1.3 subject to such variations as are
considered appropriate and (ii) to impose additional conditions were
b) To order the suspension of licences held under the 1982 Act, to determine
the duration of any such suspension and to recall suspension orders
c) To conduct Hearings in respect of licences under the 1982 Act
d) To refuse or remove registration from private landlords or agents under Part
8 of the 2004 Act and to approve the service of rent penalty notices under
Part 8 of that Act
e) To consider and determine applications for licences, relaxations and
exemptions under Part 5 of the 2006 Act
f) To conduct Hearings in terms of Part 5 of the 2006 Act
g) To consider and determine applications for Dispensation in terms of the
Fireworks (Scotland) Regulations 2004.
3. From the Finance, Housing and Resources Committee
To exercise full delegated powers, where not otherwise delegated to Officers, in respect of the following –
a) To consider and determine applications for the approval of places for civil
marriages under the Marriage (Scotland) Act 1977 (the ‘1977’ Act) and, in
granting such approvals (i) to impose the standard conditions approved by
the Finance, Housing and Resources Committee subject to such variations
as are considered appropriate and (ii) to impose additional conditions where
b) To order the revocation, suspension or variation of an approval held under
the 1977 Act
c) To set fees and charges applicable in terms of the 1977 Act.
Planning Review Body
Powers Delegated from the Council
To exercise full delegated powers on behalf of the Council in fulfilment of the provisions of the Planning etc (Scotland) Act 2006 to review, at the request of the applicant:
- Any application (as defined in Regulation 2(2) of the Town & Country Planning (Hierarchy of Developments) (Scotland) Regulations (2009) refused by the appointed Officer;
- Any condition attached to an application (as defined above) approved by the appointed Officer; or
- Any application (as defined above) that has not been determined by the appointed Officer within the period allowed for determination of the application.
Powers Delegated from the Council
1.1 To appoint the Leader of the City/Area, responsible for the running of the Committee and the management of its functions.
1.2 To work with partners to achieve the effective promotion and future prosperity of the area including tourism and the delivery of efficient and effective services to its citizens.
1.3 To develop and work in partnership with Community Planning partners, including Community Councils, as appropriate, to achieve a co-ordinated approach to the provision of services and to deliver the objectives of the Highland Public Services Partnership.
1.4 To scrutinise and monitor the local delivery of services, within approved resources and strategy.
1.5 To monitor the delivery of Capital Projects within the local area, as agreed within the Council’s Capital Programme.
1.6 To approve delegated local functions e.g. Road Traffic Orders.
1.7 To champion local initiatives which promote and support the traditional languages, heritage and culture of the Highlands.
1.8 To ensure that all decisions taken are within the terms of the legislation governing the work of the Council and the approved Scheme of Delegation to Committees and Officers.
2.1 To consider any proposals made by Council Services to review service delivery, other than annual revenue budget proposals, which would have a materially significant impact on the City/ Area.
2.2 To work in partnership to facilitate opportunities for inward investment, regeneration and economic development of the Area.
2.3 To allocate and monitor expenditure from agreed funds e.g. Community Challenge Fund and Deprived Area Fund.
2.4 To monitor the status of building projects and environmental works in the agreed Capital and maintenance programmes.
2.5 To recommend to Council any proposals for Business Improvement Districts.
2.6 To monitor the local delivery of the transport strategy and the performance of Quality Bus Partnerships.
2.7 To approve maintenance programmes for roads and bridges within the City/ Area and the budget and strategy agreed by Council.
2.8 To approve the winter maintenance plan within the strategy and budget allocated by TECS Committee.
2.9 To approve local levels of service for grounds maintenance, street cleaning and public conveniences within the budget and strategy agreed by the TECS Committee.
2.10 To approve local initiatives to encourage waste minimisation, reduce litter and increase recycling within the strategy and budget agreed by TECS Committee.
2.11 To consider the content of and approve Development Briefs and Master Plans (with the exception of those prepared as statutory Supplementary Guidance) relating to land within their geographic area. In the case of Development Briefs and Master Plans relating to land within their geographic area and prepared as statutory Supplementary Guidance, to consider their content and recommend them to PED Committee for adoption.
2.12 To monitor progress in the implementation of Local Development Plans in general, consider the content of Local Development Plans applicable to their geographic area that are being prepared or reviewed in accordance with the Development Plans Scheme and submit representations and recommendations on those LDPs to the PED Committee.
2.13 To deal with requests for and make nominations/ appointments to local outside bodies not covered by the Council or Strategic Committees e.g. Local Access Forums.
2.14 To consider annual reports on local outside bodies (public/ voluntary sector) as appropriate.
2.15 To administer Common Good Funds and the property assets owned by the Common Good Funds and local trusts (as required and within agreed Council policy).
2.16 To agree the naming of buildings and streets within the Council’s control.
2.17 To co-ordinate the work of the Ward Forums in relation to City/ Area-wide issues.
2.18 To facilitate and, where appropriate, make arrangements in relation to Town Twinning and ceremonial matters.
2.19 To undertake reviews of local community transport schemes, as approved by TECS Committee.
2.20 To approve local Safer Routes to Schools projects within the strategy and budget agreed by TECS Committee.
2.21 To agree any Bye-Laws and Management Rules etc and their amendment or review.
2.22 To agree Road Traffic Orders, where there are statutory objections and the layouts for local Traffic Management Schemes requiring statutory consents.
2.23 To make recommendations on the deletion and adoption of roads to TECS Committee.
2.24 To review Core Path Plans and make recommendations to the PED Committee.
2.25 To identify property which is non-operational or which may be declared surplus to requirements for referral to Asset Management Project Board.
2.26 To monitor the local delivery of the Highland Play Strategy as agreed by the Adult and Children’s Services Committee.
2.27 To support local youth forums and to promote the engagement of young people in local democracy.
2.28 To monitor the local delivery and outcomes from Curriculum for Excellence including performance of schools.
2.29 To monitor local housing performance in relation to voids, arrears, maintenance and prevention of homelessness.
3. City of Inverness Area Committee Only
3.1 To appoint the Provost and Depute Provosts of Inverness.
3.2 To receive annual reports on the following companies, including financial reports and accounts – Inverness Business Improvement District Ltd, Inverness City Heritage Trust and Destination Loch Ness.
3.3 To work with partners to realise the “Inverness City Vision” including identification of opportunities for development within the City (including assets within the ownership of the Common Good Fund) and, where appropriate, implementation of action plans.
Gaelic Implementation Group
Powers Delegated from the Council
To promote and support the indigenous Gaelic language, heritage and culture of the Highlands and to oversee the implementation of the Council’s Gaelic Language Plan.
2.1 To monitor, scrutinise and promote the implementation of the Council’s Gaelic Language Plan.
2.2 To work with the Gaelic development agencies in promoting, developing and sustaining the Gaelic language, heritage and culture in the Highlands.
2.3 To liaise with Bòrd na Gàidhlig on the strategic development of the language.
2.4 To work with the Scottish Government and the Parliament in relation to legislation relating to the Gaelic language.
2.5 To monitor the implications of legislation in respect of the Gaelic language and advise the Council of its impact across the Highlands.
2.6 To oversee the links between the Council and the Provincial Government of Nova Scotia as set out in the Memorandum of Understanding.
Powers and duties delegated to the Committee
All of the powers and duties of the Council specified in 1 to 2.6 above, other than those specifically reserved under Part 1 of this Scheme.