South Planning Applications Committee (Wards 11-21)
Tasks and responsibilities
The remit of the South Planning Applications Committee (SPAC) is as follows:
- To exercise delivery of the development management and enforcement functions under the Town and Country Planning (Scotland) Act 1997 (as amended) where such functions and powers: (i) are not reserved to the Highland Council; (ii) are not reserved to the Economy and Infrastructure Committee and (iii) are not delegated to Officers or where Officers have declined to exercise their delegated powers.
- To receive reports on Proposal of Application Notices for national development (as designated by s3A(4)(b) of the Town and Country Planning (Scotland) Act 1997 (as amended) and major developments (designated as such by s26A(2) of the Town and Country Planning (Scotland) Act 1997 to allow Members to comment on issues related to the proposed developments (but not to discuss the merits or otherwise of the proposed developments).
- 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 Chair and Vice Chair of the Committee.
- In relation to the High Hedges (Scotland) Act 2013, and unless otherwise reserved by The Highland Council or to the Planning, Development and Infrastructure Committee or delegated to Officers:
- To determine, under Section 6, whether or not to take action following an application for a high hedge notice (and to specify what action, if any, should be taken);
- To determine whether or not to vary and/or withdraw a high hedge notice under Section 10 of the Act;
- To determine, in relation to an application determined by a Planning Applications Committee, whether the Council wishes an appeal to Scottish Ministers to be dealt with by way of Written Submissions, a Hearing or by Public Local Inquiry (or any means of determination available to Scottish Ministers);
- To instruct the reporting of any offence under the High Hedges (Scotland) Act 2013 to the Procurator Fiscal;
- To exercise any power normally delegated to Officers but where Officers have declined to exercise their delegated powers in relation to a particular matter or application.
All of the powers and duties of the Economy and Infrastructure Committee contained in 1 - 9 above, the powers in 7 being fully delegated.
Further details of the terms of reference and the powers and duties delegated to the Committee are set out in the Council's Scheme of Delegation.