Determination of applications

SAB applications are determined by Officers under delegated powers.

Delegated Decisions

Normal Delegated Matters

Normal Delegated Matters are those applications or matters which are not required to be determined by the Delegated Panel (see 3 below). The Director of Environment, the Head of Engineering & Transport, Highway Development Control Manager and the two Highway Development Control Team Leaders (Senior Highway Development Engineers) are each granted Delegated Powers:

1. To determine all applications in respect of Schedule 3 of the Flood and Water Management Act 2010.
2. To authorise the issue of any enforcement action (with the exception of Enforcement Notices or Stop Notices) with respect to Schedule 3 of the Flood and Water Management Act 2010.
3. To authorise individual Officers to act as Inspectors/Authorised Officers/Enforcement Officers under legislation contained in the Flood and Water Management Act 2010 and associated orders and regulations under Schedule 3 as stated below:
   • The Sustainable Drainage (Approval and Adoption Procedure) (Wales) Regulations 2018
   • The Sustainable Drainage (Application for Approval Fees) (Wales) Regulations 2018
   • The Sustainable Drainage (Enforcement) (Wales) Order 2018
   • The Sustainable Drainage (Approval and Adoption) (Wales) Order 2018
   • The Sustainable Drainage (Appeals) (Wales) Regulations 2018
4. In consultation with the Head of Legal Services/solicitor to the Council, to institute legal proceedings on behalf of the Council in respect of any offence under the FWMA 2010.
5. Rights of Entry - to authorise rights of entry to relevant Officers in respect of the following legislation:
   • Flood and Water Management Act 2010, Schedule 3
   • The Sustainable Drainage (Approval and Adoption Procedure) (Wales) Regulations 2018
   • The Sustainable Drainage (Application for Approval Fees) (Wales) Regulations 2018
   • The Sustainable Drainage (Enforcement) (Wales) Order 2018
   • The Sustainable Drainage (Approval and Adoption) (Wales) Order 2018
   • The Sustainable Drainage (Appeals) (Wales) Regulations 2018
   • Highways Act 1980 – Section 293
   • Road Traffic Regulation Act 1984 – Section 71

Delegated Panel

The Delegated Panel shall determine applications/reports relating to the following matters:

• applications/matters where three or more objections are received on valid drainage grounds
• refusal of Applications (where officers are minded to refuse an application)
• developments in excess of 10 dwellings (either in full or outline) which do not already have the benefit of a live planning permission
• developments (either in full or outline) creating new floor space in excess of 1000 sq.m. in respect of industrial, agricultural, commercial or non-commercial buildings.
• authorisation to serve an Enforcement Notice or Stop Notice
• approval of Reserved Matters
• approval of Discharge of Conditions applications

The panel will be made up of three senior officers (the Head of Engineering and Transport and/or the Highway Development Control Manager – Engineering and Transport, plus two team leaders).