Officer Delegated Decisions

 

Officer Delegated Decisions

The Openness of Local Government Bodies Regulations 2014 require council officers to produce a written record of certain decisions they may take.

Part 3 of the Regulations specifically state: -

Recording of decisions

7.—(1) The decision-making officer must produce a written record of any decision which falls within paragraph (2).

(2) A decision falls within this paragraph if it would otherwise have been taken by the relevant local government body, or a committee, sub-committee of that body or a joint committee in which that body participates, but it has been delegated to an officer of that body either—

(a)       under a specific express authorisation; or

(b)       under a general authorisation to officers to take such decisions and, the effect of the decision is to—

(i) grant a permission or licence; 
(ii) affect the rights of an individual; or
(iii) award a contract or incur expenditure which, in either case, materially affects that relevant local government body’s financial position.

(3) The written record must be produced as soon as reasonably practicable after the decision-making officer has made the decision and must contain the following information—

(a)       the date the decision was taken;

(b)       a record of the decision taken along with reasons for the decision;

(c)        details of alternative options, if any, considered and rejected; and

(d)       where the decision falls under paragraph (2)(a), the names of any member of the relevant local government body who has declared a conflict of interest in relation to the decision.

(4) The duty imposed by paragraph (1) is satisfied where, in respect of a decision, a written record containing the information referred to in sub-paragraphs (a) and (b) of paragraph (3) is already required to be produced in accordance with any other statutory requirement.

Decisions Which Are Recorded

Decisions recorded will include those that: -

-          are outside of an approved budget;
-          conflict with the approved Budget and Policy Framework or other approved policies of the Council;
-          raise new issues of policy;
-          in the opinion of the Chief Executive, Chief Solicitor, Director or Assistant Director  are of such significance that their publication would ensure transparency and accountability  in Council decision making.

Specific examples of these decisions would include: -

-         Licensing applications:
-         Building Control decisions and notices;
-         Planning applications and Listed Building consents;
-         Changes to schedules of charges;
-         Tree Preservation Orders-    
-    
    Major road works

Decisions That Won’t Be Recorded Here

These decisions would include those that were within an approved budget or did not conflict with the approved Budget and Policy Framework or any other approved Council policy.  This section will also not include decisions that are already required to be produced in accordance with other statutory requirements or are day-to-day administrative and operational.  Other specific examples would include: -

-          decisions already taken by Members at Committee / Council;
-          decisions relating to business rate relief;
-          decisions around benefit claims;
-          Data Protection Act (GDPR) and Freedom of Information requests;
-          any decision that would disclose confidential or exempt information.  Details of which are set out in Part 4 of the Constitution (page 10).

Officer Delegated Decisions

Use the following links to view officer delegated decisions:-

Chief Executive / Director / Assistant Director Decisions

Planning / Building Control / Listed Building Decisions

Tree Preservation Orders

Licensing Decisions