Deputy chief executive - place
Head of housing and environment
(Housing delivery, housing needs, and environmental services)
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HEAD OF HOUSING AND ENVIRONMENT
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Function
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Consultation (where applicable)
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1.0 |
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1.1 |
Allocation management of housing accommodation.
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1.2 |
To be responsible for the annual review of the statutory homelessness strategy. |
Cabinet member for housing
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1.3 |
To discharge the council’s statutory responsibilities for homelessness under the housing legislation.
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1.4 |
To carry out statutory section 202 reviews under the Housing Acts 1996 Parts 6 and 7 in accordance with legislation and guidance.
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1.5 |
To keep and maintain a housing register.
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1.6 |
To exercise the council’s powers and duties under Housing Act 1996 Part VI (and the Localism Act 2011).
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1.7 |
To determine on application or otherwise whether any person should be placed on the housing register and amend or remove any such entry in appropriate circumstances and to review any decision not to place or to remove a person from the housing register. |
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1.8 |
To provide information to any person on the housing register relating to himself.
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1.9 |
To provide information about the council's allocation scheme to any member of the public.
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1.10 |
In exercising the allocation of housing functions mentioned above to notify all applicants and other relevant persons of all decisions made giving reasons where appropriate.
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1.11 |
To determine applications for accommodation / assistance by former agricultural workers under the rent (agriculture) legislation.
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1.12 |
To determine the allocation of dwellings to local people who have housing needs.
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1.13 |
To determine claims and authorise payments for home loss and disturbance.
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1.14 |
To serve statutory notices and take enforcement action relating to housing and associated matters for example prohibition orders, improvement notices, hazardous awareness notices and empty dwelling management orders.
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1.15 |
To enter into nomination agreements.
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2.0 |
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2.1 |
To exercise the powers conferred on housing authorities under the Regulatory Reform Order (Housing Assistance) (England & Wales) Order 2002 Article 3.
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2.2 |
To determine all applications for housing renewal and disabled facilities adaptations in accordance with the councils adopted policy.
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2.3 |
To recover monies secured by charge on sale of property or transfer of title deed in accordance with housing renewal policy applicable when application determined
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2.4 |
To exercise the powers and duties of the council under the national assistance legislation.
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3.0 |
HOUSING DEVELOPMENT |
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3.1 |
To determine applications from registered housing providers to waive the 80 per cent equity share restriction on shared ownership dwellings, on a case-by case basis, where such a restriction has been included within a section 106 planning agreement, and where the application meets the established criteria for granting the waiver.
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3.2 |
To determine continuous market engagement requests and confirm support to Homes England for both grant and nil-grant applications from registered housing providers, for the inclusion of affordable dwellings or developments within the national affordable homes programme.
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4.0 |
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4.1 |
To monitor and take all necessary action to enforce the provisions of the contract with any contractor relating to waste and street cleaning.
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Relevant cabinet member and head of legal and democratic in the case of legal proceedings only
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4.2 |
To authorise and serve any notices and take all necessary action relating to the removal of abandoned vehicles or other things. (S.3-8 RD(A)A 1978)
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4.3 |
To authorise the service of any Notices and take all necessary action relating to the council’s duties as a waste collection authority as set out in sections 45 and 46 of the Environmental Protection Act 1990 (as amended).
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4.4 |
To authorise and serve any notices and take all necessary actions relating to the council’s duties as a principal litter authority in accordance with section 89 of the Environmental Protection Act 1990 (as amended).
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4.5 |
To authorise an exemption for residents who wish to pay their annual subscription to the garden waste service by means other than direct debit.
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5.0 |
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5.1 |
To grant exclusive rights of burial and sign the necessary certificate
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6.0 |
LEGAL PROCEEDINGS
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6.1 |
To authorise the commencement, continuation, defence, discontinuance or settlement of any legal proceedings (other than High Court proceedings or above) relating to offences under the relevant council enforced legislation highlighted in sections 7.0 to 23.17 below.
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Head of legal and democratic |
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6.2 |
To exercise the council’s powers to gather evidence and investigate under the Police and Criminal Evidence Act 1984.
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7.0 |
HOUSING STANDARDS, HOUSING GRANTS AND MOBILE HOMES
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7.1 |
To exercise the council’s powers and duties under the Housing Act 1985 (as amended) and the Housing Act 2004, including determining all applications, licensing and registration functions, taking of enforcement action, service of notices, inspections, powers of entry, and appointment of inspectors.
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7.2 |
To exercise the council’s powers and duties under the Caravan Sites and Control of Development Act 1960 and the Mobile Home Act 2013 including determining all applications, licensing and registration functions, taking of enforcement action, service of notices, inspections, powers of entry, and appointment of inspectors.
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7.3 |
To determine applications for mandatory and discretionary grants for the provision, repair, maintenance, renewal or improvement of housing in accordance with the Housing Grants, Construction and Regeneration Act 1996.
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7.4 |
To determine applications for disabled facilities grants in accordance with the Housing Grants, Construction and Regeneration Act 1996.
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7.5 |
To determine applications for Homes Repair Assistance for minor works in accordance with the Housing Grants, Construction and Regeneration Act 1996.
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7.6 |
To determine applications for loans through the Flexible Home Improvement Loans Limited scheme.
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7.7 |
To allocate pitches for the stationing of mobile homes on the council's mobile home sites and enter into agreements with occupiers of such mobile homes (S.1 MHA 1983).
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7.8 |
To determine applications for the succession, transfer or exchange or sale of Mobile Homes (S.3 MHA 1983).
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7.9 |
To determine all others matters relating to the management of the council's Mobile Home Sites, including authorising the service of any notices and the commencement, continuance, defence, settlement or discontinuance of any legal proceedings (other than High Court Proceedings or above) against occupiers, including also the issue and execution of Warrants for Possession. (Sch 1968 S.2 and Sch.1 MHA 1983).
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Cabinet member for technical services in the case of legal proceedings only (other than cases of rent arrears or urgency).
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8.0 |
ENVIRONMENTAL PROTECTION, AIR QUALITY AND CONTAMINATED LAND
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8.1 |
To exercise the council’s powers and duties under the Environmental Protection Act 1990 including taking enforcement action, service of notices, inspections, powers of entry, and appointment of inspectors.
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8.2 |
To exercise the council’s powers and duties under the Pollution Prevention and Control Act 1999 including issuing and revoking Permits, taking of enforcement action, service of notices, inspections, powers of entry, and the appointment of inspectors.
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8.3 |
To exercise the council’s powers and duties under the Environment Act 1995 and the Environment Act 2021, including taking of enforcement action, service of notices, inspections, powers of entry, and the appointment of inspectors.
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8.4 |
To exercise the council’s powers and duties under the Control of Pollution Act 1974 and 1989 including taking of enforcement action, service of notices, inspections, powers of entry, and the appointment of inspectors.
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8.5 |
To exercise the council’s powers and duties under the Clean Air Act 1993 including taking of enforcement action, service of notices, inspections, powers of entry, and the appointment of inspectors.
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8.6 |
To exercise the council’s duties under the Licensing Act 2003 as the responsible authority for public safety and the prevention of public nuisance.
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9.0 |
FOOD SAFETY AND HYGIENE
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9.1 |
To exercise the council’s powers and duties under the Food Safety Act 1990 including statutory powers of inspection and entry, service of notices, taking of enforcement action, and the appointment of inspectors.
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9.2 |
To authorise the commencement, continuation, defence, discontinuance or settlement of any legal proceedings (other than High Court proceedings or above) relating to the food safety or hygiene powers mentioned above or to the relevant regulations made under the European Communities Act 1972.
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9.3 |
To determine applications for certificates in connection with the export of food to certain foreign countries.
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10.0 |
HEALTH AND SAFETY
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10.1 |
To exercise the council’s powers and duties under the Health and Safety at Work etc. Act 1974 including statutory powers of inspection and entry, service of notices, taking enforcement action and the appointment of inspectors.
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11.0 |
NOTIFIABLE DISEASES
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11.1 |
To exercise the council’s powers and duties under the Public Health (Control of Diseases) Act 1984 including powers of entry, service of notices, taking of enforcement action and the appointment of inspectors.
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Medical officer/community physician |
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11.2 |
To appoint in writing a suitably qualified medical practitioner to act as the council’s community physician (proper officer) and deputies in connection with the control of disease (S74 PH (CD) A 1984) and to rescind any appointment.
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12.0 |
Rats and mice / pest control |
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12.1 |
To exercise the council’s powers and duties under the Prevention of Damage by Pests Act 1949 including taking of enforcement action, service of notices, inspections, powers of entry, and the appointment of inspectors.
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12.2 |
To take all necessary action to reduce the number of pigeons etc. in any built up area in the district. (S.74 Public Health Act 1961).
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13.0 |
CLEAN NEIGHBOURHOODS |
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13.1 |
To exercise the council’s powers and duties under the Clean Neighbourhoods and Environment Act 2005 including taking of enforcement action, service of notices, inspections, powers of entry, and the appointment of inspectors.
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13.2 |
To exercise the council’s powers and duties to implement the fixed penalty provisions of the Dogs (Fouling of Land) Act and the Clean Neighbourhoods and Environment Act 2005.
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13.3 |
To give authority to police community support officers to issue fixed penalty notices in respect of litter and dog fouling offences under the Clean Neighbourhoods and Environment Act 2005.
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14.0 |
Smoking controls |
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14.1 |
To exercise the council’s powers and duties under the Health Act 2006, including powers of entry, service of notices, taking of enforcement action and the appointment of inspectors.
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15.0 |
SUNDAY TRADING |
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15.1 |
To exercise the council’s powers and duties under the Sunday Trading Act 1994, including taking of enforcement action, powers of entry and the appointment of inspectors.
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16.0 |
Animals |
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16.1 |
To exercise the council’s powers and duties under the Animal Welfare Act 2006, the Dangerous Wild Animals Act 1976, The Zoo Licensing Act 1981, including licensing and registration functions, service of notices, taking of enforcement action, inspections, risk assessing, powers of entry and the appointment of inspectors.
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17.0 |
STRAY DOGS AND KENNELS |
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17.1 |
To discharge the council’s statutory responsibilities in connection with stray dogs under the Environmental Protection Act 1990 and the Clean Neighbourhoods and Environment Act 2005.
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17.2 |
To approve the use of the council’s contracted dog warden service, dog boarding establishments, kennelling and veterinary services.
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17.3 |
In cases of hardship, to waive or vary the charges for collection of and kenneling of lost or stray dogs.
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18.0 |
Scrap metal |
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18.1 |
To exercise the council’s powers and duties under the Scrap Metal Dealers Act 2013 including licensing and registration functions, taking of enforcement action, inspections, powers of entry and the appointment of inspectors.
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19.0 |
PRIVATE WATER SUPPLIES |
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19.1 |
To exercise the council’s powers and duties under the Water Industry Act 1991 including risk assessment functions (rechargeable), undertaking water sampling (rechargeable), taking of enforcement action, service of notices, inspections, powers of entry and the appointment of inspectors.
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19.2 |
To give authority to approved companies or organisations to carry out risk assessment functions and water sampling on behalf of the council under the Water Industry Act 1991.
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20.0 |
CONTROL OF CORONAVIRUS
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20.1 |
To exercise the council’s powers and duties under any legislation relating to the control of Coronavirus, including taking enforcement action, service of notices, inspections, powers of entry, and the appointment of inspectors.
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