URL: https://barnsleymbc.moderngov.co.uk/ieDecisionDetails.aspx?ID=3118

Decision Maker: Executive Director Growth and Sustainability

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: To provide clear delegation arrangements and appropriate authorisation of powers from the Head of Planning to officers in respect of all functions relating to Town and Country Planning, as well as those arising under the Building Regulations and the Building Safety Act. Background and Context   The Building Safety Regulator (BSR) undertook an inspection of the Council’s Building Control service between July and October 2025 to assess compliance with the Operational Standards Rules (OSRs) and associated statutory duties. The inspection identified a number of governance-related issues, including a lack of clarity within the existing Scheme of Delegation. In particular, Recommendation 3 highlighted that the current arrangements did not sufficiently define decision-making responsibilities across senior and operational roles, creating a risk that statutory decisions may not always be exercised under formally documented authority.   As part of the required improvement actions, the BSR directed the Council to review and update its Scheme of Delegation to ensure clear accountability, appropriate authorisation, and alignment with current practice. This work forms part of the Council’s broader response to strengthen governance, transparency, and assurance within Building Control functions.   Purpose of the Decision   The purpose of this Officer Decision Record is to seek formal approval from the Executive Director for Growth and Sustainability and the Service Director for Law and Governance to update the Scheme of Delegation in respect of Building Control functions. The proposed revisions aim to address the findings of the BSR audit, ensure compliance with statutory expectations, and provide clarity on roles, responsibilities, and decision-making authority across the service.   The updated Scheme of Delegation has been reviewed to reflect current operational practice, improve resilience, and ensure that key functions are appropriately authorised at the correct level. This will support the effective and efficient discharge of Building Control duties and mitigate governance risks identified through the audit process.   Summary of Proposed Amendments   A number of targeted updates have been made to the Scheme of Delegation to reflect current working arrangements and clarify responsibilities:   Safety Certificates (Oakwell): The description relating to the issuing of Safety Certificates has been updated to reflect that, in practice, this function is undertaken by the Health and Safety team (currently Simon Dobby). Consideration has been given to whether this responsibility should remain within the Building Control Scheme for resilience purposes.   Street Naming and Numbering: This function has been removed from the Building Control Scheme of Delegation, as it has not been within the control of the service for several years.   Fee Setting Arrangements: Clarification has been provided regarding the two-stage process for setting fees. Annual Building Control fees are set by the Head of Service and approved by Council, while Individually Determined Charges (IDCs) are set based on an assessment of officer time and agreed hourly rates. The updated wording provides flexibility for senior officers to determine IDCs in the absence of the Head of Service, ensuring business continuity.   Operational Delegations: Consideration has been given to strengthening operational clarity by including a specific delegation for Building Control Inspectors, covering the processing of applications and responsibilities relating to dangerous structures.   Section 29 (Miscellaneous Provisions) Powers: A new provision has been included to explicitly reference the use of Section 29 powers for securing properties, ensuring this statutory function is clearly authorised within the Scheme.   Governance and Assurance   These amendments directly respond to the BSR’s recommendation to ensure that the Scheme of Delegation clearly defines decision-making responsibilities across all levels of the service and is formally reviewed, approved, and embedded into operational practice. By aligning the Scheme with current practice and clarifying areas of ambiguity, the Council will strengthen governance arrangements, reduce the risk of unauthorised decision-making, and improve overall accountability within Building Control.   Recommendation   It is recommended that the Executive Director for Growth and Sustainability and the Service Director for Law and Governance approve the revised Scheme of Delegation for Building Control functions. Approval of this update will enable the Council to demonstrate compliance with the BSR’s requirements, address identified governance gaps, and support the ongoing improvement of Building Control services.

Date of Decision: May 5, 2026