Agenda item

Consideration was given to a report which sought approval for amendments to the Council’s Constitution.

A refresh of the Council’s Constitution had been undertaken with two principal objectives.  The first was to ensure that all legislative and procedural references were current and up to date, including cross referencing to detailed procedures from more descriptive content and, secondly, looked to simplify, so far as possible, what would always be a complex procedural document to aid both understanding and application to practical circumstances.

The Constitution had been impacted upon by the Local Authorities and Police and Crime Panel (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 which had introduced certain mandatory provisions for the period to 7^th May 2021.  Whilst these mandatory provisions were time limited, it was considered good practice for them to be incorporated into the Council’s Constitution at this time to properly present the Council’s statutory and procedural requirements under the Regulations.

The Planning Scheme of Delegation should be reviewed on a regular basis to ensure that it was up to date and reflected current practices and policies.  Planning Committee procedures had been under scrutiny recently due to a number of issues and it was timely to review practices and procedures.  The current system would benefit from updating, simplification and revision to delegated powers and protocols.

At the Cabinet meeting, held on 27^th January 2020, a suite of reports and recommendations related to ‘Creating a Better Place’ as the comprehensive vision and strategic framework for the Borough were approved.  These included proposed amendments to the Executive arrangements, which included delegation arrangements, contained within the Land and Property Protocol which was included at Part 5(e) of the Council’s Constitution.  The approval of the Full Council was therefore required to agree the revision of the Council’s Constitution.

Amendment 1:

Councillor C. Gloster MOVED and Councillor Sykes SECONDED the following AMENDMENT:

“Part 5(e) - Land and Property Protocol

2.         Corporate Property Board

Insert after the third bullet point:

·         “The Opposition Deputy Leader and Cabinet Member for Finance and Corporate Services”

Councillor Fielding exercised his right of reply.

Councillor C. Gloster exercised his right of reply.

On being put to the vote, 9 VOTES were cast in FAVOUR of the AMENDMENT and 41 votes were cast AGAINST with1 abstention.  The AMENDMENT was therefore LOST.

Amendment 2:

Councillor Sykes MOVED and Councillor C. Gloster SECONDED the following AMENDMENT:

“Appendix A – Public Space Assessment Matrix

Table 1 Questions

Insert after 3 and renumber

4 – the land is formally laid out and maintained as a garden or landscaped area by Parish Councils or their agents.

5 – the land is formally laid out and maintained as a garden and landscaped area by Friends and Residents groups in line with the co-operative objectives of the Council.

6 – the land is formally laid out and maintained as a garden or landscaped area by any other organisation, charity, body or individual.

4 will then become 7, 5 will become 8.”

Councillor Fielding did not exercise his right of reply.

Councillor Sykes did not exercise his right of reply.

On being put to the vote, 10 VOTES were cast in FAVOUR of the AMENDMENT and 41 votes were cast AGAINST with no abstentions.  The AMENDMENT was therefore LOST.

Amendment 3:

Councillor C. Gloster MOVED and Councillor Sykes SECONDED the following AMENDMENT:

Part 8 APPENDICES

Appendix 3 PROTOCOLS

REFERRAL PROCEDURE FOR PLANNING APPLICATIONS

Numbered list 4

“Insert ‘main opposition spokesperson’ as a consultee in the decision-making process to confirm or reject the ‘referral’ based on the significance of the development and validity of the planning reasons.

New paragraph to read:

4.         The Head of Planning and Development Management will in consultation with the Chair or Vice Chair of the Planning Committee and the main opposition spokesperson, confirm or reject the ‘referral’ based on the significance of the development and validity of the planning reasons.  Members who request a call-in will only be notified if their request has been rejected.”

Councillor Roberts spoke on the amendment

Councillor H. Gloster spoke on the amendment.

Councillor Harkness spoke on the amendment.

Councillor Fielding exercised his right of reply.

Councillor C. Gloster exercised his right of reply.

On being put to the vote, 10 VOTES were cast in FAVOUR of the AMENDMENT and 40 votes were cast AGAINST with 1 abstention.  The AMENDMENT was therefore LOST.

RESOLVED that:

1.         The suggested amendments to Part 3 (Responsibility for Functions), Part 4E (Overview and Scrutiny Procedure Rules) and Part 4H (Employment Procedure Rules) as detailed at Appendices 1, 4 and 5 to this report as part of the refresh of the Council’s Constitution and the review of Planning Committee and Delegations, subject to the date of the implementation of the revised Overview and Scrutiny Committee arrangements being agreed at a future meeting of the Council be agreed.

2          The suggested amendments to Part 4A (Council Procedure Rules) and Part 4B (Access to Information Procedure Rules) as detailed at Appendices 2 and 3 to this report in compliance with the statutory provisions of the Local Authorities and Police and Crime Panel (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and to ensure alignment with the agreed amendments to Parts 3, 4E and 4H of the Council’s Constitution be agreed.

3.         The inclusion of the suggested amendments to Part 5(e) (Land and Property Protocols) into the Council’s Constitution as detailed at Appendix 6 to the report be agreed.

4.         The suggested amendments to Part 8 (Appendices) Appendix 3 (Protocols) as detailed at Appendix 7 to the report in respect of procedures related to the consideration of planning applications as part of the review of Planning Committee and related procedures be agreed.

5.         Any further consequential amendments arising from the amendments to the Council’s Constitution as presented in the report be delegated to the Director of Legal Services.