Issue - meetings

REPORT OF THE SERVICE DIRECTOR – LEGAL AND COMMUNITY.

This report covers proposed: 

·       Changes to section 8 Planning Control Committee’s Terms of Reference:

·       Removal of Appendices 1-2 to Section 8, with these to incorporated in a new Procedure document (Appendix A), with the aim of addressing issues that have arisen during the last year.

·       Minor change to section 14 delegations for some Service Directors – regarding attestation of the Common seal.      

N.B this item has been deferred from the Council meeting of 23 November 2023 (see 246) and subsequently the Area Forum recommendation 2.6, for noting, has been dealt with by Delegated Decision 6 December 2023 and therefore removed from this version of the earlier report.

RESOLVED: That Full Council

(1)   Approved the proposed amendments to the Planning Control Committee’s Terms of Reference as per 8.1 of this report, with the deletion of the word “Ward”, in lines 2 and 11 of the proposed changes to section 8.4.5(c)(iii) of the Planning Control Committee’s Terms of Reference.

(2)   Approved the removal of Appendices 1-2 to Section 8 of the Constitution.

(3)   Agreed the proposed Procedure for Speaking at the Planning Control Committee (Appendix A), with the replacement of the words “Ward Member with Member” in paragraphs 1.5, and with the deletion of paragraph 1.9.

(4)   Agreed to the principle, that if the Procedure at 2.2 required further amendment, that the Monitoring Officer may do so in consultation with the Chair and Vice Chair of Planning Control Committee, and the Group Leaders, including changes to 6.1 and 6.2 to make them conform with the procedure as amended in 8.4.5 (c)(iii).

(4) A)   Whilst this is not a formal resolution, the following should be taken into account by the Monitoring Officer, in finalising the Procedure, in respect of section 1.5 to 1.8 be amended as follows:

(i)             Section 1.5, bullet points 1 and 3:

“Objectors” Group – a maximum of 3 persons against approval of the application, the speaking time will be allocated on a first-come-first-served basis, and the right to address the Committee is confined to persons who have previously made written representations on the application (either as an individual or as part of a consulted group during the consultation). 

“Supporters” Group – a maximum of 3 persons in favour of approval of the application and the right to address the Committee is confined to persons who have previously made written representations on the application (either as an individual or as part of a consulted groups during the consultation).

(ii)            Section 1.6 

In the case of “Objectors” and “Supporters”, no more than three people may speak on an application.

(iii)           Section 1.7

In the case of “Objectors” and “Supporters” the time allocated to each speaker is 3 minutes, however, should there be only one objector or support the time allocated to each speaker is 5 minutes. This time limit is strictly adhered to.

(iv)           Section 1.8

In the case of a Major application or being of significant public interest, the Chair may agree to extend the speaking time allocated to each “group”. Any request to extend the speaking time should be made to the Chair in writing by 5pm, three clear working days prior to the meeting date. The Committee, Member & Scrutiny Team will be advised/ and then advise all registered speakers of the extension. Any agreed extension of time shall be offered to all registered speakers.

(5)   Approved the amendments detailed in 8.6 regarding delegations to attest the affixing of the Council’s Common Seal.

REASON FOR DECISIONS: Recommendations 2.1-2.3 are to deal with a number of situations that have arisen over the last year (or so). Recommendation 2.3-2.4 allows for greater flexibility to update a Council Procedure,  ...  view the full decision text for item 261

Audio Recording – 3 hours 25 minutes 12 seconds

The Service Director – Legal and Community presented the report entitled ‘Constitutional Amendment Report’ and highlighted that:

·       This item had been deferred from the Council meeting in November 2023.

·       The amendments related to the Terms of Reference of the Planning Control Committee, the removal of Appendices 1 and 2 of Section 8 and, should recommendation 2.2 be approved, there were some further consequential changes.

·       Recommendation 2.5 was a stand-alone recommendation and related to 8.6 of the report, not 8.7 as detailed in the recommendation.

·       The amendments on page 102 of the report had been superseded by proposed amendments circulated in the supplementary document.

·       Further proposed amendments to the report were detailed on pages 103 and 104.

·       The recommendations were brought to address various issues raised with speaking at the Planning Control Committee over the last few years.

Recommendation 2.1:

Councillor Elizabeth Dennis proposed and Councillor Ruth Brown seconded the motion.

Councillor Steve Jarvis proposed an amendment, that the word ‘ward’ be deleted in lines 2 and 11 of the proposed changes to section 8.4.5 9 (c) (iii) of the planning Committee Terms of Reference. Councillor Tom Tyson seconded the amendment.

The following Members took part in debate:

·       Councillor Val Bryant

·       Councillor David Levett

·       Councillor Daniel Allen

·       Councillor Claire Strong

·       Councillor Louise Peace

·       Councillor Simon Bloxham

·       Councillor Matt Barnes

·       Councillor Richard Thake

·       Councillor Gerald Morris

·       Councillor Ralph Muncer

Points raised in debate included:

·       The proposed changes may cause confusion for Planning Officers.

·       Advice may be sought after a planning decision on enforcements.

·       Planning applications can involve more than one ward.

·       There should be a valid planning consideration provided to call in an application.

·       This recommendation could lead to Members making erroneous or political call ins.

·       Councillors are there to help residents, and Councillors should be able react when a resident asks for help.

·       Living and working in a single ward can cause some conflicts.

·       The proposed changes would strengthen the call-in process and should be used for genuine reasons.

Councillor Val Bryant sought a further amendment to the amended proposal, which was rejected by Councillor Jarvis.

The Service Director – Legal and Community clarified that another Ward Member can call-in an item for a Member that represented a single ward.

Having been proposed and seconded and, following a vote, the amendment was carried.

Having been proposed by Councillor Dennis and seconded by Councillor Brown, the substantive motion was put to a vote, and it was:

RESOLVED: That Full Council approved the proposed amendments to the Planning Control Committee’s Terms of Reference as per 8.1 of this report, with the deletion of the word “Ward”, in lines 2 and 11 of the proposed changes to section 8.4.5(c)(iii) of the Planning Control Committee’s Terms of Reference.

Recommendation 2.2:

The Service Director – Legal and Community clarified that should recommendation 2.2 be accepted, then recommendations 2.3 and 2.4 would be considered.

Councillor Elizabeth Dennis proposed and Councillor Ruth Brown seconded and, following a vote,  ...  view the full minutes text for item 261