Agenda item

CONSTITUTIONAL AND GOVERNANCE REVIEW

REPORT OF THE SERVICE DIRECTOR – LEGAL AND COMMUNITY AND MONITORING OFFICER

 

N.B. This item was deferred from the Council meeting of 28 November 2024.

 

This report presents a summary of the areas reviewed and any in principle recommendations of the Constitutional & Governance Working Group (‘Working Group’) in relation to the following:

 

·         The Planning Control Committee meetings and Sub-Committees (including start times/ potential end times).

·         Standards Committee – recommendation to review the Terms of Reference to include other meaningful areas of remit.

·         Council Procedure Rules to be reviewed and amended in respect of Member Motions and Questions, (including agenda management, number, length of time on debate/ remit/ and Member speeches).

 

The report also covers areas considered but not recommended for change at this stage.

Decision:

RESOLVED: That Council approves

 

(1)   The removal of the Planning Control Committee Sub-Committee meetings from the 2025 calendar.

 

(2)   That Planning Control Committee meetings commence at 7pm, from January 2025.

 

(3)   A Planning Control Committee Council Procedure Rule, that, any item under the consideration of the Committee, at 10.30 pm, will be the concluding item of the meeting, with any remaining business to be considered at the next available meeting (subject to the discretion of the Chair on a remaining item). Such amendment to take effect from January 2025.

 

(4)   The Standards Committee’s Terms of Reference be amended to include remit to consider and adopt or recommend adoption to the relevant decision-making body of relevant Ethical Standards Codes, or Protocols; and undertake any annual review of sections 1-18 of the Constitution (with the Monitoring Officer), prior to recommended change to Full Council.

 

(5)   The proposed amendments to the Council Procedure Rules (‘CPR’) on Member Motions, Member Questions and Rules of Debate, as follows:

 

i.       CPR 4.8.2 (f) and (g) order of business be move to the end of the meeting.

 

ii.     CPR 4.8.12(a) Motions on Notice – three Motions per Political Group – LOST.

 

iii.    CPR 4.8.12 (c) Motions on Notice – Scope, to be amended to areas the Council has responsibility for and are relevant to, or specifically affect the district – LOST.

 

iv.    CPR 4.8.12 (d) Motions on Notice - Debate to be up to 30 minutes per Motion.

 

v.     CPR 4.8.12 Motions on Notice – order of Motions shall be debated in rotation commencing with the largest opposition group, followed by the remaining opposition groups in descending order of group size and the administration group ending the round this order would be repeated until all Motions have been considered.

 

vi.    2.5.6 CPR 4.8.14 (e) Content and Length of Speeches – to be reduced per Councillor to three minutes.

 

(6)   The delegation to the Monitoring Officer to finalise any amendments relating to recommendations 2.3-2.5, as approved, in consultation with the Constitutional & Governance Working Group, and thereafter to be reported to Councillors via the Member Information Service.

 

(7)   The increase of the Non-Executive Delegated Decision financial/ contractual threshold reporting limit to £75K (from £50K) and instructs the Service Director Resources and Monitoring Officer to make the necessary amendments to the Contract Procedure Rules and Financial Regulations (and relevant Guidance documentation) accordingly.

 

(8)   (As the non-Decision-making body by vote of assent), that the Leader will exercise his Executive function, to change the names of the following Community Forums:

 

(8.1)                Baldock and District – to become Baldock and Villages Community    Forum.

 

(8.2)                Royston and District – to become Royston and Villages Community    Forum.

 

(9)   To amend section 14.6.11(b)(iv)A as detailed in paragraph 8.6-8.8 (namely):

 

“all functions of the Local Planning Authority primarily Planning Policy and Development Control (including enforcement functions, authorising expenditure of planning obligation monies, Biodiversity Net Gain, and Environmental Impact Assessment functions, and Tree Preservation Orders), other than matters reserved to the Planning Control Committee”

 

(10)         The revisions to section 14 of the Constitution relating to LGO decisions and payments, as detailed under section 8.5 of the Cabinet report, as follows:

 

14.6.5(a)(xiii) Managing Director’s delegation:

“(xiii) To consider any report of the Local Government Ombudsman and to settle any compensation payments up to £2000 (in conjunction with the section 151 Officer and Monitoring Officer)”

 

14.6.13 Proper Officers Schedule:

“Local Government Act 1974 S.30(5) To give notice and that copies of an Ombudsman’s report, in draft and final are available to the Managing Director, and Monitoring Officer (where maladministration identified)”

 

(11)         To amend section 4.8.9(e) Presentations by the Public as follows:

 

(e) Number of presentations: At any one meeting no person or organisation may make more than two one presentations per agenda item (or combined referral and main item) and no more than two such presentations may be made on behalf of one organisation.

 

(12)         To note that the Managing Director has extended the temporary Service      Director Housing & Environmental Health arrangements, as per his Delegated        Decision of 18 December 2024, until 31 March 2025 – and that section 14 will       be amended accordingly.

 

 

REASONS FOR DECISIONS: To ensure the arrangements are up-to date and fit for purpose.

 

 

Supporting documents: