Agenda item

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.

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.

 

 

Audio recording – 1 hour 41 minutes 53 seconds

 

The Service Director – Legal and Community presented the report titled ‘Constitutional & Governance Review’ and highlighted the following:

 

·       Since the original publication of the report in November, recommendations 2.9 to 2.12 had been added to the report with 2.11 and 2.12 included in the supplementary document.

·       Due to the complexities each recommendation had been reviewed individually within the report.

·       The Devolution White Paper required Authorities to have a Standards Committee as covered in recommendation 2.4.

·       Recommendations cover in 2.5 covered the rules of debate, the length of speech, the number of motions and questions which can be submitted by Members and how long is spent on each one.

·       Recommendation 2.6 outlined the delegation for further minor amendments to the Monitoring Officer, in consultation with the Working Group, for practical purposes.

·       The threshold for Non-Executive Delegated Decision was set in 2015 at £50k and recommendation 2.7 sought to increase this to £75K.

·       A minor amendment to the names of the Community Forums for Baldock and Royston were requested as outlined in recommendation 2.8

·       Outlined in 2.9 was the biodiversity Duty and subsequent amendments to section 14 of the constitution.

·       Outlined in 2.10 is the purposed amendments to section 14 of the Constitution relating to the Local Government Ombudsman report.

·       2.11 made recommendations on presentations by the Public.

·       2.12 made recommendations regarding the temporary arrangements for the Service Director - for Housing and Environmental Health  until the end of March 2025.

 

N.B. Councillor Sadie Billing left the Chamber and returned at 21.44.

 

The following Members asked questions:

 

·       Councillor Matt Barnes

·       Councillor David Barnard

·       Councillor Martin Prescott

 

The Service Director – Legal and Community gave the following responses:

 

·       •Debates on Motions had been based, following as suggestion, as per the practice by Hertfordshire County Council.

·       The intention was to create a reasonable cut off period for meetings and therefore the item being considered at 10.30pm would be the last item at that meeting. There was no discretion for the Chair.

 

Councillor Daniel Allen proposed and Councillor Nigel Mason seconded to approve recommendation 2.1

 

The following Members took part in the Debate:

 

·       Councillor Martin Prescott

·       Councillor Elizabeth Dennis

 

The following points were raised as part of the debate:

 

·       If items 2.2 and 2.3 were carried, then Planning Control Committee Sub-Committee meetings would be needed to get through all items.

·       Planning applications could be discussed closer to the area where the site was located, and a Sub-Committee could support this process.

·       The Planning Control Committee was about serving the community and could the lack of Sub-Committees slow this down.

 

Following a vote it was:

 

RESOLVED: That Council approved the removal of the Planning Control Committee Sub-Committee meetings from the 2025 calendar.

 

N.B. Councillor Ruth Clifton left the meeting at 21.37 and did not return.

 

Councillor Daniel Allen proposed and Councillor Val Bryant seconded to approve recommendation 2.2

 

The following Members took part in the Debate:

 

·       Councillor Martin Prescott

·       Councillor Ralph Muncer

·       Councillor Nigel Mason

·       Councillor Emma Fernandes

·       Councillor Ian Mantle

 

The following points were raised as part of the debate:

 

·       Public engagement at the Planning Control Committee was higher than any other committee and it was important that the public could see the whole meeting, changing the start time might make this harder for people to attend.

·       Better management of Planning Control Committee meetings and agendas could ensure all items were considered without needing to change times. 

·       Having an earlier start was likely to lead to earlier finish times, which was better for the public and Members.

·       Giving more time may increase the length of the work.

 

Following a vote it was:

 

RESOLVED: That Council approves that Planning Control Committee meetings commence at 7pm, from January 2025.

 

Councillor Daniel Allen proposed, and Councillor Val Bryant seconded to approve recommendation 2.3

 

The following Members took part in the Debate:

 

·       Councillor Elizabeth Dennis

·       Councillor Ralph Muncer

·       Councillor Martin Prescott

·       Councillor Claire Strong

·       Councillor Ian Mantle

·       Councillor Tom Tyson

·       Councillor Nigel Mason

 

 

The following points were raised as part of the debate:

 

·       Without a discretion for the Chair, there was a risk that applications would miss required deadlines and house building would be blocked.

·       Increased government building targets with these constraints could lead to four Planning Control Committee meetings a month to meet targets.

·       Councillors were happy to follow the lead of the Chair of the Planning Control Committee especially as this would help with a backlog.

·       If items were deferred due to time constraints, this could be considered as non-determination and also be difficult for members of the public.

·       An option that could be looked at was splitting the District into two separate Planning Committees.

·       Substitutes are available for Councillors who were unable to attend a meeting.

·       The recommendation if approved would l not apply to the meeting on the 30 January as the summons had been published.

·       Starting at 7pm with a suggested end of 10:30pm was good for effective decision making.

 

Councillor Daniel Allen amended the recommendation that the cut off at 10.30pm would be at the discretion of the Chair, which was agreed by Councillor Val Bryant as the seconder. 

 

Following a vote, it was:

 

RESOLVED: That Council approves 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.

 

Councillor Alistar Willoughby proposed, and Councillor Ralph Muncer seconded to approve recommendation 2.4, following a vote it was:

 

RESOLVED: That Council approved 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.

 

Councillor Daniel Allen proposed, and Councillor Val Bryant seconded to approve recommendation 2.5.i

 

Councillor Ralph Muncer proposed an amendment that 4.8.2 (g), relating to Motions on Notice, be moved to the end of the agenda, but Questions from Members to remain at the start. This was seconded by Councillor David Barnard.

 

Following a vote, the amendment was LOST

 

The following Members took part in the Debate:

 

·       Councillor Ruth Brown

·       Councillor Claire Strong

 

The following points were raised as part of the debate:

 

·       This should be flexible based on which is most appropriate or important to the public.

·       These kinds of decisions do not need to be part of the constitution but left to the discretion of the Chair.

 

Following a vote it was:

 

RESOLVED: That Council approved the proposed amendments to the Council Procedure Rules (‘CPR’) on Member Motions, Member Questions and Rules of Debate, as follows, CPR 4.8.2 (f) and (g) order of business be move to the end of the meeting.

 

N.B. Councillor Sadie Billing returned to the Chamber at 22.19.

 

Councillor Daniel Allen proposed, and Councillor Val Bryant seconded to approve recommendation 2.5.ii.

 

The following Members took part in the Debate:

 

·       Councillor Ian Albert

·       Councillor Alistair Willoughby

·       Councillor Matt Barnes

·       Councillor Chris Lucas

·       Councillor Claire Strong

·       Councillor Martin Prescott

·       Councillor Joe Graziano 

 

The following points were raised as part of the debate:

 

·       This was one way in which opposition groups could directly change challenge the administration. Discretion should be left with Group Leaders to ensure their Members did not bring forward a motion that was not necessary.

·       By setting a limit the Council would set a target, rather than limiting motions, as data showed that no political group has bought more than two Motions to Council prior to this.

·       These kinds of decisions did not need to be part of the Constitution but left to the discretion of the Chair.

 

Councillor Daniel Allen amended the recommendation that there would be a maximum of three motions per political group. This was agreed by Councillor Val Bryant, as the seconder

 

Following a vote, the recommendation was LOST

 

N.B. Councillor Caroline McDonnell and Emma Rowe left the Chamber. Councillor McDonnell returned at 22.22 and Councillor Rowe returned at 22.28.

 

Councillor Daniel Allen proposed and Councillor Tina Bhartwas seconded to approve recommendation 2.5.iii.

 

The following Members took part in the Debate:

 

·       Councillor Tina Bhartwas

·       Councillor Chris Lucas

·       Councillor Ralph Muncer

·       Councillor Ian Albert

·       Councillor Matt Barnes

·       Councillor Nigel Mason

·       Councillor Alistair Willoughby

·       Councillor Sadie Billing

·       Councillor Laura Williams

 

The following points were raised as part of the debate:

 

·       There was concern that the Council would stop debating topics that had a substantial impact on the District, due to Members not having power to affect such things.

·       A request to write to a Secretary of State on a matter could be made directly to the Leader of the Council, without the need to submit a Motion

·       It should be for Group Leaders to discourage Motions that were not within the remit of the Council

·       Debate on items of national importance allowed Members to come together with one voice.

·       This was too prescriptive and prevented avenues for supporting residents.

 

The Service Director – Legal and Community advised that it would be down to the Chair to decide what was considered within the scope.

 

The Managing Director advised that this wording was previously included within the Constitution.

 

In reply, Councillor Daniel Allen stated that Members could directly request  that he wrote  to Members of Parliament, however these were currently only requested via Motions.

 

Following a vote, the recommendation was LOST

 

N.B. Councillor Amy Allen left the Chamber and returned at 22.50.

 

N.B. Councillor Martin Prescott left the Chamber at 22.37 and did not return.

 

Councillor Daniel Allen proposed, and Councillor Val Bryant seconded to approve recommendation 2.5.iv including the amendment to allow 30 minutes of debate per Motion

 

Councillor Ralph Muncer proposed, and Councillor David Barnard seconded an amendment to remove the 90-minute guillotine.

 

The following Members too part in the Debate on the amendment:

·       Councillor Paul Ward

·       Councillor Alistair Willoughby

·       Councillor Chris Lucas

·       Councillor Daniel Allen

 

The following points were raised as part of the debate on the amendment:

 

·       There was clarification that there would be 30 minutes discussion per Motion, with no limit on the number of Motions submitted.

·       A limit could lead to filibustering in an attempt to stop debate.

·       Motions were part of Council business and the guillotine would limit democratic debate.

 

Following a vote, this amendment was CARRIED.

 

The following Members took part in the Debate:

 

·       Councillor Elizabeth Dennis

·       Councillor Ralph Muncer

 

The following points were raised as part of the Debate on the substantive motion:

 

·       Councillors should respect the time of other Members, accept when a point has already been made by a colleague and not repeat the same point.

·       These decisions should be left to the discretion of the Chair, rather than limiting democratic debate through the Constitution.

·       Motions can encourage new members to talk and get involved in debates.

 

 

Councillor Daniel Allen proposed an amendment that debates on Motions be up to 30 minutes rather than 15 minutes, and this was this was seconded by Councillor Val Bryant. 

 

Following a vote it was:

 

RESOLVED: That Council approves CPR 4.8.12 (d) Motions on Notice - Debate to be up to 30 minutes per Motion.

 

N.B. Councillors Sadie Billing, Keith Hoskins and Elizabeth Dennis left the Chamber. Councillor Hoskins returned at 22.49 and Councillor Dennis returned at 22.52.

 

Councillor Daniel Allen proposed, and Councillor Val Bryant seconded to approve recommendation 2.5.v.

 

The following Members took part in the Debate:

 

·       Councillor Ralph Muncer

·       Councillor Ian Albert

·       Councillor David Barnard

 

The following points raised in the debate were:

 

·       This recommendation was not necessary and the current system of leaving it to the discretion of the Chair was satisfactory.

·       This was the procedure used for questions, and it seemed fair to apply this for motions too.

 

Following a vote it was:

 

RESOLVED: That Council approves 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.

 

N.B. Councillor Sadie Billing returned to the Chamber at 23.09

 

Councillor Daniel Allen proposed, and Councillor Val Bryant seconded to approve recommendation 2.5.vi

 

The following Members took part in the Debate:

 

·       Councillor Ralph Muncer

·       Councillor Paul Ward

 

The following points were raised as part of the debate:

 

·       It was clarified that any extension to this time would remain at the discretion of the Chair.

·       This would encourage Councillors to think more about what they said.

 

Following a vote it was:

 

RESOLVED: That Council approves CPR 4.8.14 (e) Content and Length of Speeches – to be reduced per Councillor to three minutes.

 

Councillor Daniel Allen proposed, and Councillor Matt Barnes seconded to approve recommendation 2.6 and 2.12 and, following a vote, it was:

 

RESOLVED: That Council approves:

 

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

 

(2)   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.

 

Councillor Daniel Allen proposed, and Councillor Val Bryant seconded to approve recommendation 2.7.

 

As part of the Debate, Councillor Ralph Muncer noted that £25K was not a small amount of money and it was important that the Council have oversight with large spending.

 

Following a vote, it was:

 

RESOLVED: That Council approves 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.

 

Councillor Val Bryant proposed, and Councillor Alistair Willoughby seconded to approve recommendation 2.8 and following a vote it was:

 

RESOLVED: That Council approves 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:

 

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

 

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

 

Councillor Daniel Allen proposed, and Councillor Val Bryant seconded to approve recommendation 2.9 and following a vote it was:

 

RESOLVED: That Council approves 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”

 

Councillor Daniel Allen proposed, and Councillor Dave Winstanley seconded to approve recommendation 2.10 and following a vote it was:

 

RESOLVED: That Council approves 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)”

 

Councillor Daniel Allen proposed, and Councillor Val Bryant seconded to approve recommendation 2.11 and following a vote it was:

 

RESOLVED: That Council approves 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.

 

 

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

 

N.B. At 23:09 at the end of this item there was a comfort break and the meeting resumed at 23:16.