Agenda item

REPORT OF THE SERVICE DIRECTOR: LEGAL AND COMMUNITY & MONITORING OFFICER

 

This reports sets out the review undertaken and recommends amendments to update the Council’s Constitution and propose new Panels.

RESOLVED:

 

(1)       That, subject to the following, the proposed amendments below, the amendments set out in Appendix A be approved:

 

Paragraph 4.8.9

That the restriction on the number of points of clarification that could be raised at the Planning Control Committee (currently 3) be removed;

 

Paragraph 9.8.2

That the wording of Paragraph (g) of the Terms of Reference be amended so that it read:

 

“In line with the Council’s adopted Statement of Community Involvement to receive any presentations from developers on major planning applications for 100 dwelling and above (including Construction Management Routes) and provide comments accordingly.”

 

(2)       That the Terms of Reference for the Cabinet Panels at Appendices B,C and D be approved.

 

REASON FOR DECISIONS: To ensure the Council meets its statutory obligations and continues to improve its working practices.

Audio recording – Session 2 – 1 minute 38 seconds

 

The Service Director – Legal and Community presented the report entitled Constitutional and Governance Review together with the following appendices:

 

·                Appendix A – Schedule of proposed amendments to the Constitution;

·                Appendix B - Cabinet Panel on Housing Strategic Planning and Transport;

·                Appendix C - Cabinet Panel on Community Engagement, Enterprise and Co-operative Development;

·                Appendix D - Cabinet Panel on Environment – as amended.

 

Councillor Martin Stears-Handscomb and Councillor Paul Clark seconded the recommendations in the report.

 

Section 4.8.9

It was proposed by Councillor Ian Mantle and seconded by Councillor David Levett that the limit of the number of questions of clarification (currently 3) asked of presenters at the Planning Control Committee be removed.

 

Upon the vote the amendment was carried.

 

Section 9,8,2

It was proposed by Councillor Ian Mantle and seconded by Councillor Marin Stears-Handscomb that, in respect of the proposed wording of Paragraph (g) of the Terms of Reference the words “in their area” be removed so that it read:

 

“In line with the Council’s adopted Statement of Community Involvement to receive any presentations from developers on major planning applications for 100 dwelling and above (including Construction Management Routes) and provide comments accordingly.”

 

Upon the vote the amendment was carried.

 

Paragraph 4.8.20

Councillor Claire Strong proposed and Councillor Michael Weeks seconded that the requirement to stand when speaking at Full Council remain in place.

 

The following Members took part in the debate regarding the amendment:

 

·                Councillor Ruth Brown;

·                Councillor Sam Collins;

·                Councillor David Levett;

·                Councillor Judi Billing;

·                Councillor Martin Stears-Handscomb;

·                Councillor Sam North;

·                Councillor Carol Stanier;

·                Councillor David Barnard;

·                Councillor Michael Weeks;

·                Councillor Kay Tart.

 

The Service Director – Legal and Community advised that IT were procuring extended microphones for the Chamber.

 

Upon the vote the amendment was lost.

 

Paragraph 14.6.19

It was proposed by Councillor Claire Strong that the title “Deputy Executive Member” be replaced with “Assistant Executive Member”.

 

The following Members took part in the debate regarding the amendment:

 

·                Councillor Ruth Brown;

·                Councillor Judi Billing;

·                Councillor Steve Jarvis;

·                Councillor Martin Stears-Handscomb;

·                Councillor Ian Mantle;

·                Councillor Simon Harwood;

·                Councillor David Barnard;

·                Councillor Terry Hone.

 

The Service Director – Legal and Community clarified that it was a requirement of the Local Government Act that there were no more than 10 Cabinet Members. The Deputy Executive Members were unable to vote as, if they were, this requirement would be exceeded.

 

Upon the vote the amendment was lost.

 

Cabinet Panels

Councillor David Levett proposed and Councillor Claire Strong seconded that the Terms of Reference for the Cabinet Panels at Appendices B and C and the amended Terms of Reference for the Cabinet Panel at Appendix D be deferred to allow further work to be carried out.

 

The following Members took part in the debate on the amendment;

 

·                Councillor Martin Stears-Handscomb;

·                Councillor Judi Billing.

 

The Chairman announced that there would be a short comfort break.

 

Audio Recording – Session 3 – 8 seconds

 

The debate regarding the amendment continued

 

·                Councillor Sam Collins;

·                Councillor Simon Harwood;

·                Councillor Martin Stears-Handscomb;

·                Councillor Ian Albert;

·                Councillor David Levett;

·                Councillor Steve Jarvis;

·                Councillor David Levett.

 

The Service Director – Legal and Community clarified that any future amendments to the Terms of Reference for these Panels could be agreed by Cabinet. The Panels and definition have to be in the Constitution, however the detail did not need to be part of the Constitution.

 

Upon the vote the amendment was lost.

 

RESOLVED:

 

(1)       That, subject to the following, the proposed amendments below, the amendments set out in Appendix A be approved:

 

Paragraph 4.8.9

That the restriction on the number of points of clarification that could be raised at the Planning Control Committee (currently 3) be removed;

 

Paragraph 9.8.2

That the wording of Paragraph (g) of the Terms of Reference be amended so that it read:

 

“In line with the Council’s adopted Statement of Community Involvement to receive any presentations from developers on major planning applications for 100 dwelling and above (including Construction Management Routes) and provide comments accordingly.”

 

(2)       That the Terms of Reference for the Cabinet Panels at Appendices B,C and D be approved.

 

REASON FOR DECISIONS: To ensure the Council meets its statutory obligations and continues to improve its working practices.