Agenda item - CHANGES TO CONSTITUTION RECOMMENDED BY CORPORATE PEER CHALLENGE & FLEXIBILITY OF MEETINGS REGULATIONS CHANGES

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

To consider potential amendments to the Council’s Constitution and Council Procedure Rules following recommendations in the Corporate Peer Challenge Report and the introduction of the ‘Flexibility of Meetings Regulations 2020’.

RESOLVED: That, subject to the amendments below, the proposed amendments set out in Appendix A be approved to take effect immediately.

· That the proposed amendment to Paragraph 4.8.9 (d) regarding public presentations be removed;

· That 8.3.1 be amended to read:

Three (3) Councillors shall be appointed to a Licensing Sub-Committee and one non-voting observer reserve Councillor.

Footnote: NB in the event that one of the voting Councillors cannot attend, has a conflict or is unable to participate for the whole of the meeting the reserve shall become a voting participating member of the Sub-Committee for quorum and decision making purpose.

REASON FOR DECISION:

(1) To ensure the Council meets its statutory obligations and continues to improve its working practices.

(2) That the decision takes immediate effect, specifically in respect of the updated Committee membership, so that appointments can be approved at this Council meeting to reflect the revised (legally proportionate) membership.

Council adjourned at 20.58 and reconvened at 21.07.

Audio Recording – 39 minutes 35 seconds

The Service Director – Legal and Community presented the report entitled Changes to Constitution Recommended by Corporate Peer Challenge & Flexiblity of Meetings Regulations Changes together with the following appendices:

· Appendix A – Table of Potential Constitutional Changes;

· Appendix B - Revised Terms of Reference for Cabinet Panel on the Environment;

· Appendix C - Revised Terms of Reference for Cabinet Panel on Community Engagement, Enterprise and Co-operative Development;

· Appendix D - Revised Terms of Reference for Cabinet Panel on Housing, Strategic Planning and Transport.

It was proposed by Councillor Martin Stears-Handscomb and seconded by Councillor Paul Clark that the recommendations and proposed amendments to the Constitution be approved and that for clarification in respect of Paragraph 8.4.5 c (iii) the second option be approved.

Councillor David Levett proposed and Councillor Simon Harwood seconded the following amendment:

“8.4.5(c)(iii) within three (3) weeks of the matter appearing in the weekly lists of applications a

Member requests in writing the matter to be determined by the Committee detailing the reasons based upon one or more relevant material planning considerations and detailing the reasons that the matter is in the wider public interest.”

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

· Councillor Martin Stears-Handscomb;

· Councillor Simon Harwood;

· Councillor Richard Thake;

· Councillor Ian Mantle;

· Councillor Gerald Morris

· Councillor Jim McNally;

· Councillor Judi Billing.

Upon the vote the motion was lost.

Councillor David Levett proposed the following amendment:

“4.8.4 (c)(ii) the request is sent via email to the proper officer by noon on the day of the meeting”

The Service Director-Legal and Community advised that in order to comply with the Local Government Act, Membership of Committees had to receive 5 clear days notice of a meeting and there was also a need to check that Members had received relevant training. This amendment would open the Council up for challenge.

She advised against the proposed amendment.

Councillor David Levett withdrew the proposed amendment.

Councillor Levett proposed and Councillor Strong seconded the following amendment:

“That the proposed amendment to Paragraph 4.8.9 (d) regarding public presentations be removed.“

The Service Director – Legal and Community advised that if the Council had presentations from members of the public prior to the meeting, they could be taken into account if that member of public were to drop out of the meeting.

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

· Councillor Martin Stears-Handscomb;

· Councillor Steve Jarvis;

· Councillor Judi Billing;

· Councillor George Davies;

· Councillor Steve Jarvis;

· Councillor Gerald Morris;

· Councillor Clare Billing;

· Councillor Michael Muir;

· Councillor Claire Strong.

Councillor Daniel Allen called for a recorded vote.

Upon the vote the motion was unanimously carried with the votes recorded as follows:

FOR

Councillors: Ian Albert, Daniel Allen, Kate Aspinwall, David Barnard, Clare Billing, Judi Billing, John Bishop, Ruth Brown, Val Bryant, Paul Clark, Sam Collins, Bill Davidson, George Davies, Steve Deakin-Davies, Elizabeth Dennis-Harburg, Morgan Derbyshire, Faye Frost, Jean Green, Gary Grindal, Simon Harwood, Terry Hone, Keith Hoskins, Mike Hughson, Tony Hunter, Steve Jarvis, David Levett, Ian Mantle, Jim McNally, Ian Moody, Gerald Morris, Michael Muir, Lisa Nash, Sue Ngwala, Sam North, Helen Oliver, Sean Prendergast, Mike Rice, Adem Ruggiero-Cakir, Val Shanley, Carol Stanier, Martin Stears-Handscomb, Claire Strong, Kay Tart, Richard Thake, Terry Tyler, Tom Tyson and Michael Weeks.

TOTAL 47

Councillor David Levett proposed and Councillor Martin Stears-Handscomb seconded the following amendment:

“8.3.1 Three (3) Councillors shall be appointed to a Licensing Sub-Committee and one non-voting observer reserve Councillor.

Footnote: NB in the event that one of the voting Councillors cannot attend, has a conflict or is unable to participate for the whole of the meeting the reserve shall become a voting participating member of the Sub-Committee for quorum and decision making purposes.”

Upon the vote the motion was carried.

Members voted on the recommendations as amended by the motions above and it was: