Members received the report of the Chief Executive which presented several proposed amendments to the Constitution for approval and adoption.

At the Audit and Standards Committee’s (A&SC) meeting in July 2022, consideration was given to the proposed amendments to Part 3, Responsibility for Functions which had been the last part of the Constitution to be looked at by the Constitution Review Steering Group.  The A&SC recommended the proposed amendments as printed to full Council in September (2022), which were approved and adopted without amendment. 

At the same time, several potential amendments were picked up in respect of the regulatory committees’ functions and procedures. These amendments were not proposed at the full Council meeting in September but were instead brought forward in the report to the A&SC to enable detailed consideration and onward recommendation to Council.  The report also gave details of proposed amendments to Council Procedure Rule 16 in respect of previous decisions and motions and the public speaking scheme at Planning Committee meetings.

Members were guided through the proposed amendments in turn and were given the opportunity to ask questions.  The following points were  noted during the discussions:

•           the proposed amendments to both Part 3, Responsibility for Functions at paragraphs 5.3 (c) and 9.3 (a) and Council Procedure Rule 16 together removed the rights of Members and placed the final decision to officers;

•           the proposed amendments to Council Procedure Rule 16.1 changed the power to rescind a decision, as it could only be made if there had been a material change in circumstance;

•           an officer would determine whether there had been a material change in circumstance, and in the case of a planning application, this would likely be the development manager;

•           if the changes to Council Procedure Rule 16.1 were supported, the following wording could be added for clarification - ‘Should the Motion to rescind a decision be supported, the matter will be referred back to the original decision making body, Cabinet or a regulatory committee.  If the decision was made by full Council, the decision stands as rescinded with immediate effect’;

•           regulatory committee Members undergo extensive training to be able to make decisions, other Members of the Council are not qualified to do so and therefore such decisions should not be referred to full Council; and

•           Members were not happy to support both recommendation 1) and 2), wishing to retain just one.  Therefore, Members agreed that recommendation 2) should not be approved.

RECOMMENDED: That:

1)         the following paragraphs be removed from the Constitution at  Part 3, Responsibility for Functions at:

Licensing and General Purposes Committee

Paragraph 5.3 (c) - Three Members of the Committee may, at a meeting of the Committee when a resolution is under consideration and before it is passed, veto any item being dealt with in such manner and require submission to the Council for confirmation.

Planning Committee

Paragraph 9.3 (a) - in relation to the determination of all applications for planning permission (including applications for development made by the Council) a reference to full Council may be made by any three Members of the Committee indicating that it is their wish that an application be referred to full Council.

A reference to full Council must include, at the time of reference, a proposed motion of either refusal or approval with, in the case of refusal, the reasons for refusal and in the case of approval, any condition to be attached thereto; the item printed in the Council agenda will contain the Committee recommendation with the counter motion which may be moved.

2)         the proposed amendment to Council Procedure Rule 16, as follows not be approved:

16.1 Motion to Rescind a Previous Decision

A motion or amendment to rescind or reverse, or which has the effect of rescinding or reversing a decision of the Council made within the preceding six months cannot be moved unless there has been a material change in circumstances and the notice of motion is signed by at least one third of all Members or unless it is a recommendation of a Committee or the Cabinet which appears on the agenda;

and

3)         the following proposed amendment to public speaking rights at Planning Committee be approved:

            9.6

(3)     Planning Applications that have already been subject to the public speaking scheme and deferred and reconsidered by the Planning Committee will not usually be subject to public speaking at the subsequent meeting unless any new material planning information has been presented.  Each case will be decided on its merits by agreement between the Development Manager in consultation with and the Chair of Planning Committee.as set out in the report.