Agenda and minutes

To elect a Chairman of the committee for the municipal year 2021/22.

The Chairman of the Council invited nominations for the election of a Chairman for the municipal year 2021/22.

Cllr R M Deed MOVED, seconded by Cllr C R Slade that Cllr C J Eginton be elected Chairman of the Committee for the municipal year 2021/22.

It was therefore:

RESOLVED that Cllr C J Eginton be elected Chairman of the Committee for the municipal year 2021/22.

To elect a Vice Chairman of the Committee for the municipal year 2021/22.

Cllr C R Slade MOVED, seconded by Cllr Mrs M E Squires that Cllr R M Deed be elected Vice Chairman of the Committee for the municipal year 20021/22.

It was therefore:

RESOLVED that Cllr R M Deed be elected Vice Chairman of the Committee for the municipal year 2021/22.

To receive any apologies for absence and notices of appointment of Substitute Members (if any).

Apologies were received from Cllr L D Taylor who was substituted by Cllr A White.

Members are requested to note the protocol for hybrid meetings.

The protocol for hybrid meetings was NOTED.

To receive any questions relating to items on the Agenda from members of the public and replies thereto.

Note:   A maximum of 30 minutes is allowed for this item.

There were no questions from members of the public present.

Members to consider whether to approve the minutes as a correct record of the meeting held on 3 February 2021.

The minutes of the previous meeting were approved as a true record and signed by the Chairman.

Councillors are reminded of the requirement to declare any interest, including the type of interest, and reason for that interest, either at this stage of the meeting or as soon as they become aware of that interest.

Members were reminded of the need to make declarations of interest when necessary.

To receive any announcements the Chairman of the Committee may wish to make.

The Chairman had no announcements to make.

i)             MOTION 569  - (COUNCILLOR A WILCE – 8 FEBRUARY 2021)

The Council at its meeting on 24 February 2021 agreed that the Standards Committee be asked to look into the following:

That this Council resolves to ask the Standards Committee to review Rule 14.4 (Automatic Reference to Committee) and to recommend whether this Council should either:

a)            completely remove rule 14.4 or

b)            amend the rule to re-enable the Member putting a Motion forward, and the Member seconding that Motion, to speak to that Motion (and for any further discussion to take place on that Motion that the Chairman may see fit), before that Motion shall stand referred to a Committee or

c)         make no changes

ii)            MOTION 570 (COUNCILLOR A WILCE - 8 FEBRUARY 2021)

This motion has been passed from Council (February 2021) to the Standards Committee for consideration and report:

That, to improve local planning consultation processes and to regularise current Planning Committee practises, this Council resolves to amend Rule 27.5 as follows:

After (Appendix J to the Constitution), is inserted: in addition, the Chair will also permit the following to speak for no more than 3 minutes, without prior notice being required:

1 Adjacent Ward Members

2 Any Member having previously submitted a comment to that application that permission to speak being limited solely to the raising of material planning considerations relating to directly their Ward, or else to any relevant planning policy or plan appertaining to this Council.

So as to read:

27.5 Any Councillor may attend any meeting of a committee of the Council and may speak on any agenda item for that meeting. However, in relation to the Planning Committee, the right to speak on a planning application, enforcement item, or other report relating to a particular ward of the Council shall be limited to the rights of a Ward Member to speak as set out in paragraphs 9.2 and 9.3 of the Protocol of Good Practice for Councillors Dealing in Planning Matters (Appendix J to the Constitution); in addition, the Chairman will also permit the following to speak for no more than 3 minutes, without prior notice being required:

1 Adjacent Ward members

2 Any Member having previously submitted a comment to that Application that permission to speak being limited solely to the raising of material planning considerations relating to directly their Ward, or else to any relevant planning policy or plan appertaining to this Council.

iii)           Any other matters or motions referred from Council on 1^st July 2021

To consider items passed to the Standards Committee from the Council meeting held on 1 July 2021

iv)          To consider and note the resolutions of Council with regard to the Governance Review

Councillor C R Slade MOVED, seconded by Councillor R L Stanley that: the Council asks the Standards Committee to review any proposals for constitutional change which the Head of Legal (Monitoring Officer), the Chairman of the Scrutiny and Audit Committees and/or the Chairmen of the Policy Development Groups  ...  view the full agenda text for item 9.

i)             MOTION 569  - (COUNCILLOR A WILCE – 8 FEBRUARY 2021)

The Council at its meeting on 24 February 2021 agreed that the Standards Committee be asked to look into the following:

That this Council resolves to ask the Standards Committee to review Rule 14.4 (Automatic Reference to Committee) and to recommend whether this Council should either:

a)            completely remove rule 14.4 or

b)            amend the rule to re-enable the Member putting a Motion forward, and the Member seconding that Motion, to speak to that Motion (and for any further discussion to take place on that Motion that the Chairman may see fit), before that Motion shall stand referred to a Committee or

c)         make no changes

The Chairman stated that although Cllr Wilce had been invited to attend the meeting, he had declined to do so but had emailed members of the committee..

The Monitoring Officer outlined the options within the Motion and that any rewording of a procedure rule within the constitution would require Council approval.

Consideration was given to:

·         The need for the following wording to remain within the procedure rule: “unless an alternative proposition is put forward and accepted”.

·         The opportunity for the mover and the seconder of a motion to be able explain the reasoning for the Motion, which was felt would be useful to Council.

·         The number of times the mover and seconder would be allowed to speak and for how long and if the decision was made to consider the Motion at the meeting, the mover would have the ability to sum up.

·         A proposal to reword procedure rule 14.4 to enable the Member putting a Motion forward, and the Member seconding that Motion, to speak to that Motion before that Motion shall stand referred to a Committee.

·         The fact that the Chairman had the discretion to allow further discussion prior to the item being referred to the appropriate place.

It was therefore:

RECOMMENDED to Council that option (b) be supported in part to enable the Member putting a Motion forward, and the Member seconding that Motion, to speak to that Motion, before that Motion shall stand referred to a Committee and that Procedure Rule 14.4 be reworded as follows:

If the subject matter of any Motion, of which notice has been duly given comes within the province of the Cabinet, Committee or Policy Development Group, it shall, upon being formally moved and seconded (with those  moving and seconding the motion being invited to speak at this point) stand referred to the Cabinet, Committee or Policy Development Group as the Chairman may determine for consideration and report unless an alternative proposition is put forward and is accepted; and that the mover (or in his absence, the seconder) of the Motion should be invited to the meeting of the Cabinet, Committee or Policy Development Group to amplify the Motion, but without any right to vote except as a member of such Committee.  Provided that the Chairman may if he considers it convenient and  ...  view the full minutes text for item 9.

To consider the annual report of the Monitoring Officer.

The Committee had before it the annual *report of the Monitoring Officer providing it with an overview of the preceding year.

RESOLVED that the report be noted and circulated to all Town and Parish Councils for information.

(Proposed by the Chairman)

Note:  *Report previously circulated copy attached to minutes.

To consider any amendments to the Constitution following Motions approved by Council in the period since the last meeting.

The Committee is requested to note Motion 568 (Councillor A Wilce) which was approved by Council on 24 February 2021 and that amendments were made to the Constitution accordingly:

That, to prevent further ambiguity by making the wording more concise, this Council resolves to amend Rule 14.4 (Automatic reference to Committee) by removing the reference to ‘Council’ and replace it with ‘Chairman’ and to insert after ’report’ ‘unless an alternative proposition is put forward and is accepted’

So as to read:

14.4 Automatic Reference to Committee

If the subject matter of any Motion, of which notice has been duly given, comes within the province of the Cabinet or any Committee or Committees it shall, upon being formally moved and seconded, shall stand referred, without the mover or seconder of the Motion speaking on the substance of the Motion and without any other discussion, to the Cabinet or such Committee or Committees, or to such other Committee or Committees as the Chairman may determine, for consideration and report, unless an alternative proposition is put forward and is accepted; and that the mover (or in his absence, the seconder) of the Motion should be invited to the Meeting of the Cabinet, Committee or Committees to amplify the Motion, but without any right to vote except as a Member of such Committee. Provided that the Chairman may, if he considers it convenient and conducive to the despatch of business allow the Motion to be dealt with at the meeting, at which it is brought forward.

Members were requested to consider the amendments to the Constitution approved by Council in the period since the last meeting.

The meeting NOTED that the following Motion 568 (Councillor A Wilce) was approved by Council on 24 February 2021 and that amendments had been made to the Constitution accordingly.

That, to prevent further ambiguity by making the wording more concise, this Council resolves to amend Rule 14.4 (Automatic reference to Committee) by removing the reference to ‘Council’ and replace it with ‘Chairman’ and to insert after ’report’ ‘unless an alternative proposition is put forward and is accepted’

So as to read:

14.4 Automatic Reference to Committee

If the subject matter of any Motion, of which notice has been duly given, comes within the province of the Cabinet or any Committee or Committees it shall, upon being formally moved and seconded, shall stand referred, without the mover or seconder of the Motion speaking on the substance of the Motion and without any other discussion, to the Cabinet or such Committee or Committees, or to such other Committee or Committees as the Chairman may determine, for consideration and report, unless an alternative proposition is put forward and is accepted; and that the mover (or in his absence, the seconder) of the Motion should be invited to the Meeting of the Cabinet, Committee or Committees to amplify the Motion, but without any right to vote except as a Member of such Committee. Provided that the Chairman may, if he considers it convenient and conducive to the despatch of business allow the Motion to be dealt with at the meeting, at which it is brought forward.

At the previous meeting the committee resolved that a working group be formed consisting of Cllrs Mrs F J Colthorpe, C J Eginton and L D Taylor (the Independent Persons also be requested to attend) to consider the model code once the detailed guidance had been received along with Appendix K of the Constitution.  To date the guidance has not been received, however members may wish consider starting work in advance of the receipt of the guidance.

At the previous meeting the Committee resolved that a working group be formed consisting of Cllrs Mrs F J Colthorpe, C J Eginton and L D Taylor (the Independent Persons also be requested to attend) to consider the model code once the detailed guidance had been received along with Appendix K of the Constitution.  To date the guidance has not been received, but members were asked if they wished to consider starting work in advance of the receipt of the guidance.

The Chairman indicated that detailed guidance had still not been received and therefore suggested that any discussion on the model code be deferred until the guidance was available.  This was AGREED.

To consider a start time for future meetings of the Committee.

There was a need for the committee to consider the start times of meetings, it was AGREED that the committee continue to meet at 6.00pm for the remainder of the municipal year.

Members are asked to identify any items they would like brought forward to future meetings.

It was suggested that the following items be added to the agenda for the next meeting of the committee to be held on 13 October 2021:

·         To consider the Governance Review  - in particular the membership of the Audit Committee and the outcome of any discussions from the Programming Panel meeting to be held in the near future.

·         Complaints.

·         The Model Code of Conduct and any work that had taken place by the working group, once the detailed guidance had been received.