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 1st 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 put forward in support of the working arrangements for those committees and groups.
Minutes:
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 conducive to the despatch of business allow the Motion to be dealt with at the meeting, at which it is brought forward.
(Proposed by Cllr R M Deed and seconded by Cllr Mrs N Woollatt)
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 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.
The Monitoring Officer outlined the contents of the motion.
Consideration was given to:
· What would qualify an adjacent ward member to speak to an application and whether it was just the impact of the application on an adjacent ward
· The history behind the motion and the use of the Chairman of the Planning Committee’s discretion to allow an adjacent ward member to speak if it was felt that an application did impact on an adjacent ward and that this already happened if an adjacent ward member notified the Chairman of the committee of their wish to speak.
· The number of occasions that this had already taken place.
· The Chairman of the committee was usually amenable to any request
· Whether the motion removed the Chairman’s discretion.
· The implications of the second part of the motion which would allow any member to speak to any application within the district, even if it did not impact on their ward.
It was therefore
RECOMMENDED to Council that Motion 570 not be supported.
(Proposed by the Chairman)
iii) Any other matters or motions referred from Council on 1st July 2021
To consider items passed to the Standards Committee from the Council meeting held on 1 July 2021.
There had not been any items referred to the committee from Council.
iv) To consider and note the resolutions of Council with regard to the Governance Review
The committee were requested to consider the resolution of the Council on 17 March 2021 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 put forward in support of the working arrangements for those committees and groups.
The Chairman indicated that no official proposals had been put forward to the committee following the Governance Review and suggested that an item be added to the agenda for the next meeting to consider any requests for constitutional change, to include the number of members on the Audit Committee and the outcome of any discussions following the meeting of the Programming Panel.
RESOLVED that this item be deferred to the next meeting.
(Proposed by the Chairman)