To consider the following motion that has been passed to this Committee from Council.
This Council agrees to clarify the rules in the constitution relating to who can speak at working groups and to non planning application agenda items at the planning committee. This motion seeks to establish the right in law of Councillors to participate in the democratic process without relying on a Chairman's discretion.
Minutes:
The Committee had before it a motion that has been passed to this Committee from Council for consideration.
This Council agrees to clarify the rules in the constitution relating to who can speak at working groups and to non-planning application agenda items at the planning committee. This motion seeks to establish the right in law of Councillors to participate in the democratic process without relying on a Chairman's discretion.
The meeting was provided with the current wording within the Constitution (Access to Information Rules 27.5) which stated that “A Councillor who is not a member of the Planning Committee may attend that Committee and speak on an item that affects their ward and in relation to all other Committees may attend to speak on a matter”
The Monitoring Officer also provided some suggested wording to be inserted into the Constitution that may overcome the issue raised within Motion 546 that “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)”
Cllr Mrs Roach was invited to speak to her motion; she explained that she had attended a previous Planning Committee and had requested to speak to a non-planning application agenda item and not been allowed to. Therefore the motion requested that the situation be clarified, as she understood that any Member of the Council could attend any meeting and speak, although she was aware that only Ward Members could speak to individual planning applications. She felt that the suggested wording put forward by the Monitoring Officer was satisfactory and would cover the issue that she had raised.
Consideration was given to:
· Neighbouring Wards that could be affected by a planning application
· The use of public question time for non Ward Members to speak
· Previous planning applications which had impacted on more than one Ward
It was therefore RECOMMENDED to Council that Motion 546 be supported and that the Constitution be amended by replacing the original wording in paragraph 27.5 to the Access of Information Rules with the following” “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 9.32 and 9.3 of the Protocol of Good Practice for Councillors Dealing in Planning Matters (Appendix J to the Constitution)”
(Proposed by the Chairman).
Note: Cllr Mrs F J Colthorpe declared a personal interest as Chairman of the Planning Committee.