Agenda item

To consider two reports recently agreed for recommendation to Council by the Constitution Working Group (see pages 169-180):-

(1)      Report of the Senior Manager and Deputy Monitoring Officer

Proposed Constitutional Changes

To review and update the Constitution and make relared appointments.

(2)      Report of the Interinm Executive Director of Planning and Local Services

Review of Planning Terms of Reference

To review the Strategic Planning Committee terms of reference and powers as set out in the Council’s Constitution. The change is proposed following a formal recommendtaion for clarification from the Local Government Ombudsman.

Council was asked to consider two reports recently agreed for recommendation to Council by the Constitution Working Group:-

(1)        Report of the Senior Manager and Deputy Monitoring Officer

Proposed Constitutional Changes 

Council was asked to review and update the Constitution and make related appointments. 

The Deputy Monitoring Officer proposed that, with regard to recommendation 4, the words “and the constitution amended accordingly” be deleted and insert “for information” instead.

Councillor Dickinson supported the recommendations with the exception of the increased numbers on Committees to provide any Group with a better position.

RESOLVED that:-

(a)       Part 3 of the Constitution – Membership of Committees 2020/21 be amended in the following respect:

·       Amendment of the table of committees on page 45 of the Constitution, to reflect the size of the Petitions Committee, Standards Committee and Staff and Appointments Committees is now 9 members, following the decision of full council on the 26^th May 2021

·       Amendment of the year specified in the table of committees on page 45 of the Constitution from 2020/21 to 2021/22;

(b)        Council agree that references to the Chief Executive also being a Director of the NHS Foundation Trust and the Executive Director of HR/OD and Deputy CEO being seconded from the NHS Foundation Trust are removed from the relevant sections of the Constitution, as set out in paragraph 6 of the report;

(c )      Council note that the functions of the Executive Director of HR/OD and Deputy Chief Executive are currently being exercised by the Chief Executive as Head of Paid Service in accordance with Part 4.1 para 5.9 of the constitution, except in matters where there is a conflict of interest, whereby those matters will be delegated to the         appropriate Executive Director; and

(d)        Council note that following the current Management Review, the revised structure will be reported to a future meeting of Constitution Working Group for information.

(2)        Report of the Interim Executive Director of Planning & Local Services

Review of Planning Terms of Reference 

The report reviewed the Strategic Planning Committee Terms of Reference and Powers as set out in the Councils Constitution.  The change was proposed following a formal recommendation for clarification from the Local Government Ombudsman.  

RESOLVED that the Strategic Planning Committee Terms of Reference be  amended, as detailed below in bold and italics, to ensure clarity on whether an application is to be considered at Strategic Planning Committee, or at the Local Area Council Planning Committee:-

            STRATEGIC PLANNING COMMITTEE

            Terms of Reference and Powers

      (a)  To exercise the powers and duties of the Council as Planning Authority in relation to development management under the Town and Country Planning Acts and other associated/related legislation and in particular, but not limited to, those functions listed in Schedule1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, including the following matters which specifically require a decision by the Strategic Planning Committee:

·       minerals and waste planning

·       development concerning major energy and physical infrastructure proposals such as wind farms

·       planning applications involving more than 100 houses and/or more than 1,000 sq metres of commercial floorspace

·       planning applications involving less than 100 houses and/or less than 1,000 sq metres of commercial floorspace which raise significant strategic planning policy issues, and

·       any other planning applications which represent a significant departure from the Development Plan

All applications are to be determined by the Chief Planning Officer in accordance with the powers set out in the internal scheme of delegation except for the following which fall to theLocal Area Council Planning Committee to be determined:

·       Applications submitted by or on behalf of elected members of the Council or by their spouses/partners

·       Applications involving land and/or premises in the ownership or under the control of elected members of the Council or their spouses/partners

·       Applications in which any senior officer* of the Council has a personal and prejudicial interest

·       Determination of applications submitted by or on behalf of the Council (or by or on behalf of companies controlled by the Council); or of applications relating to land in which the Council (or company) has a significant interest (NB council to refuse such applications is delegated)

·       Approval of applications where, in the opinion of the Relevant Officer, such an approval would constitute a departure from the approved Development Plan and would require a reference to the Secretary of State

·       Any application which an elected member of the Council requests should be considered by the Committee, provided the request is in writing, is received within 21 days of the application appearing on the weekly list, and is supported by bona fide planning reasons (which will be reported to the Committee together with the Councillor’s name)

·       Any application which the Relevant Officer considers should be determined by the Committee because of special planning issues or considerations it raises including significant local interest, and

·       Determination of applications where there are contrary comments received within the consultation period given raising bona fide planning issues from statutory consultees as defined in National Planning Practice Guidance.

      *For the purposes of the Scheme of Delegation, Senior Officer is defined as Director or Head of Service (or equivalent title)

      (b)  Those functions prescribed by the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 as not being executive functions and not elsewhere allocated by this Constitution.