Agenda and minutes

Venue: Virtual meeting

Contact: Steven Corrigan  Democratic Services Manager

Note: View live at out Youtube channel - https://www.youtube.com/channel/UCTj2pCic8vzucpzIaSWE3UQ 

Items
No. Item

92.

Minutes pdf icon PDF 118 KB

To adopt and sign as a correct record the Council minutes of the meetings held on 5 March and 16 July 2020 - attached. 

Additional documents:

Minutes:

RESOLVED: to approve the minutes of the meetings held on 5 March and 16 July 2020 as correct records and agree that the Chairman sign them as such.

 

93.

Declarations of disclosable pecuniary interest

To receive any declarations of disclosable pecuniary interests in respect of items on the agenda for this meeting.  

Minutes:

None.

94.

Urgent business and chairman's announcements

To receive notification of any matters which the chairman determines should be considered as urgent business and the special circumstances which have made the matters urgent, and to receive any announcements from the chairman. 

Minutes:

The chairman advised councillors of general procedures to be followed in virtual meetings.

 

 

95.

Public participation

To receive any questions or statements from members of the public that have registered to speak. 

Minutes:

Mr Peter Richardson, Executive member of the Oxfordshire Neighbourhood Plan Alliance, submitted the following statement in support of Motion A of agenda item 18 on the Council agenda.

 

 “Members of the Oxfordshire Neighbourhood Plan Alliance have raised concerns in respect of consistent officer recognition of the status of made Neighbourhood Development Plans as a key part of the Development Plan and in accordance with Paragraphs 28 – 30 of the NPPF.

 

This recognition relates to policy interpretation and a full understanding of the intent, purpose and effectiveness of made Neighbourhood Plans as a vital contribution made in adding a local layer of context and as a result of a lengthy and comprehensive process including extensive local engagement, examination and referendum.

 

South has 12 made plans whose groups are ONPA members.

 

For the past 12 months, ONPA have been seeking dialogue with the Head of Planning, Planning Managers, Team Leaders and Policy officers to discuss these issues with very little useful progress”.

 

96.

Petitions

To receive any petitions from the public. 

Minutes:

None.

97.

Business adjourned from the last Council meeting held on 16 July 2020

At its meeting held on 16 July 2020, Council resolved to adjourn the debate on motion D until the next scheduled Council meeting in October. Council further agreed to adjourn the meeting, with motions E and F set out on the agenda to be included on the agenda for the next scheduled Council meeting in October.

 

For ease of reference the position on the debate on motion D prior to the adjournment debate motion is set out below. In light of this issue being the subject of an officer report at agenda item 14, Council will be invited to defer consideration of the motion until after that item.

 

 

Motion D: With the consent of Council, Councillor Ian White moved and ,in the absence of Councillor Jane Murphy, Councillor Caroline Newton seconded the following motion which omitted reference to the ward councillor call-in issue which had been dealt with at agenda item 9 (words shown by a strikethrough).

 

Changes to the Council’s Constitution have been made by the Chief Executive Officer (CEO) under Section 78 of the Coronavirus Act 2020, as documented in the CEO’s Decision Notice of the 18 May 2020.

 

These include the removal of the automatic referral of planning applications to the Planning Committee where Parish or Town Councils views are at odds with officer recommendations. This is an unnecessary removal of transparency, an affront to the natural democratic process, is disproportionate and inappropriate.

Additionally, a requirement has been introduced that where a Ward Councillor refers an application to the Planning Committee it has to be subject to the agreement of two other Councillors, being the Chair and Vice-Chair of the Planning Committee. This effectively creates a ‘right of Veto’ over a fellow Councillor, thus establishing an arbitrary two-tier system of Councillors where one Councillor effectively holds power over another, with no mechanism for appeal. Again, this is undemocratic and inappropriate.

For these reasons, this Council instructs that the changes referred to should be rescinded immediately, thereby restoring democratic control.

Council therefore agrees to reinstate the automatic referral of such planning applications to the Planning Committee.

 

Amendment

Councillor Anne-Marie Simpson moved, and Councillor Leigh Rawlins seconded the following amendment with deleted words shown by a strikethrough and additional words shown in bold.

 

“Changes to the Council’s Constitution have been made by the Chief Executive Officer (CEO) under Section 78 of the Coronavirus Act 2020, as documented in the CEO’s Decision Notice of the 18 May 2020. under his emergency powers within the council’s constitution, which permit him to take any action considered necessary in an emergency in consultation with Group Leaders.  The views of all group leaders were sought by Democratic Services on 15 May 2020 and occurred after the views of the Leader and Cabinet Member for Planning had been informally sought.

These changes include the temporary removal of the automatic referral to the Planning Committee of minor planning applications (eg 1-9 new houses) where the officer’s recommendation for approval/consent is in direct conflict with  ...  view the full agenda text for item 97.

Minutes:

With the agreement of Council, Councillor Ian White withdrew Motion D as the subject of the motion would be addressed in the officer report at agenda item 14 of the agenda.

 

Council agreed to defer consideration of motions E and F until agenda item 18.

98.

Treasury outturn 2019/20 pdf icon PDF 147 KB

Cabinet, at its meeting on 24 September 2020, considered the report of the interim head of finance on the outturn performance of the treasury management function for the financial year 2019/20.

 

The report of the interim head of finance, which the Joint Audit and Governance Committee considered on 22 September 2020 and Cabinet considered on 24 September 2020, is attached.

 

The Joint Audit and Governance Committee noted the treasury management outturn report 2019/20 and was satisfied that the treasury activities were carried out in accordance with the treasury management strategy and policy.

 

RECOMMENDATION: to

 

1.approve the treasury management outturn report for 2019/20; and

 

2. approve the actual 2019/20 prudential indicators within the report. 

 

Additional documents:

Minutes:

Council considered Cabinet’s recommendations, made at its meeting on 24 September 2020, on the outturn performance of the treasury management function for the financial year 2019/20. The Joint Audit and Governance Committee and Cabinet had considered the interim head of finance’s report and were satisfied that the treasury activities had been carried out in accordance with the treasury management strategy and policy.

 

RESOLVED: to

 

1.         approve the treasury management outturn report 2019/20; and

2.         approve the actual 2019/20 prudential indicators within the report. 

 

 

99.

Budget 2020/21 pdf icon PDF 129 KB

Cabinet, at its meeting on 1 October 2020, will consider the report of the interim head of finance on changes to the 2020/21 budgets to reflect the financial impact of the Coronavirus pandemic, and other matters, on the council.

The report, which Cabinet will consider on 1 October 2020, is attached.

 

Cabinet’s recommendations will be circulated to all councillors.

 

Additional documents:

Minutes:

Council considered Cabinet’s recommendations, made at its meeting on 1 October 2020, on changes to the 2020/21 budgets to reflect the financial impact of the Coronavirus pandemic, and other matters, on the council.

RESOLVED: to 

 

1.    agree that the net revenue expenditure budget for 2020/21 be increased to £16.177 million, with the increase to be funded from revenue reserves; and 

 

2.    agree the additions to the capital programme to be funded from capital receipts, as detailed in Appendix 2 of the interim head of finance’s report to Cabinet on 1 October 2020.

 

100.

Corporate Plan 2020-2024 pdf icon PDF 108 KB

Cabinet, at its meeting on 1 October 2020, will consider the report of the acting deputy chief executive – transformation and operations on the corporate plan 2020-2024.

The report, which Cabinet will consider on 1 October 2020, is attached.

 

Cabinet’s recommendations will be circulated to all councillors.

 

Additional documents:

Minutes:

Council considered Cabinet’s recommendations, made at its meeting on 1 October 2020 on the corporate plan 2020-2024.

 

Councillors expressed disappointment at the lack of response from the young and BAME community and acknowledged that more work was required to both understand the reasons for this and to improve engagement.

 

RESOLVED: to

 

1.    adopt the South Oxfordshire District Council Corporate Plan 2020-2024 set out in Appendix 4 to the report of the acting deputy chief executive – transformation and operations to Cabinet on 1 October 2020, with a marketing material launch following on 30 October 2020; and

 

2.    agree that the deliverability of the measures set out in Appendix 4 to the report of the acting deputy chief executive – transformation and operations to Cabinet on 1 October 2020 be kept under ongoing review.

 

101.

Delegation of enforcement functions from Oxfordshire County Council to South Oxfordshire District Council under Covid-19 legislation pdf icon PDF 128 KB

Cabinet, at its meeting on 1 October 2020, will consider the report of the head of legal and democratic on the  delegation of functions granted to Oxfordshire County Council under The Health Protection (Coronavirus, Restriction) (England) (No.3) Regulations 2020 that give local authorities powers relating to the control and prevention of coronavirus.

The report, which Cabinet will consider on 1 October 2020, is attached.

 

Cabinet’s recommendations will be circulated to all councillors.

 

Minutes:

Council considered Cabinet’s recommendations, made at its meeting on 1 October 2020, on the  delegation of functions granted to Oxfordshire County Council under The Health Protection (Coronavirus, Restriction) (England) (No.3) Regulations 2020 that give local authorities powers relating to the control and prevention of coronavirus.

RESOLVED to:

 

1.    accept the delegation of functions from Oxfordshire County Council to enable South Oxfordshire District Council to carry out the enforcement actions detailed in The Health Protection (Coronavirus, Restriction) (England) (No.3) Regulations 2020; 

 

2.    authorise the head of legal and democratic to enter into all necessary contracts and agreements to implement the delivery of the enforcement actions on behalf of Oxfordshire County Council under The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020; 

 

3.    authorise the head of legal and democratic to enter into all necessary contracts and agreements to implement the delivery of the enforcement actions on behalf of Oxfordshire County Council for any further period for which The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 may be extended by the Secretary of State for Health and Social Care and any enforcement actions which Oxfordshire County Council may delegate to the council in pursuance of any other provision (whether by statute, regulation or direction) by which The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 may be replaced, amended or supplemented; 

 

4.    authorise the head of housing and environment to perform the enforcement actions set out in any such agreements referred to (1) to (3) above, and to authorise other officers to exercise any of these actions. 

 

 

102.

Report of the leader of the council

1.       To receive the report of the leader of the Council

 

 

2.         Urgent cabinet decisions

 

In accordance with the Scrutiny Committee Procedure Rules, a Cabinet or Cabinet member decision can be taken as a matter of urgency, if any delay by the call in process would seriously prejudice the council’s or the public’s interest or that the decision cannot reasonably be deferred.  Treating the decision as a matter of urgency must be agreed by the chair of the Scrutiny Committee and must be reported to Council, together with the reasons for urgency.

 

Council is requested to note the details of the following urgent decisions.

 

 

Discretionary grants fund

 

On 27 May 2020, Councillor Leigh Rawlins, Cabinet member for finance, took a decision to approve the eligibility and funding level to distribute the Local Authority Discretionary Grants Fund (DGF) and authorise the acting deputy chief executive – place, jointly with the interim head of finance, to award the grants.

 

The chair of the Scrutiny Committee agreed to waive call in due to the Government requirement for the grant fund to open from 1 June 2020.

 

Discretionary business grants round two

 

On 18 June 2020, Councillor Leigh Rawlins, Cabinet member for finance, took a decision to approve Round Two of the Local Authority Discretionary Grants Fund (DGF) and authorise the acting deputy chief executive – place, jointly with the interim head of finance, to award the grants.

 

The chair of the Scrutiny Committee agreed to waive call in to ensure grants could be awarded to eligible businesses as soon as practicable.

 

Discretionary business grants top up fund

 

On 11 August 2020, Councillor Leigh Rawlins, Cabinet member for finance, took a decision to approve a top-up grant round of the Local Authority Discretionary Grants Fund (DGF) and to authorise the acting deputy chief executive – place, jointly with the interim head of finance, to award the grants.

 

The chair of the Scrutiny Committee agreed to waive call in due to the Government requirement for the grant fund to close on 28 August 2020.

 

Emergency Assistance Grant policy

 

On 27 August 2020, Councillor Sue Cooper, Leader of the council approved a grants policy and eligibility criteria to distribute the Local Authority Emergency Assistance Grant for food and other essential supplies.

 

The chair of the Scrutiny Committee agreed to waive call in due to the urgent need to open the grant scheme to allow the council to distribute the funds to support those in need.

 

Commercial negotiations with Capita and the review of Exchequer Services and Finance IT systems

 

Cabinet, at its meeting on 24 September 2020, considered a confidential report on the above issues.

 

The chair of the Scrutiny Committee agreed to waive call in to allow for the early implementation and progress of Cabinet’s decisions.

 

 

Minutes:

Councillor Sue Cooper, Leader of the council, provided an update on a number of matters. The text of her address is available on the council’s website.

 

Council noted the details of urgent decisions taken by Cabinet members and Cabinet as set out on the agenda in respect of the following issues:

 

·         Discretionary grants fund

·         Discretionary business grants round two

·         Discretionary business grants top up fund

·         Emergency Assistance Grant policy

·         Commercial negotiations with Capita and the review of Exchequer Services and Finance IT systems

 

 

 

103.

Review of the council's constitution pdf icon PDF 173 KB

To consider the report of the head of legal and democratic and monitoring officer on proposed changes to the council’s constitution – attached.

 

Minutes:

Council considered the report of the head of legal and democratic and monitoring officer on proposed changes to the council’s constitution.

Councillor Stefan Gawrysiak moved, and Councillor Maggie Filipova-Rivers seconded the following motion:

 

That Council:

1.    agrees to amend the Summary and Explanation section of the constitution as follows:

(i) to use ‘Chair’ as the default term throughout the constitution,

(ii) to add the following definition of the leader of the opposition:

“The opposition political group which holds the highest number of seats is known as the 'majority opposition group' with its leader known as the leader of the majority opposition group. If there are two or more larger opposition groups of the same size, the right of the title will alternate as agreed between the leaders of the groups or, in the absence of agreement, by Council”.

 

2.    agrees to amend the Council, Cabinet and all committee procedure rules to include:

“The Chair may choose to indicate how they wish to be addressed, according to personal preference.”

 

3.    agrees to amend the Council procedure rules as follows:

(i) procedure rule 4 be amended so that when the budget is discussed at Council meetings, questions and motions from councillors will follow consideration of the budget,

(ii) procedure rule 33 be amended to allow councillors to also ask questions of representatives appointed to outside bodies or joint committees,

(iii) procedure rule 36 be amended to require written answers to councillors’ questions at Council meetings, to be provided to Democratic Services for circulation at least 24 hours before a Council meeting to allow more time for councillors to digest the answer and draft a supplementary question,

(iv) procedure rule 40 be amended to state that motions to Council may not relate to a decision on an individual case, or a decision made on an individual case under planning, licensing or other regulatory legislation;

 

4.    agrees to amend the Joint Audit and Governance Committee procedure rules to clarify that only South Oxfordshire District Council members should vote on matters that solely relate to South Oxfordshire, and Vale of White Horse District Council members should only vote on matters that relate solely to the Vale;

 

5.    agrees to amend the Joint Staff Committee procedure rules terms of reference by replacing “to undertake development and performance reviews for the chief executive and head of paid service (based on the objectives and targets for the chief executive and head of paid service set by the leaders)” with: “To review the objectives and targets set by the leaders for the chief executive and review the formal performance and development reviews undertaken by the leaders.”;

 

6.    agrees to amend the scheme of delegation to the chief executive to add a delegation to allow the authorisation of additional senior officers to sign documents and to attest the affixing of the common seal, if this becomes necessary;

 

7.    agrees to amend the scheme of delegation to the acting deputy chief executive – transformation and operations, to  ...  view the full minutes text for item 103.

104.

Local Authorities (Members' Allowances) (England) Regulations 2003 - proposal to re-appoint a joint Independent Remuneration Panel pdf icon PDF 126 KB

To consider the report of the head of legal and democratic on the appointment of a joint independent remuneration panel with Vale of White Horse District Council – attached.

 

Minutes:

Council considered the report of the head of legal and democratic on the appointment of a joint independent remuneration panel with Vale of White Horse District Council to undertake a review of the councillors’ allowances scheme and make recommendations to Council.

RESOLVED: to:

1.    appoint a joint independent remuneration panel with Vale of White Horse District Council to carry out reviews of the councillors’ allowances schemes at both councils and make recommendations on any changes to the schemes to the relevant Council;

2.    make the appointment of the Joint Independent Remuneration Panel effective until May 2024, one year after the 2023 district council elections;

3.    to appoint South East Employers as one of the members of the Joint Independent Remuneration Panel, to act as chair and provide training to new panel members;  

4.    authorise the head of legal and democratic to make appointments to the Joint Independent Remuneration Panel. 

 

 

105.

Re-appointment of independent persons to advise on code of conduct issues pdf icon PDF 117 KB

To consider the report of the head of legal and democratic and monitoring officer on extending the term of office of two independent persons to advise on code of conduct issues – attached.

 

Minutes:

Council considered the report of the head of legal and democratic and monitoring officer on extending the term of office of two independent persons to advise on code of conduct issues.

 

RESOLVED: to authorise the monitoring officer to extend the terms of office of George Green and Chris Smith, the council’s independent persons for code of conduct matters until 31 May 2021.

 

106.

Questions on notice

No questions have been submitted from councillors in accordance with Council procedure rule 33. 

Minutes:

No questions were submitted by councillors under Council Procedure Rule 33.

107.

Motions on notice

To consider motions from councillors in accordance with Council procedure rule 38. 

 

  1. Motion by Councillor Ken Arlett, seconded by Councillor Stefan Gawrysiak

 

South Oxfordshire District Council has made Neighbourhood Plans central to the planning process, in securing 40% affordable housing, employment land, green environment etc’, this to stop developers running roughshod over our District.

 

Council requests the Planning Committee to support Neighbourhood Plans in its decision-making as far as it possibly can within planning law.

 

  1. Motion by Councillor Jo Robb, seconded by Councillor Andrea Powell

 

A recent report by the Environment Agency found that every river in England is polluted beyond legal limits. Only 14% of English rivers can be considered ecologically healthy.

 

Our rivers and streams are under threat from sewage discharge, chemicals, agricultural waste and inappropriate abstraction.

 

Council notes the growing public concern around pollution in our rivers and the popularity of wild swimming, paddling, kayaking and paddle boarding in the River Thames and its tributaries.

 

More importantly, Council notes the intrinsic value of clean water and healthy, biodiverse rivers.

 

Recognising the importance of the River Thames and its tributaries as natural assets of national significance and their value to our District and its communities, this Council:

 

  1. Asks officers to work with appropriate partners such as the Environment Agency, Thames Water, The Rivers Trust and others to work towards improved water quality and the elimination of sewage and agricultural pollution and inappropriate abstraction from the Thames and its tributaries;

 

  1. Asks officers to work alongside the Thames Champion and neighbouring Councils to call for an end to sewage discharges, and for the introduction of world-leading water quality legislation, a rigorous, enhanced water-testing regime and accurate up to date information on water quality and sewage spills to make the River Thames and its tributaries “Safe for All.”

 

 

  1. Motion by Councillor Alexandrine Kantor, seconded by Councillor Kate Gregory

 

The Council recognises:

 

?     The term BaME is not one that every person from an ethnic minority background identifies with but it is a term that everyone understands.

 

?     The brutal, and unlawful, death of George Floyd in the United States of America has justifiably triggered global protests against institutional racism faced by Black people right across the world, including here in the United Kingdom. This support has been revived following the recent aggression of Jacob Blake leaving him paralized.

 

?     These protests have come, alongside all the inequalities faced by Black people, in the wake of the devastatingly disproportionate impact of Covid-19 on BaME communities in Britain and other parts of the world.

 

?     It is clear that this impact has been made far worse by the structural inequalities Black people face when it comes to health, education and housing amongst the numerous obstacles that Black people encounter daily in the UK.

 

?     BaME people are 54% more likely than white people to be fined under the new coronavirus lockdown laws.

 

?     In the UK, 26% of instances of police using firearms are against Black people, despite Black people making up only 3.3% of the population.

 

?     51%  ...  view the full agenda text for item 107.

Minutes:

Prior to consideration of the motions, Council agreed, prior to the expiry of two and a half hours, in accordance with council procedure rule 12, to extend the duration of the meeting by half an hour. 

 

As per minute (97/10/20) Council considered the motions adjourned from the meeting held on 16 July 2020.

 

Motion E from the July Council meeting

 

With the agreement of Council Councillor Jane Murphy moved, and Councillor Caroline Newton seconded the following altered motion from that submitted to the Council meeting in July.

 

This Council recognises the excellent work of all local government staff across Oxfordshire during the ongoing COVID-19 crisis. Councils have worked together in these difficult times, demonstrating the clear benefits to residents of integrated delivery.  All Councils have gone the extra mile in delivering services to residents and have prioritised the most vulnerable members of our communities. This has inevitably incurred additional costs – c. £90 million across all tiers.  Whilst welcome, the additional Government funding provided to date does not cover all our increased costs.

 

Councils across Oxfordshire are now considering how they can balance budgets and protect frontline services, as we are later tonight. No Councillor nor party wants to see drastic cuts to vital Council services. We, as a group of democratically elected Councillors, should take the initiative to ensure that we continue to provide the best possible public services for our residents; we have a duty to respond to the national financial challenge ahead and to be open and honest with our residents.

 

Council therefore agrees that:

 

Further to the motion passed at the December 2019 Council meeting, reflecting that much has changed since, the Leader should write to the Secretary of State, noting that not all Districts are interested only in self-preservation and request that he actively pursues consideration of unitary options for Oxfordshire.   Recognising the current pressures on our staff and partners from addressing the COVID pandemic, and the increasing in the infection rates both nationally and regionally, the Leader should request that the Secretary of State ask MHCLG officials to convene and support a wide-ranging conversation with our local authority partners, business communities, residents and wider stakeholders, as soon as is practicable in 2021 to explore all viable unitary options for Oxfordshire that increase local accountability and maintain strong democratic links with communities”. 

 

 

During the course of the debate on this motion Councillor Jane Murphy, with the agreement of her seconder, Councillor Caroline Newton, agreed to withdraw her motion on the understanding that the issue of local government reform and unitary options would come before councillors shortly after Christmas.

 

Motion F from the July Council meeting

With the agreement of Council, Councillor Jo Robb moved, and Councillor Andrea Powell seconded the following altered motion from that submitted to the Council meeting in July. On being put the motion was declared carried.

 

RESOLVED:

 

That Council notes the growing popularity of wild swimming, paddling, kayaking and paddle boarding in the River Thames and its tributaries and, more  ...  view the full minutes text for item 107.

108.

Exclusion of the public

To consider whether to exclude members of the press and public from the meeting for the following items of business under Part 1 of Schedule 12A Section 100A(4) of the Local Government Act 1972 and as amended by the Local Government (Access to Information) (Variation) Order 2006 on the grounds that:

(i)        they involve the likely disclosure of exempt information as defined in paragraph 3 Part 1 of Schedule 12A of the Act, and

(ii)       the public interest in maintaining the exemption outweighs the public interest in disclosing the information. 

 

Minutes:

RESOLVED: to exclude members of the press and public from the meeting for the following item of business under Part 1 of Schedule 12A Section 100A(4) of the Local Government Act 1972 and as amended by the Local Government (Access to Information) (Variation) Order 2006 on the grounds that:

(i)        it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act, and

(ii)       the public interest in maintaining the exemption outweighs the public interest in disclosing the information. 

 

 

 

109.

Impact of Covid-19 on leisure facilities

Cabinet, at its meeting on 1 October 2020, will consider the confidential report of the interim head of development and regeneration on the impact of Covid-19 on leisure facilities.

 

The confidential report of the interim head of development and regeneration, which Cabinet will consider on 1 October 2020, is attached.

 

Cabinet’s recommendations will be circulated to councillors.

 

 

Minutes:

At its meeting on 1 October 2020 Cabinet considered the confidential report of the interim head of development and regeneration on the impact of Covid-19 on leisure facilities. Cabinet made no recommendation to Council at this time.

 

Councillor Maggie Filipova-Rivers, Cabinet member for community services, provided a verbal update to Council.

 

110.

Budget 2020/21

The confidential appendices to the budget 2020/21 item (agenda item 9) are attached.

 

Minutes:

Council noted the revised confidential appendix 1, circulated following the Cabinet meeting on 1 October 2020, and confidential appendix 2 to the interim head of finance’s report to Cabinet on 1 October 2020.

 

 

111.

Review of planning application call-in and trigger arrangements for decision making pdf icon PDF 134 KB

To consider the report of the head of legal and democratic on three aspects of the scheme of delegation to the head of planning attached.

 

Minutes:

Council considered the report of the head of legal and democratic on three aspects of the scheme of delegation to the head of planning

 

Councillor Anne-Marie Simpson moved, and Councillor Peter Dragonetti seconded the following motion:

 

That Council 

 

1.    agrees, with effect from the date of this meeting, to extend the temporary change in town or parish trigger arrangements agreed by the chief executive under emergency powers on 18 May 2020 so that minor applications (e.g. 1-9 new houses) continue not to be automatically triggered and referred to the Planning Committee where the officer’s recommendation for approval/consent is in direct conflict with the clear and unambiguous views of the town or parish council;

 

2.    agrees to further review the operation of these town or parish trigger arrangements at a Council meeting by no later than 31 July 2021;

 

3.    agrees, with effect from the date of this meeting, that a ward councillor (to include adjacent ward councillor whose parish has been consulted) may call in a planning application (except an application for a certificate of lawful use or development, prior approval or notification), within 28 days of the start of the consultation period, to be considered by the Planning Committee. This request must be in writing and refer to material planning matters to ensure the audit trail for making that decision is clear and unambiguous;

 

4.    agrees, with effect from the date of this meeting, to make permanent the change that prior approvals and notifications are no longer referred to the Planning Committee;

 

5.    authorises the head of legal and democratic to make the necessary changes to the Constitution and to make any minor or consequential amendments to the Constitution and the rules for consistency and to reflect the council’s style guide.

 

In moving the motion, Councillor Anne-Marie Simpson stated that there was an increasing number of planning applications waiting to be considered by the planning committee and therefore the temporary change in town and parish council trigger arrangements needed to continue to help reduce a building backlog of applications waiting for a committee decision. The motion sought to simplify the ward councillor call-in arrangements with the removal of the previous consultation arrangements with the head of planning and chair and vice chair of the planning committee. Ward councillors would now have an automatic right to refer an application to the planning committee thus recognising the local community leadership role of ward councillors. 

 

 

 

 

Amendment 1

 

Councillor Stefan Gawrysiak moved, and Councillor Mocky Khan seconded an amendment to restore the automatic trigger and referral of minor applications (e.g.1-9 houses) to the planning committee where the officer’s recommendation for approval/consent is in direct conflict with the views of the town or parish council.

 

Those who supported the amendment expressed the view that it was important to restore the local democratic right of parish/town councils to have such applications considered by the planning committee. However, the majority of councillors supported the view that going back to the old scheme at this time would  ...  view the full minutes text for item 111.

 

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