Agenda item

To consider the report of the head of legal and democratic – attached.

Council considered the report of the head of legal and democratic on proposed changes to the council’s virtual meeting procedure rules to allow public participation to resume and clarification of the scheme of delegation to the head of planning.

Councillor Sue Cooper moved, and Councillor Anne-Marie Simpson seconded the following the motion:

That Council:

1. adopts the revised Virtual Meeting Procedure Rules attached at appendix

one to the report of the head of legal and democratic to Council on 16 July 2020 which provide for public participation at virtual formal council meetings, to apply from the date of this meeting;

2. agrees corrected wording for the head of planning’s delegation 1.1 a ii in

the council’s constitution to clarify call-in of planning applications by ward

councillors as set out in appendix two to the report of the head of legal and democratic to Council on 16 July, to apply from the date of this meeting until a review by full council of their operation, to be undertaken no later than the end of October 2020;

3. notes the intention to resume Planning Committee site visits but authorises the head of planning, in consultation with the chair of the Planning Committee, to suspend them if at any time it becomes unsafe to do so;

4. 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.

5.  agrees that a further report on the operation of call-in procedures relating to planning matters will be brought to Council no later than the end of October 2020, with the aim of introducing a revised long term scheme of delegation regarding call in at that time, or as soon as possible thereafter.

Councillor Ken Arlett moved and Councillor Stefan Gawrysiak seconded an amendment as set out below:

1.    As motion.

2.    That to apply from the date of this meeting the wording of delegation 1.1 a ii should read “A ward councillor (to include adjacent ward councillor whose parish has been consulted) calls in the application to be considered by the Planning Committee within 28 days of the date of registration of the application (unless an extension to the consultation period has been granted.) 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. Councillors’ right of call-in does not apply to applications for certificates of lawful use or development, prior approvals and notifications”.

3.    As motion.

4.    As motion.

5.    Deleted.

Those councillors in support of the amendment expressed the view that locally elected councillors should, having knowledge of the local issues and views, have the power to refer planning applications to the Planning Committee for consideration. This power should not reside with officers. Other councillors expressed the view that the delegation to the head of planning would ensure that valid planning reasons are provided for the call-in of planning applications to the Planning Committee.

In accordance with Council Procedure Rule 67, which provides for a recorded vote if three members request one, the chair called for a recorded vote on the amendment which was declared lost with the voting as follows:

A number of councillors noted that a review of the call-in procedures would be brought to Council by the end of October 2020 and welcomed the ability to resume public participation in meetings. 

In accordance with Council Procedure Rule 67, which provides for a recorded vote if three members request one, the chair called for a recorded vote on the original motion which was declared carried with the voting as follows:

RESOLVED:

That Council:

1. adopts the revised Virtual Meeting Procedure Rules attached at appendix

one to the report of the head of legal and democratic to Council on 16 July 2020 which provide for public participation at virtual formal council meetings, to apply from the date of this meeting;

2. agrees corrected wording for the head of planning’s delegation 1.1 a ii in

the council’s constitution to clarify call-in of planning applications by ward

councillors as set out in appendix two to this report, to apply from the date

of this meeting until a review by full council of their operation, to be undertaken no later than the end of October 2020;

3. notes the intention to resume Planning Committee site visits but

authorises the head of planning, in consultation with the chair of the

Planning Committee, to suspend them if at any time it becomes unsafe to

do so;

4. 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.

5.  agrees that a further report on the operation of call-in procedures

relating to planning matters will be brought to Council no later than the end of

October 2020, with the aim of introducing a revised long term scheme of delegation regarding call in at that time, or as soon as possible thereafter.