Agenda item

In accordance with the provisions of Article 15.02 (a) and (c) of the Council’s Constitution,  to approve the recommended changes to the Constitution put forward by the Monitoring Officer and the Cabinet following a review undertaken by the Corporate Finance and Governance Portfolio Holder through a Working Party constituted for this purpose.

In accordance with the provisions of Article 15.02 (a) and (c) of the Council’s Constitution, Council considered the recommended changes to the Constitution put forward by the Monitoring Officer and the Cabinet following a review undertaken by the Corporate Finance and Governance Portfolio Holder through a Working Party constituted for that purpose.

It was reported that, on 16 February 2024 (Minute 91 referred), Cabinet had considered a report of the Corporate Finance and Governance Portfolio Holder, which requested it to approve the recommended changes to the Constitution for referral onto Full Council. The main proposals covered a number of miscellaneous amendments to the Articles of the Constitution, Access to Information Procedure Rules, Overview and Scrutiny Procedure Rules, the Financial Procedure Rules, the Webcasting Protocol, the Members’ Referral Scheme for Planning Applications (Planning Code & Protocol), the Members’ Allowances Scheme, the Functions and Delegated Powers of Portfolio Holders, Committees and Proper Officers and Officer Employment Procedure Rules, in order to ensure the Council’s Constitution remained effective, efficient and consistent at an operational level. 

A summary of the proposed changes compared to the existing Parts of the Constitution was provided under each heading in the background section of the Joint Report of the Monitoring Officer and the Cabinet (A.3) and in each case, the content had been revised to provide greater clarity, ensure effectiveness and efficient up to date working practices for both Members and Officers and also to ensure it was in accordance with legislation, where necessary.

Having considered the outcome of the annual review of the Constitution and the Cabinet’s recommendations arising therefrom, and in order to enable those recommendations to be approved and adopted:-

It was moved by Councillor M E Stephenson that Council resolved that:

(a)    the Council’s Constitution be amended to reflect the proposed changes as set out in Appendices A to L attached hereto the Monitoring Officer’s and Cabinet’s joint report (A.3);

(b)    Council notes and endorses that a comprehensive review of the Constitution will be undertaken and that it is likely to take place in 2025-2026; and

(c)    Council notes, welcomes and endorses that the Monitoring Officer, in consultation with the Corporate Finance & Governance Portfolio Holder, intends to exercise her delegated powers and make amendments to the following part of the Council’s Constitution:-

Article 10 (Community Consultation and Participation) - Table 2 will be updated.

Councillor Guglielmi addressed the Council during the debate on Councillor Stephenson’s motion.

It was moved by Councillor Harris and seconded by Councillor Alexander that Councillor M E Stephenson’s motion be amended by the addition of the following new paragraph:-

“(d) that the terms of reference of the Planning Committee and the Members’ Referral Scheme for Planning Applications be amended to allow the relevant Ward councillor(s) (or in exceptional circumstances, a member of the Planning Committee with the approval of the Chairman of the Planning Committee) to ‘call-in’ to the Planning Committee any planning application submitted to remove a Tree Preservation Order.”

Councillors Baker, I J Henderson, Harris and M E Stephenson addressed the Council during the debate on Councillor Harris’ amendment.

Pursuant to the provisions of Council Procedure Rule 16.5(e), and following an undertaking given by the Monitoring Officer that the purpose of his amendment would be considered, in due course, by the Review of the Constitution Portfolio Holder Working Party, Councillor Harris withdrew his amendment with the consent of his seconder.

Councillor Bray referenced a further amendment that he had intended to move in relation to the order of business on Planning Committee Agendas. However, in the light of the above, Councillor Bray informed Council that he would now pursue that intention via the Review of the Constitution Portfolio Holder Working Party.

Councillor M E Stephenson’s motion, on being put to the vote, was declared CARRIED.