To agree the scheme of delegation of Council functions as set out in Table 3, Part 3 of the Constitution. Table 3 sets out the committees which the Council has established, with the respective composition of members as set out, with responsibility to carry out the functions as set out.
The relevant section may be viewed at the following link:
Decision:
Council agreed the scheme of delegation of Council functions as set out in Table 3, Part 3 of the Constitution.
Table 3 sets out the Committees which the Council has established, with the respective composition of members as set out, with responsibilities to carry out the functions as set out.
Minutes:
Council considered the recommendation to agree the Council’s scheme of delegation, as set out in the Constitution.
The Chair proposed the recommendation which was seconded by Councillor Peter Fane.
Councillor Heather Williams proposed an amendment to powers and functions delegated by the Planning Committee, in relation to Part 3, Table 5.
Councillor Heather Williams said whilst the existing scheme of delegation might be the right option, it should have been brought in after first consulting, in the interest of rebuilding trust.
Councillor Heather Williams tabled a written copy of her amendment, as follows:
that after the sentence in Table 5 “Applications for consent or permission under the Town and Country Planning Acts and listed Building and Conservation Area Acts shall be dealt with under delegated powers unless”, the following words at the end of the first paragraph be deleted “and sound planning reasons are given for why this is considered necessary and the request is accepted by the Joint Director of Planning and Economic Development, in consultation with the Chair of Planning Committee (or Vice Chair in their absence), and that the following words be inserted: “and the officer’s recommendation is in conflict with that of the parish council or the local Member who has made the request”;
the words in brackets be deleted “(Footnote: Notwithstanding any decision is ultimately one for the officer themselves, the committee’s guidance in terms of decisions made in accordance with the delegation rules is that in cases which raise issues which are sensitive or controversial, the committee would expect the officer normally to refer the matter to committee)”;and
that after the words “The request by Parish Councils should be made within 21 days of the date of registration and by local Members not later than 28 days of the date of registration of the application, or within 14 days of receipt of any subsequent significant amendment to a current proposal”, the following words be deleted: “If the Joint Director, in consultation with the Chair, declines a request, a written explanation shall be given to the Parish Council and copied to the local Member.”
Councillor Dr Richard Williams seconded the amendment.
Councillor Deborah Roberts said she supported the amendment as she was aware of disquiet among parish councils that their concerns were brought to the Planning Committee, and that they felt these were being disregarded.
Councillor Dr Tumi Hawkins, Lead Cabinet Member for Planning, said whilst she was not surprised to see this amendment, she was disappointed. This was a forward-looking council. She could not accept this amendment to the process which the Council had put in place for working with parish councils, and she did not recognise the disquiet Councillor Roberts had mentioned. The Council had been holding quarterly meetings with parish councils and none had said they were unhappy with this current process.
Councillor Dr Tumi Hawkins said officers made their decisions based on material considerations. The minutes of the senior officers’ meetings were published and the parish councils were contacted to let them know the outcomes. She valued the input the District’s parish councils provided. A review would happen when appropriate.
Councillor Neil Gough, Deputy Leader, said there was no need for this amendment, and the Council had committed to looking at this process at the appropriate time.
Councillor Dr Richard Williams said Members said they would serve their communities, and if this amendment were to result in slightly longer Planning Committee meetings, then so be it. Reference had been made to a review at an appropriate time, but it would be good to have certainty about the timing. The council should respect the requests of parish councils and he could not see why the Council would not approve this amendment.
A vote was taken on the amendment of Councillor Heather Williams and votes were cast as follows:
In favour (9):
Councillors Grenville Chamberlain, Graham Cone, Sue Ellington, Mark Howell, Deborah Roberts, Bunty Waters, Heather Williams, Richard Williams, Nick Wright
Against (27):
Councillors Henry Batchelor, John Batchelor, Paul Bearpark, Anna Bradnam, Martin Cahn, Nigel Cathcart, Claire Daunton, Peter Fane, Corinne Garvie, Neil Gough, Jose Hales, Bill Handley, Sally Ann Hart, Geoff Harvey, Tumi Hawkins, Pippa Heylings, Steve Hunt, Tony Mason, Peter McDonald, Brian Milnes, Dawn Percival, Bridget Smith, Ian Sollom, Aidan Van de Weyer, Fiona Whelan, John Williams, Eileen Wilson.
Abstain (0)
The amendment was therefore declared to have fallen.
A vote was taken on the original motion and votes were cast as follows
In favour (27):
Councillors Henry Batchelor, John Batchelor, Paul Bearpark, Anna Bradnam, Martin Cahn, Nigel Cathcart, Claire Daunton, Peter Fane, Corinne Garvie, Neil Gough, Jose Hales, Bill Handley, Sally Ann Hart, Geoff Harvey, Tumi Hawkins, Pippa Heylings, Steve Hunt, Tony Mason, Peter McDonald, Brian Milnes, Dawn Percival, Bridget Smith, Ian Sollom, Aidan Van de Weyer, Fiona Whelan, John Williams, Eileen Wilson.
Against (9):
Councillors Grenville Chamberlain, Graham Cone, Sue Ellington, Mark Howell, Deborah Roberts, Bunty Waters, Heather Williams, Richard Williams, Nick Wright
Abstain (0)
Council
RESOLVED to
agreethe scheme of delegation of Council functions as set out in Table 3, Part 3 of the Constitution, setting out the Committees established, with the respective composition of members as set out, with responsibilities to carry out the functions as set out.