Issue - meetings

Review of the Constitution 2016

Meeting: 23/02/2017 - Planning Committee (Item 135)

135 Review of the Constitution pdf icon PDF 73 KB

To consider the attached report of the Director of Governance.

 

Due to its size, the appendix to the report has been published as a supplement to the main agenda.

Additional documents:

Minutes:

The Team Leader – Democratic Support introduced the report that had previously been to the Governance Committee and Council. The report was unchanged from the one considered by Council on 25 January 2017.  None of the changes proposed affected the balance of Member/Officer decision-making.  The changes affecting Planning delegations reflected changes in legislation or were a general tidying up of the existing delegations.

 

RESOLVED:   That the report be noted.

 


Meeting: 25/01/2017 - Council (Item 69)

69 Review of the Constitution 2016/17 pdf icon PDF 62 KB

To consider the attached report of the Director of Governance.

 

Due to the number of pages in the attachment it has been created as a supplementary paper to the agenda.

 

For information, The Leader of the Council amended the Scheme of Officer Delegations in relation to Executive Functions on 21 December 2016.

Additional documents:

Minutes:

The Review of the Constitution 2016/17 was presented by the Director of Governance.

 

Councillor P G Heath expressed his thanks to the Director of Governance and his team for their work in producing the Review of the Constitution.

 

It was moved by Councillor P G Heath that the recommendations of the Governance Committee, including the amendment to item 21 of the delegations to the Head of Regeneration and Development (Council Function), with the addition of the changes circulated at the meeting to items 45 and 46 of the delegations to Head of Regeneration and Development (Council Function) be agreed as followed:

 

(a)  AMEND Council Function, Delegation to Head of Regeneration and Development - Item 21 (h) to now read: “(h) Powers to enter into planning obligations, to modify and discharge planning obligation and related powers.”

 

(b)  DELETE Council Function, Delegation to Head of Regeneration and Development - Item 45 as follows:

 

Column 1

Legislation

Column 2

Brief Description

Column 3

Conditions/Exclusions

Limitations/Notes

72. 45

Section 16(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) as applied by section 74(3) of that Act

Power to determine applications for conservation area consent

 

 

(c)  AMEND Council Function, Delegation to Head of Regeneration and Development – Item 46 as follows:

 

Column 1

Legislation

Column 2

Brief Description

Column 3

Conditions/Exclusions

Limitations/Notes

46

Section 13(1) and 14(1) and (4) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and regulations 3 to 6 and 13 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (S.I. 1990/1519) and paragraphs 8,15 and 26 of Department of the Environment, Transport and the Regions Circular 01/01 and The Arrangements for Handling Heritage Applications – Notification to Historic England and National Amenity Societies and the Secretary of State (England) Direction 2015

Duties relating to applications for listed building consent and conservation area consent.

 

 

It was duly seconded and

 

RESOLVED:     (a)     That that the proposed changes in the Review of the Constitution 2016, specifically relating to Part 3, Responsibility for Functions, Section 1 (Responsibility for Local Choice Functions), Section 2 (Responsibility for Council Functions) and Section 6, Sub Section C (Scheme of Officer Delegations) that relate to Council functions be approved and incorporated into the Council’s Constitution, issue no. 20.

 

                          (b)     That the proposed changes to items 21, 45 and 46 relating to Council functions in Part 3, Responsibility for Functions, Section 6, Sub Section C (Scheme of Officer Delegations) in respect of the delegations to the Head of Regeneration and Development be approved and incorporated into the Council’s Constitution, issue no. 20.

 


Meeting: 01/12/2016 - Governance Committee (Item 38)

38 Review of the Constitution 2016 pdf icon PDF 62 KB

To consider the attached report of the Director of Governance.

 

The Constitution of the Council is attached as a supplement to this agenda.

Additional documents:

Minutes:

The Director of Governance presented the Review of the Constitution 2016 undertaken in accordance with Article 15 of the Council’s Constitution which provided for an annual and ad-hoc review. The review incorporated a number of changes to the functions of the Planning Committee (Part 3, Responsibility for Functions, Sections 1 and 2) and to the Scheme of Officer Delegations (Part 3, Section 6, Sub Section C).

 

The proposed changes to Sections 1 and 2 were to make the functions more transparent and easier to understand to prevent challenge. The Committee received an update to the report to amend the Council Function, Delegation to Head of Regeneration and Development item 21 (h) to read:

 

“(h)    Powers to enter into planning obligations, to modify and discharge planning obligation and related powers.”

 

The proposed changes within Section 6 reflected organisational changes and as with Sections 1 and 2, made the functions more transparent and easier to understand.

 

Members asked that officers be thanked for their work in producing the report and

 

RESOLVED:     (a)     That it be recommended to Council that the proposed changes in the Review of the Constitution 2016, specifically relating to Part 3, Responsibility for Functions, Section 1 (Responsibility for Local Choice Functions), Section 2 (Responsibility for Council Functions) and Section 6, Sub Section C (Scheme of Officer Delegations) that relate to Council functions be approved and incorporated into the Council’s Constitution, (issue no. 20) subject to the following amendment:

 

                                   Council Function, Delegation to Head of Regeneration and Development item 21 (h) to read:

 

                                   “(h) Powers to enter into planning obligations, to modify and discharge planning obligation and related powers.”

 

                          (b)     That it be recommended to Council that the proposed changes in the Review of the Constitution 2016, specifically relating to Part 3, Section 6, Sub Section C (Scheme of Officer Delegations) that relate to executive functions be approved.