Decision details
Constitution Working Group
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decisions:
The purpose of this report was to update Members on the present review of the Constitution.
Under Section 9P of the Local Government Act 2000, the Council was under a statutory duty to keep its Constitution under constant review ensuring its’ content was kept it up to date.
Monthly reviews of the Council’s Constitution took place with the Council’s Monitoring Officer and the Members of the Constitution Working Group (CWG).
The report set out several proposals for the revision of the following chapters/paragraphs within the Council’s Constitution:
· Chapter 3, Part 3.1 – Powers and Delegations 2.10 Emergency Committee (Appendix C)
· Chapter 5, Part 5.2 – Planning Code of Good Practice/Planning Chapter (Appendix A & B)
· Delegation(s) to staff – Telecommunications Networks (Appendix F)
· Proposed addition of paragraph 12.2 (e) and Proposed change to Chapter 4 Rules of Procedure (Appendix D)
The cross-party Constitution Working Group (CWG) were consulted on the proposed changes required. The attached appendices reflected the significant and detailed contributions from the Working Group Members.
Cllr Hossack MOVED and Cllr Mynott SECONDED the RECOMMENDATIONS within the report with some additional wording to R3. Following a debate a vote was taken and the MOTION was CARRIED as follows:
Members agreed:
1. To the amendments made to the Planning Code of Good Practice and Planning Chapter and adopt them within the Council’s Constitution set out in Appendices A and B.
2. To the permanent inclusion of Chapter 3 at 2.10 the Emergency Committee (Section 40 Standing Orders) within Constitution as set out in Appendix C.
3. That Delegated Authority be given to the Director of Planning and Economy and appropriate officers to determine planning applications relating to Telecommunications Networks within the Borough. The appropriate officers to provide a process to the Planning Committee of how these matters will be decided either as a delegated decision or by way of referral to the Planning Committee.
4. To adopt the proposed addition of paragraph 12.2 (e) and Proposed change to Chapter 4 Rules of Procedure within the Constitution as shown in Appendix D.
Report author: Amanda Julian
Publication date: 28/01/2021
Date of decision: 02/12/2020
Decided at meeting: 02/12/2020 - Ordinary Council
Accompanying Documents:
- CWG Report draft - FINAL PDF 387 KB
- Appendix A - Planning Code of Conduct FINAL PDF 256 KB
- Appendix B - Chapter FINAL PDF 562 KB
- Appendix C - Terms of Reference Emergency Committee - final version PDF 127 KB
- Appendix D - Article 12 page 24 of the Constitution PDF 240 KB
- Appendix E Telecommunication Prior Notification Applications - report and minutes 11.3.2020 PDF 439 KB
- Appendix F - CWG Workplan 2020-2021 PDF 338 KB