Agenda item

To recommend changes to the Constitution of the Council.

The Monitoring Officer presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'G' to these Minutes in the Minute Book.

 

The report included a summary of the recommendations of the Constitution Issues Working Group which had been formed by the Committee in October 2019 and which had subsequently met on three occasions. The Group had particularly considered a schedule of issues identified since the formal establishment of the Bournemouth, Christchurch and Poole Council (‘BCP Council’). The Group also consulted with Councillors across the Council.

 

There was discussion and debate about the recommendations from the Working Group.

 

Statutory Officers Disciplinary arrangements

In response to questions, it was confirmed that it was the full Council which would determine which Councillors would be appointed to the Investigation and Disciplinary Committee in accordance with nominations from Political Groups and it was suggested that Council would want to ensure that those nominated had experience which was appropriate for the role. It was also confirmed that the new Committee, a Committee of Council, would be Politically balanced, annually appointed and have an annually elected chair.

 

All Councillors to sit on one Committee

The view of the Committee was that although there should be a clear expectation to this effect, it should not become an absolute requirement.

 

Time and venue of meetings

The Committee noted that within the context of the Calendar of meetings set and agreed annually by Council there would still be some occasions when, still subject to the agreement of the Chairman, the venue of a meeting would be changed.

 

‘Calling-in’ planning applications to Planning Committee

The Committee considered a wide range of issues and heard from the Head of Planning about the likely impact of any changes on both duration of Committee meetings and on professional advice and processing resources within the Planning service. It was noted that a similar provision had applied in at least one of the legacy Councils.

 

There was also discussion about introduction of a policy whereby planning applications would be referred for determination by the Committee if subject of a set number of representations from members of the public that were contrary to the recommendation of the Planning Officer. The view of the Committee was that these representations should not be restricted by being limited to persons within the BCP Council area.

 

It was proposed and seconded that the reference to Committee should be triggered when there were 15 representations from different addresses. By way of an amendment, it was proposed and seconded that reference to Committee should be triggered when there were 20 representations from different addresses and, on being put to vote, the amendment was carried (Voting: For the amendment 6; Against 3). As a Substantive motion, the motion was carried (Voting: For the motion: Unanimous).

 

There was a recognition that the Head of Planning and the Monitoring Officer would need to work closely together on the implementation of this change.

 

It was also noted that further work would also be undertaken around how to deal with retrospective planning applications and additional proposals suggested for further discussion.

 

Officers undertook to feedback to the Committee on the impact and effect of the changes over time.

 

Public participation and access including limits on statements and questions

The Committee was of the view that, at full Council meetings, public questions and statements should be limited to a maximum of four per questioner per Municipal year although a question or statement could relate to any Council business although, by contrast, public questions and statements at Cabinet and Committees should relate to an item on the agenda of the meeting.

 

In considering this recommendation from the Working Group the Committee took into account particularly the views of the Overview and Scrutiny Board whose expressed concern was that the power of the public to raise questions and make statements at the Overview and Scrutiny Board should not be unduly restricted. It was noted however that the standing ‘Forward Plan’ item on the agenda for all Overview and Scrutiny Committees and the ability to ask questions and make statements on that item effectively served in practice to alleviate the risk of excluding genuine questions and statements.

 

Recording votes

The Committee was of the view that the rights which currently applied only at full Council whereby 25% of those present at a meeting may request a recorded vote should be extended across all meetings.

 

Minutes of Committees in Council agenda, Voting on appointments, new Terms of Reference for Audit and Governance Committee, Interim Shadow Council arrangements and Technical and Administrative changes

 

The Committee supported the recommendations and approach of the Working Group in relation to the above issues.

 

Members concluded with a discussion about the future of the Working Group and were invited to submit any further issues for discussion, or any which arose in the future, to the Monitoring Officer. When there were sufficient items or if there was a key subject then, in consultation with the Chairman, a proposal could be put for to reconvene the Working Group.

It was important to ensure that the Audit and Governance Committee maintained an appropriate level of overview of the Council’s Constitution.

 

RECOMMENDED

 

(a)  That the following additions and amendments to the Bournemouth, Christchurch and Poole Council Constitution be approved and incorporated within the Constitution.

 

Statutory Officers Disciplinary arrangements

 

1. That an ‘Investigation and Disciplinary Committee’ be established as a Committee of Council with the Terms of Reference and membership as set out in appendix A of the report to the Audit and Governance Committee;

 

2. That an ‘Independent Persons Panel’ be established consisting of three Independent Persons appointed pursuant to the Localism Act requirements;

 

3. That the Terms of Reference of the existing Appeals Committee be amended to include responsibility for determining appeals relating to disciplinary action in respect of the relevant Statutory Officers;

 

All Councillors to sit on a least one Committee

 

4. That there should be an expectation that all Councillors will sit on at least one Committee or Panel of the Council;

 

Minutes in Council agenda

 

5. That the requirement to agree and publish Minutes of all Committees at meetings of full Council be deleted;

 

‘Calling-in’ planning applications to Planning Committee

 

6. That the ‘call-in’ period for Councillors should commence from the time at which the planning application is electronically published on the Bournemouth, Christchurch and Poole Council website;

 

7. That, where there are amendments to plans which require a further publication period, Councillors may call in the application during that further publication period;

 

8. That a planning application be ‘called-in’ to the Committee where there have been 20 representations, based on planning grounds, from separate addresses that are contrary to the recommendation of the planning officer and that the Head of Planning have the authority to make the decision as to whether the contrary objections are based on planning grounds;

 

9. That the Head of Planning have a wide discretion to refer planning applications to the Committee himself where he considers that it is appropriate to do so;

 

Public participation and access

 

10. That the new Appendix 6 and the new Petition Scheme as set out in appendices B and C of the report to the Audit and Governance Committee be approved and adopted;

 

Recording votes

 

11. That the provision allowing 25% of members present at a meeting to request a recorded vote be extended to all Committees;

 

Terms of Reference for Audit and Governance Committee

 

12. That the revised Terms of Reference for Audit and Governance Committee as described in appendix D of the report to the Audit and Governance Committee be approved and adopted;

 

Interim arrangements for the Shadow Authority

 

13. That the arrangements in Article 14 of the Constitution relating to the Shadow Authority be deleted.

 

 

(b)  That a report on provisions within the Bournemouth, Christchurch and Poole Council Constitution relating to ‘Voting on Appointments’ be submitted by the Monitoring Officer to the meeting of the Council in March and that the question of whether voting on appointments should continue to be by secret ballot be determined at that meeting;

 

(c)  That necessary and consequential technical and formatting updates and revisions to the Bournemouth, Christchurch and Poole Council Constitution be made by the Monitoring Officer in accordance with the powers delegated to her.

 

Voting : Unanimous