Agenda item

Please refer to the relevant reports circulated in the supplementary pack that will be published on the website.

A – Audit and Governance Committee, 23 January 2020

Clause 63 – BCP 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

    i.           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;

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

  iii.           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

 iv.           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

   v.           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

 vi.           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 PooleCouncil website;

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

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

 ix.           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

   x.           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

 xi.           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

xii.           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

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

B – Cabinet, 27 May 2020

Clause 172 – Holes Bay, Poole (former power station site) acquisition strategy

RECOMMENDED that Council:-

Amend the Capital Programme to include provision for this purchase, to be funded by prudential borrowing, on the basis set out in the confidential report.

Clause 173 – Bournemouth Town Centre Vision (TCV): Winter Gardens Site – Regeneration Opportunities

RECOMMENDED that Council:-

(a)           amend the Capital Programme to include Additional Council Finance up to £7.6M less the Site Lease Value anticipated to be drawdown in 2021/22. [It would be prudent to assume the Additional Council Finance will be £7.6M];

(b)           amend the Capital Programme to include provision for these acquisitions to be funded by prudential borrowing, which is subject to RPI as detailed in the confidential part of this report; and

(c)           authorise the Section 151 Officer in consultation with the Portfolio Holder for Finance to determine the detailed funding arrangements for both the forward purchase of the PRS and Public Car Park and the Additional Council Finance.

A - Audit and Governance Committee 23 January 2020

The recommendations arising from the meeting of the Committee held on 23 January 2020 relating to the BCP Constitution were considered and approved acknowledging the proposed review referred to below:-

Minute No 63 – BCP Constitution

The Chairman of the Committee presented the report on amendments to the Constitution and proposed approval as set out on the agenda.

Councillors commented on the recommendations including the process and criteria for ‘Calling-in’ planning applications to Planning Committee.  A Member raised concerns on aspects of the process which they would feedback to the Constitution Working Group including the 30-day limit.  The Chairman of the Audit and Governance Committee reported that he had written to all Councillors asking for feedback on any issues. 

A Councillor expressed her concern relating to recommendation v – minutes in Council agenda which she did not agree with. That view was also supported by another Councillor. A Councillor explained that all minutes were available on the Council’s website and the option may be to provide a link to the minutes on the Council agenda.  The Chairman of the Audit and Governance Committee reported that there was no intention to make the minutes inaccessible.  He indicated that the suggestion to provide a link could be considered and taken forward with officers.

Councillors also commented on the proposed number of representations required to call-in a planning application and the importance of allowing residents to have a say. Members were reminded of the current provisions in the Constitution which included a call-in being undertaken via a Ward Councillor.  A Councillor emphasised that it was the value of the objection that matters but felt that call-in should still be through the Ward Councillors.

A Councillor referred to recommendation vi concerning the call-in period which she indicated was 30 calendar days from when the application was published on the Council’s website and should be referenced in the Constitution. The Chairman of the Audit and Governance Committee confirmed his discussions with the Portfolio Holder and Officers about some of the issues raised and the need to fine tune the detail.  He referred to the proposed number of public representations of 20 for automatic referral and the need for this to be monitored alongside the other issues.  The Chairman of the Audit and Governance Committee explained that it was proposed following any review that recommendations would be submitted to Council by the end of this calendar year.

It should be noted that as a result of the changes agreed by the Council the necessary and consequential technical and formatting updates and revisions to the Bournemouth, Christchurch and Poole Council Constitution would be made by the Monitoring Officer in consultation with relevant members and officers in accordance with the powers delegated to her.

Voting: Agreed.

Councillor Diana Butler requested that her dissent be recorded in respect of recommendations (v) and (viii) as detailed on the agenda

B – Cabinet 27 May 2020

The recommendation arising from the meeting of the Cabinet held on 27 May 2020 relating to the following was considered and approved.

Minute no 172 – Holes Bay, Poole (former power station site) acquisition strategy

The Portfolio Holder for Regeneration and Culture presented the report on the above strategy and proposed approval as set out on the agenda. He outlined the financial implications of the project and the funding arrangements. 

Councillors commented on the potential of the project for Poole. A Member expressed her worry about the cost implications and asked if the project could be deferred.  The Leader of the Council indicated it was reasonable to be nervous about such a large project.  She explained that this project was receiving investment via Homes England and provided great opportunities including the creation of a new community.  She referred to the working groups that the Portfolio Holder for Regeneration and Culture had created and encouraged Members to get involved. The Portfolio Holder responded to issues raised and the ‘whole town’ approach being undertaken.

Voting: Agreed

Councillor Diana Butler abstained from the above decision.

The recommendation arising from the meeting of the Cabinet held on 27 May 2020 relating to the following was deferred to the next meeting of the Council to enable consideration of the risk assessment.

Minute no 173 – Bournemouth Town Centre Vision (TCV): Winter Gardens Site - Regeneration Opportunities

The Portfolio Holder for Regeneration and Culture presented the report on the above project and proposed approval as set out on the agenda. He referred to the debate at the Overview and Scrutiny Board and the development of the project in Central Bournemouth.

A Councillor referred to the need to assess the risk of the project and analyse market conditions in view of the level of borrowing that the Council was proposing and the impact of the pandemic.  Members commented on the proposed project compared to the previous scheme including the retail provision and the standard applied to the proposed apartments.  A Councillor indicated that a draft risk assessment had been prepared details of which were confidential.   Councillor Drew Mellor proposed, seconded by Councillor Stephen Bartlett that the recommendations be deferred until the July Council meeting to enable consideration of the risk assessment.  The Portfolio Holder for Regeneration and Culture indicated that he would support the deferral of the recommendations until the next Council. He explained that the risks were understood.

Voting: Agreed

Councillor Tony Trent abstained from the above decision.

The meeting was adjourned from 8.31 pm – 8.36 pm