Agenda item

The report recommends that changes are made to the constitution to (1) amend the Council and Committee Procedure Rules relating to motions for Council and (2) update the Planning Code of Good Practice in order to require that applications for planning permission on Council-owned land are determined by full Council.

Consideration was given to recommended changes to the Constitution in respect of:

(1)   Council Procedure Rule 5.28 - Motions on Notice (Part 4 – Rules);  and

(2)    the Planning Code of Good Practice (Part 5 – Codes)

Following the last meeting of Council, the Monitoring Officer had reviewed CPR 5.28 relating to the submission of Notices of Motion and it was recommended that the rule be amended to enable the Chief Executive to reject the motion if it related to national or international matters in respect of which the Council had no powers, rights or duties.  The recommended change was intended to provide greater clarity for future motions and addressed the concerns raised at the previous meetings.

Concern was expressed that the proposed amendment to CPR 5.28 prevented the Borough Council discussing issues that residents felt were important and that the authority had a responsibility for providing a unified voice on significant national and international issues.    Cllr Bridge proposed that the wording ‘ e.g. the motion relates to national or international matters in respect of which the Council has no powers, rights or duties’ be removed  and this was seconded by Cllr Hoskins.  Following a vote this amendment was rejected. 

A further amendment proposed by Cllr Clokey, seconded by Cllr Hoskins to add ‘… and which does not affect the Borough’ after ‘no powers rights or duties’ was rejected following a vote. 

Councillor Boughton proposed, seconded by Cllr Coffin that CPR 5.28 be amended as detailed in the report and this was supported by the majority of Members.

With regard to the second recommended change, particular reference was made to the ongoing review of Borough Council assets within Tonbridge and as this progressed into the next phase it was appropriate to consider how any applications for development on Council owned land would be considered by the authority in its capacity as Local Planning Authority.   Given the potential significance of proposals that were expected to arise through the review, it was recommended that all applications for planning permission submitted by the Borough Council as landowner should be determined by the Full Council.  This would ensure that applications had been determined openly and transparently and allowed all Members of the authority to be involved in consideration of the proposals for development.   The proposed amendments to the Codes were out set out in Annex 1.

Concern was expressed that the role of Area Planning Committees in decision-making of applications in their areas would be diminished and each Committee should be able to determine planning applications themselves.  However, there were also views expressed that this proposed change to the Planning Code of Good Practice provided a greater level of scrutiny and removed any potential conflict between responsibility as a Borough Councillor or Ward Member.  It was also felt important to separate the roles between landowner and decision maker.

Cllr Clokey proposed that ‘if the Chair of the Area Planning Committee believed insufficient Members of the Committee were available to take the decision, due to having to declare an Interest and having to withdraw from the debate, that the application should be referred to the Council for decision’.  This amendment was seconded by Cllr Hoskins.

In accordance with Council Procedure Rule 8.4 Councillor Thornewell requested that a recorded vote be undertaken.  The request was supported by Councillor Hoskins. 

The voting on the motion was recorded as follows:

Members voting in favour of the motion:

Councillors Athwal, Banks, Bennison, Bishop, Boxall, Bridge, Clokey, Dean, Crisp, Hoskins, Hood, Oakley, Pilgrim, Palmer, Parry, Roud, Taylor, Tatton and Thornewell.

Total: 19

Members voting against the motion:

Councillors Bell, Betts, Boughton, Brown, Cannon, Coffin, Dalton, Davis, Hammond, Harman, Hudson,  Keers, King, Lark, McDermott, Mehmet, Rhodes, Tanner, Tunstall and Williams.

Total: 20

Members who abstained from voting: 0

(Total Members Eligible to Vote = 39)

Cllr Boughton proposed, seconded by Cllr Coffin that the Planning Code of Good Practice be amended as detailed in 1.2 of the report.

In accordance with Council Procedure Rule 8.4 Councillor Athwal requested that a recorded vote be undertaken.  The request was supported by Councillor Parry. 

The voting on the motion was recorded as follows:

Members voting in favour of the motion:

Councillors Bell, Betts, Boughton, Brown, Cannon, Coffin, Dalton, Davis, Hammond, Harman, Hudson, Keers, King, Lark, McDermott, Mehmet, Palmer, Rhodes, Tanner, Taylor, Tunstall and Williams.

Total = 22

Members voting against the motion:

Councillors Athwal, Banks, Bennison, Bishop, Boxall, Bridge, Crisp, Clokey, Dean, Hoskins, Hood, Oakley, Parry, Pilgrim, Roud, Tatton and Thornewell.

Total: 17

Members who abstained from voting: 0

(Total Members Eligible to Vote = 39)

RESOLVED:  That

(1)             Council Procedure Rule 5.28 be amended as detailed in 1.1.4 of the report;

(2)             the Planning Code of Good Practice be amended as detailed in 1.2 of the report and in Annex 1; and

(3)             the Monitoring Officer be authorised to amend the Constitution as set out in paragraph 1.1.4 of the report and in Annex 1.