Agenda item

The report recommends a number of changes to the Constitution in respect of the Overview and Scrutiny Procedure Rules (Part 4); the Rules for Decision Making during a period of Serious and Unexpected Disruption (Part 7); the Rules for Public Speaking (Annex 1 in Part 4); Committee Procedure Rule 15.24.  Members are also asked to note the structural changes agreed by the General Purposes Committee.

Due to its size the Constitution with tracked changes (Annex 1) is published as a supplement.

Careful consideration was given to the proposed changes to the Constitution as detailed in the report of the Monitoring Officer.    An amended version of the Constitution with tracked changes was attached at Annex 1.

Changes to the operational arrangements, the Overview and Scrutiny Procedure Rules, the Rules for Decision Making during a Period of Serious and Unexpected Disruption, the Rules for Public Speaking at planning committees and the committee procedure rules were outlined in 4.1 to 4.22 of the report.

Members discussed the qualifications for First and Second vice-chairs of the Overview and Scrutiny Committee, the proposed changes aimed to clarify the roles and ensure a balance between the executive and opposition parties.  On the grounds of maintaining effective scrutiny and holding the executive to account, Cllr Oakley proposed that the First Vice-Chair should be a member of a political party which is neither the political party of the Chair nor a political party forming the executive.   This was seconded by Cllr Hood.

Following a formal vote this amendment was defeated.

There was detailed and robust discussion on changes to the Rules for Public Speaking at Planning Committees which proposed a limit on the number of public speakers to ensure efficient meetings.   In order to bring the Borough Council’s approach more in line with established practice elsewhere it was proposed that within parished areas a maximum of 5 speakers be permitted for each application, plus the applicant (or their agent) and a representative of the relevant Parish/Town Council.  In non-parished areas it was proposed that 6 speakers be permitted on each application, plus the application (or their agent).

Concern was expressed that these proposals would limit public participation, curtail debate and be seen as a failure in civic duty.  However, some councillors supported the changes to improve the quality of decision-making and to reduce inefficiency.  There was also recognition that planning decisions were required to reflect an objective assessment of material planning considerations and not be shaped by other factors, such as strength of feeling that may be expressed.  It was confirmed that there were a number of ways in which residents were able to express their views on a planning application, such as submitting written representations and communicating directly with their local ward Councillor.

On the grounds of increasing public participation, Cllr Oakley proposed that the maximum number of public speakers should be increased to 10.  This was seconded by Cllr Clokey.

Following a formal vote this amendment was defeated.

Particular reference was made to the occasions when the red line of the planning application straddled more than 2 Town/Parish Council areas and it was proposed by Cllr Clokey that in these instances a representative of each of the Town/Parish Council areas within the relevant area be permitted to speak.  This was seconded by Cllr Boughton and agreed unanimously.

In accordance with Council Procedure Rule 6.15, the Council

RESOLVED:  That the original motion be divided to facilitate individual votes.

Following formal votes on the individual motions it was

RESOLVED:   That

(1)            the changes to the Constitution to address the deletion of the post of Director of Finance and Transformation and creation of the new post Head of Finance and Section 151 Officer with effect from 28 July 2025 be noted;

(2)            the changes to the Overview and Scrutiny Procedure Rules at Part 4 of the Constitution be agreed;

(3)            the changes to the Rules for Decision Making during a Period of Serious and Unexpected Disruption at Part 7 of the Constitution be agreed;

(4)            the changes to the Rules for Public Speaking in respect of planning applications at Part 4 Annex 1 of the Constitution be agreed; subject to allowing a representative from each of the Town/Parish Councils to speak where the red line of the application straddled 2 or more of those Town/Parish areas.

(5)            the deletion of CPR 15.24 at Part 4 of the Constitution be agreed.