Agenda and minutes

Following the recent death of Councillor John Wilks who had been a member of the Committee, a minutes silence was held before the start of the meeting.

The Chief Executive to notify the Committee of any substitute members.

The Committee was notified that Councillor A V Kerr would be substituting for the recently deceased Councillor Wilks and Councillor Shorrock would be substituting for Councillor John Hurst both were for this meeting only.

None.

Members are asked to declare any interests in matters for consideration at the meeting.

None.

(Enclosure)

The minutes of the meeting held on 20th September 2006 were confirmed as a correct record of the decisions taken.

Chief Executive’s report CEX355.

(Enclosure)

Decision

The Constitution and Accounts Committee recommends that:

(1)       The planning panel pilot be terminated.

(2)       That the scheme of delegation to the Development Control Services Manager as set-out in pages 81 - 83 of the constitution be amended, the existing paragraphs numbered 1 and 2 (a) to (j) of  the Constitution shall be replaced with the following wording:

        All decisions, responses or determinations arising in relation to applications, approval of reserved matters, prior approvals, consents and consultations, submitted to or received by the Council in accordance with all Town and Country Planning, Listed Building and related or associated legislation (including subordinate legislation and any consolidation, re-enactment or amendment thereto) shall be delegated to the Development Control Services Manager, except in the following situations:

1.      Any application for planning permission which, in the opinion of the Authorised Officer is a departure form the Development Plan or an emerging replacement plan, and where the intended officer decision is permission/consent.

2.      Any application for planning permission, approval of reserved matters, conservation area consent or listed building consent where a Member of the Council has requested in writing to the Development Control Manager that the application be considered by Committee.  All requests shall be on the appropriate pro-forma and shall be submitted within three weeks of the circulation of details of the application.

                  The request shall include a statement outlining material planning reasons why the proposal needs to be considered by Committee, accompanied by a list of related Development Plan of National Planning Policies.  The Development Control Manager shall have the power to decline the request if in their opinion the reasons do not constitute material planning reasons.

                  All requests will be acknowledged in writing, and the reasons for the application being referred will be included in the officer report to the Development Control Committee.

3.      Any application or consultation or like matter where the Authorised Officer considers a decision should be taken by Committee.

4.            Any application submitted by or on behalf of a Councillor of the authority (or their spouse or partner) or by or on behalf of a member of the Council’s staff) or their spouse or partner).

5.      Any application submitted by or on behalf of the Council for its own developments, except for the approval of routine minor developments to which no objection has been received.

6.      In those cases where statutory time limits are involved for making decisions or taking action, for example in cases if agricultural buildings, demolitions, telecommunications determinations and notifications of works to trees in Conservation Areas, where non determination within a set period automatically gives consent; any objections received will be considered by the Authorised Officer and at their discretion efforts will be made to resolve the objection before the expiry period.  However, the existence of the objection will not alter their authority in these instances to make a decision.

(3)    The provisions of the constitution are clarified to ensure that no Committee established by the Council has the power to establish a  ...  view the full minutes text for item 31.

A report from the Civic Officer.                                                        (Enclosure)

Decision

Members noted the report.

In report CS3 the Civic Officer updated members on the civic issues and functions for the civic budget for 2006/07.  As at 30th September the actual spend of the budget including known commitments amounted to £35,974.92 which would leave a balance of £6,485.08 for the remainder of the year and this was well within budget.  The Chairman’s civic service in June had totalled £1,084 which was below the £2,000 budget set, however the Civic ceremonies was currently overspent by £50 but this would be off set by the civic service budget.     The contract for the civic transport continued to work well and had been extended for a further two years.  To date 32 events had been attended using the chauffeur and the Chairman had attended 22 events in his own transport.   The Chairman’s charity event would be held on Friday 23rd February 2007 not 15th February as had been stated in the report.   The Chairman was seeking to host a charity concert performed by the RAF Regiment Band at St Wulfram’s church.  As one of the Chairman’s charities this would mean that the band would perform for free but the Chairman would have to fund the transport of the band members and their instruments to and from the concert venue.  A local bus company has indicated its readiness to do this.

A short discussion followed on the actual cost of the budget to date to which the Civic Officer replied. The Committee noted the report.

Report No.DLS084 on the Scheme of Delegation from the Services Manager, Legal (Monitoring Officer).

(Enclosure)

Decision

(1)       The Constitution and Accounts committee recommends that the amendments set out in the appendix attached to report DLS084 are approved for inclusion in the Constitution subject to the following amendments:

·                    any reference to the Head of Environmental Health and Licensing to be changed to the Corporate Head of Healthy Environment;

·                    Environmental Health Practitioners should read Environmental Health Officers;

·                    that page 21  3. Should read The Corporate Head of Healthy Environment;

·                    page 26 Member Services Manager should read Service Manager Democracy;

·                    Page 25 under AUTHORISED OFFICERS it should read The Corporate Head of Sustainable Communities and the Corporate Head of Healthy Environment and officers designated in writing…….

·                    The bottom paragraph on page 25 should read the Corporate Head of Sustainable Communities and the Corporate Head of Healthy Environment and officers designated in writing by them are……….

(2)       That minor amendments required to update the officer designations throughout the Constitution, which follow from the amendments detailed in the appendix attached to report DLS084 are carried out forthwith.

Members had been circulated with report DLS084 which dealt with amendments to part 3 of the Constitution following the restructure of the senior management structure.  The Service Manager, Legal informed the Committee that although Corporate Heads had been appointed they were not yet in post but it was necessary to amend the delegation to officers.  The majority of amendments related to the re-designation of posts following the restructure and to correct anomalies within the functions.  The appendix to the report listed the changes in detail.  She drew members’ attention to slight changes within the appendix which dealt with name changes such as references to the Head of Environmental Health & Licensing which should be changed to the Corporate Head of Healthy Environment.   The report also asked that the Committee allow appropriate changes to be made elsewhere in the Constitution with regard to the delegation of functions to officers.  The Service Manager, Legal said that she was going to establish an officer working group to look at the Constitution in detail to see if any changes needed to be made and these would be referred to this committee for deliberation.     It was suggested that maybe a member of the Constitution and Accounts Committee be invited to attend the working group, the Chairman indicated that work load permitting she would put herself forward as a representative of the Committee.   A question was asked about the addition of two points concerning treasury management to which the Chief Executive replied that although the work had been carried out previously it had been implicit, by the addition of the paragraphs within the Constitution it now made it explicit and gave more clarity.   Members agreed with the recommendations and they were moved, seconded and agreed.

None.

The meeting closed at 3.30pm.