Agenda and minutes

The Committee to be notified of any substitute members.

Councillor Jean Taylor was substituting for Councillor Adam Stokes for this meeting only.

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

None disclosed.

(Enclosure)

The minutes of the meeting held on 28th May were agreed as a correct record of the decision taken.

(i)              MOTIONS ON NOTICE – Council Procedure Rule 12

Report LDS074 by the Chairman of the Constitution Committee

(Enclosure)

(ii)            AMENDMENTS TO THE CONSTITUTION – LOCALISM ACT -  MEMBERS CODE OF CONDUCT AND INTERESTS

Report LDS075 by the Head of Legal and Democratic Services

(Enclosure)

(iii)          NEIGHBOURHOOD PLANS - DELEGATION

Report PLA948 by the Planning Policy and Partnerships Service Manager

(Enclosure)

(iv)                    THE LOCAL AUTHORITIES (EXECUTIVE ARRANGEMENTS) (MEETINGS AND ACCESS TO INFORMATION) (ENGLAND) REGULATIONS – Report LDS076 by the Head of Legal and Democratic Services.

(Enclosure)

(i)              Motions on Notice

Decision

The Constitution Committee recommends to Council that the Constitution be amended at clause 12.3 of page 28 to read:

Motions must be about matters for which the Council has a responsibility or which directly affect the district. The content of any motion on notice shall consist of one single subject matter. No motion on notice shall be debated in the absence of the member who has proposed the motion.

The Chairman of the Committee referred to the July Council meeting at which Motions on Notice had been referred back to the Committee for further investigation. The Chairman informed the Committee that he had undertaken telephone calls with North Kesteven District Council, East Lindsey District Council, West Lindsey District Council and South Holland District Council, had e-mailed all Members of South Kesteven District Council and had looked at other authorities Constitution on the internet. He proposed that the number of motions remain unchanged as per clause 12.4 but that they consist of one single subject matter and that no notice on motion would be debated in the absence of the member who proposed the motion in order that the debate was fair and transparent. This proposal was seconded by Councillor Jean Taylor.   Members felt that this was a sensible way forward but asked if there were any restrictions on the number of movers that a motion had, could a motion be moved by more than one mover.  The Head of Legal and Democratic Service replied that no there were no restrictions, there was nothing to stop multiple movers subject to the motion being one of the two they were allowed.  On being put to the vote the proposal was unanimously agreed.

(ii)      Localism Act – Members Code of Conduct

The Head of Legal and Democratic Services informed the Committee that the report LDS075 was for information only.  The report listed the changes made to the Constitution following the adoption of the Members Code of Conduct by the Council in July.    A question was asked about future guidance to which the Head of Legal and Democratic Services replied that as the provision was at a local level there would be no government guidance.  A further question was asked about complaints made about non parishes such as the Charter Trustees. The Head of Legal and Democratic Services replied that the Council had no authority to deal with complaints relating to unparished areas.

Members noted the changes.

(iii)     Neighbourhood Plans – Delegation

Decision:

The Constitution Committee recommends to Council that the Constitution be amended to insert at page 105.3 the following delegation to the Head of Development and Growth:

4.       Neighbourhood Planning

(i)       To take, after consultation with the relevant Portfolio Holder  and the local ward member(s), decisions on the following matters, as defined in the Localism Act 2011 and Neighbourhood Planning (General) Regulations 2012 (or as may be amended):

·                  Applications to designate a Neighbourhood Area

·                  Applications to designate a Neighbourhood Forum

·                 To accept or decline repeat  ...  view the full minutes text for item 10.

The following item was considered as a matter of urgency as the Head of Legal and Democratic Services needed to update Members with regard to the Review of the Constitution.

The Head of Legal and Democratic Services referred to the Constitution Review. An independent review to confirm the structure and robustness of current provision with emphasis on efficiency of decision making was proposed. It was agreed that the Review of the Constitution would be a standing item on future agendas.

>Action note

The Review of the Constitution was to be a standing item on future agendas.

The meeting closed at 11.10am.