Agenda item

To consider amendments to the Council’s Constitution.

The report was presented by the Cabinet Member for Corporate Governance and Licensing.

The report was broken down into three recommendations relating to amending the constitutional procedures of the following areas:

-       Overview and Scrutiny Procedure Rules,

-       Recorded vote for adoption of the Local Plan,

-       Letting of land and property – delegated authority.

Overview and Scrutiny Procedure Rules 

The Cabinet Member explained that the purpose of this amendment was to place more onus on the Member making the request to liaise with the relevant Cabinet Member and Officer and undertake some research themselves in relation to a particular item. The Committee could then determine whether it wished to include the item on the work programme for a future meeting. The amendment also sought to ensure that the Member who made the initial request for the item had to be in attendance during its consideration at a meeting.

The Cabinet Member noted that this procedure was similar to that in place at Lincolnshire County Council which seemed to work well based on feedback received from those District Councillors who were also County Councillors.

During discussion, Members commented on the following:

-       It was confirmed that the number of items on an agenda would be determined by the Committee, dependent upon their urgency, as part of considering its work programme. Subsequent management of the work programme would take place by the Chairman and Vice-Chairman outside of formal meetings of the respective committee via agenda setting meetings in liaison with the relevant Cabinet Member and lead officer.

-       The point was made that there were occasions where Members requested information or updates rather than a full report. It would be up to each Committee or Chairman and Vice-Chairman to manage this when considering and managing the work programme.

Following discussion, it was proposed, seconded and AGREED to recommend to Full Council that the Overview and Scrutiny Procedure Rules at Part 4 (Rules of Procedure) of the Council’s Constitution be amended, as set out in paragraph 3.6 of the report.

At 10.46 AM Councillor Phil Gadd left the Chamber and Councillor Charmaine Morgan joined the Chamber.

At 10.49 AM the meeting was adjourned due to a technical issue. The meeting resumed at 11.06 AM.

Recorded vote for adoption of the Local Plan

The Cabinet Member explained that this amendment was being proposed to ensure that a recorded vote be held for any vote regarding the adoption of the Local Plan at Full Council.

During discussion, Members commented on the following:

-       Why this provision was necessary. The Cabinet Member clarified that this would give greater clarity and transparency to the public regarding one of the most fundamental documents in shaping South Kesteven as a district. Several Members expressed their support for this sentiment.

Following discussion, it was proposed, seconded and AGREED to recommend to Full Council that the following new sub-paragraph be added to paragraph 15 of the Council Procedure Rules:

15.7 A recorded vote will be taken in respect of any decision to adopt the Local Plan.

Letting of land and property – delegated authority   

The Cabinet Member confirmed this proposal as an extension of the delegated authority of certain officers, including the Section 151 Officer regarding the letting of land and property. Namely, the proposal was to add the following sub-paragraph under section paragraph 26 (Property, including land) of Part 3(c) of the Council’s Constitution:

h) Any Lease, agreement or letting where the total value over the period exceeds £100,000 must be supported by an independent valuation and undertaken in consultation with the Cabinet Member for Property.

During discussion, Members commented on the following:

-       The Section 151 Officer confirmed that they did not currently set any rentals or lease agreements themselves, independently, and these were always set in consultation with external advisors.

-       A Member expressed their view that greater consideration should be given to residents when leases were awarded to commercial units located underneath residential premises. The Section 151 Officer reported that terms of a commercial lease would be clearly set out to ensure that they acted without any detrimental impact to residents living nearby – especially in relation to health and safety.

-       It was queried whether consideration had been given to changing the numerical figure in the proposal and a Member noted the issue of including a fixed numerical figure could require regular review due to inflation. The Section 151 Officer reminded Members that the purpose of  the value in the delegation was a level in which the Cabinet Member and an independent valuation would become involved in the process.

Following discussions, it was proposed, seconded and AGREED to recommend to Full Council Part 3(c) (Responsibility for Functions – Delegated Powers to Officers) of the Council’s Constitution be amended under section 26 (Property, including land), as set out in paragraph 3.11 of the report.