Agenda and draft minutes

Accounts and Governance Committee
Thursday, 11th April, 2019 5.00 pm, NEW

Venue: Council Chamber, Town Hall, Penrith. View directions

Contact: Members Services 

Items
No. Item

AGc/68/04/19

Apologies for Absence

Minutes:

Apologies for absence were received from Councillor Jackson.

AGc/69/04/19

Declarations of Interest

To receive declarations of the existence and nature of any private interests, both disclosable pecuniary and any other registrable interests, in any matter to be considered or being considered.

 

Minutes:

No declarations of interest were made at this meeting.

AGc/70/04/19

Review of the Constitution - Scheme of Delegation and Code of Planning Conduct pdf icon PDF 400 KB

To consider report G40/19 of the Assistant Director Governance which seeks the comments of Accounts and Governance Committee on the proposals prior to submission to Council.

 

RECOMMENDATIONS

1.         that consideration be given to the approval of the recommended amendments to:

(1) the scheme of delegation as set out in Appendix 1 to this report; and

 

(2) paragraph 13 of the Council’s Code of Planning Conduct and Practice as set out in Appendix 2 to this report.

 

2.            That authorisation be given to the Assistant Director Governance to make the approved amendments to the Planning Code of Conduct.

Minutes:

Members considered report G40/19 of the Assistant Director Governance which sought the comments of Accounts and Governance Committee on the proposals prior to submission to Council.

 

Members noted that there had been no consultation with Parish Councils in respect of the proposed changes.

 

Members noted that the Chair of the Planning Committee would play a vital role in managing the questions put to speakers and should receive appropriate training.

 

Members noted the need for Councillors to be proactive in their role.

 

Proposed by Councillor Orchard

Seconded by Councillor Greenwood

 

and RESOLVED that:

 

1.            approval be given for the scheme of delegation as set out in Appendix 1 of the report subject to the following amendments:

 

a.    clause i) 3. the insertion of the words ‘and/or a Parish Council’, so that it reads

 

i) 3.  applications for which an objection from a statutory consultee (as set out in the Town and Country Planning (Development Management Procedure) (England) Order 2016) and/or a Parish Council is received on valid planning grounds and the Assistant Director Planning and Economic Development is inclined to approve the application;’

 

b.    clause i) 5 the insertion of the words ‘but are not limited to’ so that it reads

 

i) 5. Valid planning grounds include but are not limited to:

 

·         Overlooking / loss of privacy;

·         Loss of light or overshadowing;

·         Parking;

·         Highway safety;

·         Traffic;

·         Noise;

·         Effect on listed building and conservation area;

·         Layout and density of building;

·         Design, appearance and materials;

·         Government policy;

·         Disabled persons’ access;

·         Proposals in the Development Plan;

·         Previous planning decisions (including appeal decisions);

·         Nature conservation.’

 

2.            approval be given for the scheme of delegation as set out in Appendix 2 of the report subject to the following amendments:

 

a.    clause 4) f. the deletion of the words  ‘again from the top table’ so that it reads

 

‘f) The applicant (or appointed agent or representative) will then be

permitted to address the Committee for up to five minutes;’

 

b.  clause 4) j. the insertion of a full stop after… ‘on the application may do so …’ so that it reads

 

‘j) If a Member of the Committee has a question, that is materially relevant to the determination of the application, where the Officer does not hold the information requested, but a person who has spoken on the application may do so. The Chair may use his / her discretion to ask the relevant speaker to provide the information requested if he or she is able to do so.’

 

3.            authorisation be given to the Assistant Director Governance to make the approved amendments to the Planning Code of Conduct.

AGc/71/04/19

Review of the Constitution - Delegations and Re-alignment of Officer Responsibilities pdf icon PDF 61 KB

To consider report G43/19 which seeks to enable the formal recording of the amendments which are required to be made to the delegations to officers arising from the restructure and realignment of officer responsibilities.

RECOMMENDATIONS that that:

1.            the delegations which are set out in the Appendix to this report (which is to follow) be noted and approved; and

2.            the Assistant Director Governance be authorised to approve and authorise any minor or typographical changes to the text of the Constitution following its adoption by Council and arising upon a review of the document prior to its publication following the annual meeting in May.

Additional documents:

Minutes:

Members considered report G43/19 which sought to enable the formal recording of the amendments which are required to be made to the delegations to officers arising from the restructure and realignment of officer responsibilities.

 

Proposed by Councillor Greenwood

Seconded by Councillor Kendall

 

and RESOLVED that:

 

1.         the delegations which are set out in the Appendix be noted and approved subject to the inclusion of the Director of People and Place in the list of Proper Officers who can issue authorisation in relation to Part II of the Regulation of Investigatory Powers Act 2000; and

 

2.         the Assistant Director Governance be authorised to approve and authorise any minor or typographical changes to the text of the Constitution following its adoption by Council and arising upon a review of the document prior to its publication following the annual meeting in May.

AGc/72/04/19

Annual Review of the Constitution pdf icon PDF 70 KB

To consider report G42/19 of the Assistant Director Governance which seeks to enable consideration of the proposed changes to the Constitution and the representations which have been received from Members and Officers and for Council to approve the proposed changes.

RECOMMENDATIONS that:

1.         the changes to the Accounting and Audit Rules as set out in Appendix 1 of the report be approved and incorporated in the Constitution;

2.         the changes to the Procurement Rules as set out in Appendix 2 of the report be approved and incorporated in the Constitution;

3.         the changes to the Officer Employment Procedure Rules set out in Appendix 3 of the report be approved and incorporated in the Constitution;

4.         the changes to the Council Procedure Rules and the Code of Planning Conduct and Practice set out in Appendix 5 of the report be approved and incorporated in the Constitution;

5.         the changes to the Accounting and Audit Rules and the Executive Functions Delegated to Officers set out in Appendix 6 of the report be approved and incorporated in the Constitution;

6.         the report of the Deputy Chief Executive, set out in Appendix 7, in relation to appointment of Members to the two National Park Authorities is noted; and

7.         the Assistant Director Governance be authorised, in consultation with the Members of the Constitution Working Group, to approve and authorise any minor and typographical changes to the text of the Constitution following its adoption by Council and arising upon a review of the document prior to its publication following the Annual Meeting in May.

Additional documents:

Minutes:

Members considered report G42/19 of the Assistant Director Governance which sought to enable consideration of the proposed changes to the Constitution and the representations which have been received from Members and Officers and for Council to approve the proposed changes.

 

Proposed by Councillor Lynch

Seconded by Councillor Orchard

 

and RESOLVED that the changes to the Accounting and Audit Rules as set out in Appendix 1 of the report be approved and incorporated in the Constitution.

 

Proposed by Councillor Greenwood

Seconded by Councillor Lynch

 

and RESOLVED that the changes to the Procurement Rules as set out in Appendix 2 of the report be approved and incorporated in the Constitution.

 

Proposed by Councillor Greenwood

Seconded by Councillor Orchard

 

and RESOLVED that the changes to the Officer Employment Procedure Rules set out in Appendix 3 of the report be approved and incorporated in the Constitution;

 

Proposed by Councillor Greenwood

Seconded by Councillor Lynch

 

and RESOLVED that the changes to the Council Procedure Rules and the Code of Planning Conduct and Practice set out in Appendix 5 of the report be approved and incorporated in the Constitution subject to the following alterations:

 

a.    Clause 13. a) the alteration of nine clear calendar days to eight clear calendar days so that it reads

 

‘Except for motions which can be moved without notice under Rule 14 below, written notice of every motion, signed by the member giving the notice, must be delivered to the Assistant Director Governance not later than eight clear calendar days (that is not counting the day of the meeting or the day of delivery) before the date of the meeting. These will be entered in a book open to public inspection.’

 

b.    Clause 26. d) the alteration of nine clear calendar days to eight clear calendar days so that it reads

 

‘Details of each petition to be submitted to Council should be delivered to the Chief Executive no later than eight clear calendar days (that is not counting the day of the meeting or the day of delivery) days before the meeting of the Council concerned.’

 

Proposed by Councillor Greenwood

Seconded by Councillor Lynch

 

and RESOLVED that the changes to the Accounting and Audit Rules and the Executive Functions Delegated to Officers set out in Appendix 6 of the report be approved and incorporated in the Constitution.

 

Proposed by Councillor Taylor

Seconded by Councillor Orchard

 

and RESOLVED that the report of the Deputy Chief Executive, set out in Appendix 7, in relation to appointment of Members to the two National Park Authorities be noted.

Proposed by Councillor Taylor

Seconded by Councillor Greenwood

 

and RESOLVED the Assistant Director Governance be authorised, in consultation with the Members of the Constitution Working Group, to approve and authorise any minor and typographical changes to the text of the Constitution following its adoption by Council and arising upon a review of the document prior to its publication following the Annual Meeting in May.

AGc/73/04/19

Any Other Items Which the Chairman Decides are Urgent

Minutes:

No items of urgent business were discussed at this meeting.

AGc/74/04/19

Date of Next Scheduled Meeting

The next scheduled meeting of this committee is 18 April 2019.

Minutes:

It was confirmed that the date of the next meeting of the Accounts and Governance Committee would be 18 April 2019.