Agenda and minutes

To approve as correct the minutes of the meeting held on 26^th July 2017

(Note: If any Member wishes to propose an amendment to the minutes they should submit this in writing to committeeservices@horsham.gov.uk at least 24 hours before the meeting.  Where applicable, the audio recording of the meeting will be checked to ensure the accuracy of the proposed amendment.)

            RESOLVED

            That the minutes of the meeting held on 26^th July 2017 be approved as a correct record.

To receive any declarations of interest from Members of the Committee

There were no declarations of interest.

To receive any announcements from the Chairman of the Committee or the Chief Executive

With reference to a statement made by Mr Kornycky at the last meeting of the Committee, the Chairman stated that the review of governance arrangements approved by Council on 27^th April 2016 had been focused on improving the involvement and engagement of Members in policy development.  The subsequent one year review had therefore been designed to gauge the effectiveness of the revised arrangements for Members.  In these circumstances there was no need for public consultation at any stage nor was there a requirement for any form of public consultation to be undertaken as no formal change in governance arrangements, as defined by the Localism Act 2011, were proposed.  The Council, at its meeting on 7^th December 2016, and separately from the revised governance arrangements, had agreed a revised Constitution which included rules on public speaking and questions at meetings.  Article 3 of the Constitution summarised the rights of members of the public in terms of information, the opportunity to participate and the ability to make complaints.  In addition, members of the public could submit suggestions for the work programme of the Overview and Scrutiny Committee.

To receive the report of the Interim Monitoring Officer

Three members of the public addressed the Committee in objection to the proposed changes to the Constitution relating to the delegation of certain planning functions.

Members were reminded that one of the functions of the Committee was to receive reports from the Monitoring Officer on amendments to the Constitution and make any consequent recommendations to Full Council.

The report of the Interim Monitoring Officer set out a number of proposed variations to the Constitution in respect of the discharge of planning functions delegated to the Planning Committees and minor changes to the Scheme of Delegation to Officers (Director of Planning, Economic Development and Property). The changes were proposed as a number of ambiguities had arisen, as a consequence of the introduction of a new streamlined Constitution, regarding the delegation to the Planning Committees of the determination of applications under the Town and Country Planning Act 1990 and related Regulations.  The effect of these ambiguities was that many minor applications would now have to be considered by the Planning Committees as the term “application” referred to in the delegation of planning functions to the Planning Committees (paragraph 3.2.2 of the current Constitution) was not defined in any way.

The changes now proposed were intended to overcome these ambiguities by setting out clear definitions of applications that would be determined by the Planning Committees and those that would be delegated to the Director of Planning, Economic Development and Property for determination.  If approved, these changes would enable the efficient discharge of planning functions by the Council.

The Committee discussed the report with particular reference to the exception clauses contained in the proposed changes to the delegation of planning functions to the Planning Committees (Part 3, Paragraph 3.2.2 of the Constitution), as set out in Appendix 2 of the report. 

As a result of the discussion it was agreed that Members should be able to request Committee consideration of “Applications to modify or discharge an obligation contained within a Unilateral Undertaking or a S106 Agreement” and that this clause should therefore be omitted from the list of exceptions in the proposed Part 3, Paragraph 3.2.2 (c) 5 of the Constitution, as set out in Appendix 2 of the report.

            RECOMMENDED TO COUNCIL

            That the proposed amendments to the Constitution as set out in the Appendix to these minutes be approved.

Items not on the agenda which the Chairman of the meeting is of the opinion should be considered as urgent because of the special circumstances

There were no matters of special urgency to be considered.