Issue - meetings

To receive and, if approved, adopt the recommendation of the Governance Committee of 16^th August 2017 on changes to Parts 3.2.2 and 3.6.2 of the Constitution.

Two members of the public addressed the Council in objection to the recommendation regarding proposed changes to the Constitution relating to the delegation of certain planning functions.

The Council received the minutes of the meeting of the Governance Committee held on 16^th August 2017 and Councillor Michael Willett, the Chairman of the Committee, moved the recommendation contained in Minute GO/18 – Changes to the Constitution of Horsham District Council.  Councillor David Coldwell seconded the proposal.

Members debated the proposal, with particular reference to the proposed exceptions to Part 3, Paragraph 3.2.2 (c) 5 in respect of the ability of Members to refer applications to planning committee for determination.

It was moved by Councillor Brian O’Connell and seconded by Councillor Peter Burgess that the proposed changes be amended by the removal of exception clauses v (Applications for works to trees in a Conservation Area) and vi (Applications for works to trees covered by a Tree Preservation Order) from Part 3, Paragraph 3.2.2 (c) 5.  On being put, the amendment was declared CARRIED.

It was then moved by Councillor Tony Hogben and seconded by Councillor Nigel Jupp that Part 3, Paragraph 3.2.2 (c) 5 of the Constitution, as amended by the above motion, be further amended by the removal of exception clause viii (Applications for a non-material amendment).  On being put, this amendment was declared LOST.

The substantive motion was then put and it was

            RESOLVED

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

            REASON

            To comply with Article 13, Review and Revision of the Constitution.

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.