Agenda item

The report of the Monitoring Officer is attached.

The Leader and Cabinet Portfolio Holder for Strategic and Borough-wide Leadership, Councillor Clarke presented the report of the Monitoring Officer

outlining proposed revisions to the Council’s Constitution.

Councillor Clarke explained that this was an administrative item proposing updates relating to changes within the Council following the May 2023 elections, staffing changes and other procedural amendments, which had been proposed to further clarify the Council’s operating procedures.  The Leader highlighted that the Constitution was a living document that was reviewed annually by Governance Scrutiny Group and changes were constantly being made to reflect changes in legislation, operation procedures and best practice.

Council noted that this year’s changes had been considered by the Governance Scrutiny Group at its meeting on 29 June 2023, and Councillor Clarke thanked the Group for their deliberations.  Whilst many of the proposed changes had been discussed and agreed, it was clear from the meeting that more time was required to consider detailed changes to the way Planning Committee operated, particularly the rules around the closure of that meeting.  Therefore, a further opportunity would be taken to review those changes in more detail at the September Governance Scrutiny Group meeting before an additional report was brought back to Council.

Councillor Brennan seconded the item and reserved the right to speak.

Councillor J Walker thanked officers for the work they had undertaken on updating this complex document and welcomed the return of Planning Committee to the evening as this made it easier for both Councillors and members of the public to attend. Councillor Walker also welcomed the use of more modern, inclusive language giving Councillors the choice of Chair or Chairman when undertaking this role.

Councillor Calvert brought Council’s attention to paragraph 3.3 of the report, which highlighted the intention to take changes proposed to the way Planning Committee operated back to the next Governance Scrutiny Group in September.  He asked if an additional matter could be considered by the Group relating to the circumstances under which an application was considered by the Planning Committee. Councillor Calvert went on to appraise Council of an application in Keyworth recently approved under delegated powers in which the community had put forward significant objections but, as Ward Councillors had agreed with the planning officer recommendation, the opportunity for members of the public to outline their concerns to the Committee had been removed.  Councillor Calvert called this a democratic deficit and a fundamental flaw in the arrangements for Planning Committee, which gave the impression that the application had not been considered openly or transparently.

Councillor Butler outlined, for the benefit of new Councillors, the reasons behind moving Planning Committee to its current afternoon slot but said that he was very supportive of a move back to 6pm.  He also commented on the change of language in the Constitution and, whilst he was happy to be called Chairman, he appreciated that people now had a choice of language to use.

Councillor R Mallender thanked officers for putting forward such an extensive set of proposals and sought clarification on the requirement to submit comments on planning applications in writing, as he presumed this also meant by email.

Councillor Thomas appreciated that the proposals relating to Planning Committee were expected to return to Governance Scrutiny Group for further discussion but wished to point out that having no closure time for Planning Committee would separate it from every other committee the Council had and a cut off time was required.

Councillor Edyvean reassured Council that the finish time of Planning Committee had been considered by Governance Scrutiny Group, which had concluded that it would be for the Chairman of Planning Committee to manage the agenda appropriately.

Councillor S Mallender thanked officers for bringing the report forward and members of the Governance Scrutiny Group for reviewing the changes.  She was pleased to see the change from Chairman to Chair throughout the document and welcomed the change in time for the Planning Committee, which would make it much easier for Councillors and members of the public to attend the Committee.

Councillor Way asked that Governance Scrutiny Group consider including neighbouring Ward Councillors when consulting on the Certificates of Compliance for the Local Development Order, as there might be times when a neighbouring ward was equally, or more, impacted on than the ward in which the development was taking place.

In summing up, Councillor Brennan reiterated that the Constitution was a living document, and it would continue to be updated to keep it relevant and ensure it maintained efficient and effective governance arrangements for the Council.

Councillor Clarke took the opportunity to address a number of points made by Councillors during the debate and encouraged those who had additional ideas to bring them forward to Governance Scrutiny Group for debate.

It was RESOLVED that the proposed revisions to the Constitution be adopted.