Decision details

Update to Part 4 of the Constitution

Decision Maker: Council

Decision status: For Determination

Is Key decision?: No

Is subject to call in?: No

Decisions:

Council considered a report by the Senior Solicitor and Monitoring Officer (circulated previously) regarding updates to Part 3 and 4 of the Constitution.

 

The Senior Solicitor and Monitoring Officer advised the following:

 

·       A supplementary report and appendices had been published which also included proposed amendments to paragraph 5.25 to Part 3, Annexe 2 of the Constitution.

·       Following the publication of the supplementary report and appendices, the numbering of the appendices needed to be amended.  Appendices 1 and 2, should be renamed as Appendices A and B respectively.  Appendices 3 and 4 should be renamed as Appendices D and E respectively.

·       Due to a technical issue, the tracked changes that had been included on appendices B and E to identify the proposed changes had been accepted and were therefore not visible. 

·       He outlined the proposed changes to the Contract Procedure Rules as detailed in Appendix A.

·       He outlined the proposed changes to paragraph 5.25 to Part 3 Annexe 3 of the Constitution as detailed in Appendix D of the report to remedy an error in delegated powers for the Head of Planning Housing and Health as regards to which applications need to be referred to the Planning Committee in relation to land owned or occupied by the Council or where the Council is submitting an application. He advised that there was a further amendment required to the exclusions to these delegated powers contained in paragraph 5.25 (a) (iii) to include the following additional wording “is for outline permission, reserved permission, full permission, listed building consent or is for the development of land without compliance with conditions under section 73…..

 

It was moved by Councillor Prowse and seconded by Councillor Crabb that the recommendations be adopted as amended.

 

In response to questions, the Senior Solicitor and Monitoring Officer advised the following:

 

·       Supply South West was the Council’s procurement system.

·       If a Councillor or Officer submitted a non-material application, then the Planning Committee would be required to determine the application.

 

In response to a question, the Chief Executive advised that he believed that councillors are not generally consulted on non-material amendment or discharge of condition applications in relation to the applications affected by the proposed amendment to paragraph 5.25 to Part 3 Annexe 3 of the Constitution but that the point is that this was not treating these applications for or on behalf of the Council any differently to any other applicant.

 

RESOLVED that:

 

(a)  The Council varies the Contract Procedure Rules in Part 4 of the Constitution as at Appendix A to this report;

(b)  The Council varies paragraph 5.25 to Part 3 Annexe 2 of the Constitution as at Appendix D to this report subject to paragraph 5.25 (a) (iii) being amended to include the following additional wording “is for outline permission, reserved permission, full permission, listed building consent or is for the development of land without compliance with conditions under section 73…..

Report author: Simon Fuller

Publication date: 06/02/2024

Date of decision: 17/01/2024

Decided at meeting: 17/01/2024 - Council

Accompanying Documents: