Agenda item

(CL144)

 

Please note that where references to page numbers of the constitution are made in the covering report (CL144) these refer to the page numbers in red on the top right corner (and not the page number shown in the footer).  

Appendix 1 (Response to Members’ Consultation) to Report CL144, was circulated with a supplementary agenda after the statutory deadline.  The Mayor agreed to accept Appendix 1 to Report CL144 onto the agenda, because of the urgent need for Council to consider the information in the Appendix in conjunction with the Report that required decisions at this evening’s meeting. 

 

Councillor Horrill, Leader, moved that the Recommendations in Report CL144 be approved and adopted (seconded by Councillor Mather).

 

Council proceeded to ask questions and debate each section of the Constitution in turn (as set out in Appendix 2 to Report CL144).  In addition to this, the Monitoring Officer drew to Council’s attention any proposed changes to these sections where drafting errors had become apparent to officers since publication of the report.

 

The Monitoring Officer advised that there was a drafting error in Article 4.02, b) (agenda page 45).  ‘Supplemental Planning Documents, final Master Plans and associated development guidance.’  This should be deleted from the list at Article 4.02 and this was agreed by Council.

 

The Monitoring Officer also advised that there was a drafting error in Part 4.6 Financial Procedure Rules, paragraph 6.9 (agenda page 202).  The first line should read ‘The Council nominates the Audit and Governance Committee rather that The Overview and Scrutiny Committee” and this was agreed by Council.

 

 

(i)            AMENDMENT          (1) Councillor Evans          (2) Councillor Izard

 

Reference - Part 2, Article 8: Regulatory and Other Non-Executive Decision Making Committees. Para 8.02.  (agenda page 54)

 

“The Development Management Committee be named 'the Planning Committee' as in the current Constitution.”

 

AMENDMENT CARRIED

         

 

(ii)          AMENDMENT          (1) Councillor Evans          (2) Councillor Izard

 

Reference Part 3.4: The Scheme of Delegation to Officers. Delegations to the Head of Development Management. Para 1 (e) (agenda page 131)

 

“Para 1 (e) be amended to read: 'six or more representations with an interest in the district' in place of the words 'six or more representations.’”

 

During discussion of the proposed Amendment, Council noted that the intention of the Amendment was to determine in a more precise manner the extent to which a representation would be taken into account and was not intended to stop those neighbouring authorities or businesses etc who may have a genuine interest in a proposal, from submitting representation.  It was therefore agreed that the Amendment be supported in principle, subject to officers redrafting the exact wording to ensure that this agreed sentiment was clear.   

 

AMENDMENT CARRIED

         

 

(iii)         AMENDMENT          (1) Councillor Thompson (2) Councillor Tod

 

Reference Part 3.4: The Scheme of Delegation to Officers. Delegations to Strategic Directors. Para 6 (4) (g) (agenda page 127)

 

“Delete the delegated powers contained in (g). Delete the delegated powers conferred on Strategic Directors: to make amendments to policies approved by Members which do not have a significant impact of the operation of the current policy.”

 

During discussion of the proposed Amendment, the Chief Executive clarified that the sentiment of the existing draft was to specify that Strategic Directors had delegated authority to make any amendment (to a policy) that did not have a significant impact on the operation of that policy.  The Chef Executive advised that redrafting this point would provide extra clarity.

 

On the basis of the Chief Executive’s advice, the proposer and seconder of the amendment (Councillors Thompson and Tod respectively) agreed to withdraw their Amendment.

 

A Member referred to the map appended to the terms of reference and procedure for the Joint West of Waterlooville Planning Committee on agenda page 122 within Part 3.3 – The Regulatory Committees and Other Non-Executive Decision Making Committees.  It was agreed that the map be replaced with a more up to date version that included the development of the new community and ward boundaries and also that of Newlands Parish Council.

 

During discussion, a Member suggested that there should be details within the Constitution with regard to Members’ rights to access of information, however it was pointed out that this was governed by law and was decided upon a ‘need to know’ basis.   

 

(iv)         AMENDMENT    (1) Councillor Gottlieb    (2) Councillor Thompson

 

Reference Part 5.2: Protocol for Member/Officer Relations. Para 2.13 (agenda page 253)

 

“Delete the words ‘avoid taking’ and replace with ‘not knowingly take’ at paragraph 2.13 so to read as follows:

‘Members must not knowingly take actions which are unlawful, financially improper or likely to amount to maladministration.’”

 

AMENDMENT LOST

 

 

(v)          AMENDMENT     (1) Councillor Thompson     (2) Councillor Learney

 

Reference: Part 5: Members Code of Conduct. Appendix A, Part 2: Description of Categories of Non-Pecuniary Interest. Para 2 (agenda page 250)

 

“Delete para 2 (b) and the words 'directed to charitable purposes'. Substitute a new para (b) with the following text: ‘membership of any body directed to charitable and/or not for profit purposes, including, but not limited to Rotary Club, City of Winchester Trust, Winchester BID, Winchester Chamber of Commerce and masonic organisations.’”

 

As more than a third of those present requested, a recorded vote was taken with regard to the Amendment.

 

Division Lists

 

The following Members voted in favour of the Amendment:

 

Councillors Achwal, Becker, Bell, Bentote, Clear, Cutler, Evans, Gottlieb, Green, Hiscock, Hutchison, Izard, Laming, Learney, Murphy, Porter, Power, Prince, Rutter, Thompson, Tod and Weir.

 

The following Members voted against  the Amendment:

 

Councillors Ashton, Berry, Brook, Burns, Cook, Cunningham, Gemmell, Godfrey, Griffiths, Horrill, Humby, Huxstep, Lumby, Mather, McLean, Miller, Read, Ruffell, Scott, Stallard, Warwick and Weston.

 

As there was an equality of votes, the Mayor exercised his casting vote, which was against the amendment.

 

AMENDMENT LOST

 

 

 

 

(vi)         AMENDMENT (1) Councillor Thompson         (2) Councillor Learney

 

Reference – to adapt the terminology in the Constitution from his/her and Chairman to a suitable form of words that is gender neutral

 

“Make whole Constitution gender neutral and this be undertaken in a timely manner.”

 

AMENDMENT CARRIED

 

 

Council then voted on the Substantive Motion, which was Recommendations 1, 2 and 3 in Report CL144, subject to the Amendments carried and agreed corrections to drafting errors.

 

 

RESOLVED:

 

            That the Recommendations in Report CL144, subject to the Amendments carried and agreed corrections to drafting errors, be approved and adopted.