Agenda item

To  consider the attached report of the Constitution & Member Services Standing Scrutiny Panel

The Chairman of the Constitution and Member Services Standing Panel, Councillor Stallan, introduced their report tidying up the Constitution on matters concerning the Council’s property interests and regulatory decisions. The report dealt with the following Panels and Committees:

• District development Control;
• Area Plans Sub-Committees;
• Licensing Committee & Licensing Sub-committees; and
• The Executive/Cabinet.

The report recognised the need to separate the Council’s general role as landowner from its role as regulatory authority. The particular Council functions which were relevant to this issue were planning and licensing.

It was recognised that executive decisions on service provision were made on the basis of legality, probity and financial/technical considerations.  Regulatory decisions followed separate processes and should not take account of the Council's property role. It was also noted that the current constitution clearly distinguishes those functions which may be dealt with by the Executive (e.g. managing the Council's property portfolio) and these other regulatory roles which did not fall to the Cabinet.

A review had been carried out of the need to amend any constitutional requirements so as to specify the difference between landowner and regulatory decision-making. Three changes were suggested:

(a)        to the terms of reference of the District Development Control and Area Plans Sub?Committees;

(b)        to the terms of reference and operational rules of the Licensing Committee and its Sub?Committees;  and

(c)        to the Executive Procedure Rules.

The Committee thought that it was sensible to take each issue on its own merits and agreed the changes suggested.

RESOLVED:

That a report be submitted to the Council recommending the following changes to the Constitution:

(a)        District Development Control/ Area Plans Sub-Committees/ Licensing Committee/ Sub?Committees

That the following paragraph be added to the terms of reference of the District Development Control Committee (as paragraph 6), Area Plans Sub-Committees (as paragraph 13) and the Licensing Committee (as paragraph 8):

"(…)  The Committee/Sub-Committee*, in exercising its powers and duties under these terms of reference, shall disregard any connection with the Council's property interests when taking regulatory decisions on behalf of the Council except in any case where the proposal has merits in planning terms."

*as appropriate

(b)       Conduct of Business by Licensing Committee and Sub-Committees

That paragraph 5.1 (b) (i) of the document entitled "Conduct of Business by Licensing Committee and Sub?Committees" be amended to read as follows (addition shown in bold text):

"(i)        The rules on declarations of interests shall be firmly applied.  So as to avoid any appearance of bias, members of the Licensing Committee or of any Sub?Committee shall disregard any connection between a licensing decision and the Council's property interests and shall deal with such business solely in accordance with statutory licensing procedures and the Council's policy in that regard."

(c)        The Executive/Cabinet

That Paragraph 2.2 of the Executive Procedure Rules (entitled "What Business?") be amended by the addition of the following paragraph:

"In dealing with any of the above-mentioned business and, in particular, any matters relating to the Council's property interests, the Cabinet, Cabinet Committees and individual portfolio holders acting under delegated powers shall be mindful that any such decision will not pre?determine any subsequent regulatory decision by the authority which may arise."