Agenda item

The Council, at its meeting on 25 April 2017, adopted a new Scheme of Delegation to Officers based on a new approach of operating as an ‘exception’ scheme, wherein all powers and functions are delegated down to officers with the exception of any powers and functions that either must remain with a specific Committee (or with the Council), or which the Council has previously decided must rest with members.

At the point of adopting the scheme, members were mindful that with such a significant change in approach and ways of working, the scheme would need to be kept under regular review and any proposed adjustments reported back to members at the appropriate time.  Some initial amendments have already been considered and reviewed by the Standards Panel in June 2017, and further changes are now proposed which reflect some areas where officers have identified issues which can now be addressed.  The proposed amendments are shown as tracked changes in the report.  In accordance with the Council’s constitution, the proposed changes to the document are to be commented upon by the Standards Panel prior to their consideration by the Executive and Council.

Recommendation

It is recommended that the Standards Panel reviews the report and recommends to the Executive and Council that the revised Scheme of Delegation be approved and adopted.

13.1    The Panel received a copy of the Scheme of Delegation and was advised that when the Scheme was adopted by Council in April 2017, this had adopted a new approach of operating as an ‘exception’ scheme, wherein all powers and functions were delegated down to officers with the exception of any powers and functions that either had to remain with a specific Committee, or which had previously decided had to rest with Members. Members were reminded that with this new approach they had agreed that the Scheme must be regularly reviewed and any proposed adjustments reported back.

13.2    Since the new Scheme had been approved the Panel considered a few initial amendments at its meeting in June 2017. Members were presented with some further amendments which reflected some areas where officers had identified issues which could now be addressed and these were shown as track changes in the report and there was an additional paper tabled with some further amendments.

13.3    The Panel reviewed the amendments and were in agreement with all the minor changes proposed that were in relation to changes/updates to legislations and Acts. Robin Taylor, the Head of Policy and Governance, advised that the changes proposed in the tabled paper proposed specific changes in relation to Planning. These were to give the Head of Planning general discretion to support late call ins where there were sound reasons; that applications which generated 5 or more objection letters or 5 or more support letters would not be agreed by way of delegated authority unless the Ward Member confirmed that they were happy it did not need to go to Committee; and that, the description of what should go to a JPC including applications of 1000sqm or more where the Chief Executive and Chairman agreed this was contentious, which was already in the Constitution also be included verbatim in the Scheme of delegation.

13.4    The Committee discussed the three additional proposed changes in particular points 43 (b) and (c) in relation to calling in a planning application. There was confusion over the wording that had been used and it was questioned whether these two paragraphs could be combined, or made clearer. Members also asked about the wording around “any Councillor from the relevant Area Committee could request to refer an application to Committee” as it was thought that any member of that Ward (or neighbouring with one Councillor Wards) regardless of whether they were on a Area Committee could call in an application. The wording also referred to the Town or Parish Council being in support of a call in but occasionally the Ward Councillor, having heard representations directly from residents, wanted something called in so might not receive the Town or Parish Councils support. Robin Taylor would liaise with the Head of Planning regarding these issues and would look at how the wording could be clarified.      

13.5    Having discussed the changes to the Scheme of Delegation, the Panel accordingly

RESOLVED to recommend to the Executive that the revised Scheme of Delegation be approved and adopted subject to the wording of 43 (b) and (c) being clarified.