Agenda item

The Council gave consideration to a report that presented the Annual Review of the Council Constitution.

In discussion, the following points were raised:-

(a)     An amendment to the motion was PROPOSED and SECONDED that read as follows:

‘That the Council notes the changes made under paragraphs 2.1 and 2.2, with the exception of the adoption of temporary Procedural Rules for conducting remote meeting and acknowledges the following:

That there is no provision within the statutory Remote Meeting Regulations that provides for the elimination of the right of Members to submit written Questions and Motions to Full Council meetings and have them dealt with in accordance with the Constitution and as such will reinstate such provisions at the next Full Council meeting.’

In presenting his amendment, the proposer thanked the Leader for her earlier update regarding the Calendar of Meetings (Minute 85/19(b) above refers) which had gone some way to alleviating his concerns.  However, the Member did retain his concerns over the lack of provision in the adopted Remote Meeting Procedure Rules for Members to be able to ask Questions and Motions on Notice at Council meetings.

In the subsequent debate on the amendment, reference was made to:-

o    the public concern over the inability for Members to ask Questions and Motions on Notice.  In response to some Members highlighting the extent of public concerns, the Leader countered that she had only been made aware of two residents who had made formal representations to the Council;

o    the intention of preventing Questions and Motions on Notice at Council meetings not being to suppress democracy but to save officer time at this extremely difficult time;

o    the comments of the Deputy Monitoring Officer.  At the invitation of the Chairman, the Deputy Monitoring Officer reminded the meeting that the Regulations were only in place for a temporary period and emphasised that Remote Meetings were only to be convened in instances where they were ‘required to be held’.

At this point and, in accordance with Council Procedure Rule 15.5, a recorded vote was then called for on the amendment and the voting was recorded as follows:

For the motion (13):  Cllrs Abbott, Baldry, Birch, Brazil, Hodgson, Jackson, Long, McKay, O’Callaghan, Pannell, Rose, Sweett and Thomas.

Against the motion (14):  Cllrs Austen, Bastone, Brown, Foss, Hawkins, Holway, Hopwood, Pearce, Pringle, Reeve, Rowe, Smerdon, Spencer and Taylor.

Abstentions (0):  None.

Absent (4):  Cllrs Chown, Kemp, May and Pennington

and the vote on the amendment was therefore declared LOST.

(b)   Officers confirmed that the revised Calendar of Meetings to the end of July 2020 would be published on the Council website.

It was then:

RESOLVED

1.       That the changes made under paragraphs 2.1 and 2.2 of the presented agenda report be noted;

2.     That the Council agrees and formally adopts the amendments to its Constitution (as summarised in paragraph 2.4 of the presented agenda report and fully outlined at Appendix A), subject to inclusion of the following amendments:

‘The Head of Development Management shall have authority (until 7 May 2021) to determine (in consultation with the Chairman and Vice Chairman of Development Management Committee, ward members and the Monitoring Officer) planning applications, Listed Building consents, advertising consents, TPO confirmations and works to trees submitted by Officers (or an immediate family member) and Members (or immediate family members and including a Councillor’s agent or professional advisor). In all other respects such applications will be determined in accordance with the Delegation to Officers set out in the DM Committee’s Terms of Reference and ‘Delegation to Officers’ set out in the Constitution.’

3.     That the Council adopts its Constitution for the forthcoming year with immediate effect:

https://www.southhams.gov.uk/article/3689/Our-Constitution