Agenda item

To consider a report of the Corporate Director (Governance) (attached).

Members considered a report of the Corporate Director (Governance) on a number of changes to the Council’s Constitution. The changes were required to comply with the new organisational structure for the Council, new legislation and to improve the way the Council conducts its business.

The report detailed the rationale for each of the eight changes proposed. Councillor D Edgerley reported that his group were in general agreement with all proposals with the exception of the proposal to no longer require Council approval for planning applications by the Council or on Council owned land. He moved an amendment that recommendation (2.3) be deleted from the report, seconded by Councillor R Lees.

The amendment was put to the vote and LOST.

The Executive Leader, Councillor P Goldsworthy moved the changes proposed as set out in the report, seconded by the Deputy Leader, Councillor P Case and it was

RESOLVEDthat

1.                  The current petitions procedures be revised to ensure a more customer focussed approach. When a petition is received it will immediately be referred for consideration by the Executive Member or Executive Cabinet and a report with proposed actions will be sent to the lead petitioner. The receipt of the petition and action taken to be reported to full Council at a later date. Any petition received regarding staffing issues to be dealt with directly by the Chief Executive as the Head of the Paid Service.

2.                  The protocol appended to the report be approved as the Council’s arrangements for public speaking in place of existing arrangements for public and Ward Councillor participation at Development Control Committee.

3.                  The requirement for full Council to determine planning applications for Council developments or on Council land no longer apply, and be removed from the Constitution. Any related decision which involves the disposal or lease of land will continue to be made by the Executive.

4.                  The terms of reference of the Overview and Scrutiny Committee be revised to include the following two new powers under scrutiny regulations issued in 2009 under the Local Government and Involvement in Health Act 2007:

4.1 “At least one meeting a year of the Council’s Overview and Scrutiny Committee be dedicated to the review and scrutiny of decisions made, or other action taken, in connection with the discharge by the responsible authorities of their crime and disorder functions through the Safer Chorley and South Ribble Partnership – Responsible Authorities Group.

4.2 The Overview and Scrutiny Committee may scrutinise the local improvement targets included in the Local Area Agreement and make and publish reports and recommendations to the County Council on LAA matters where the Council has a role in delivering a target. The Committee may also send a copy to any other partner to which the target relates. This includes local authorities, the Regional Development Agency, probation, the Environment Agency, but excludes health bodies, housing associations, colleges and the voluntary sector, although these may choose to work with scrutiny on a voluntary basis”.

5.                  Recognition of the legal basis of Councillor Call for Action, the local provision whereby any Councillor or member of the public can raise an issue for consideration by the Overview and Scrutiny Committee, be included in the Constitution under the Overview and Scrutiny procedure rules and the Overview and Scrutiny Information and Guidance booklet be similarly revised.

6.                  A new section be included in the Responsibility for Functions section of the Constitution on Joint Committees, to include the terms of reference for both the Lancashire Locals and the Shared Services Joint Committee with South Ribble, and any other Joint Committee which the Council may enter into.

7.                  When the new senior management structure is implemented, the current scheme of delegations be amended so that existing delegated powers to Corporate Directors are transferred to the Director who will be responsible for the function in question and the Chief Executive be given authority to make consequent amendments to the Constitution.

8.                  That under the new senior management restructure the Director of Transformation be designated as the section 151 Officer and the Head of Governance be designated as the Council’s Monitoring Officer.