Agenda item

To consider a report by Jonathon Mair, Corporate Director – Legal & Democratic and Monitoring Officer (Designate).

The Shadow Executive Lead Member for Governance presented a report seeking the adoption of the Dorset Council Constitution. 

Members were advised that a Governance Working Group had been established to oversee the development of a proposed constitution which had been created collaboratively by officers from across the six predecessor councils.

The recommendation as set out in the report to the Shadow Council was proposed by Cllr S Flower and seconded by Cllr G Carr-Jones.

In response to a question, the Corporate Director- Legal and Democratic (Designate), confirmed that if Article 11 did not refer to the Strategic Planning Forum and the Councils duty to co-operate in such matters as the statement of common interest, this would be amended under delegated powers.

Some members expressed concern that the Constitution did not state that the minority parties would Chair scrutiny committees in the new council; by doing so, it was their view, that it made the council more accountable and there was less risk for the authority.  In the interests of transparency and fairness the following amendment was proposed by Cllr S Bartlett and seconded by Cllr M Hall:-

 “That all of the Overview &Scrutiny Committees of the new Council be chaired by Councillor from a minority political group.” 

However, other members stated that the appointment of Chairmanships should be made on merit alone regardless of political status and operate on a cross-party basis;  upon being put to the vote the amendment was LOST.

Concern was raised regarding the issue of town and parish council involvement in the planning process.  Many members considered it very important and democratic that the full views of town and parish councils were included in the process of considering planning applications for committee decision. This process had been used by a predecessor council.

In response,  the Shadow Executive Lead Member for Planning advised that a meeting took place on 3 January 2019 involving available Planning Committee Chairman of the existing councils and Cllr Flower in his capacity as the Chairman of the Governance Task & Finish Group.  Discussions took place on various issues relating to trigger mechanisms for a planning matter to potentially be referred to a Planning Committee for determination.  This included consideration of a possible option of a town or parish council to be able to trigger consideration of a Planning application.  The current arrangements of existing councils regarding referral of planning applications differed.  The overall view at that meeting was not to include a trigger in relation to town and parish councils.  As part of that discussion it was noted that it was intended for members of the new Dorset Council to be able to trigger consideration of referral of a planning application and there would be nothing to prevent  a town and parish council from requesting the member to do this. 

However following debate, a number of members strongly felt that this assurance  did not reflect members requirements or meet the concerns expressed by the Dorset Association of Parish and Town Councils.  The following amendment was proposed by Cllr N Bundy and seconded by Cllr S Flower

“That planning applications should be put to consultees including Town and Parish Councils, all replies from Town and Parish Councils will be considered by the planning case officers.  Should the planning officer’s recommendation go against the Town or Parish Council response, these applications should be considered by the Head of Planning in consultation with the Chairman, Vice-Chairman and ward members for consideration as to whether it should trigger a decision of a planning committee.”

Upon being put to the vote the motion was CARRIED

Decision (as a substantive motion)

(a)       That the Constitution (as amended above) be approved;

(b)       That authority be delegated to the Monitoring Officer (Designate), in consultation with the Chairman of the Governance Working Group, to make any necessary textual revisions to ensure that the separate sections of the Constitution are consistent and work together as a whole; and

(c)        That the operation of the Constitution be reviewed after one year in April 2020.