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1 |
ELECTION OF CHAIRMAN
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2 |
ELECTION OF VICE CHAIRMAN
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3 |
MINUTES
To confirm and sign the Minutes of the meetings held on 22 February and 8 April (to follow) 2008 as correct records.
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4 |
DECLARATION OF INTERESTS
Members to declare any interest as appropriate in respect of items to be considered at this meeting.
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5 |
APOLOGIES FOR ABSENCE
To receive apologies for absence.
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6 |
CHAIRMAN’S ANNOUNCEMENTS
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7 |
TO RECEIVE NOTIFICATION OF PETITIONS IN ACCORDANCE WITH COUNCIL PROCEDURE RULE NO. 13
In accordance with Council Procedure Rule No. 13, the Chief Executive will report the receipt of a petition as detailed below. There can be no debate or comment upon this matter at the Council meeting:
Application No. B/08/00094 – Former Hostel Site, Plough Lane, Leavenheath
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Petition signed by approximately 29 residents supporting the proposed development.
The petition was reported to and considered by the Development Committee at its meeting on 2 April 2008.
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Paper G188
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8 |
RECOMMENDATIONS AND REPORTS FROM COMMITTEES
(a) Risk Management Annual Report (Strategy Committee Minute No. 122(a))
Mr D M Busby, Chairman of the Overview and Scrutiny (Stewardship) Committee presented this item.
The Head of Finance submitted a report (Paper G188) summarising risk management actions and outcomes over the past year and indicating changes in arrangements that would result in the further embedding and strengthening of risk management in the organisation. |
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RECOMMENDED TO COUNCIL
That the Annual Report of Risk Management, including the updated Risk Management Strategy as set out in Paper G188 be approved.
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Paper G210
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(b) Strategic Procurement Framework (Strategy Committee Minute No. 123(c))
Mr H N Todd, Chairman of the Procurement Task Group, submitted a report (Paper G210) requesting the Committee to recommend approval to a new strategic procurement framework that would guide and support the Council’s approach to partnerships, shared services, joint procurement and other procurement activities for the next 3 to 4 years.
It was noted that under paragraph 6.1 of the draft document the “vision” should be amended to the following “ambition”:-
A great environment in which to live, work and visit, where people have the opportunity to develop their potential and feel they belong to strong and vibrant communities.
Further, that the table shown in paragraph 7.2 be amended to clarify that the Council spends £12M a year on procurement in relation to capital and revenue expenditure, excluding staff costs.
RECOMMENDED TO COUNCIL
(1) That, subject to the Head of Finance being authorised to make amendments to the document as referred to above the strategic procurement framework attached as Appendix B to Paper G210 be adopted.
(2) That the Procurement Task Group develops appropriate actions to take forward key elements of the framework and monitors progress, reporting back to the Overview and Scrutiny (Stewardship) Committee during 2008/09.
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Paper G211
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(c) Draft Strategic Plan 2008 – 2018 (Strategy Committee Minute No. 123(d))
Mr N A Ridley, as Chairman of the Corporate Plan Working Group, submitted a report (Paper G211) requesting approval for the Committee to recommend the adoption of the strategic plan for the Council (2008-18) which sets out the outcomes needed to be achieved in order to address the key issues facing Babergh over the next 10 years. |
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RECOMMENDED TO COUNCIL
That subject to “air quality” being inserted in the final bullet point under “A greener and cleaner Babergh”, the Strategic Plan 2008-2018 attached as an appendix to Paper G211 be approved.
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Paper G226
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(d) Constitution Review (Overview and Scrutiny (Stewardship) Committee Minute No.72)
The Head of Corporate Services submitted a report (Paper G226) concerning the deliberations of the Constitution Review Task Group which had been established to review the Council’s Constitution as regards the existing streamlined committee arrangements compared with Leader and Cabinet executive decision-making arrangements. The report also referred to other previously agreed amendments to the Council’s Constitution, implementation of which had been deferred pending the outcome of the review.
In view of the current Local Government Structure Review of Suffolk, Members were in favour of supporting the Task Group’s recommendation of deferring the Council’s review of its political management arrangements.
RECOMMENDED TO COUNCIL
(1) That the review of the Council’s political structure be deferred in the light of the Government’s announcement on the intended review of the Local Government structure in Suffolk, subject to the Council being prepared to recommence its review at short notice in the event that either the Local Government review is halted or the result of that review is that Babergh continues in existence but that the position be reviewed after one year, or earlier if the structural review is for any reason halted, or if the result of the review is known by then and, as a consequence, Babergh District Council will continue in existence, or if it becomes apparent that the outcome of the structural review will take longer to implement than originally anticipated.
(2) That the Constitution Review Task Group be stood down for the time being.
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Paper G227
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(e) Size and Composition of Standards Committee (Overview and Scrutiny (Stewardship) Committee Minute No.73)
The Monitoring Officer presented a report (Paper G227) the purpose of which was to seek amendment to the Constitution to allow for the increase in size and composition of the Standards Committee.
It was noted that with effect from Spring 2008, all complaints under the Code of Conduct for Members would be made to the Committee.
Reciprocal arrangements were being put into place with Mid Suffolk District Council for the Standards Sub-Committees to undertake reviews of each other’s decisions not to investigate a complaint.
The Standards Board for England had recommended that a Standards Committee should comprise at least three Town/Parish representatives and at least three independent members. For these reasons, it was proposed that amendments be made to the size and constitution of the Standards Committee as set out in Paper G227.
RECOMMENDED TO COUNCIL
(1) That the membership of the Standards Committee be increased from 8 to 10 Members to include 3 independent Members and 3 Parish/Town representative Members and that the Constitution be amended accordingly.
(2) That the Standards Committee be authorised to enter joint arrangements for the discharge of functions with the Standards Committee of another authority.
(3) That subject to recommendation (2) above the Head of Corporate Services be authorised to update the Council’s Scheme of Delegation in Part 3 of the Constitution including details of the joint arrangements together with any consequential amendments.
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Paper G234
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(f) Review of the Planning Protocol (Standards Committee Minute No. 50 and Development Committee Minute No. 92)
The Standards Committee at its meeting on 26 March 2008 considered a joint report by the Monitoring Officer and the Chief Planning (Control) Officer (Paper G234) which included suggested revisions to the Planning Protocol. It was noted that the Committee’s role in considering the suggested revisions was the promotion of high ethical standards and the compatibility of the Planning Protocol with the Code of Conduct.
The rules concerning site inspections and referrals to Development Committee as they currently operated could militate against the timely determination of planning applications and, for this reason, it was being suggested to the Development Committee that requests for site inspections or for referrals to that Committee should be made within 21 days of registration of the planning application concerned. In addition, as a matter of good practice and to safeguard against the possibility of complaint that a Member had sought improperly to confer an advantage or disadvantage on any person, it was suggested that requests for referral of an application to the Committee should only be made on planning grounds.
The revisions also anticipated a procedure under which a Member who wished to request a site inspection or refer a particular application for determination by the Development Committee would in all cases make initial contact with an appropriate officer to discuss their concerns and under no circumstances would either option be available to a Member with a prejudicial interest in the particular application. It was also pointed out in the report that the current system by which an application by any employee of the Council had to be referred to the Development Committee could potentially be unfairly advantageous to the applicant as, under circumstances where such an application would ordinarily be refused by an officer under delegated powers, it offered an opportunity for the applicant to persuade Members of the Committee of the application’s merits. To avoid this it was suggested that only those applications by employees (or members of their family) that were recommended for approval should be referred to the Committee. In order to make the Planning Protocol a more comprehensive document, it had been expanded to include the existing site inspection protocol to describe the formal arrangements that ought to be applied in conducting such inspections.
The Chairman referred to an e-mail communication sent to her by Mr B Riley concerning this matter.
Standards Committee recommended the adoption of the Planning Protocol shown at Appendix 1 to Paper G234, subject to a number of minor corrections ((a) to (e) below).
The Development Committee at its meeting on 2 April also considered Paper G234 and suggested two further minor amendments ((f) and (g) below).
The views of both Committees are contained in the recommendation set out below:-
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RECOMMENDED TO COUNCIL
That the revisions to the Planning Protocol shown at Appendix 1 to Paper G234 be adopted with immediate effect, subject to the following corrections:-
(a) In the last bullet point of paragraph 5.1, the word “in” be inserted between the words “note” and “the case file”.
(b) In the final sentence of paragraph 5.2, the word “if” be substituted for “that”.
(c) In paragraph 7.6, the word “that” following the word “Further” be deleted.
(d) Paragraph 9.2 be amended so that it refers to Members with a prejudicial interest.
(e) The second paragraph numbered 13.3, and all subsequent paragraphs within the section on Site Inspections, be re-numbered.
(f) Paragraph 13.6 – fourth bullet point – addition of the words “Ward Member(s) and the” before the word “Parish”.
(g) Paragraph 13.7 – to be amended to read “Any other Members who wish to attend site inspections should first seek the permission of the Chairman of the Committee”.
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Paper G240 |
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(g) Planning Applications – Local Validation Requirements (Development Committee Minute No. 93)
The Chief Planning Control Officer submitted a report (Paper G240) outlining responses to the public consultation undertaken on the District Council’s ‘Planning Applications: Local Validation Requirements’ document published in January 2008. The report contains details of the proposed modifications and seeks approval to adopt and publish the revised document. It was noted that, with the agreement of the Chairman of Strategy Committee, the Development Committee was to make recommendations on this matter direct to Council.
RECOMMENDED TO COUNCIL
That the Planning Applications: Local Validation Requirements document referred to as Appendix B to Paper G240 be adopted and published for use.
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9 |
QUESTIONS BY THE PUBLIC
The Chairmen of Committees to answer any questions from the public of which notice has been given no later than midday 2 working days before the day of the meeting in accordance with Council Procedure Rule No. 14.
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10 |
QUESTIONS FROM MEMBERS
The Chairman of the Council and the Chairmen of Committees and Sub- Committees to answer any questions on any matters in relation to which the Council has powers or duties or which affect the District and which fall within the terms of reference of that Committee or Sub-Committee of which due notice has been given in accordance with Council Procedure Rule No. 15.4 (a) and (b).
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Paper
H1
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11 |
ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY (STEWARDSHIP) COMMITTEE
Report by the Overview and Scrutiny (Stewardship) Committee attached. |
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Paper
H2
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12 |
ANNUAL REPORT OF THE OVERVIEW AND SCRUTINY (COMMUNITY SERVICES) COMMITTEE
Report by the Overview and Scrutiny (Community Services) Committee attached.
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Paper
H 3 |
13 |
ANNUAL REPORT OF THE STANDARDS COMMITTEE
Report by the Standards Committee attached.
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Paper
H4 |
14 |
POLITICAL BALANCE AND COMPOSITION OF COMMITTEES
Report by the Head of Corporate Services attached.
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Paper
H5 |
15 |
APPOINTMENT OF SUBSTITUTES – COUNCIL PROCEDURE RULE NO. 5
Report by the Head of Corporate Services attached.
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16 |
ELECTION OF CHAIRMEN OF COMMITTEES
To elect a Chairman for each of the following Committees:-
Strategy
Overview and Scrutiny (Stewardship)
Overview and Scrutiny (Community Services)
Development
Licensing and Appeals
Hadleigh and District Swimming Pool Trust
Note: Standards Committee appoints its own Chairman.
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Paper
H6
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17 |
TASK GROUPS AND PANELS -(A) APPOINTMENT OF MEMBERS,
(B) ANNUAL REPORTS
Report by the Head of Corporate Services attached. |
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Paper
H7 |
18 |
MEMBER CHAMPION APPOINTMENTS
Report by the Head of Corporate Services attached.
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Paper
H8 |
19 |
REPRESENTATIVES ON OUTSIDE BODIES
Report by the Head of Corporate Services attached. |
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20 |
EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS)
To consider whether pursuant to Part 1 of Schedule 12(A) of the Local Government Act 1972 the public should be excluded from the meeting for the business specified below on the grounds that if the public were present during this item it is likely that there would be the disclosure to them of exempt information as indicated against the item.
The author of the report proposed to be considered in Part II of the Agenda is satisfied that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
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PART II
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Paper G221
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SENIOR MANAGEMENT RESTRUCTURE (Strategy Committee Minute No. 134) (Exempt information by virtue of Paragraph 1 of Part 1)
The Chief Executive submitted a report (Paper G221) requesting approval for outline proposals for a Senior Management Restructure that seeks to avoid filling the current Corporate Director vacancy whilst maintaining necessary capacity at this level during a period of considerable challenge and change for the Council.
RECOMMENDED TO COUNCIL
1) That subject to Recommendation (2) below, the currently vacant post of Corporate Director remains unfilled for the time being.
(2) That subject to confirmation that these can be implemented within current staffing budgets and to the views of Unison, the arrangements set out in (a) – (e) be adopted as an interim measure with immediate effect, with a review by the Chief Executive of the effectiveness and appropriateness of these arrangements after no more than 12 months of operation:
(a) Mike Hammond, Corporate Director, be seconded to the position of Deputy Chief Executive, reporting to the Chief Executive.
(b) Andrew Hunkin, Head of Corporate Services, be seconded to the position of Director of Corporate Services, reporting to the Chief Executive.
(c) Barry Hunter, Head of Finance, be seconded to the position of Director of Finance, reporting to the Chief Executive.
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(d) The posts of Head of Community Development (Chris Foti); Head of Contract and Asset Management (Ryan Jones); Head of Natural and Built Environment (Malcolm Firth), and Head of Customer Services (Bob Southgate) be re-evaluated to reflect additional responsibilities, reporting to the Deputy Chief Executive.
(e) Any other consequential secondments and/or changes to other roles within the staffing structure.
(3) That subject to paragraph (2) above, the Scheme of Delegation under Part 3 of the Constitution be amended to reflect the secondments and revised areas of responsibility (along with any ancillary amendments to the Constitution as necessitated thereby) for the duration of the interim arrangements.
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(4) That in the event of the proposed review confirming the effectiveness and appropriateness of these arrangements, these be adopted at that time as substantive changes to the Council’s staffing establishment, and the individual secondees/post holders be confirmed in those positions.
(5) That in the event of all or any part of these interim arrangements not being confirmed following the review, any staff affected by such a decision revert to their current substantive position, all such positions in the Council’s establishment being held vacant during the period of these interim arrangements.
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Paper H9 |
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Further to the consideration of this matter by Strategy Committee a report by the Chief Executive providing additional information is attached. |