Members can be confident that the combined effect of
these improvements is that the constitution is significantly more fit for
purpose at the end of the review than at the start. Some further amendments will complete the process.
All the above changes have been
fed into the final complete version of the constitution that is available on
the web site or in hard copy on request from the Democratic Services Manager,
and which is a background paper to this report
FURTHER TECHNICAL AMENDMENTS
9
The following amendments are recommended as further
clarifying and/or improving the constitution without affecting the fundamental
principles or structures of the constitutional settlement :
9.1
Licensing
– Quorum and Panels
·
To
add to the terms of reference of the Licensing Committee under Article 8 “(qq)
Liquor Licensing”, such delegation to take effect from such time as
liquor licensing becomes a function of the Council, and to be subject to
further regulations and statutory guidance,
·
To
add to the terms of reference of the Licensing Committee under Article 8 after
the words “To consider and determine” to add the words “policies, ”
·
To
amend the quorum of meetings of the Licensing Committee from 4 to 3.
·
To
add to the Licensing Committee Procedure Rules “1(g) applications and
appeals will be determined by 3 members, unless the committee determines otherwise”
9.2
Article
4 – Definition of Budget and Policy Framework
The current definition of the budget, adopted in 2001,
follows a national precedent which has proved to be insufficiently precise. It
is recommended that the following definition is substituted, which is a clearer
recital of the existing principles and does not change the role or powers of
the full council:
“The budget
is defined as:-
(i)
The identification and allocation of financial resources by the Full
council, including:
·
Revenue expenditure
·
Contingency and reserve funds
·
Council tax base
·
Council tax level
·
Borrowing requirements and limits
·
Capital expenditure
(ii)
Any resolution of Full Council identified as a budgetary decision;
(iii)
Any limitations to, conditions on or rules governing the management of
budgets, virement between budgets, treatment of underspends, windfall income or
reserves contained within the Financial Procedure Rules.”
To delete the Annual Library Plan from, and add the Library
Position Statement to the Policy Framework, in order to reflect a
change to the statutory requirement
9.3
Article
10 – Statutory Officers
The following changes are
suggested:
·
To
designate the Head of Legal and Democratic Services as Monitoring
Officer and Proper Officer
·
To
change all references from Chief Finance Officer to Chief Financial
Officer
·
To
add to the list of functions of the Chief Financial Officer, under the heading
Administration of Financial Affairs the words “including the provision of
an internal audit function”
·
To
add a new paragraph under the functions of the Chief Financial Officer to read
“Financial Management. The Chief Financial Officer will monitor the Council’s financial
performance on a continuous basis, and will advise the Council of the
robustness of its budgets and the adequacy of its reserves.”
These changes implement a
recommendation of the Audit Commission/District Auditor in the Annual
Management letter received in January 2004 and changes to the statutory
functions of the Chief Financial Officer under the Local Government Act 2003.
9.4
Articles
12 and 14
To change all references to,
and responsibilities for, legal, contractual and constitutional matters from
the Strategic Director Corporate Services to the Head of Legal and
Democratic Services and to add a reference to settling
legal proceedings under that heading.
MEMBER/OFFICER PROTOCOL
9.5
To
approve the draft Member/Officer Protocol set out in Appendix 1
to this report.
ACCESS TO INFORMATION FOR MEMBERS OF SELECT COMMITTEES
9.6
Rule 12 of the Select Committee Procedure Rules refers to
additional rights of Select Committee members to information, but does not
specify what those additional rights are.
The law relating to members’ access to
information is out of date. The case
law, dating mostly from the 1980s, refers explicitly to service committees and
does not easily translate into the era of executive governance and select
committees.
The Corporate
Governance working Group could not reach a consensus on how to deal with this
issue beyond being clear that further work needed to be undertaken in order to
ensure sufficient clarity is achieved in relation to this difficult issue.
There are three aspects to the issues :
·
What rights
of access do members of the Council have to background papers relating to
reports on Select Committee agendas?
·
What rights
do members of Select Committees have to material which is relevant to the terms
of reference of their Select Committee but does not relate to an item appearing
on an agenda?
·
What rights,
if any, do members of the Council who are not members of a particular Select
Committee have in relation to material not relating to an agenda item being
considered by that Select Committee but of relevance to the Terms of Reference
of that Select Committee?
The law is relatively
clear in relation to the first two issues and a proposed amendment to the
Constitution dealing with those two aspects of the issue is proposed below.
The Working Group was
of the view that further work needed to be commissioned in relation to the
third aspect of the issue and this is proposed at paragraph 10 below.
9.7
It is
recommended that the following is added to the Access to Information Procedure
Rules
All
Members of the Council have the right to access background papers relating to
an item on a Select Committee agenda, unless access is prohibited by law, by
Court Order, or by resolution of the Select Committee.
Members
of a Select Committee have, in addition, the right to access sufficient information
on any issue falling within the Terms of Reference of the Select Committee upon
which they sit to enable them to decide whether to seek to add the issue to an
agenda of that Committee, unless access is prohibited by law or by a Court
Order.
The
Rights described above are without prejudice to any right of a member of the
Council, not being a member of a Select Committee with relevant Terms of
Reference, to access information necessary to their function as an elected
member, these rights are prescribed by law or by Court Order.”
SCHEME OF DELEGATIONS
9.8
The scheme
requires refreshing to make the existing arrangements clearer and to make
delegations directly to Heads of Service. This delivers member’s objectives,
which were at the heart of the 2001 restructure, of ensuring Heads of Service
are both empowered to deliver, and also accountable for, the services for which
they are responsible. There is no material change proposed to the extent to
which officers, as opposed to members, take decisions.
It is suggested
that:
(i)
The
existing Introduction is deleted
(ii)
The
following paragraphs are added:
Full
Council and the Executive delegate the following council and executive
functions to Strategic Directors and Heads of Service.
In
exercising these delegations officers will comply with the Officer Delegations
Rules
The Chief Executive Officer will maintain and publish a list of services
for which each Strategic Director and Head of Service is responsible for, and
in relation to which they bear delegated powers. The Chief Executive Officer
has authority to amend that list, and this scheme, to reflect operational
necessity and in order to deliver continually improving services.
(iii)
All
references to
·
Strategic
Directors be amended to add reference to Heads of Service
·
Personnel
Service Manager be changed to read Head of Human Resources
·
The
Head of Paid Service be changed to Chief Executive Officer
(iv)
That
the existing specific delegations be re-ordered to reflect the service
responsibilities of the Chief Executive Officer, the Chief Financial Officer
and the Head of Legal and Democratic Services.
(v)
The
delegations in relation to planning and development control be amended in
accordance with paragraph 7.5 above.
The Officer Delegations
Rules revised in accordance with the above are attached as Appendix 2
to this report.
As the scheme of delegations
concerns executive (under S15(4) Local Government Act 2000) as well as council
functions (under S101 Local Government Act 1972), it is necessary for the
executive to approve the scheme, insofar as it relates to executive functions
and it is proposed that they take effect from the date upon which the Executive
so approve them.
ETHICAL AUDIT
9.9
The Standards
Committee has been conducting an audit of the arrangements to ensure and
promote standards of ethics and probity and has made 12 interim
recommendations. In order to deliver one of those recommendations the Terms
of Reference of the Audit Panel (as attached at Appendix 7) should be
added to the constitution as part of Article 8.
9.10
The interim
recommendations also proposed a number of updating and refreshing issues within
the constitutional documents and these have already been covered by Council
decisions or are recommended by this report.
DEVELOPMENT CONTROL COMMITTEE
9.11
The Development
Control Committee has debated the revision of the Scheme of Delegations, the
Development Control Committee Procedure Rules and Code of Practice for Councillors and Officers Dealing With Development
Control Matters, including the Rules on Site Visits. Although the majority of the changes proposed by the drafts
attached at Appendices 3 to 6 found support from members of Development Control
Committee, debate on one issue failed to deliver a consensus. That issue was the participation of
portfolio holders in Development Control Committee business.
9.12
It is
proposed, therefore, that further work be undertaken by the Standards
Committee, Monitoring Officer and Head of Planning Services designed to deliver
guidance in relation to Portfolio Holders’ engagement in Development Control
Committee debates; that work to be undertaken and completed by the start of the
next Council.
FURTHER
WORK
10
The work of
the Corporate Governance Group, and separate work being undertaken on behalf of
the Standards Committee in relation to an Ethical Audit, has revealed the need
for both clear advice, and clear procedures, in relation to the rights of
members to access information other than in relation to their membership of
Select Committees or as Portfolio Holders.
The need for this development work is
substantially due to inadequacies in the law and sufficient time should be
allowed for a substantial piece of work to be completed which aspires to
produce constitutional provisions which will last at least until any changes in
the law.
Although there is an ethical dimension to
this issue, and the Ethical Audit being undertaken is expected to make
recommendations in relation to this activity, the issue is principally one of
corporate governance and it is suggested that the additional work be undertaken
and reported to the working group in, or after, December 2004, rather than to
the Standards Committee.
Recommendations can subsequently be brought to Full Council.
ARTICLES 6 & 7 – PORTFOLIO
HOLDERS AND SELECT COMMITTEES
11
These
provisions form part of the executive arrangements and can only be amended
pursuant to the Local Authorities (Changing Executive Arrangements and
Alternative Arrangements)(England) Regulations 2001. The articles are in need
of refreshing, but in practical terms the optimum time for review will be at
the start of the next council.
FINANCIAL REGULATIONS/CONTRACT
STANDING ORDERS
12
Financial
Regulations and Contract Standing Orders are currently under review and revised
drafts will be proposed to Full Council in due course.
DECISION
MAKING PROTOCOL
13
This part of
the constitution should have profound implications and be of great assistance,
in managing the Council’s decision-making processes. It is, however, rarely referred to and is, therefore, proving itself
to be less useful than it could be. It
is suggested that this is the only other part of the constitution which can
usefully be reviewed, in some depth, during the next municipal year.
14
Part of this
revision could usefully include a short summary of the distinct roles of the
Full Council, Executive, Portfolio Holders, Strategic Directors and Heads of
Service in order to ensure greater consistency and understanding about the
different circumstances in which each takes decisions and/or supports the decision
making process.
15
In order that
progress on the many other issues reflected in the revised Rules, Code of
Practice and Scheme of Delegations can be implemented, it is proposed that the
revised documents contained in Appendices 3 to 6 be adopted.
STRATEGIC DIRECTOR CHILDREN’S
SERVICES/STRATEGIC DIRECTOR ADULT AND COMMUNITY SERVICES
16
The new roles
of Strategic Director of Children’s Services, and of Strategic
Director of Adult and Community Services are reflected in proposed
revisions to the scheme.
OTHER CHANGES TO OFFICER DELEGATIONS
17
The
opportunity of this revision has been taken to suggest adding to the delegation
to the Strategic Director of Environment Services and the Head of Planning
Services, a delegation in relation to the determination of Village Green
applications. This delegation is designed principally to speed up the
processing of applications and includes as specific reference to the
appointment of a non statutory inspector.
18
Similarly,
the delegations to the Strategic Director of Adult and Community Services can
usefully be amended to add reference to delegations relevant to the new Safer
Communities Team and particularly to the issuing of authorisations under the
Anti-Social Behaviour Act 2003.
19
The Head of
Legal and Democratic Services has for several years been the Council’s Data
Protection Officer without this being reflected in the Scheme of Delegations.
Given the imminent further implementation of the Freedom of Information Act, it
is recommended that a delegation in wide terms covering data protection and
information management functions is added to the Scheme.
CHANGES
IN THE LAW/OPERATIONAL NECESSITY
20
It is always
possible that other changes to the constitution are required during the next
twelve months. To promote stability and
to enable focus on service delivery it is suggested that, other than the areas
set out in paragraphs 10 to 15 above, only such other changes as are required
by developments in the law or by operational necessity are considered by full
Council
DELEGATED
POWERS
21
Many of the
changes which have been brought before full Council within the last twelve
months are too trivial to have merited time before the full Council. It is, therefore, recommended that the Head
of Legal and Democratic Services is given a specific delegation to amend, in
consultation with the Chairman of the Council, the constitution to reflect
changes in the law and/or to clarify existing provisions where the amendment
does not affect the substance of the constitution.
22
This
delegation will mean that changes, such as new management structures, approved
elsewhere by members, do not need to be reported to Full Council.
STRATEGIC
CONTEXT
23
The purpose
of the constitution is to deliver open, efficient decision making processes, in
order to deliver strategic and operational objectives of the Council
CONSULTATION
24
Changes to
the constitution, under the terms of guidance issued in the light of the Local
Government Act 2000, requires proportionate public consultation when changes to
the constitution are being considered.
As the changes being discussed in this paper affect the efficiency of
the operation of the constitution, rather than amendments to the structures and
fundamental principles of the constitution, the publication of this report, in
accordance with the access to information procedure rules, amount to sufficient
public consultation.
FINANCIAL/BUDGET IMPLICATIONS
25
The cost of producing updated versions of the constitution and
Members handbook will be met within existing budgets. This step is necessary in order to reflect changes which have
already been made to the constitution and to comply with recommendations from
the Audit Commission/District Auditors annual management letter.
LEGAL IMPLICATIONS
26
Full
Council is the body competent to amend the constitution. The amended constitution must be consistent
with the Local Government Act 2000 and the constitutions directive issued by
the then Secretary of State for Environment, Transport and the Regions in December
2000.
RECOMMENDATIONS
It
is recommended that:
(i)
each
of the changes to the constitution set out in paragraphs 9 and 16-19 be
adopted.
(ii)
the further work set out in paragraphs 10 to
14 be undertaken and reported to future meetings of Full Council.
(iii)
the
Head of Legal and Democratic Services is given a specific delegation to
amend, in consultation with the Chairman of the Council, the constitution to
reflect changes in the law and/or to clarify existing provisions where the
amendment does not affect the substance of the constitution.
|
BACKGROUND PAPERS
Agendas and Minutes of full
Council, the Executive, Development Control Committee and Select Co-ordinating
Committee
Ofsted Local Education
Authority Inspection report
IDEA Peer Review Report
Contact Point :
John Lawson, Head of Legal and Democratic Services, County Hall,
Newport, Isle of Wight F 01983 823207
|
JOHN LAWSON
Head of Legal and Democratic
Services
& Monitoring Officer
|
COUNCILLOR SHIRLEY SMART
Leader of the Council
|
APPENDIX
1
DRAFT REVISED PROTOCOL ON
MEMBER/OFFICER RELATIONS
1.
Good
Member/Officer relations, based on mutual respect and understanding, are
essential to the effective operation of the Council.
Members’ Roles
2.
The
Constitution sets out 10 detailed job profiles reflecting the many and varied
roles and responsibilities which Members may take on at various times whilst
they sit on the Council.
3.
In
undertaking those roles and responsibilities, elected Members are required to
operate within the law, the Constitution of the Council and within local and
national codes and protocols. Members must always act in the public interest.
Ultimately however, Members are accountable to the electorate through the
ballot box.
Role of Officers
4.
Officers are
paid employees of the Council (not of elected Members). Officers are also required to operate
within the law, the Constitution of the Council, local and national codes and
protocols and must always act to achieve the objectives of the Council. Ultimately as employees, Officers are
accountable under their contracts of employment. Some employees are in politically restricted posts and cannot
stand for election, nor hold certain posts in political parties
5.
Officers have
a duty to provide information, advice and recommendations to elected
Members. Such information, advice, etc
can be given both formally and informally, but where significant or potentially
controversial issues are at stake should be given formally and in writing.
6.
Proper, open
dialogue between Elected Members and members of staff of all grades and
seniority is essential to good governance.
In order to ensure that dialogue is mutually respectful, productive and
contributes to the effective running of the Council, certain principles should
be followed :
Officers should never lobby Members or
otherwise improperly seek to influence their decision-making, nor should they
seek to act for personal rather than professional motives.
Member Decision Making
7.
The principal
focus of Member decision making is to determine policy and strategic
objectives. Members will only
exceptionally be involved in operational or managerial decisions designed to
deliver those policies and strategic objectives. One exception to this principle
is that members sitting in a regulatory capacity will take decisions which
affect the rights of individuals, for example in relation to development
control and licensing matters, to which specific codes of practice apply.
8.
Member
decision making is always formal, public and auditable on the basis of written
reports and their advice from all relevant officers.
9.
Accordingly,
Members should not purport to give instructions directly to Officers on an
informal basis, except to the small number of Officers employed specifically to
provide support services to elected Members.
10.
Members need
to be aware that some, particularly more junior, members of staff can feel
intimidated by direct approaches by Members, and in particular should avoid
being in a position where they could be seen as asking an officer to act
against Council policy, against the Officer’s professional judgement or
otherwise under pressure from the member.
Provision of Information
11.
Members have
a need to know a wide range of information, but there are some limits to their
rights. In order to protect the Council
and those about who information is held, Officers are entitled to request
Members identify the purpose for which they require information. Those purposes may only be in connection
with the Members’ duties as an elected Member and not for personal, political
or other purposes.
12.
Equally on
the rare occasions when a request by a Member for information is refused, the
Member is entitled to request written reasons and that a copy of those reasons
is sent to the Monitoring Officer for advice.
Officer’s Advice
13.
Advice by
Officers must be confined to Council business and must be sought and given, in
a manner which will avoid compromising the political neutrality required of
employees.
14.
Many officers
are willing to be contacted by members at home outside of normal working hours,
but this step should only be taken in cases of genuine importance or urgency or
by prior arrangement.
Group Briefings
15.
Political
Groups may request private and confidential briefings, including the provision
of written information on matters of policy, which are or may become, the
subject of discussion by the full Council, Executive or any Committee.
16.
Attendance by
Officers at Group meetings may be requested, but Officers will always have the
option of declining to attend and give written advice as an alternative. It is not usually considered good practice
for officers to attend such briefings alone.
17.
Where an
Officer attends a Group meeting, they have an obligation to notify the
Monitoring Officer of the fact of their attendance and the subject of the
briefing. The Monitoring Officer will
then notify the other Political Groups that the briefing has been given.
Complaints and Criticism
18.
Neither
Officers nor Members should pass comment about Officers in a way which could be
taken as personally critical of, or as undermining, that Officer. Similarly, it
is never the role of an Officer to criticise or undermine a Member.
19.
Complaints
about elected Members should be made to the Monitoring Officer (or in serious
cases, direct to the Standards Board for England). A breach of this protocol may be evidence of a breach of the
Members’ Code of Conduct.
20.
Complaints
about Officers should be made to their Head of Service, or where necessary, to
their Strategic Director or direct to the Chief Executive Officer. Such complaints will be dealt with by
appropriate disciplinary, capability or other established procedure.
21.
Except as
part of an appointment or appeals panel, Members are prevented by law from
becoming involved in matters relating to individual employees. Information about disciplinary, capability
or other employment processes are one of the exceptions to the rights of
Members to access information.
Executive and Select Committees
22.
The
Constitution of the Council establishes a separation of powers between the
Executive and the Select Committees.
Officers owe an equal duty to both the Executive and the Select
Committees. Sometimes real or perceived
conflicts may arise, for example, when a Select Committee wishes an Officer to
explain their advice in relation to a controversial policy or decision. In such circumstances, conflict can be
avoided by Officers advising impartially on the relative merits of alternative
approaches.
Advice and Guidance
23.
This protocol
deals with general principles and is not designed to address particular
circumstances. Advice can be sought
from the Monitoring Officer and Chief Executive Officer whenever difficult
situations arise. Some circumstances
will benefit from deliberation by the Standards Committee of the Council, which
has advising Members on standards of ethics and probity as one of its terms of
reference.
Personal/Family/Financial Relationships
24.
Usually it is
incomparable with good member/officer relations for close personal, or any financial,
relationships to develop between officers and Members. Very occasionally there may be exceptions to
this rule, and/or that family relationships will exist.
25.
Where there
are unusually close relationships (and in the case of any financial relationships)
guidance should be sought and the relationship notified in writing to the
employee’s Director (or in the case of Directors to the Chief Executive
Officer)
APPENDIX 2
DELEGATIONS TO OFFICERS
INTRODUCTION
Full Council and the Executive have delegated the following council and
executive functions to Strategic Directors and Heads of Service under the
terms, respectively of S101 Local Government Act 1972 and S15(4) Local
Government Act 2000.
In exercising these delegations officers will comply with the Officer
Delegations Rules
The Chief Executive Officer
will maintain and publish a list of services for which each Strategic Director
and Head of Service is responsible for, and in relation to which they have
delegated powers under this scheme. The Chief Executive Officer has authority
to amend that list, and this scheme, to reflect operational necessity and in
order to deliver continually improving services.
1. OFFICERS’ DELEGATIONS RULES
Where decisions
are taken or powers are exercised by Officers under delegations from the
Council, the following principles and conditions shall apply:-
1.1
Powers shall be exercised in accordance with the Law, the Council’s
Procedure Rules, Financial Procedure Rules, Contract Procedure Rules and any
policies relevant to the functions delegated.
1.2
Decisions shall be taken in the name of, but not necessarily personally
by, the officer with the delegated power.
Any officer with delegated powers may authorise another officer to act
either in their own name or in the name of the authorising officer. Such decisions remain the responsibility of
the officer with the delegation.
1.3
It is the responsibility of officers who take delegated decisions to
keep an appropriate and auditable record of the date the decision was taken,
the principal considerations involved in reaching the decision, the reasons for
the decision and any advice taken and/or consultation undertaken
1.4
In exercising delegated authority regard must be had to:-
·
Furthering the achievement of the Community Strategy and the Council’s
Strategic objectives;
·
Encouraging openness and accountability through consultation and
participation;
·
Ensuring ethical and financial probity and the good management of
financial, human and physical resources;
·
Pursuing lawful, proportionate and reasonable decision making taking
into the account all relevant factors and having regard to the European
Convention on Human Rights;
·
Following the relevant protocols and Codes of Conduct;
·
Demonstrating continuous improvement in the delivery of services;
·
Taking steps to promote equality and to eliminate unlawful
discrimination in the Council and on the Island;
·
Taking steps to prevent and reduce crime and disorder;
·
Taking steps to promote the economic social and environmental financial
wellbeing of the Island;
·
Absolute standards of integrity and priority;
1.5
In deciding whether or not to exercise delegated powers, officers shall
whenever the decision is potentially controversial consult with the relevant
Portfolio Holder and/or Select Committee Chairman and shall always be entitled
to refer matters for decision to the appropriate Member body where they
consider they should do so.
1.6
In exercising these delegated powers the officers concerned shall have
broad discretion, subject to these rules, to use the most efficient and
effective means available, including the deployment of staffing and other
resources within their control and the procurement of other resources necessary
whether within or outside the Council.
1.7
Officers shall act so as to achieve for their service the policies and
objectives of their service and always having regard to the overall and
corporate objectives and interests of the Council.
2
GENERAL
DELEGATIONS TO DIRECTORS
AND HEADS OF SERVICE
General
2.1
Within the provisions of statutory requirements,
schemes of conditions of service, Standing Orders, Standing Orders as to
Contracts and Financial Regulations of the Council and subject to approved
estimates and established policies, Strategic Directors and Heads of Service
are empowered to make such decisions and to initiate such actions as they deem
necessary in the interests of the efficient running of their directorates and
the services which they deliver.
2.2
The delegated powers within the scheme are exercisable by the Strategic
Director or Heads of Service or other person authorised by them.
Finance
2.3
In accordance with Council policies, to
authorise any increase, or decrease, in fees and charges subject to
consultation with the relevant member of the Executive and the Chief Financial
Officer.
2.4
Subject to Council policy and approved
budgets to incur expenditure in the discharge of the responsibilities for each
directorate provided that no commitment to expenditure is made in excess of the
approved budget.
2.5
Subject to prior approval of the Chief
Financial Officer to have the general power of virement as set out in Financial
Regulations.
2.6
Within policy to make application for
any grants or external funding on behalf of the Council.
2.7
Within approved policy and budget and
within the competence of the Council to engage in providing services for
outside agencies.
2.8
To serve notices in connection with any
function within the competence of the Council.
Personnel
2.9
In accordance with policies and procedures
adopted by the Human Resources committee and/or the Head of Human Resources to
recruit, deploy and manage staff including, with appropriate consultation with
the Head of Human Resources, capability and disciplinary procedures; the making
of ex gratia payments in respect of loss or damage; waiver of repayment of
expenses, allowances or the cost of training; approval of early retirement or
redundancy and the determination of terms and conditions.
STATUTORY OFFICERS
3
CHIEF
EXECUTIVE OFFICER
3.1
Where necessary in consultation with
the Monitoring Officer, Chief Financial Officer, Political Groups, Leader of
the Council and/or relevant Portfolio Holder(s), to authorise urgent action
between Executive meetings and ensure that the decision be made available to
the Chairmen of the relevant Select Committee.
3.2
To authorise, as an approved duty,
attendance of members at appropriate conferences, seminars, visits etc, both in
this country and abroad.
3.3
To be the Council's Head of Paid
Service.
3.4
Responsibility for ensuring :
(i) that human resource management complies with current Council
policy and standards.
(ii) propriety and observance of Codes of Conduct
for all Council staff.
(iii) compliance with and observance of all
established Council policies.
3.5
To provide professional advice to all
partners in the decision making process.
3.6
In conjunction with the Monitoring
Officer to maintain a system of record keeping for all the Council's decisions.
3.7
To make arrangements for the Council to
be represented on partnership and external bodies as required by statute or the
Council.
3.8
To have all the powers of any other
officer of the Council in the event of their absence or inability to act,
except insofar as the exercise of such powers is by law limited to a specific
postholder.
3.9
To act as Returning Officer for
Parliamentary and Local Elections.
3.10
Within the Council policy and within
budget to manage and operate on a day to day basis County Hall accommodation.
3.11
To agree fees and charges for election
staff as recommended by the Joint Working Party of Chief Executives and
District Secretaries throughout Hampshire and the Isle of Wight.
4
MONITORING
OFFICER
4.1
To oversee vires issues and report as
appropriate to the Council on any proposal, decision or omission that would
give rise to unlawfulness or if any decision has given rise to maladministration.
4.2
To authorise investigations and reports
on issues that are relevant to the Council's functions.
4.3
To make arrangements for the promotion
and maintenance of high standards of conduct within the Council.
4.4
To undertake appropriate arrangements
in connection with the Council's Standards Committee.
4.5
To make arrangements for decisions of
the Executive, the reasons for those decisions, relevant reports and background
papers to be publicly available.
4.6
To make arrangements for the
maintenance and inspection of the register of members and co-opted members
interests.
4.7
To provide appropriate support to
members and officers to assist in undertaking their roles.
5
CHIEF
FINANCIAL OFFICER
5.1
To provide professional financial
advice in relation to the Council's corporate management.
5.2
To make arrangements for the
maintenance of the Council's financial administration and stewardship.
5.3
To make arrangements for the provision
of financial information.
5.4
To monitor the Council’s financial
performance on a continuous basis, and advise the council of the robustness of
it’s budgets and the adequacy of it’s reserves.
6
DIRECTORATE OF CORPORATE SERVICES
The following functions are delegated
to the Strategic Director and the relevant Head of Service:
Legal and Democratic Services
6.1
On behalf of the Council to institute,
defend and carry on legal proceedings, including prosecutions, and to retain
Counsel or instruct Parliamentary Agents and other solicitors as and when
necessary.
6.2
To be responsible for implementing and
managing at the direction of the Council, the Council's Business System
including, in accordance with the wishes of the Political Groups, the changes
to Committee membership.
6.3
To issue licences and permits, and to
keep registers as required by any enactment within Council policy.
6.4
To serve notices and publish any
matters in connection with any function within the competence of the Council
including the Proper Officer with regard to any provision within the Local
Government Acts unless otherwise delegated elsewhere.
6.5
To make Orders under any statutory
provision within the powers of the Council and where such an Order has been
approved either by a Committee or by a relevant officer whilst exercising his
delegated powers.
6.6
To authorise the attestation of
documents signed and sealed on behalf of the Council.
6.7
To make appointments to outside bodies
where nominations have been sought from all members of the Council and
appropriate nominations received to fill the vacancies available, subject to
consultation with the relevant member of the Executive. Where there are more
nominations received than vacancies the appointment to be referred to the
Executive or Council as deemed appropriate, after consultation with the Leader.
6.8
To review the allocation of seats on
the Executive, Select Committees or a Regulatory Committee between political
groups and advise on the allocation which meets the requirements of the
appropriate legislation and in accordance with the decision of the Council, and
wishes of the political groups, make the appropriate appointments to these.
6.9
In relation to the appointment as
Proper Officer to exercise the function of Births, Deaths and Marriages.
6.10
To undertake functions in relation to
data protection, freedom of information and information management, including
the determination of requests and the arrangement of appeals.
6.11
To make arrangements for the proper
administration of the financial affairs of the Council.
6.12
Subject to the Financial Procedure
Rules of the Council and to all relevant legislation the Chief Financial
Officer shall have delegated responsibility to
carry out all functions necessary to make arrangements for the proper
administration of the financial affairs of the Council including the operation
of such funds, provisions and reserves as he considers appropriate for this
purpose.
6.13
Subject to the policies of the Council
and within approved budgets to:
(a) Implement decisions of
National Negotiating Bodies affecting employees, except insofar as such
decisions give discretionary powers to employing authorities.
(b) Make arrangements for the
borrowing of such moneys as are necessary and in accordance with the Council's
Treasury Strategy and Policy, to invest any temporarily surplus funds and to
borrow on overdraft from the Council's bankers such sum or sums as may from
time to time be required up to a limit agreed between the Council's bank and
the Council.
(c) Select and/or switch
financing methods for capital expenditure including leasing as appears to be in
the Council's best financial interests, to include the annual statutory
determinations for capital financing.
(d) Arrange the issue of
Revenue Bills to the maximum value permitted by Schedule 13, Local Government
Act 1972.
(e) After consultation where
appropriate with the head of Legal and Democratic Services to settle claims by
third parties which are not recoverable from the Council's Insurers.
(f) Authorise the payment of
gratuities to part-time employees declared redundant who would not qualify for
redundancy payments.
(g) Make arrangements for the
investment of the Pension Fund subject to any strategic decisions of the
Investment Panel, to authorise persons to act as proxies at meetings and
business in connection therewith, to authorise the Common Seal of the Council
to be affixed to any necessary documents in connection with the above.
(h) Provide financial services
to external organisations on a full cost recovery basis.
(i) Annually, in liaison with
the Corporate Director of Social Services and Housing to set the rents of
temporary housing accommodation.
(j) To advise Members on
policy issues in respect of pensions administration and to take decisions in
respect of the Pension Scheme.
(k) To maintain an internal
audit of the Council's financial affairs.
(l)
Authorise officers to sign certificates
as required by the Local Government Finance Act 1998.
(m)
To manage all routine matters arising
under the Local Government Pension Scheme Regulations and the Local Government
Compensation Regulations.
(n)
To take decisions on all pension cases
falling within precedent, guidelines or regulations.
(o)
To make arrangements for the Billing
and Collection of Council Tax and Non Domestic Rates and, where appropriate,
outstanding Community Charge and Domestic Rates and for the determination and
payment, where applicable, of Housing Benefit and Council Tax Benefit.
(p)
To authorise Officers of the Council to
institute proceedings in the Magistrates Court or the County Court on behalf of
the Council for the Recovery of Council Tax, Non Domestic Rates, Community
Charge and Domestic Rates and to authorise any person to act on the Council's
behalf in taking any Court Proceedings or other enforcement measures
appropriate to the task of Recovery, and to authorise the Common Seal of the
Council to be affixed to Documents of Council in this connection.
(q)
To issue Attachment of Earnings Orders
in respect of Council Tax and Community Charge and authorise any person to act
on the Council's behalf in the issuing of such orders.
(r)
To issue warrants for the seizing of
goods and chattels by the Bailiff in respect of the recovery of rent and
authorise any person to act on the behalf of the Council.
(s)
To authorise any person to attend
hearings of the Valuation Tribunal on behalf of the Council.
(t)
To determine the council tax base for
each financial year
Information Technology
6.14
Within approved budget and Council
policy:
(a) To be the Council's overall
co-ordinator on all relevant IT matters to assist with the proper functioning
of the Council's business.
(b) To authorise the use of
computer hardware and software agencies to deal with programming and processing
emergencies, to arrange mutual hardware standby facilities and to make the IT
Section's services available to third parties for the same purpose on a full
cost recovery basis.
7
STRATEGIC
DIRECTOR, ENVIRONMENT SERVICES
The following functions are delegated
to the Strategic Director and the relevant Head of Service:
Highways and Transportation
7.1
To authorise:
(a) the
erection and sitting of buildings or structures or the carrying out of works in
front of the prescribed building line pursuant to the powers contained in the
Highways Acts 1980;
(b) interference
with or obstruction to highways pursuant to powers contained in the Highways
Acts 1980.
7.2
To authorise the statutory powers of
entry on to any land for the purpose of survey and to place or leave on or in
that land any apparatus for use in connection with that survey.
7.3
ln an emergency, to take such action as
is necessary to protect life or to preserve property belonging to the Council
or the well being of the occupants for whom the Council is responsible and to
effect repairs.
7.4
(i) The
power to contribute up to a maximum of 10% of the estimated costs of the
maintenance of access roads, the route of which coincides with a by-way or
bridleway.
(ii) The discretion to undertake minor works
of repair and general maintenance of rights of way.
7.5
In consultation with the Strategic
Director, Corporate Services to demolish property acquired for road schemes in
advance of requirements.
7.6
To authorise the entering into of
agreements with developers under Sections 37, 38 and 278 of the Highways Act
1980 and Section 111 of the Local Government Act 1972 and for the adoption of
streets constructed to specification and to exercise the default powers
thereunder if required.
7.7
To plan and carry out highway
improvements not requiring planning permission, subject to notification to the
Local Land Charges Registrar as necessary and appropriate.
7.8
To approve :
(a) the placing of structures
within highway limits;
(b) the laying, maintenance
and inspection of pipes, cables or other lines over or under the highway;
(c) the erection of stiles,
gates or cattle grids;
(d) arrangements for motor
vehicle and cycle trials subject to the concurrence of the relevant member of
the Executive.
7.9
To exercise the Council's powers,
including the giving of formal notices:
(a) to require the removal of
obstructions to sight lines at corners and to remove unauthorised signs on any
part of the highway;
(b) to require the removal,
lopping and cutting of trees or hedges overhanging or near to a highway;
(c) to pipe or culvert and
fill up roadside ditches;
(d) to require the execution
of works to prevent soil or waste from land from falling or being washed on to
a street;
(e) to take any action in
relation to any obstruction of or damage to the highway or users thereof;
(f) in relation to
alterations of the public highway whereby notices may be served on statutory
undertakers or by them upon the Council, and to agree estimates and
specifications in connection therewith and to exercise all other powers under
the New Roads and Street Works Act 1991.
(g) to require the removal of
abandoned vehicles and any appropriate action relating thereto.
7.10
To approve the advertisement of
proposals to make Traffic Regulation Orders under the Road Traffic Regulation
Act 1984, as amended, and to approve the making Orders in respect of advertised
proposals where no objections have been received subject to consultation with
the relevant member of the Executive.
7.11
To approve the advertisement and making
of Traffic Regulation Orders and to approve the posting of notices under
Section 14 of the Road Traffic Regulation Act 1984.
7.12
To agree contributions to regional
water authorities' surface water drainage schemes calculated on the proportion
of highway `run-off' to that from other areas and to make payments of up to
Ł1,000 to any minor drainage scheme of any type where the highway will benefit.
7.13
To arrange for the temporary use of
land for storing of highway materials or equipment.
7.14
To carry out minor temporary repairs in
private streets required to remove danger to persons or vehicles.
7.15
To erect traffic signs and in
consultation with the Head of Property Services to arrange wayleaves for their
erection on private property.
7.16
To enter into agreements :
(a) permitting encroachments
of the highway to remain;
(b) for the maintenance and
planting of land within highway limits;
(c) with other public
authorities for the provision of services and the recoupment of charges.
7.17
To certify interim and ex gratia
payments on all principal road and ‘other roads' contracts.
7.18
To grant permission for the erection of
banners over highways, subject to appropriate conditions including conditions
necessary for public safety.
7.19
To seek planning permission for the
purposes of Regulations 4(1) and 5(2) of the Town and Country Planning General
Regulations 1976.
7.20
To seek tenders for public transport
services that in his opinion are necessary, with and that the tenders received
being put before the Executive for determination.
7.21
To adjust the timetable and routes for
the tendered local bus services that in his opinion are necessary or essential
to the maintenance of a balanced timetable.
7.22
To make public path orders under the
Highways Act 1980 and modification orders under the Wildlife and Countryside
Act 1981 where the approved consultation procedure has produced no objections
to the proposed order; such action when taken to be reported to the next
meeting of the Regulatory Appeals Committee.
7.23
To conclude agreements under the
relevant sections of the Town and Country Planning Act or the Highways Act to
enable developers to carry out works and dedicate land as part of the publicly
maintainable highway subject to adequate budget provision, and in the case of
capital contributions being required, in consultation with the relevant member
of the Executive.
7.24
To authorise, after consultation with
the relevant member of the Executive, that disposal of redundant vehicles to
non-commercial charitable organisations provided that the availability of these
are first advertised following which recipient organisations be chosen by lot.
Property Services
7.25
Within approved budget and Council
policy to manage the Council's property portfolio through the Council's
Property Services Manager including, in particular, the power to buy and sell
land; to enter into or grant leases and licences; to
make planning applications building control applications and such other
applications to comply with statutory requirements; to develop property in
accordance with Council policy and to inform
the relevant ward councillor.
Building Control
7.26
Building Control matters, in particular
the issue of notices and determination of applications, consents or approvals
under the Building Act 1984 and the Local Government (Miscellaneous Provisions)
Act 1982.
7.27 The processing and determination of all applications and related
submissions is delegated to the Director of Environment Services, the Head of
Planning Services and the Development Control Manager with the following
exceptions:
(a)
Applications for residential development schemes in excess of 50
dwellings on land allocated for residential purposes in the Unitary Development
Plan (or on sites in excess of 1 hectare where the number of dwellings is not
indicated).
(b)
Applications for residential development schemes in excess of 20
dwellings on land not allocated for residential purposes in the Unitary
Development Plan (or on sites in excess of 0.5 hectares where the number of
dwellings is not indicated).
(c)
Applications for industrial/commercial development in excess of 2500
square metres floor space (or on sites in excess of 1.0 hectares where a
floorspace is not indicated).
(d)
Applications for retail development in excess of 1000 square metres
floor space (or on sites in excess of 0.5 hectares where a floorspace is not
indicated).
(e)
Applications which by their nature need to be accompanied by an
Environmental Impact Assessment (or Environmental Statement) as a requirement
of the Town & Country Planning (Environmental Impact Assessment) (England
and Wales) Regulations 1999 or any future such Regulations.
(f)
Applications submitted by or on behalf of a Member (or their
spouse/partner) or by any officers (or their spouse/partner) employed in
Planning Services or any other areas of the Council where the individual may be
involved in the planning process.
(g)
Applications where the proposed development is for Council purposes or
involves Council owned land or property (except where the application is for
minor works to existing property, where the use is not to be changed and where
there is no consequent proposal to dispose of the property).
(h)
Applications for listed building consent (or the associated planning
application) proposing the complete demolition of a listed building.
In addition to
these types of application the following proposals (not capable of
identification at registration stage) will also be reported to Development
Control Committee:
(i)
Applications where an elected Member has submitted a written request for
determination by the Development Control Committee. This request should be accompanied by relevant and sustainable
reasons as to why, in the view of the Member, the application should not be
determined by Officers without reference to the Development Control Committee.
(j)
Applications which in the opinion of the Director of Environment
Services/Head of Planning Services/Development Control Manager (or other
appropriate nominated officers) need to be determined by the Development
Control Committee on the basis that it is a contentious/sensitive issue arising
from the scale and nature of third party representation/consultation responses
and (potential) conflict with national and/or regional and/or local planning
policies.
7.28
Preparation and service
of Planning Contravention Notice.
7.29
Preparation and service of Breach
of Condition Notice.
7.30
Prosecution in respect
of unauthorised advertisements and works to listed buildings without the
appropriate listed building consent.
7.31
Delegated to the Head of
Planning Services and the Development Control Manager (in consultation with the
Chairman of Development Control Committee and the appropriate ward Member).
7.32
Preparation and service
of any Enforcement Notice.
7.33
Preparation and service
of a Notice under S215 Town and Country Planning Act 1990.
7.34
Determinations to take
no further enforcement action after detailed examination of circumstances
surrounding an alleged breach of control, or the serving of a Planning
Contravention Notice.
7.35
All matters relating to
the preparation and service of Stop Notices will be reported directly to the
Development Control Committee.
7.36
To carry out appropriate publicity for applications in accordance
with the statutory requirements.
7.37
To agree amendments to approved plans in accordance with approved
procedures.
7.38
To add or amend any condition or reason
as appropriate to the decision notice as long as the resultant decision is in
accordance with the intention of Development Control Committee and the formal
resolution.
7.39
The removal of illegally displayed
advertisements.
7.40
Determining applications for lopping,
topping and felling of preserved (or protected) trees.
7.41
Determining the need for environmental
statements.
7.42
Determining the amount of loans/grants
in accordance with the Council's Environmental Improvement Grant Scheme and
Conservation Area Partnership Schemes, CAPS and HERS.
7.43
Declining to accept for determination
repetitive applications.
7.44
Determination as to whether planning
permission is required or not.
7.45
To issue decisions made on planning
applications and other related submissions.
7.46
Where the Development Control Committee
wishes to grant, or refuse, permission contrary to the recommendation, the
Strategic Director or Head of Planning Services can invoke a ‘cooling off'
period which will enable the production, in consultation with the Head of Legal
and Democratic Services, to prepare a report for the next meeting, commenting
on the sustainability of the proposed reasons for refusing planning permission.
7.47
Routine Street naming and numbering in
consultation with the relevant member of the Executive and the local member.
7.48
To undertake appropriate action in
connection with the preparation and/or amendment of the Unitary Development
Plan.
7.49
To determine any question in relation to a
Village Green Application including the appointment of an inspector to conduct
a non-statutory enquiry into any Village Green application.
Environmental Health, Trading Standards and Bereavement Services
7.50
Responsibility for fulfilling the
Council's responsibilities and obligations for Trading Standards, including
weights and measures, animal health, consumer safety, food and consumer advice.
7.51
Responsibility for fulfilling the
Council's responsibilities and obligations for Environmental Health, including
food, Health and Safety and environmental protection.
7.52
Responsibility for fulfilling the
Council's responsibilities and obligations in regard to licensing in those
areas encompassed by the Service.
7.53
To authorise three senior officers from
the Environmental Health Section, together with a member of the Licensing
Committee, to consider all door steward applications refused by the Senior
Licensing Officer.
7.54
To grant street trading licences and
public entertainment licences where no objection has been received, and after
consultation with the Chairman, or Vice Chairman, of the Licensing Committee
and the local member.
7.55
To waive charges for street trading
consents where these are for charitable purposes where appropriate.
7.56
To approve contractors being included
to the Council's list for pest control provided these meet the Council's
specifications.
7.57
Responsibility for fulfilling the
Council's responsibilities and obligations with regard to the statutory
requirements and general operation of Bereavement Services.
7.58
To
ensure the implementation of the Economic Strategy including Single
Regeneration Budget and European matters and the making of relevant
applications for government and European funding, within approved budget and to
liaise with the Isle of Wight Economic Partnership and the Tourism Partnership.
8
CHIEF FIRE
OFFICER
8.1
The Chief Fire Officer shall be the
executive, operational and administrative head of the Fire and Rescue Service.
8.2
The Chief Fire Officer shall be
directly responsible to the Fire Authority for maintaining the Isle of Wight
Fire and Rescue Service:
(a) Responsible to the Fire Authority for
the Standards of Fire Cover for the Island and such equipment that may be
necessary to meet efficiently all normal requirements.
(b) The efficient training of the members of
the Fire and Rescue Service.
(c) The efficient arrangements for dealing
with calls for assistance for the Fire Brigade in case of Fire and for
summoning members of the Fire Brigade.
(d) Efficient arrangements for obtaining by
inspection or otherwise information required for firefighting purposes with
respect to the character of buildings and property in the Fire Authority's area
and available water supplies and the means of access to them and other material
local circumstances.
(e) Efficient arrangements for ensuring that
reasonable steps are taken to prevent or mitigate damage to property resulting
from measures taken in dealing with fires.
(f) Efficient arrangements for giving when
requested of advice in respect of buildings and other property in the area of
the Fire Authority as to fire prevention, restriction of spread of fire and the
means of escape in case of fire.
8.3
Responsible for fulfilling the
Council's responsibilities for its obligations as a Fire Authority under the
Fire Services Act 1947 (as amended) and under any Fire Safety and associated
legislation.
8.4
To authorise appropriate officers to
carry out all functions including the services of all notices under fire safety
legislation and to serve any other notices in connection with any function
within the competence of the Council.
8.5
Responsible for the maintenance of
discipline under the Fire Services (Discipline) Regulations 1985.
8.6
To negotiate minor adjustments in the
scheme of Conditions of Service and to consult with staff and trade union
representatives on industrial relations matters.
8.7
To be responsible to the Fire Authority
for ensuring, so far as is practical, a reinforcement scheme for securing and
rendering mutual assistance for the purpose of dealing with fires occurring on
the Island.
8.8
Employing the Fire and Rescue Service
or use any equipment for the purposes other than firefighting for which it
appears to be suitable and to make such charges as he may determine for any services
rendered in the course of such employment, within the policies determined by
the Council.
8.9
Take all reasonable steps for ensuring
the provision of an adequate supply of water and for securing that it will be
available for use in case of fire.
8.10
Maintenance of an establishment scheme
as approved as approved by the Fire Authority and Secretary of State.
Emergency Planning
8.11
Responsibility for fulfilling the
Council's responsibilities and obligations in regard to Emergency Planning
preparedness.
8.12
Responsibility for ensuring that the
Council's obligations, responsibilities and duties for the control of the oil
pollution are fulfilled.
9
STRATEGIC
DIRECTOR OF CHILDREN’S
SERVICES
The following functions are delegated to the
Strategic Director and the relevant Head of Service:
Education
9.1
To fix, in consultation with the Island
Teaching Council and Headteacher Groups, school terms and holiday dates.
9.2
To secure the admission of children to
County and voluntary controlled schools including the establishment in
consultation with governing bodies of annual admissions numbers and to agree
admissions numbers and admissions policies with the governing bodies of
voluntary aided schools.
9.3
To secure the transport of pupils and
students to schools and other education establishments in accordance with
statute or the policies of the Executive with due regard to budgetary
provision.
9.4
To secure, in consultation with the
Chief Financial Officer, the calculation, dissemination and monitoring of
school budgets under the terms of the Council's Scheme for Local Management of
Schools in fulfilment of the Council's statutory duty to provide for public
education.
9.5
To secure the provision of education
for those with special educational needs as defined under various legislation
in accordance with the policies of the Executive and with regard to the
Committee's estimates, such provision to include education otherwise than in a
school in appropriate cases.
9.6
To authorise the payment or
disbursement of grants, allowances, authorisations and services to pupils,
teachers and others as determined by relevant legislation or in accordance with
the policies of the Executive.
9.7
To initiate such action as falls to the
responsibility of the Executive for the attendance of pupils at school or for
pupil welfare under the Children Act 1989 and other relevant legislation.
9.8
To secure the implementation of the
annual capital programme of the Executive, as approved by the Council,
including the allocation of resources within the minor capital building programme
and the preparation and purchase of furniture and equipment schedules in
accordance with Financial Procedure Rules and Contracts Procedure Rules, and to
include all arrangements with regard to voluntary aided school sites and
buildings.
9.9
To authorise the publication of notices
under Sections 12, 13 and 15 of the Education Act 1980 subject, where
appropriate, to consultation with the governing bodies of the schools
concerned.
9.10
To authorise the appointment of
teaching and non-teaching staff in schools and elsewhere within the Education
service and to undertake anything consequential to the employment of those
staff as provided under legislation or the policies of the Executive subject in
the case of schools to the provisions of the Council's Scheme for Local
Management of Schools.
9.11
To undertake the landlord function in
relation to the management of sites held by the Executive.
Children’s Services
9.12
To commission services as required
under the Children Act 1989 involving the purchasing and contracting of services
within the Contract Procedure Rules and Financial Procedure Rules, making
appropriate care placements of individuals and to cancel contracts where
contractual conditions have not been complied with following any remedial
actions compliant with the Contract.
9.13
To execute responsibilities under
various statutes relating to the care of children, including the responsibility
for instituting Court Proceedings, normally in consultation with the Head of
Legal and Democratic Services.
9.14
To execute powers conferred by various
statutes involving financial support to people, where expenditure can be
contained within the overall Directorate budget.
9.15
To set the level of charges for the
Directorate's services in consultation with the relevant members of the
Executive.
9.16
To make appropriate payments and
disbursements to any person or agency in execution of the Council policies
subject to overall containment of the Service's agreed level of budget.
9.17
To authorise staff to execute statutory
powers, enforcements, rights of entry, etc, as necessary to conduct the affairs
of the Social Services functions, including the servicing of Notices under
various Statutes.
10
STRATEGIC
DIRECTOR OF ADULT AND
COMMUNITY SERVICES
The following functions are delegated
to the Strategic Director and the relevant Head of Service:
Adult Services
10.1
To approve Registration of Residential
Care Homes, Nurseries and Child Minders, and imposing such conditions, in
accordance with appropriate legislation.
10.2
To commission services as required
under the NHS and Community Care Act 1990 involving the purchasing and
contracting of services within the Contract Procedure Rules and Financial
Procedure Rules, making appropriate care placements of individuals and to
cancel contracts where contractual conditions have not been complied with
following any remedial actions compliant with the Contract.
10.3
To execute responsibilities under
various statutes relating to the care of adults, including the responsibility
for instituting Court Proceedings, normally in consultation with the Head of
Legal and Democratic Services, where necessary.
10.4
To execute powers conferred by various
statutes involving financial support to people, where expenditure can be
contained within the overall Directorate budget.
10.5
To set the level of charges for the
Directorate's services in consultation with the relevant members of the
Executive.
10.6
To make appropriate payments and
disbursements to any person or agency in execution of the Council policies
subject to overall containment of the Service's agreed level of budget.
10.7
To authorise staff to execute statutory
powers, enforcements, rights of entry, etc, as necessary to conduct the affairs
of the Social Services functions, including the servicing of Notices under
various Statutes and the authorisation of Officers to act under the Mental
Health Acts.
Housing
10.8
To authorise staff to execute the
Council's statutory housing powers.
10.9
To achieve the targets set for the
Capital Programme and as set by the Executive.
10.10
To authorise appropriate officers to
sign documents relating to the Local Authority Social Housing Grant
applications and supporting papers.
Community Development
10.11
In consultation with the Head of Legal
and Democratic Services to authorise the institution of proceedings under
Bye-Laws under Section 19 of the Public Libraries and Museums Act 1964
10.12
To fix the opening and closing hours of
premises open to the public within the remit of the Service.
10.13
To negotiate and arrange public
performances and exhibitions.
10.14
After consultation with the appropriate
Chairman and the Chief Financial Officer to produce and publish appropriate
material and arrange for the sale in premises and other outlets, within the
remit of the Service of appropriate material.
10.15
To authorise the display of notices,
posters and minor exhibitions in premises within the remit of the Service.
10.16
To occasionally waive or vary such
charges as have been established by the Executive at the discretion of the
Chief Officer.
Tourism and Leisure
10.17
To manage through the Head of Tourism
Services the Tourist Information Centres.
10.18
To fix the opening and closing hours of
Tourism premises open to the public.
10.19
To negotiate and arrange public
performances and exhibitions.
10.20
After consultation with the appropriate
Member of the Executive to produce and publish appropriate material and arrange
for the sale in Tourism premises and other outlets of appropriate material.
Safer Communities
10.21 Functions
under the Anti-Social Behaviour Act 2003.
APPENDIX 3
DEVELOPMENT CONTROL COMMITTEE PROCEDURE RULES
APPENDIX 4
CODE OF PRACTICE FOR COUNCILLORS AND OFFICERS
DEALING WITH DEVELOPMENT CONTROL MATTERS
INTRODUCTION
1.
Development Control is among the most controversial and high profile
functions of the Local Authority.
Councillors need to balance their duties to individual constituents, and
to the community which they represent, with the need to objectively determine
Development Control issues in accordance with the law, and locally adopted
planning policies.
2.
The principal purpose of this guidance is to assist Officers and Members
in delivering unimpeachably high standards of Development Control decision
making. It applies equally to Elected
Members who are sitting on Development Control Committee, Members who otherwise
attend Development Control Committee and/or who have an interest as a Local
Member in issues being determined by that Committee. It also applies to Officers throughout the Local Authority.
3.
Officers need to be able to exercise their professional roles, which
involve advising applicants, Elected Members taking decisions and, also, taking
decisions themselves under the scheme of delegations.
OTHER RELEVANT CODES AND
PROTOCOLS
4.
Regulation of Members’ conduct is principally by the National Code of
Members Conduct which has been adopted by this Authority. Breaches of this code are investigated and
policed by the Standards Board for England.
5.
Local Codes of Conduct, such as this code of practice, are policed by
the Standards Committee and the Monitoring Officer.
6.
Relationships between Members and Officers are considered in detail in
the Member/Officer Protocol also forming part of this constitution.
7.
The roles of Councillors are considered in some detail in a number of
job profiles, also forming part of the constitution.
8.
Officers who are members of the Royal Town Planning Institute must
follow a code of professional conduct.
Breaches of that code may be subject to disciplinary action by the
institute.
9.
The constitution contains rules on acceptance of gifts and
hospitality. Neither Councillors nor
Officers should ever place themselves in a position of accepting hospitality
from an applicant or an objector.
DECISION
MAKING
10.
The Town and Country Planning Act 1990 establishes a plan led
system. Planning applications must be
determined by reference to the Unitary Development Plan. Each application must be decided in
accordance with the plan unless there are enough material considerations to
justify a departure from the policy.
11.
Members who are consistently unable to support national or local
planning policies will inevitably find themselves unable to take objective
decisions in relation to individual planning applications, and should not
participate in Development Control decision making.
12.
Local opposition or support for an application is not a ground for
making a decision unless that opposition or support is based on material
planning considerations.
13.
Development Control regulates the right and privileges of
individuals. There will always be a
recommendation from Officers. Only in
exceptional circumstances will Members abstain. Where a Member does wish to abstain they should explain the
reasons for doing so during their contribution to the debate.
14.
Members can only take informed, objective, decisions when they have
received and carefully read all written reports and submissions. They must also carefully listen to all
public speaking contributions and to all contributions to the debate from
Members. Therefore any Member who has
not been present throughout the whole consideration of an item must not vote.
15.
Where officers determine applications under delegated powers;
·
A record will be kept of the planning considerations taken into account;
·
Appropriate documentation will be retained indicating the Chairman of
the Committee’s and the ward member’s agreement with that delegated decision.
DECLARATION AND
REGISTRATION OF INTEREST
16.
The National Code of Members Conduct, adopted by this Authority, sets
out a regime for recording personal and prejudicial interests.
17.
A personal interest is one which affects the member more than other
voters, residents or tax payers. The
fact and nature of a personal interest must be declared and the member may stay
and participate in the debate and vote.
18.
A prejudicial interest is a personal interest which may reasonably be
taken to prevent the Member from taking an objective decision. The fact and nature of such an interest must
be declared and the Member must leave the room, not participate in debate, vote
or otherwise attempt to influence the decision.
19.
Details of the interests regime are set out in the Members Code of
Conduct elsewhere in the constitution.
LOCAL MEMBER
20.
Any Local Member who is not a member of the Development Control
Committee is entitled to attend and speak in relation to any issue with direct
impact on their electoral division.
They may not vote.
21.
Members of the Committee who are determining matters of direct relevance
to their electoral division will, by local convention, declare the fact and
nature of the impact on their electoral division as a personal interest and may
speak but will not vote on the issue.
This convention is followed in order to protect the Development Control
Committee from the perception that decisions are being taken on the basis of
local opposition or support rather than material planning consideration.
22.
This arrangement also protects against the perception that those areas
which are represented by a local member who sits on Development Control
Committee have a disproportionate influence on the planning processes.
EXECUTIVE MEMBERS
23.
The Executive Member with responsibility for planning policy will not be
appointed a Member of Development Control Committee. That Portfolio Holder is nevertheless entitled to attend the
Committee and speak on any item which raises particular planning policy issues.
24.
Other Members of the Executive may be appointed to Development Control
Committee but must always be aware that their Portfolio Holder responsibilities
may prevent them from taking (and being seen to take) objective decisions about
Development Control matters. Executive
members who do sit on Development Control Committee need to be particularly
aware of the following:
(a)
They may, in their Portfolio role, have already expressed an opinion
about the issue under discussion. Where
the decision has been prejudged in this way the Executive Member should neither
speak nor vote on the issue.
(b)
Where the Portfolio Holder has a particular perspective due to their
portfolio responsibilities, the local convention is that the Executive Member
may attend and address the Committee but will refrain from voting.
(c)
Sometimes the Portfolio Holder may still, either as Local Member or as
an ordinary Member of Development Control Committee, wish to speak and vote on
an issue which also interests them as Portfolio Holder. In order to be able to do this they must
avoid prejudging the issue before the meeting, and they must declare as a
personal interest the potential for conflict between their Portfolio Holder
interest and their role as a decision maker.
So long as the declaration of a personal interest is made they may speak
and vote.
LOBBYING
OF AND BY COUNCILLORS
25.
Development Control decisions must be taken objectively on the basis of
relevant information.
26.
Where Development Control Committee are taking the decision all, and
only, relevant information must be presented either in writing or orally to the
Committee meeting.
27.
It is perfectly proper for Elected Members to give applicants and
objectors factual information about the process but, other than this, contact
with applicants or objectors should be treated very carefully. In particular Members who wish to
participate in taking a decision must never express an unequivocal opinion
about the merits of an application.
28.
Whilst it will usually be easier for Members to avoid debating future
decisions, particularly in public forums, they may occasionally wish to do
so. When this happens they should use a
form of words such as “on the basis of the information I have at the moment I
am likely to oppose/support the application”.
Any Member who makes a stronger statement, such as “this application
will be passed over my dead body” will not be able to take part in the decision
by the Committee.
29.
Any Member who believes they are being lobbied by applicants, objectors
or other Elected Members should report the lobbying to Head of Planning
Services, who will retain a register of such reports.
30.
Members should be particularly careful not to exert pressure on an
Officer who has to make a recommendation to Development Control Committee. If any Officer believes that pressure is
being exerted upon them they should notify the Head of Planning Services and/or
Monitoring Officer immediately. In the
event that the Head of Planning Services believes that pressure is being exerted
upon his/her role, he or she should notify the Strategic Director of
Environment Services and/or the Monitoring Officer immediately.
31.
Officers will take many planning decisions under Delegated Powers. It is similarly unacceptable for those
Officers to be lobbied or subject to undue pressure.
PARISH COUNCILS
32.
The danger of prejudging an issue arises not just at public meetings but
also in Parish Council debates. Taking
part in a Parish Council debate does not prevent Councillors from decision
taking at Development Control Committee or other Members from participating in
the debate. However Parish Councils do
not have the advantage of planning advice nor complete information on any
application. Contributions by Elected
Members at Parish Councils must therefore be carefully worded to avoid evidence
of the decision having been prejudged.
33.
When a Member has participated in a public debate, at a Parish Council
or elsewhere, they should declare this as a personal interest when they speak
at Development Control Committee and should make a clear statement that they
have not prejudged the issue. Detailed
advice on this matter is set out in paragraph 17 of this Code of Practice.
WHIPPING
34.
The use of party political whips in Development Control decisions is
maladministration. Whipping must not
therefore take place. It is
inappropriate for political parties to take a view on planning applications.
35.
Individual Councillors should reach their own conclusions on planning
matters rather than follow the lead of another Councillor. However, the views of other Members of the
Committee, where they are relevant, can be one of the factors taken into
account in taking a decision.
PRE
APPLICATION DISCUSSIONS
36.
The opportunity for developers to
discuss development proposals with planning officers in advance of the submission of applications is recognised
best practice. It provides potential
developers with detailed guidance on planning policies and other material
considerations relevant to proposals.
It is preferable that Members do not take part in pre-application
discussions in order to maintain impartiality.
In certain circumstances, Members may be invited by officers to become
involved in such meetings. In no
circumstances should Members become involved in pre-application meetings
without the assistance and attendance of a planning officer.
37.
Notes of all pre-application meetings
will be taken, and agreed with the parties attending the meeting. Where appropriate, notes of pre-application
meetings will be included on subsequent application files.
38.
At the discretion of the Head of Planning Services, developers proposing the submission
of major planning applications may be offered with an opportunity to present
the outlines of their proposal to Member of the Development Control
Committee prior to formal submission.
In such circumstances, Members should recognise that the presentation is
for information only, and that the decision making process should not commence
until such time as any ensuing application is subsequently made.
DEVELOPMENT PROPOSALS SUBMITTED BY MEMBERS AND
OFFICERS, AND FOR COUNCIL DEVELOPMENT
39.
In order to
ensure that the public has full and proper confidence in the planning system,
all planning applications submitted either by Members of the Isle of Wight
Council, a member of their family, or by an officer employed in Planning
Services of the Isle of Wight Council shall be reported to the Development
Control Committee. Any planning
application submitted by an officer other than in Planning Services who has
contact with Planning Services shall also be reported to the Development
Control Committee. The Head of Planning
Services, in consultation with the Chairman of the Development Control
Committee and the Monitoring Officer, shall determine which such proposals are
reported to the Committee.
40.
All Planning
Services officers shall declare to the Head of Planning Services any interest
which they may have in any third party application (eg an application submitted
in their immediate neighbourhood or by a society or club of which they are a
member) and take no part in the determination of that application.
41.
At the
meeting of Development Control Committee to which an application submitted by a
Member of the Isle of Wight Council is reported, that Member should neither
vote nor speak on the application during the debate and should withdraw from
the meeting. The opportunity to present
a case to the Committee as part of the Public Speaking scheme (see paragraphs
50-52 of this Code) will be available.
All Members of the Council who may be considering the submission of an
application are strongly advised to employ the services of a professional agent
to avoid partiality, to ensure proper contact with officers during its
processing and to address the Committee as appropriate.
42.
Applications
made on behalf of the Council for its own development must be determined in an
identical manner to applications made by the general public and the same
planning policy considerations applied.
Decisions must be made strictly on planning merits and without regard to
any financial or other gain which may accrue to the Council if the development
were to be permitted.
In general terms, the
following types of Council development will be considered by the Development
Control Committee:
·
Proposals
which due to their scale and extent would automatically be considered by the
Development Control Committee.
·
Proposals
which involve the subsequent disposal of land or premises to a third party.
·
Proposals
which involve a significant change of use or operation of land and premises.
·
Proposals
which have attracted a significant amount of public representation.
The Head of Planning
Services and the Monitoring Officer will determine which applications fall into
the latter two categories.
TRAINING
43.
The importance of informed objective decision making in relation to
Development Control issues is so important that this Council has a policy of
training all Members taking Development Control decisions before they start to
do so. Members shall not participate
in a Development Control decision without having attended Development
Control.
44.
As well as training new Members periodic refresher and updating training
is also delivered. This training will
be undertaken either by the Head of Planning Services, Planning Officers or
external trainers as appropriate. It is
extremely important that Elected Members participate in this training. Any Member who believes they are not
sufficiently trained should not participate in Development Control decisions.
REPORTS TO DEVELOPMENT CONTROL COMMITTEE
45.
All reports will :
·
Give comprehensive details of the location and nature of the site
·
Summarise the planning history.
·
Identify relevant planning policies.
·
Evaluate all material planning considerations.
·
Assess any human rights implications.
·
Set out the representations received on the proposal.
·
Set out the Human Rights issues relevant to the proposal.
·
Set out a clear recommendation. In the case of a recommendation to
approve, appropriate conditions will be set out. In the case of a recommendation
to refuse, detailed reasons for refusal will be set out.
BRIEFING
46.
In the period between the publication of the Committee agenda and the
holding of the meeting itself, a briefing will be held for the Chairman and
Vice Chairman of Development Control Committee and the Portfolio Holder for
Planning Policy issues on the Council's Executive. The briefing will be organised by the Development Control Manager
and appropriate planning officers. An
appropriate legal officer will also be in attendance, together with the
Committee administrator.
47.
The purpose of the briefing is to:
·
Advise Members of the key points on each planning application,
·
Advise Members of the extent of public speaking at the Committee
meeting.
·
Discuss administrative issues in relation to the detailed organisation
of the meeting.
48.
The briefing should not be used by Members attending as an opportunity
to exert pressure on officers to pursue a particular course of action. Detailed guidance on this matter is set out
in paragraph 30 of this Code of Practice.
Similarly the briefing should not be used by officers to impose a
particular outcome.
CONDUCT AT MEETINGS
49.
It is important that public confidence in Development Control is
maintained. The conduct of Members at
meetings is extremely important. The
following arrangements will help:
·
Members of the Committee will sit in a designated seat marked with their
name plate.
·
A seating plan will be available for members of the public.
·
Members will speak clearly and concisely using microphones so the public
and others Members can hear what is being said.
·
The Chairman will introduce speakers by family name.
·
Mobile phones will be switched off.
·
Eating and drinking is discouraged.
·
Occasional breaks will be taken during long meetings.
·
Only exceptionally will the Chairman allow Members to speak for more
than five minutes.
PUBLIC SPEAKING
50.
In order to ensure that Committee Members have access to a full and
appropriate understanding of the often divergent comments on a planning
application, the Council operates a scheme of public speaking at Development
Control Committee.
51.
Full details of the Public Speaking scheme are set out in "Your
Chance to Speak - Public Speaking at Development Control Committee"
available in leaflet form from the Head of Planning Services. In summary, the key elements of this scheme
are as follows:
·
Public speaking is permitted on all planning applications considered by
the Development Control Committee.
·
Three groups of speakers are permitted on any application - the
applicant/agent, objectors and Parish/Town Councils. Each of these groups will have up to three minutes to present its
case. A maximum of three people can
speak for each group, with the time divided equally between them.
·
Public speaking on any application is only permitted on the first
occasion the application is considered by the Development Control Committee.
52.
Members of the Development Control Committee should give appropriate
weight to the representations made by the public in their determination of
planning applications. Comments made by
speakers exercising their right to address the Committee will, in most cases,
highlight comments already summarised in the officer report on the application. In some cases, other issues will be raised
which will not already be covered in the report. In assessing comments made during public speaking, Members must
only give weight to issues which are material planning considerations. Detailed guidance on this matter is set out
in paragraph 10 of this Code of Practice.
Where appropriate and/or necessary, the Chairman of the Committee will
request officers to comment on items raised by the public in general, and
whether or not they are material to the determination of the application in
particular.
SITE INSPECTIONS
53.
Exceptionally a visit to the site may be necessary to allow a fully
informed decision to be taken. Requests
for site inspections should be made in the context of the Protocol for
Development Control Committee Requests for Committee Site Inspections set out
at Appendix 1 to this Code of Practice.
54.
Any member of the Committee, and any Local Member attending, may propose
a site inspection. A Local Member who
is not a member of the Committee can suggest a site inspections but the
proposal must be made and seconded, by two members of the Committee entitled to
speak and vote.
55.
The names of the proposer and seconder of any site inspection will be
recorded along with the reasons given for advocating a site inspection.
56.
Site inspections by their nature can give rise to a perception of bias
or undue influence. In order to prevent
such perception, site inspections should be carried out in accordance with the
Protocol for the Organisation of Development Control Committee Site Inspections
set out at Appendix 2 to this Code of Practice.
57.
A site inspection consumes considerable resources, delays determination
of the issue, and is an imposition on owners and occupiers of the site. It is, therefore, appropriate that
officers identify sites to be inspected as part of the regular site inspections
prior to their consideration at the Committee.
COOLING OFF PERIOD
58.
Where a decision in the opinion of the Head of Planning Services is
contrary to Section 54A Town and Country Planning Act 1990 and could not be
sustained under challenge, the “cooling off” procedure adopted in September
1997 may be invoked. The effect of this action is that a
decision notice will not be issued on the application. A report to the next available meeting of
Development Control Committee will analyse the sustainability of the decision
and the possibility of precedent. This
report may include external legal or planning advice. Reasons will be given for the invoking of the cooling off period.
MINUTES/RECORDING DECISIONS
59.
Decisions by
Development Control Committee will be clearly minuted.
60.
Where a
decision against officers' recommendation is made, clear and sustainable
reasons must be set out by the Committee.
Members who are considering determining an application contrary to
officer recommendation are strongly recommended to seek professional advice
from the Development Control Manager and/or the case officer before raising the
matter at Committee. In any event, all decisions made at Committee contrary to
officer recommendation will be subject to a named vote.
61.
It is not
possible to revisit decisions after the meeting and the Chairman and those
advising and assisting them, must be confident that sufficient and
comprehensively recorded reasons for the decision have been set out before the
next agenda item is taken.
REVIEW AND MONITORING
62.
Annually, the
Development Control Committee will review a sample of Development Control decisions in order to assess their
impact. As part of this process a visit will be organised by
the Head of Planning Services and/or the Development Control Manager to a
sample of sites where developments have recently been completed.
63.
Every six
months, the Monitoring Officer and/or Head of Planning Services will report to
the Development Control Committee an analysis of:
·
All decisions which are a departure from policy.
·
All decisions which are against officers’ recommendation.
·
Site Visits.
SANCTIONS
64.
Elected
Members who act in breach of this code of practice risk one or both of the
following:
(a)
Being the
subject of a complaint about a breach of this code to the Monitoring
Officer. Where that complaint cannot be
resolved, to the satisfaction of the complainant, on an informal basis the
complaint will be investigated and referred to the Isle of Wight Council Standards
Committee.
(b)
More serious
cases, particularly breach of paragraphs 17, 18, 27, 28, 30 and 48 will be
regarded by the Isle of Wight Council as bringing the Council in to disrepute
and therefore being in breach of the Code of Members Conduct. Complaints about such a breach are referred
to, and investigated by the Standards Board for England.
65.
Breaches of
the Council Procedure Rules, particularly the Development Control Procedure
Rules, may invalidate a planning decision leaving that decision vulnerable to
challenge on appeal, through judicial review or by the ombudsman.
66.
Breaches of
Codes of Practice and Protocols are more likely to render individual Members
open to personal sanctions rather than invalidate the decision or make a
finding of maladministration more likely.
67.
Officers who
act in breach of this Code of Practice may be in breach of their contract of
employment and subject to disciplinary or capability procedures.
APPENDIX 5
PROTOCOL -
DEVELOPMENT CONTROL COMMITTEE REQUESTS FOR COMMITTEE SITE INSPECTIONS
BACKGROUND
1.
This protocol has been prepared to identify circumstances in which
either Members of Development Control Committee, or other Members of the
Council, can request for a site inspection prior to the determination of a
planning application.
2.
Requests for site inspections should only be made at the Development
Control Committee as part of the debate on any particular planning
application. There is no mechanism for
Members to request a Committee site inspection of an application which is to be
determined by officers under the provision of the delegation arrangements.
3.
Site inspections play a valuable role in the determination of planning
applications. They allow Committee Members to inspect the site first-hand and
to appreciate the issues raised by the applicant, objectors and planning
officers. Correctly used site
inspections can enhance the decision-making process, can enhance public
confidence in the development control process and can avoid any suggestion that
the Committee was making decisions on the basis of inadequate information.
4.
Committee site inspections should, however, never be used to delay the
processing of an application, to replace the need for accurate plans to be
submitted with the application, to placate local residents or directly in
response to a request from an objector taking up his or her public speaking
opportunity at the Committee meeting.
PROCEDURE FOR
REQUESTING A COMMITTEE SITE INSPECTION
5.
In making their requests for a Committee site inspection, Members should
clearly indicate the purpose to be achieved by the proposed visit.
6.
The following list is not intended to be a definitive and exclusive list
of criteria appropriate for Committee site inspections. Nevertheless, the following list of criteria
sets out the type of applications that frequently lend themselves to site
inspections by the Committee:
(a)
applications where a Committee site inspection would allow Members to
assess the impact of a proposal on the amenity of neighbouring properties where
that impact is not obvious from the application drawings.
(b)
applications where a Committee site inspection would allow Members to
assess and/or understand the comments of consultees.
(c)
applications where a Committee site inspection would allow Members to assess
the impact of the design, scale and massing of a proposal either in the local
streetscene, or in the wider environment.
OTHER INFORMATION
7.
This protocol should be read in association with the protocol on the
Organisation of Development Control Committee Site Inspections.
APPENDIX 6
PROTOCOL -
ORGANISATION OF DEVELOPMENT CONTROL COMMITTEE SITE INSPECTIONS
BACKGROUND
1.
This protocol has been prepared to establish procedures for the
organisation of Development Control Committee site inspections.
2.
This note should be read in association with the Protocol on Requests
for Development Control Committee Site Inspections.
GENERAL
PRINCIPLES
3.
A Committee site inspection plays an invaluable role in the
determination of more complex or controversial applications. Site inspections allow Committee Members to
have first-hand experience and understanding of both the application site and
the proposal. Site inspections also provide
Members with the opportunity to view particular aspects of a site, the proposal,
or the wider local environment raised at the Development Control Committee by
officers, the applicant or objectors.
4.
Committee Members should under no circumstances make decisions on
applications during the site inspection itself.
5.
Members should debate the proposal at the Committee meeting immediately
following the site inspection, and take into account both the appropriate
policies in the UDP and all other material planning considerations (both those
inspected on site and others which may not have been considered directly on the
site inspection). Planning Officers
will make the appropriate arrangements for the Committee to gain access to
sites or to address the Committee before, during or after the inspection.
PROCEDURES AT
SITE INSPECTIONS
6.
The Development Control Committee site inspection provides the
opportunity for Committee Members (including where appropriate the local Ward
Member) to be briefed by planning officers on or around an application
site. Neither members of the public
(including supporters/objectors/Parish Councillors) nor the applicant (or the
applicant's agents) are permitted to participate in the site inspection.
7.
Committee Members (including where appropriate the local ward Member)
will not debate the planning application with either members of the public or
the applicant during the course of the site inspection.
8.
Committee Members (including where appropriate the local ward Member)
will not debate the planning application with either members of the public or
the applicant in the period between the termination of the Committee site
inspection and the commencement of the Development Control Committee
immediately following the site inspections.
In the event that a site inspection takes place prior to the
consideration of the application at Development Control Committee Members will
consider their findings at the inspection with other material considerations at
the meeting.
9.
Committee Members (including where appropriate the local ward Member)
will receive a group presentation from an appropriate planning officer at the
outset of the site inspection.
10.
Committee Members (including where appropriate the local ward Member)
will be shown by an appropriate planning officer key elements of both the site
and its wider environment (as appropriate).
11.
Committee Members (including where appropriate the local ward Member)
will ask the appropriate planning officer to clarify any matters of detail at
the end of the group presentation.
12.
Committee Members (including where appropriate the local ward Member)
will remain as a single group throughout the full course of the site inspection
as set out in Points 9 to 11 (inclusive) above.
