Agenda and minutes

Minutes of meeting held on 29^th January 2015 (previously circulated).

The minutes of the previous meeting were approved as a correct record.

There were no items of urgent business..

To receive declarations by Members of interests in respect of items on this Agenda. 

Members are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 10 and in the interests of clarity and transparency, Members should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, Members are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

There were no declarations of interest.

The Committee considered a draft protocol on licensing procedure, which had been recommended for inclusion in the Council’s Constitution. 

It was noted that the protocol had been produced to assist members when dealing with business at both the Licensing Act Committee and the Licensing Regulatory Committee, and that it was hoped to be particularly helpful to new members of those committees, appointed following the elections in May 2015.

The draft protocol had been considered by the Licensing Regulatory Committee and the Licensing Act Committee at their respective meetings in November and December 2014, and referred to the Standards Committee.  The Standards Committee considered the draft protocol at its meeting on the 22^nd January 2015, and recommended it to Council Business Committee for inclusion in the Council’s constitution.

Resolved:

That the draft protocol on licensing procedure be approved for inclusion in the Council’s constitution.

Report of Monitoring Officer

The Committee considered a report of the Monitoring Officer to consider two recommendations to Council concerning Appeals Committee hearings.

It was noted that the majority of Appeals Committee business concerned objections to Tree Preservation Orders, and that the report recommended documenting the procedure for objections to Tree Preservation Orders in the Council’s constitution.

Councillor Mace, seconded by Councillor Jackson, proposed recommendation (1) as set out in the report and:

(2)    That Council be recommended to include at Part 3, Section 7 of the Constitution under “Composition of the Appeals Committee”:

‘Members of Planning and Highways Regulatory Committee must not sit on the Appeals Committee to decide formal objections to Tree Preservation Orders if they have previously considered a related planning application.’

Councillor Hamilton-Cox suggested amending the last line of (2) as follows:

“previously considered a directly related planning application”.

This was accepted as a friendly amendment by Councillor Mace and his seconder, and agreed by the Committee when a vote was taken.

Resolved:

(1)          That new procedure rules be adopted for inclusion at part 4, section 10 of the Constitution, in connection with Appeals Committee hearings which consider formal objections to Tree Preservation Orders, the procedure rules being a formalised version of the guidance developed by Democratic Services.

(2)          That Council be recommended to include, at part 3, section 7 of the constitution, under ‘Composition of the Appeals Committee’, the following text:

‘Members of Planning and Highways Regulatory Committee must not sit on the Appeals Committee to decide formal objections to Tree Preservation Orders if they have previously considered a directly related planning application.

There were no appointments to committees or changes to membership.