To consider the above report (Report to follow)

Council considered a number of amendments to the Council Constitution in relation to the following areas:

i.              The framework within which planning enforcement matters can be progressed. Part 6 D3 - Area and Joint Development Control Panels

ii.            The arrangements for the appointments of Strategic Directors and Deputy  Chief Officers of Services Part 8 B– Other Rules of Procedure

iii.           The Chairmanship and Quorum Part 6 D10 – Local Pension Board

Councillor Burbage advised Members that the proposal to add paragraph 9 on page 33 of the agenda was being withdrawn. All other recommendations remained.

Councillor D. Wilson, as Lead Member for Planning, explained that the proposals in relation to enforcement that would see more issues coming through to Development Control Panels. were proposed to improve transparency. The Borough Planning Manager, in consultation with the Lead Member, would be able to deal with urgent matters if necessary. Member training would take place during May 201 to allow for implementation on 1 June 2016.

Councillor Werner stated that he supported the changes relating to enforcement, particularly as issues were often not black and white. He hoped the system would be reviewed after a year or two. He asked whether ongoing cases could be referred to a Panel.

Councillor Lenton, as Chairman of the Berkshire Pension Fund Panel, explained that the government had required the creation of a Pension Board in 2015. For the Berkshire Fund, the Board comprised an Independent Chairman, three employer representatives and three scheme representatives. After a year’s operation it had been decided that there was no need for an Independent Chairman. The proposals would therefore amend the terms of reference.

Councillor Jones highlighted that a typographical error on page 32 (7c) which should read:

·         ‘Notice of dismissal to the Head of Paid Service, the Monitoring Officer, the Chief Finance Officer, Director or Deputy Chief Officer must not be given by the dismissor (subject to H6 above) until…….’

Councillor Beer commented that in his view the Pension Board was superfluous and therefore the cost of an Independent Chairman was unnecessary. He was supportive of the enforcement proposals in terms of openness and transparency, however he felt the report should have been considered by the Planning and Housing Overview and Scrutiny Panel. He suggested a two stage process would be suitable with an outline decision and then a detailed report at a later time. It would be important to ensure sufficient Members received training, including substitutes.

Members noted that the Planning Enforcement Toolkit at page 22 of the report provided details of how the proposals would be implemented.

Councillor Burbage commented that the Lead Member and officers would ensure that Panels would have all the information they needed to make a decision. If Councillor Beer wanted the issue to be discussed at Overview and Scrutiny, he could request this to the Chairman.

Councillor D. Wilson commented that ongoing enforcement cases were currently being dealt with and therefore there was no need to refer them to a Panel.

It was proposed by Councillor Burbage and seconded by Councillor D. Wilson and:

RESOLVED UNANIMOUSLY: That Council:

             i.    Approves that all notices related to the enforcement of planning control are authorised by the Area Development Control Panels, except in urgent circumstance where they would be issued by the Borough Planning Manager and reported to the Area Development Panel at the earliest available opportunity.

            ii.    Approves that the Constitution be amended as per Appendix A.

           iii.    Approves the Local Enforcement Policy as set out in Appendix B.

          iv.    Approves that the Constitution be amended as per set out in Appendix C, apart from the addition of paragraph 9 which had been withdrawn.

            v.    Approves that the Constitution be amended as set out in Appendix D.