Agenda item

The Head of Legal and Democratic Services presented the report on the minor changes to the Constitution. He said that at the Executive meeting on 28 November 2023, the Executive agreed to the creation of an Executive Joint Committee for the Harlow and Gilston Garden Town project, along with the other four partner authorities to that project. Paragraph 2.6.3(b) of the Council’s Constitution permits the Monitoring Officer to make changes to the Constitution so as to put into effect any decision of the Council, its Committees or, as in this case, the Executive.

The Head of Legal and Democratic Services added that paragraph 2.6.5 of the Constitution said that where any such minor changes the Constitution are made, then the Monitoring Officer must notify Members of those changes at the next meeting of the Full Council and the changes were at Appendix A.

The Head of Legal and Democratic Services said a change to the Policy Framework was also being proposed as set out in paragraph 2.7 of the report, that is, to remove the words “(and Harlow and Gilston Garden Town project)” from paragraph 3.2.1 (n). In accordance with paragraph 13.2.13 of the Constitution, any changes made to the Policy Framework were reserved to Council. He said that the reference to a specific project in the policy framework was anomalous and placed East Herts out of sync with the other partnership authorities. He stressed that its removal did not take away any plan/policy/planning application decisions relating to the Harlow and Gilston Garden Town project which will be retained by East Herts Council for those areas within the district.

Councillor Crystall proposed that the recommendations in the report be supported. Councillor Goldspink seconded the proposals.

Councillor Williamson said that he had previously been involved with the review of the constitution and said it was important to keep it up to date and reflect the needs of the council. He said that he was happy to support the recommendations.

Councillor Dunlop said he did not support of the recommendations. He said that the joint committee had no mechanism for a veto other than not turning up. He said he had received multiple assurances that Officers would not ask the committee to make decisions on items that had no agreement but said this was not written into the agreement. He felt that the terms of the group needed to be renegotiated.

Councillor Goldspink said she was in favour of the recommendations and said the new joint committee would mean that they could make decisions quickly.

The Head of Legal and Democratic Services clarified that the points raised by Councillor Dunlop were about the mechanics of the committee itself. The committee was set up by the Executive at its meeting on 28 November 2023. This report was asking the Council to note the changes that had been made to the Constitution following this decision.

Councillor E Buckmaster said he understood what Councillor Dunlop was saying but the decision had been made to form the joint committee. He said that the council would need to make sure decisions were progressed in the right way. He said the councils could veto by not attending the meeting as it would need to be quorate to go ahead. He added that this committee would be held in public and said Members should reserve judgement and keep on top of its decisions to ensures they were made in the interests of residents and the council as a whole.

Councillor Estop said that she supported the set up of the joint committee but said that was not the decision that the council were being asked to make. She said that she had three concerns; firstly, she felt that it was premature to change the Constitution because the inter-authority agreement was still in progress. Secondly, she queried the wording of the change and the purpose of the committee. She said that the suggested wording sounded like a developer’s purpose not the council’s and suggested it should be changed so that the committee’s remit was to coordinate the strategies of the garden town and facilitate the infrastructure. Thirdly, she said that although the Development Management Committee would not be compromised, the council did not have its own planning policy committee.

The Head of Legal and Democratic Services said questions around the details of the joint committee would have been better addressed to the Executive at its meeting on 28 November 2023. Council were being asked to note the changes made to the Constitution.

Councillor Cox said that he had a concern about the area of East Herts that the committee would be making decisions on. He questioned who would be looking after it and restoring it.

Councillor Dumont said the joint administration had made it clear that they were a listening council and urged Members to attend the Executive meetings to ask questions and provide comments.

Councillor Crystall thanked Members for their comments. He said that there was a process for decision making in the joint committee which was based around agreement.

The motion to support the recommendation having been proposed and seconded was put to the meeting and upon a vote being taken, was declared CARRIED.

RESOLVED – That (A) the minor change to the Constitution in Appendix A be noted which is required to be made to put into effect the decision of the Executive dated 28th November 2023 which delegated authority to the Head of Legal and Democratic Services to make consequential amendments to the Constitution to facilitate the establishment of the Harlow and Gilston Garden Town Joint Committee; and

(B) the Policy Framework at paragraph 3.2.1 (n) be amended as set out in paragraph 2.7 of this report.