Agenda item

At this point in the meeting, Councillor Crystall proposed, and Councillor Deering seconded, a motion that the meeting would continue beyond 10 pm and until the remaining business of the agenda had been determined. After being put to the meeting and a vote taken, the motion was declared CARRIED.

RESOLVED – that the meeting would continue beyond 10 pm and until the remaining business of the agenda had been determined.

The Head of Legal and Democratic Services introduced the Review of the Constitution. He said that the constitution was kept under regular review to ensure that it was up to date and fit for purpose. As a result of a recent review by officers, a number of changes were proposed, some as a result of legislative changes and other more minor ones in relation to planning.

The Head of Legal and Democratic Services said that Members may be aware that the new Procurement Act 2023 came into force on 24 February 2025 which required the procurement team to undertake a root and branch review of the Contract Procurement Rules at Section 9 of the Constitution. The new CPR had been designed to ensure that the Council was compliant with UK legislation, followed best practice and achieved value for money in all its procurement activities.

The Head of Legal and Democratic Services said that in addition to the changes to the CPR, the planning related sections were also reviewed and these changes fell into three areas relating to master planning, speaking arrangements at DMC and minor clarifications/updates to the delegations. In terms of master planning, Members will note that the report explains that since the adoption of the District Plan in 2018 the majority of masterplans for allocated sites have followed the Council’s approach and been endorsed. For those sites that were coming forward on a speculative basis or where the outline planning permission has been granted, master planning is dealt with via a discharge of condition. This usually means they have to be dealt with within a certain period of time.  If not, deemed discharge is assumed.

The Head of Legal and Democratic Services clarified that there were circumstances where an exemption may apply to these timescales such as development that falls within Environmental Impact Assessment, but this did not change the proposed changes which provide flexibility to deal with different circumstances.

Councillor Copley proposed that the recommendation in the report be supported. Councillor Nicholls seconded the proposal.

Councillor Copley said that she sat on the Member Constitution Review Group and said that the procurement changes were a straightforward response to new legislation. She said that she also sat on DMC and thought the change to the speaking arrangements made sense as members could now ask speakers on points of clarification.

Councillor Williamson said he also sat on the review group and thanked officers for their work in preparing the amendments.

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 the updates and consequential amendments to the Constitution identified in the attached appendices be approved.