Agenda item

To receive any requests for dispensations.

(a)       That Flintshire County Councillor and Hawarden Community Councillor Clive Carver be granted dispensation under paragraphs (a), (d) and (f) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to speak at Flintshire County Council and Hawarden Community Council Planning Committee, but leave before the debate and vote on planning application 060060 or any application which, in the opinion of the Monitoring Officer, is similar.  This allows for making verbal and written communications on the matter to officers of Flintshire County Council provided there is at least one witness when speaking to officers, thereby ensuring that there are at least three people involved in the conversation which should be minuted.  The dispensation to be granted for 12 months, ceasing on 30 June 2020;

(b)       That Hawarden Community Councillor Cheryl Carver be granted dispensation under paragraphs (a), (d) and (f) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to speak at Hawarden Community Council Planning Committee, but leave before the debate and vote on planning application 060060 or any application which, in the opinion of the Monitoring Officer, is similar.  The dispensation to be granted for 12 months, ceasing on 30 June 2020;

(c)       That Hawarden Community Councillor Joyce Angell be granted dispensation under paragraphs (a), (d) and (f) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to speak at Hawarden Community Council Planning Committee, but leave before the debate and vote on planning application 060060 or any application which, in the opinion of the Monitoring Officer, is similar.  This allows for making verbal and written communications on the matter to officers of Flintshire County Council provided there is at least one witness when speaking to officers, thereby ensuring that there are at least three people involved in the conversation which should be minuted.  The dispensation to be granted for 12 months, ceasing on 30 June 2020;

(d)       That Hawarden Community Councillor Bob Connah be granted dispensation under paragraphs (a), (d) and (f) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to speak at Hawarden Community Council Planning Committee, but leave before the debate and vote on planning application 060060 or any application which, in the opinion of the Monitoring Officer, is similar.  The dispensation to be granted for 12 months, ceasing on 30 June 2020; and

(e)       That the Dispensation application form be updated and brought into circulation.

The Chair and Monitoring Officer explained the procedure in which the applicants would be permitted to speak before being asked to leave the room, along with members of the public, to enable the Committee to determine the dispensations in closed session.

Hawarden Community Council - Planning Application 060060

The Monitoring Officer presented four dispensation requests from Hawarden Community Councillors; two of which had been updated (Councillors Clive and Cheryl Carver) and a further two received following publication of the agenda (Councillors Joyce Angell and Bob Connah).

All four requests related to a planning application on the Herbert Gladstone Recreation Ground due to be considered at a meeting of the Community Council’s Planning Committee.  As all Hawarden Community Councillors were Trustees of the Recreation Ground, they had been advised by the Monitoring Officer, through the Clerk, that this was a personal and prejudicial interest on which they would need to seek dispensation prior to the Planning Committee meeting.  The exemption provided under paragraph 12(2) of the Members’ Code of Conduct did not apply to planning applications.

The applications sought different levels of dispensation.  On Councillor Connah’s application, the Monitoring Officer could not recall the Committee having granted a right to vote on similar dispensations in the past.  He said that it was for individual Councillors to determine what level of interest to declare and whether they wished to participate when the item was considered, which could result in those meetings being inquorate.  As the local Member, Councillor Carver would have the right to speak for five minutes at the County Council’s Planning Committee if he was granted dispensation.

Councillors Clive and Cheryl Carver, who were in attendance, were invited to make representations.

Councillor Clive Carver clarified that the planning application had been submitted by Hawarden Rangers Football Club and that Councillor Cheryl Carver was wishing to speak in her capacity as Chair of the Planning Committee.  Whilst acknowledging the precedent on previous applications, he asked that if dispensation to vote was granted to Councillor Connah, that this be extended to the other three applicants who were not seeking to vote.

In response to questions, Councillor Carver advised that 17 Members currently served on the Planning Committee whose decisions would not need to be ratified by the full Community Council.  He explained the complexities of the application due to the nature of the site.

At this point, Councillor Woolley proposed the exclusion of the press and public - as provided for under the Local Government (Access to Information) Act 1985.  The Chair requested that all those in the public gallery leave the room prior to the Committee’s determinations and that they would be asked back to hear the decision.

During discussion, views were expressed on whether the needs of the remaining Hawarden Community Councillors who had not sought dispensation was a material consideration and the importance of setting a precedent.  It was agreed that the application form would be updated to reflect changes to the paragraphs under which dispensation could be given.

Councillor Woolley proposed that Councillor Angell be granted dispensation on the grounds requested, which was supported.  He proposed that Councillor Connah be granted dispensation without voting rights, which was supported.  Mr. Molyneux proposed that Councillor Cheryl Carver be granted dispensation on the grounds requested, which was supported.  Councillor Johnson proposed that Councillor Clive Carver be granted dispensation on the grounds requested, which was supported.  All dispensations were granted subject to the usual provisions on timescale and speaking with officers.

The members of the public and Councillors who had left the room were invited back into the meeting and informed of the decisions which would be confirmed in writing by the Monitoring Officer.

During the closing discussion, it was pointed out that the County Council Planning Committee late observation process could enable the Community Council to convene a special meeting to reach a decision, if needed.

RESOLVED:

(a)       That Flintshire County Councillor and Hawarden Community Councillor Clive Carver be granted dispensation under paragraphs (a), (d) and (f) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to speak at Flintshire County Council and Hawarden Community Council Planning Committee, but leave before the debate and vote on planning application 060060 or any application which, in the opinion of the Monitoring Officer, is similar.  This allows for making verbal and written communications on the matter to officers of Flintshire County Council provided there is at least one witness when speaking to officers, thereby ensuring that there are at least three people involved in the conversation which should be minuted.  The dispensation to be granted for 12 months, ceasing on 30 June 2020;

(b)       That Hawarden Community Councillor Cheryl Carver be granted dispensation under paragraphs (a), (d) and (f) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to speak at Hawarden Community Council Planning Committee, but leave before the debate and vote on planning application 060060 or any application which, in the opinion of the Monitoring Officer, is similar.  The dispensation to be granted for 12 months, ceasing on 30 June 2020;

(c)       That Hawarden Community Councillor Joyce Angell be granted dispensation under paragraphs (a), (d) and (f) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to speak at Hawarden Community Council Planning Committee, but leave before the debate and vote on planning application 060060 or any application which, in the opinion of the Monitoring Officer, is similar.  This allows for making verbal and written communications on the matter to officers of Flintshire County Council provided there is at least one witness when speaking to officers, thereby ensuring that there are at least three people involved in the conversation which should be minuted.  The dispensation to be granted for 12 months, ceasing on 30 June 2020;

(d)       That Hawarden Community Councillor Bob Connah be granted dispensation under paragraphs (a), (d) and (f) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to speak at Hawarden Community Council Planning Committee, but leave before the debate and vote on planning application 060060 or any application which, in the opinion of the Monitoring Officer, is similar.  The dispensation to be granted for 12 months, ceasing on 30 June 2020; and

(e)       That the Dispensation application form be updated and brought into circulation.