Agenda, decisions and minutes

Clive Carver declared personal and prejudicial interests in his two applications for

dispensation.

Nominations will be sought for a Chairman for the Committee.

That Mr. Edward Hughes be appointed Chairman of the Committee.

Nominations were sought for a Chairman for the Committee.  Mrs Phillipa Earlam nominated Mr. Edward Hughes as Chairman.  The nomination was seconded by Mr. Jonathan Duggan-Keen.

RESOLVED:

That Mr. Edward Hughes be appointed Chairman of the Committee.

Nominations will be sought for a Vice-Chairman for the Committee.

That Mr. Robert Dewey be appointed Vice-Chair of the Committee.

The Chairman sought nominations for the appointment of a Vice-Chairman.  Mr. Kenneth Molyneux nominated Mr. Robert Dewey and this was seconded by Mrs. Phillipa Earlam.

RESOLVED:

That Mr. Robert Dewey be appointed Vice-Chair of the Committee.

To confirm as a correct record the minutes of the meeting held on 7 July 2014.

That subject to the above amendments the minutes be received, approved and signed by the Chairman as a correct record.

The minutes of the meeting of the Committee held on 7 July 2014 were submitted.

Accuracy

Councillor Arnold Woolley pointed out that the references to Hawkesbury Community Council on page 1 and page 2 of the minutes should read Hawkesbury Community Centre. 

RESOLVED:

That subject to the above amendments the minutes be received, approved and signed by the Chairman as a correct record.

To consider the enclosed applications for dispensations.

(a)       That Councillor Christine Jones be granted an extension to her dispensation  relating to erection of crematorium at Northop which would now end on 2 September 2015;

(b)       That Councillor Clive Carver be granted dispensation under paragraph (f) of the Standards Committees (Grant of Dispensations) (Wales) Regulations 2001 to speak at County Council and/or other Committees relating to the Officers’ Code of Conduct but to leave the room when the vote was taken;

(c)        That Councillor Clive Carver be granted dispensation under paragraphs (d) (f) and (h) of the Standards Committees (Grant of Dispensations) (Wales) Regulations 2001 to speak to Officers, in person or by telephone, provided there was at least one witness, which would ensure there were at least three people involved in the conversation, and that the conversation be minuted.  Also, that Councillor Carver be allowed to contact Officers in writing if he wished.  If the discussions failed to resolve Councillor Carver’s concerns about the application and the grant application was either resubmitted to the Community Chest Panel or a fresh application was made, then Councillor Carver would need to submit a further request for dispensation to the Standards Committee;  and

(d)       That Councillor Veronica Gay be granted dispensation under paragraphs (f) and (h) only of the Standards Committees (Grant of Dispensations) (Wales) Regulations 2001 to correspond with Officers on the item.  Also to speak to officers  provided there is a witness which would ensure that at least three people would be present, and that the conversation was minuted.  Also that Councillor Gay be allowed to speak on the matter at any Council or committee meeting but not to vote and to withdraw from the room at the point the vote was taken 

Application for dispensation from Councillor Christine Jones to speak at Planning and Development Control Committee on an application for Crematorium  and memoria at Northop.

The Democracy and Governance Manager explained that Councillor Jones had applied to extend the duration of her dispensation relating to the erection of a crematorium  at Northop, which had been granted for a year on 2 September 2013.  He referred to the terms of the original application for dispensation which had been made by Councillor Jones and outlined the reasons for the request for an extension.  Councillor Jones was seeking dispensation to speak and vote on the item at Planning Committee under paragraph (d) and had stated that she had a personal and prejudicial interest as her son in law was an undertaker.

Mr. Robert Dewey proposed that a 12 month extension be granted to the dispensation that was due to end on 1 September 2014.  This was duly seconded and agreed by the Committee.   

Application for dispensation from Councillor Clive Carver to take part in the debate at County Council and/or other Committees relating to the Officers’ Code of Conduct

The Chief Officer (Governance) explained that Councillor Carver was seeking dispensation to speak on the item under paragraph (f).  He provided background information and referred to a review of the Officers Code of Conduct which had been undertaken by the Standards Committee and the recommendation which had subsequently been made to the Constitution Committee.  

The Chairman invited Councillor Clive Carver to outline the reasons for his request for dispensation.  Councillor Carver referred to the draft of the new Officers’ Code of Conduct which had considered removing the requirement for officers to notify the Chief Officer (Governance) of their membership of certain organisations including Freemasonry.  He  explained that he was a Freemason and was seeking dispensation to speak and take part in debate  but not to vote at County Council and/or other Committees relating to the Officers’ Code of Conduct.

At this point Councillor Carver withdrew from the room. 

The Chief Officer (Governance) responded to a query from Mr. Robert Dewey around disclosure and the Officers Code of Conduct and explained that there would be no personal impact on Councillor Carver arising from the outcome of the debate.

During discussion Councillor Arnold Woolley proposed that the request from Councillor Carver to allow him to speak on the item at County Council and other Committees be granted but that he must leave the room when the vote was taken.  This was seconded by Mr. Dewey and agreed by the Committee.

Councillor Carver was invited to re-join the meeting and the Chairman informed him of the Committee’s decision to grant his request for dispensation subject to the above condition.

Application for dispensation from Councillor Clive Carver to discuss with Officers the failed Community Chest Grant application by the Hawarden Institute.

The Democracy and Governance Manager explained that Councillor Carver was seeking dispensation under paragraphs (d) (f) and (h) to discuss the item with Officers verbally and/or  ...  view the full minutes text for item 15.

To consider the attached report of the Monitoring Officer.

That subject to the above additions and amendments the proposed

alterations to the Flintshire Planning Code of Practice be submitted to the

Planning Strategy Group for consideration.

The Democracy and Governance Manager introduced a report on the review of the Flintshire Planning Code of Practice.  He provided background information and referred to the main proposed alterations to the planning code which were detailed in the report.  He explained that the Planning Code with proposed alterations shown as tracked changes and comments showing the reason for the alterations, was appended to the report for comment by the Committee prior to consideration by the Planning Strategy Group.  

The Democracy and Governance Manager referred to the Model Planning Code which had recently been received from Peter Keith Lucas. 

Members reviewed the Flintshire Planning Code of Practice and made the following additions and changes to the proposed alterations: 

Section 2 - Role of Members

Following consideration of the Model Planning Code received from Peter Lucas it was agreed that the following new paragraph (2.3.4) be added to Section 2: 

Members should not decide or discuss how to vote on any application at any sort of political group meeting, or lobby any other Member to do so.  Political group meetings should never dictate how Members should vote on a planning issue.  

Section 3 - Training: 

Councillor Arnold Woolley expressed concerns around the  proposal in paragraph 3.4 to grant an exception, where good reason, to the requirement in paragraph 3.3 that members of the Planning and Development Control Committee (including substitute members)  attend 75% of the planning training topics.    It was also suggested that when a Member fell below the 75% limit they should be given a timeframe of  6 months to return to the 75% level.  The Democracy and Governance Manager responded to the concern raised around relaxing the 75% requirement and explained the rationale for the proposed change.  He commented that the 75% limit was an internal threshold and was one of the few instances where a minimum requirement was set.

During discussion members raised concerns around the issue of public perception and it was suggested that any exceptions to the training requirement would be viewed better if granted by the Standards Committee, which comprised co-opted members as well as elected Members, rather than the Planning Strategy Group. 

It was proposed that the wording in paragraph 3.4 be amended as follows:  “Attendance at planning training will be monitored and reported to the Planning Strategy Group.  The Standards Committee may grant an exception to the requirements of paragraph 3.3 for 6 months where there is good reason for a Member temporarily failing to meet this requirement”.  When put to the vote the proposal was carried.

Section 5 – Lobbying

The Committee agreed that the following sentence be added to the end of paragraph 5.1:  Members must pass on any lobbying correspondence they receive to the Development Manager at the earliest opportunity.

Mr. Robert Dewey sought clarification of the statement in paragraph 5.3 that “Members should declare significant contact with applicants and objectors” and queried the definition of significance as being on “more than  three occasions by the applicant or the same  ...  view the full minutes text for item 16.

To consider the attached report of the Monitoring Officer.

That the various arrangements in place to provide training to Members and co-opted members of the Council be noted.

The Democracy and Governance Manager introduced a report to provide an update on arrangements for member training.  He referred to the meetings of the Group Leaders held on 3 July 2014 and Democratic Services Committee held on 9 July 2014, where consideration was given to the need to explore ways in which low attendance at some Member development events could be addressed.  As a result of the observations and suggestions arising from both meetings the Democracy and Governance Manager had prepared a short guidance note to relevant officers to encourage attendance at Member training events.  A copy of the guidance note had been appended to the report for members’ information.

The Democracy and Governance Manager advised that all new Members of the Council received extensive induction training and in addition a Member Development programme was agreed by the Democratic Services Committee each year with each topic being offered on at least two different dates. Members who served on the Planning, Licensing, Audit or Pensions Committees were required to attend training relating to the work of such Committees.

RESOLVED:

That the various arrangements in place to provide training to Members and co-opted members of the Council be noted.

(a)       That the Forward Work Programme be agreed; and

(b)       That the items on the Annual audit of Declarations of Interest and the Annual Ombudsman’s report be included on the Forward Work

            Programme for consideration at the meeting of the Committee scheduled for 3 November 2014.

The Chief Officer (Governance) introduced the Forward Work Programme and invited members to put forward items for future consideration.  He suggested that the following items be considered at the meeting of the Committee scheduled to be held on 3 November 2014.

·         Annual audit of Declarations of Interest

·         Annual Ombudsman’s report 

            RESOLVED:

(a)       That the Forward Work Programme be agreed; and

(b)       That the items on the Annual audit of Declarations of Interest and the Annual Ombudsman’s report be included on the Forward Work

            Programme for consideration at the meeting of the Committee scheduled for 3 November 2014.

                        There were two members of the public and no members of the press in attendance.