Agenda item

For Council to consider changes to the constitution as outlined in the report.

Members considered the Constitutional Amendments Report presented by Councillor Boden.

Members made comments, asked questions and received responses as follows:

1.    Councillor Mrs French said she welcomed this report. The alignment of days for Motions on Notice should have been brought in years ago when she first pointed it out.  She also agreed with all other aspects of the report.

2.    Councillor Sutton said he supported the report albeit he feels there should be some clarification; under the previous administration both he and Councillor Mrs Laws thought it undemocratic that the six or more separate sources were deemed as separate households by officers.  For example, Councillor Sutton may have a different opinion to a planning application than his wife and so he is sure that we asked back then that those separate sources be individuals and not households. He would therefore suggest that this report interpret this to clarify matters that individuals from a household have an equal right to submit their own opinion. If it must be separate households then let us clarify that also. He would like that issue clarified certainly before voting on this item, he believes he has given wrong advice to members of the public before now not realising that officers interpreted the rule of six differently, and he would be interested to see what Councillor Mrs Laws thinks.

3.    Councillor Booth said he supports most of the changes in the report and he believes he suggested the amendment to the constitution when it was reviewed a couple of years ago regarding minor applications about it being the ward or adjacent ward. He thought that it was left that anyone from across Fenland could comment on major applications because as councillors we do not just represent our wards, but we have the interests of the whole district at heart.  He would therefore like to amend the point regarding major applications to say if they are received from within the Fenland District Council area. 

4.    Councillor Mrs Laws agreed with Councillor Sutton that at the time they believed everyone had the democratic right to submit their own views and their opinion counted and went towards six letters of objection or support. It is right that there is the need for clarification, but her understanding is that moving forward individuals in each household in the ward or adjacent ward would be counted as responses. Secondly, in respect of major developments she would disagree and think that major applications have more impact on ward and adjacent wards and yes they may be of interest to people in the wider Fenland area but will not have the same impact as on more local people therefore she would like to retain and be consistent with the minor and major applications that we just go for any views submitted on the ward or adjacent wards.

5.    Councillor Sutton said he is pleased that Councillor Mrs Laws still agrees with him therefore he would propose that the document be amended and at bullet point 3 on page 182 of the report the word 'sources' should be deleted and replaced with 'electors' for clarity.

6.    Councillor Boden said he would suggest that this is not the best way of moving forward. He would be unhappy about restricting the right to 'electors' as someone may not be on the electoral register or under the age of 18. Organisations are also entitled to submit a representation; therefore, he feels the term 'sources' is most suitable and should stay in the constitution. However, he would suggest that interested members take this matter up with planning officers to ensure that planning officers are now in agreement with the definitions made by Councillor Sutton and Councillor Mrs Laws so there is no doubt on the interpretation in future.

7.    Councillor Miscandlon suggested the words 'individuals or organisations' be used instead of 'sources’.  Councillor Boden agreed that this would be a suitable replacement. Councillor Mrs Laws suggested 'individuals, groups or organisations'. Councillor Booth said this change would also therefore have to be made to minor applications under the constitution. Councillor Boden agreed the additional proposal that the word 'sources' be changed to 'individuals, groups or organisations' in the context of all references in the constitution to minor and major applications.

Proposed by Councillor Boden, seconded by Councillor Mrs French it was decided that Council AGREE the constitutional changes as set out in Appendix A and to delegate to the Monitoring Officer to update the master copy of the Constitution.