Agenda Item No. 8
THE VALE OF GLAMORGAN COUNCIL
ANNUAL MEETING: 24TH MAY, 2017
REPORT OF THE MANAGING DIRECTOR
QUASI-JUDICIAL COMMITTEES AND OTHER BODIES: APPOINTMENT, TERMS OF REFERENCE AND MEMBERSHIP
Members are reminded of the procedure agreed at the Annual Meeting in 2015 to determine the allocation of seats across Committees (as summarised in Appendix A).
Appendix B is the calculation relating to the political balance requirement for Committees in accordance with the Local Government and Housing Act 1989. Similarly, whilst the Public Protection Licensing Committee is included, the Statutory Licensing Committee is not as it does not need to be politically balanced (although it can be and, in fact, is) as it does not constitute a Committee created under the Local Government Act 1972. Furthermore, the membership of both committees is the same and, as such, only one need count in terms of the overall political balance calculations.
Attached at Appendix C is a list of Quasi-Judicial Committees and other bodies, together with existing terms of reference.
The (amended) Terms of Reference and Membership of the Voluntary Sector Joint Liaison Committee shown reflect the changes approved by Full Council on 1st March 2017, which it was resolved would take effect from the Annual Meeting. In essence, the changes constituted a reduction in the membership of the Committee from 10 to 8 Elected Members of the Council, 7 representatives of the Voluntary Sector and 1 representative, as nominated by the Community Liaison Committee from Town and Community Councils within the Vale, to provide a link between the work of the two Committees. A number of changes were also made to the previous Terms of Reference.
As far as the Senior Management Committee is concerned, in order to assist the process in respect of joint appointments (i.e. with partner organisations), the Managing Director, in consultation with the Leader, be granted delegated powers to agree the arrangements for the involvement of the partner organisation in the decision-making process.”
In considering this report, Members are asked to pay particular regard to legislation which came into force on 5th May, 2017 governing the size and composition of Planning Committees.
The Size and Composition of Local Planning Authorities Committees (Wales) Regulations 2017 (which came into effect on 5th May 2017) bring into effect, and provide the detailed interpretation for, Section 39 of the Planning (Wales) Act 2015, so far as it relates to the size and composition of Committees discharging functions.
The Regulations require Local Authority Planning Committees in Wales to be structured and operated in accordance with the following requirements:
The Planning Committee must contain no fewer than 11 Members and no more than 21 Members, but no more than 50% of the Authority Members (rounded up to the nearest whole number).
Where Wards have more than one Elected Member, only one Member may sit on the Planning Committee, in order to allow other Ward Members to perform the representative role for local community interests.
Whilst the second bullet point above does not apply to a Local Authority that comprises solely of multiple Member Wards (due to the need to maintain political balance on the Committee), the Vale of Glamorgan Council is one of the Councils to which both of the above provisions do apply. Failure to adhere to the requirements of the Regulations would affect the validity of decisions taken by the Planning Committee. It is therefore necessary for the Regulations to be taken into account in appointing the Planning Committee. It will also be necessary for the relevant section of the Constitution to be amended to reflect the Regulations.
In addition to the above, the Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2017 also came into force on 5th May, 2017. These Regulations provide that:
Each meeting of the Planning Committee must have a quorum of 50% to make decisions.
The use of substitute Members is prohibited.
Members will note from Appendices B and C that it is proposed that the Planning Committee be reduced from 21 to 17 Members. It is also proposed that Planning Committee meetings will commence at 16.00.
(1) T H A T the Quasi-Judicial Committees and Other Bodes, together with their Terms of Reference and Membership, as set out in Appendix C to the report, be appointed for the ensuing Municipal Year.
(3) T H A T, as far as the Senior Management Committee is concerned, in order to assist the process in respect of joint appointments (i.e. with partner organisations), the Managing Director, in consultation with the Leader, be granted delegated powers to agree the arrangements for the involvement of the partner organisation in the decision-making process.
(3) T H A T Council take into account the need to comply with The Size and Composition of Local Planning Authorities Committees (Wales) Regulations 2017 in determining the size and composition of the Planning Committee, with the Monitoring Officer being given delegated authority to amend the Council’s Constitution accordingly ; meetings of the Planning Committee to commence at 16.00.
Local Government (Wales) Measure 2011
Size and Composition of Local Planning Authority Committees (Wales) Regulations 2017
Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2017.
Jeff Wyatt, (01446) 709408
Head of Regeneration and Planning
Operational Manager (Development Management)