Agenda Item No. 9

 

The Vale of Glamorgan Council

 

Council Meeting: 27th September 2017

 

Report of the Monitoring Officer

 

Review of the Council's Constitution: Officer Delegations and Members' Code of Conduct

 

Purpose of the Report

1. To seek Council's approval for:

updates and amendments to the Officer Delegations for the Head of Regeneration and Planning, Operational Manager (Planning and Building Control) and Principle Planning Officers; and

 

an amendment to the Members' Code of Conduct.

Recommendations

2. That the Officer Delegations set out at section 25 of the Council's Constitution be amended in line with Appendix B attached to this report.
3. That the reference contained in the Council's Constitution at section 18, paragraph 18.3.1(b)(ii)(E) insofar as it refers to "paragraphs 18.3.1(H) (1) to (5)" be amended to read "paragraphs 18.3.1(b)(i)(I) (1) to (5)."

Reasons for the Recommendations

4. To ensure that the Council's Constitution is in line with current management arrangements for the Planning and Building Control functions of the Council, and to ensure that the Officer Delegations are consolidated and updated in light of recent changes in legislation introduced by the implementation of certain provisions of the Historic Environment (Wales) Act 2016 ('the 2016 Act') and related legislation.
5. To address a typographical error.

Background

6. The above Act and related legislation have introduced new provisions for the enforcement of unauthorised alterations to Listed Buildings.
7. In addition to this, the amendment of existing delegated authority is also sought in relation to the making of new Tree Preservation Orders and minor applications relating to the approval of non-material amendments and details submitted in compliance with planning conditions.
8. Further the suggested amendments reflect the current management arrangements for the Planning and Building Control functions of the Council.

Relevant Issues and Options

9. This report seeks Council's approval to update the Officer Delegations relating to the enforcement of unauthorised alterations to listed buildings. This update relates to the enactment of powers to issue Temporary Stop Notices to halt unauthorised works to Listed Buildings under the Planning (Listed Buildings and Conservation Areas) 2016 Act and associated legislation.
10. Authorisation is also sought to amend the existing Officer Delegations exercised by the Head of Regeneration and Planning and the Operational Manager for Planning and Building Control to allow some minor decisions to be made by the Principle Planning Officers (e.g. condition discharge and non-material amendments). This delegation is sought in order to make the determination of such matters quicker and more efficient.
11. An addition to the Officer Delegations is also proposed which relates to the rights of entry granted under the following legislation:

- Town and Country Planning Act 1990 (as amended);

- Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended); and

- Building Act 1984 (as amended).

 

Delegation is sought for the Head of Regeneration and Planning and Operational Manager for Planning and Building Control to authorise Officers of the Council to enter land in order to undertake the Planning and Building Control function.

12. Finally, the report also seeks authority to allow for the confirmation of new Tree Preservation Orders in certain circumstances.
13. A schedule of the changes proposed to the current Officer Delegations, which includes the correction of some minor errors, is attached at Appendix A. Appendix B is the intended replacement text to be inserted into section 25 of the Council's Constitution incorporating the proposed amendments.
14. The proposed amendment to section 18 of the Council's Constitution is to address a typographical error in the Members' Code of Conduct.
15. The existing Council's Constitution is available on both the Council's Member Net site http://live.staffnet.valeofglamorgan.gov.uk/MemberNet/MemberNet.aspx (access only for Elected Members and staff of the Vale of Glamorgan Council) and external website http://www.valeofglamorgan.gov.uk/en/our_council/council/constitution/constitution.aspx.

Resource Implications (Financial and Employment)

16. None as a direct result of this report.

Sustainability and Climate Change Implications

17. None as a direct result of this report, however the Planning system is operated around the principle of sustainable development and the changes proposed should ensure that this will continue.

Legal Implications (to Include Human Rights Implications)

18. The Council is required to comply with the Local Government Act 2000 and subordinate legislation in the drawing up and subsequent operation of the Constitution.

Crime and Disorder Implications

19. There are no crime and disorder implications arising and the Constitution has been updated to reflect current legislation.

Equal Opportunities Implications (to include Welsh Language issues)

20. None as a direct result of this report.

Corporate/Service Objectives

21. The Constitution is part of the framework supporting the Council's commitment to provide political leadership and active relationship and engagement.

Policy Framework and Budget

22. This is a matter for Council decision.

Consultation (including Ward Member Consultation)

23. The monitoring and amendment of the Constitution is an internal matter and, therefore, no external consultation is necessary.

Relevant Scrutiny Committee

24. Corporate Performance and Resources.

Background Papers

Council's Constitution

Contact Officer

Marcus Goldsworthy, Head of Regeneration and Planning

Officers Consulted

Operational Manager Legal Services

Operational Manager Accountancy, Financial Services

Responsible Officer:

Debbie Marles, Monitoring Officer