Agenda Item No. 8

 

THE VALE OF GLAMORGAN COUNCIL

 

ANNUAL MEETING: 9TH MAY, 2018

 

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.    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.   

 

In considering this report, Members are reminded of the need 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.  .

 

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.

RECOMMENDATIONS

 

(1)       T H A T the Quasi-Judicial Committees and Other Bodies, together with their Terms of Reference and Membership, as set out in Appendix C to the report, be appointed for the ensuing Municipal Year.

 

(2)       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.

 

Background Papers

 

Council Constitution

Local Government (Wales) Measure 2011

Size and Composition of Local Planning Authority Committees (Wales) Regulations 2017

Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2017.

 

Contact Officer

 

Jeff Wyatt, (01446) 709408

 

Officers Consulted

 

Managing Director

Monitoring Officer

 

Responsible Officer

 

Rob Thomas, Managing Director