Agenda item

To consider a report of the Monitoring Officer

The report considers the outstanding matters from the last meeting of the Working Party.

The Working Party is requested to recommend that the Constitution be revised to give effect to the resolutions set out below:-

·         That the Leader of the Council should make arrangements for Traffic Regulation Orders required for the purpose of amending fees to be approved by the Executive Councillor (Communities and Housing).

·         That the Code of Conduct for Councillors and Officers dealing with Planning and Development Matters attached to this report at Appendix B should be adopted by the Council Meeting.

·         That the Constitution should be revised to give effect to the description of arrangements for property transactions set out in section 6 of the report.

·         That, in the light of the Companion Guide to the Constitution attached at Appendix A, the following reports considered by the Corporate Resource and Management Scrutiny Committee are recommended for approval by the Council Meeting or the Leader of the Council as appropriate:

§  Greater Manchester Combined Authority Scrutiny Decision Making (report on Protocol with the Greater Manchester Combined Authority only)

§  Review of Stockport Council’s Scrutiny Arrangements

§  Individual Member functions

§  Review of Council Champions

§  Review of appointments to outside bodies

§  General review of the Constitution

§  Code of Conduct dealing with Planning and Development Matters

§  Financial Procedure Rules

Officer Contact: Celia Tierney on 0161 474 3230 or email: celia.tierney@stockport.gov.uk

A representative of the Monitoring Officer submitted a report (copies of which had been circulated) setting out a number of outstanding matters from the last meeting of the Working Party.

The Leader of the Council reported that he had circulated a report to Group Leaders detailing the Greater Manchester Scrutiny Working Group’s preferred option for the Greater Manchester Combined Authority (GMCA) and elected Mayor’s new scrutiny and overview structures requesting them to consults their group on the proposals and respond with their comments and views by 24 April. It was envisaged that the new GMCA and elected Mayor’s new scrutiny and overview structures would be in place in June and therefore it was suggested that no changes be made to Stockport’s Scrutiny arrangements in relation to GMCA at present.

The meeting was advised that at the Executive Meeting held on 14 March 2017 it had been resolved that in relation to the Constitutional review of Area Committees, the following be approved or recommended to the Council Meeting for approval as appropriate:-

·           the abolition of the Town Centre Committee and the adoption of the planning decision making procedures set out in paragraph 3.1.3 of the report;

·           the alteration of the definition of strategic planning applications to include Environmental Impact Assessment applications, as set out in paragraph 3.2 of the report;

·           the Ward Flexibility Fund being delegated to Area Committees, as out in paragraph 3.4 of the report;

·           that Ward and Joint Committees requested by Ward Councillors, as set out in paragraph 3.5 of the report, be established by the Council Meeting;

·           the proposals relating to Area Committees acting as ‘Trustees’ in relation to the disposal of Charitable land, as set out in paragraph 3.6 of the report and Appendix 3;

·           the proposals relating to Commuted Sums, as set out in paragraph 3.7 of the report, be approved;

·           the miscellaneous Drafting Matters, as set out in paragraph 4 of the report, with the exception of those relating to property matters;

·           the revised delegations to Area Committees, as set out in Appendix 1 to the report, but that the issue be reconsidered in twelve months’ time in the light of health and social care integration.

(2) That in relation to the Cheadle Hulme North Ward and the Cheadle Hulme South Ward being in two different area committees the Executive is of the view that the Council Meeting establish a joint ward committee to address the concerns of ward councillors.

(3) That the Council Meeting be recommended to change the name of the Marple Area Committee to the ‘Marple and High Lane Area Committee’ and the Werneth Area Committee to the ‘Bredbury, Romiley and Woodley Area Committee’.

With regard to (3) above, the decision had subsequently been ‘called in’ by Councillors Malcolm Allan, Christine Corris and Lisa Smart and at the meeting of the Corporate, Resource Management and Governance Scrutiny Committee held on 4 April 2017 it had been resolved that the Executive be requested to reconsider its previous decision in relation to the proposed changes to the names of the Werneth and Marple Area Committees and that  the Werneth and Marple Area Committees be consulted on the proposals prior to a final decision being made.

RESOLVED – (1) That the Working Party recommends that the Constitution be revised to give effect to the resolutions set out below:-

• That the Leader of the Council should make arrangements for Traffic Regulation Orders required for the purpose of amending fees to be approved by the Executive Councillor (Communities and Housing).

·         That the Code of Conduct for Councillors and Officers dealing with Planning and Development Matters attached to this report at Appendix B should be adopted by the Council Meeting, subject to in paragraph 3.2 of the Code of Conduct it being clarified that training on planning is mandatory every three years but it is recommended that Members attend the annual training.

• That the Constitution should be revised to give effect to the description of arrangements for property transactions set out in section 6 of the report, subject to:-

-Ward Members being consulted on all proposed property transactions within their Ward.

- Members continuing to receive the weekly list of Minor Property Transactions.

-where the proposed transaction is within a particular financial threshold, Officers having regard to the significance of the asset to the community.

• That, in the light of the Companion Guide to the Constitution attached at Appendix A, the following reports considered by the Corporate Resource and Management Scrutiny Committee be recommended for approval by the Council Meeting or the Leader of the Council as appropriate:

§  Area Committees, with the exception of those recommendations relating to the names of the Werneth and Marple Area Committees which shall be the subject of further consultation with those Area Committees.

§  Review of Stockport Council’s Scrutiny Arrangements

§  Individual Member functions

§  Review of Council Champions

§  Review of appointments to outside bodies

§  General review of the Constitution

§  Code of Conduct for Councillors and Officers dealing with Planning and Development Matters attached to this report at Appendix B should be adopted by the Council Meeting, subject to in paragraph 3.2 of the Code of Conduct it being clarified that training on planning is mandatory every three years but it is recommended that Members attend the annual training.

§  Financial Procedure Rules

(2) That the existing arrangements for the scrutiny of the Greater Manchester Combined Authority (GMCA) continue in place, pending a protocol being prepared by the Authority and subsequently submitted to the Council Meeting for consideration.