1.4     Public perception is key to ensuring confidence in decision making. As political group spokespersons are members of the Committee there is an increased risk of negative public perception of Members retaining an open mind on the matter in front of them, where it has been called in by a member of the Committee.

1.5     It is unclear as to why this provision was added into the Constitution, although it has been suggested that it dates back to the pre-2000 Committee System of governance that was in place at Maidstone Borough Council where Spokespersons were appointed to each Committee.

1.6     The Planning Committee appoints Spokespersons at its first meeting of the year from the Political Groups represented on the Planning Committee. Under the Committee’s current composition this means that members from the Independent Maidstone Group do not have a Spokesperson and are unable to exercise the call in procedure. Therefore the current arrangements are not equitable to all political parties represented on the Council.

1.7     Following a review of other District Councils, it was identified that Maidstone was unique in having this provision within its Constitution. Enquiries were sent via the Association of Democratic Services Officers to see whether any other authorities had a similar arrangement in place, and it was confirmed that none of the respondents had similar arrangements.

1.8     Compared to other District Councils, most either opened up the call-in procedure to all Council members, providing the reason for the call-in was a relevant planning consideration, or restricted the power of call-in to ward members or ward members affected by proposed development.

1.9     In order to remove this anomaly in the Constitution, it is proposed to remove the call-in powers of the Spokespersons and retain the right of Ward Members to call-in planning applications. The wording will be amended, however, to allow those ward members of affected wards to call-in applications as well.

Parish Council Call-ins

1.10 Alongside the amendment above, a further amendment is required to clarify the power of call-in for Parish Councils. Currently the Constitution states that a Planning Application can be called-in to Committee if it is ‘contrary to the written view of any Parish Council and the Parish Council has requested that the application is determined by the Planning Committee’. The current wording could be interpreted as meaning that any Parish Council is able to call in any planning application in the Borough, providing they have made an objection and requested that the application be considered by Committee. This has not happened in practice, and there is no suggestion that Parish Councils are using their call in powers inappropriately. However it is important to ensure that the call-in power of Parish Councils reflect the arrangements made for Ward Members. Therefore the amendment outlined in Appendix 1 for this section of the Terms of Reference is also proposed.

1.11 In the current the terms of reference there is a risk that a planning application is called-into Planning Committee which is based on concerns which are not planning related or relate to issues which are within the purview of the statutory consultee over which the Council has little, if any, control.  As such, discretion should be exercised in using this power and a planning application should only be called-in where, in the opinion of the Head of Planning and Development, there is a relevant planning issue which warrants consideration by the Planning Committee.  

Amendments to the Constitution

1.12 Proposed amendments to the Constitution as a result of the changes outlined above can be found in Appendix 1 to this report.

2.3     The Committee could recommend that Council could do nothing, and not make amendments to the Planning Committee’s terms of reference.