Agenda item

Report of the Monitoring Officer

Committee considered a report in relation to areas for review within the Council’s Constitution prior to submission to Council for adoption.

The following 5 areas had been identified for review at this meeting.

Contract Procedure Rules – Update

The Contract Procedure Rules had been reviewed and updated.

Councillor James Watson raised that where a contract had been awarded via delegated decision, the procurement process which had been carried out and the relevant documents should be published along with the delegated decision notice and this be included as part of the Contract Procedure Rules.

The Monitoring Officer requested that the exact wording and methodology for this change be left to her, so that it achieved the Member’s wishes but also fitted in with the existing rules.

Moved by Councillor James Watson and seconded by Councillor Deborah Watson

RESOLVED that (1) the update to the Contract Procedure Rules be agreed,

           (2)where a contract is awarded via delegated decision, the procurement process carried out and the results of the procurement be published along with the delegated decision notice and this be included in the Contract Procedure Rules,

(3) the Monitoring Officer arrange the exact wording and methodology for this change to ensure it fitted in with the existing rules.

(Monitoring Officer)

Councillor James Watson reaffirmed his interest as a Member on the High Hedges Committee.

Disestablishment of High Hedges Committee

Part 8 of the Anti-Social Behaviour Act 2003, gave the Council authority to deal with complaints and remedial action in respect of high hedges.  It set the procedure which must be followed and was a strictly regulated process.

There was little discretion in the assessment as calculations and formulas were used to assess whether a hedge was too high (as it had an adverse effect on a neighbour’s enjoyment of their home and/or its garden or yard) and the remedial action required.

The Council’s High Hedges Committee had been delegated this function.  

The Committee had met once recently in January 2020 and prior to this, the last meeting was in 2010 when a concessionary fee was considered.  The last complaint was heard in 2009.

At the recent meeting of the Committee, it was highlighted that the calling of a committee for this purpose was not the most efficient procedure due to the highly regulated nature of the decisions to be made.  Following the meeting, the Chair requested that officers looked in to alternative methods of dealing with high hedges complaints.

It was therefore proposed that the Committee be disestablished and that the functions, as set out below, be delegated to the Director of Environment and Enforcement:

i)        The handling of complaints and remedial action in respect of high hedges under Part 8 of the Anti-Social Behaviour Act 2003, regulations and orders made under that Act, in accordance with procedures approved by the Council.

ii)       Procedures, fees and resource allocation in respect of the implementation of Part 8 of the Anti-Social Behaviour Act 2003.

Moved by Councillor Tricia Clough and seconded by Councillor Andrew Joesbury

RESOLVED that (1) the High Hedges Committee be removed from Part 3 of the Functions Scheme in the Council’s Constitution,

(2) specific delegation be given to the Director of Environment and Enforcement in the Officer Delegation Scheme that;

i)             The handling of complaints and remedial action in respect of high hedges under Part 8 of the Anti-Social Behaviour Act 2003, regulations and orders made under that Act, in accordance with procedures approved by the Council.

ii)            procedures, fees and resource allocation in respect of the implementation of Part 8 of the Anti-Social Behaviour Act 2003.

Safety Committee

Minor housekeeping amendments had been made to the Safety Committee Terms of Reference to make reference to the HR Manager and remove reference to the Chief Executive Officer as this post had been disestablished.

Council Procedure Rules

The Council Procedure Rules had been updated to include virtual meetings in view of the current Covid 19 Pandemic.

Delegation Scheme

The delegation scheme had been updated further to the disestablishment of the Chief Executive Officer post.

Moved by Councillor James Watson and seconded by Councillor Andrew Joesbury

RESOLVED that the updates be agreed and recommended to Council for approval.

            (Governance Manager)