Committee structure

The Council will exercise functions of :

1.                  electing/appointing the Council’s Mayor and Deputy Mayor;

2.                  adopting and approving the Policy Framework and any of the policies in it, and the Budget,

3.                  subject to the urgency procedure in the Access to Information Procedure Rules, making decisions about any matter in the discharge of an executive function which is covered by the Policy Framework or the Budget, where the decision maker is minded to make it in a manner which would be contrary to the Policy Framework or contrary to/or not wholly in accordance with the Budget;

4.                  appointing the Leader;

5.                  taking decisions in respect of functions which are not the responsibility of the Executive, and which have not been delegated by the Council to Committees, officers or elsewhere;

6.                  agreeing and/or amending the terms of reference for Committees, deciding on their composition, and making appointments to them;

7.                  adopting a Scheme of Member Allowances;

8.                  changing the name of the area and conferring the title of Honorary Alderman or Freedom of the District;

9.                  confirming the appointment of the Head of Paid Service and, if appropriate, his/her dismissal;

10.              making, amending, revoking, re-enacting, adopting or enforcing byelaws and promoting or opposing the making of local legislation or personal bills;

11.              all local choice functions which the Council decides should be undertaken by itself, rather than the Cabinet;

12.              all other matters which, by law, must be reserved to Council;

13.              appointing the Council’s Monitoring Officer and Section 151 Officer and, if appropriate, approving their dismissal;

14.              adopting the Council’s Codes of Conduct for Members and Officers; and

15.              adopting the Council’s Protocol on Member/Officer Relations.

16.              adopting and changing the Constitution.  

Insofar as such functions do not fall within the responsibilities of individual Cabinet Members, the Cabinet is responsible for and accountable to the Council, where appropriate, for the following functions, recognising that certain functions discharged by officers or services within its remit fall, by virtue of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and any subsequent amendments thereto, to be discharged by the Council:

1.         consulting on, developing, monitoring and reviewing the various elements of the Council’s plans and policies;

2.         subject to consultation with the appropriate Scrutiny body or bodies, advising on Budget setting, including all other related financial matters, plans and proposals;

3.         ensuring that proper arrangements exist for the effective and efficient management of the Council’s executive affairs;

4.         ensuring that the Council prepares for the Performance Management regime and any Government initiatives dealing with such matters which have financial implications.

5.         monitoring and auditing the lawful, proper and efficient conduct of the Council’s financial affairs, including the extent to which budgets and financial policies are being and will be met, and requiring or approving any remedial action to be taken where it considers it necessary and appropriate;

6.         advising the Council where appropriate, and determining such matters as may be prescribed from time to time, under the Council’s Constitution as the responsibility of the Cabinet;

7.         approving, monitoring and reviewing any Council Corporate personnel and human resources policies;

8.         approving, monitoring and reviewing the provision of services to the  Council which are delivered by internal and/or external suppliers;

9.         overseeing, approving and co-ordinating policies on national and external communications, public and media relations and public affairs generally;

10.       overseeing relationships with, participation in and contribution to external organisations and partnerships, Local Government Association, the North West Regional Assembly or their successors or like bodies;

11.       ensuring officers exercising delegated powers on behalf of the Cabinet discharge their responsibilities efficiently and effectively;

12.       ensuring that officers discharge their responsibilities efficiently and effectively in relation to Cabinet functions;

13.       overseeing the exercise of any Council powers and duties in relation to Part 1 of the Local Government Act 2000 (Promotion of Economic, Social or Environmental Well Being etc);

14.       advising the Council on strategic matters in relation to corporate governance, community governance and community strategy;

15.       monitoring and reviewing issues relating to local working;

16.       overseeing the promotion of the Council’s image, role and relationships in the European context, particularly with the European Commission and other European institutions;

17.       preparing and approving, as appropriate, Regional  and Sub-Regional Plans and Strategies;

18.       preparing and approving major planning studies;

19.       supporting the North West Regional Assembly or any successors or like body, where appropriate, on regional policy, transportation, planning and environmental issues and related matters and any other matters of relevance to the Council and ensuring that the Council’s views are made known;

20.       promoting employment and investment in the Council’s area, including the preparation and approval of any Economic Development and Tourism Strategies;

21.       deciding such other matters as may fall to the Cabinet to determine as required by the law or as delegated to it by the Council;

22.       dealing with any executive Local Development Framework functions which are given to the Council by the Secretary of State.

23.       making decisions upon those executive functions which arise under the Cheshire (Structural Changes) Order 2008.

The Cabinet may discharge these functions itself, through a Task Group/Cabinet Sub-Committee or by delegation to an officer.  In addition, the Cabinet may appoint such advisory panels, including any member of the Council, as it considers appropriate to provide advice to it.

The Scrutiny Committees:

1.         will discharge the Council's functions under Section 21 of the Local Government Act 2000 (Overview and Scrutiny Committees);

2.         will be responsible for the Council's scrutiny function including the preparation, implementation, monitoring and review of an annual work programme for scrutiny and arrangements for the scrutiny of other public bodies particularly where required to do so by law;

3.         may establish such Review Panels, appointing the Chairman in accordance with the Council’s criteria and with such membership as it sees fit, to undertake scrutiny on a task and finish basis;

4.         may ensure the Chief Executive and Management Board discharge their responsibilities effectively and efficiently in relation to the overview and scrutiny function;

5.         will scrutinise decisions of or actions taken by the Cabinet, and offer advice or make recommendations on the matter under scrutiny once the Committee have considered the issues;

6.         may scrutinise matters coming before the Cabinet for decision and respond appropriately to the Cabinet on the matter once the Committee has considered the issues fully;

7.         will review or scrutinise decisions or actions taken in respect of any functions which are not the responsibility of the Cabinet and make reports or recommendations to the Council, or appropriate body of the Council;

8.         may refer to the Council or appropriate Committee/Sub-Committee any matter which, following scrutiny, the Committee determines should be bought to the attention of the Council or the Committee or Sub-Committee;

9.         may, if requested, offer any views or advice to the Cabinet in relation to any matter referred to the Committee for consideration;

10.       may undertake general policy or other reviews with a cross-service approach wherever possible and make reports and recommendations to the Council (or other appropriate Council body) or the Cabinet to assist in the development of future policies and strategies;

11.       may offer advice and make recommendations to the appropriate body of the Council on the development and review of policy;

12.       may, in performing its role, the Committee may consult and involve the local community and other local public, private and voluntary bodies or organisations;

13.       may review the Council’s response to its obligations in respect of the overall performance management regime and, where appropriate, to advise the Cabinet or appropriate body of the Council of its findings;

14.       may advise the Cabinet and Council, as appropriate, of the Scrutiny response to the formulation of the Council’s Budget and performance management reports;

15.       may recommend that a decision made but not yet implemented, and taken in respect of a function which is the responsibility of the Cabinet be reconsidered by the Cabinet;

16.       may scrutinise decisions after implementation to examine their effect and outcomes;

17.       may make reports or recommendations to the appropriate body of the Council in respect of any matters which affect the Council’s area or its inhabitants;

18.       may review and make recommendations in relation to matters which are not the direct responsibility of the Council but which affect the social, economic or environmental well-being of an area or the Council’s area as a whole or under any statutory requirement or Council contract, procedure or practice;

19.       will develop, maintain and monitor policies and procedures for handling complaints made against the Council and monitor on a regular basis the level and nature of complaints received and ensure that advice is formulated regarding action to be taken to address areas of concern;

20.       will monitor the level and nature of Ombudsman complaints and advise the Cabinet, Committees, Sub-Committees and Departments and Services on remedial action as appropriate;

21.       will ensure, in conjunction with the Standards and Governance and Constitution Committees, that the Council has in place appropriate mechanisms to protect organisational integrity, including the development of appropriate policies and guidance.

22.       will consider and advise the Cabinet in respect of “call-in” notices under the Council’s relevant procedures.

The Council will appoint to such Committees as it considers are needed to exercise any of its functions and take those decisions which are not the responsibility of the Cabinet.  

1. To oversee the division of the Council’s Development Management functions and workload in order to ensure timely and consistent decision-making at the most appropriate level, and to that end

(a)   to monitor the volume and type of applications determined; assessing the performance of the Development Management service, and, if appropriate

(b)   to vary the number, size and working arrangements of the Planning Committees, to appoint their membership, to vary the division of functions and delegations between the Board, the Planning Committees and the Head of Planning & Policy

(c)   to adopt working protocols and procedures: eg: protocols governing the direction of applications between the Planning Committees, public speaking rights, call-in procedure and others.

2. To exercise the Council's functions relating to town & country planning & development control, the protection of important hedgerows, the preservation of trees and the regulation of high hedges set out in the Local Authorities (Functions & Responsibilities)(England) Regulations 2000. Most of these functions are delegated to the Planning Committees and then onwards to the Head of Planning & Policy but the following are reserved to the Board

(a)   applications for Large Scale Major Development, defined from time to time by DCLG. Currently this includes

- residential developments of 200 dwellings or more, or 4 ha or more;

- 10,000 square metres or more, or 2ha. or more of retail, commercial or industrial or other floorspace.

(b)   applications for major minerals or waste development

(c)   applications requiring Environmental Impact Assessments

(d)   applications involving a significant departure from policy which a Planning Committee is minded to approve.

(e)   any other matters which have strategic implications by reason of their scale, nature or location.

(f)     any other matters referred up to it at the discretion of the Head of Planning & Policy.

3. To exercise a consultation and advisory role, commenting upon the content of proposed planning policy and upon the effectiveness of existing policies employed in development control decisions.