Issue - meetings

To consider the implementation of public speaking at Strategic Planning Board and Planning Committee meetings across the four merging authorities for Cheshire East and clarify the position regarding potential exceptions as set out in paragraph 7.6 of the report.   

The provision of public speaking at Planning Committee was not a legal requirement but was considered to be good practice.  As the             application of public speaking rights had not been applied consistently across the four merging authorities, the report of the Principal Planning Officer proposed the adoption of an appropriate protocol for Cheshire East Council.  

Members sought points of clarification and the following amendments to the protocol were proposed - 

§               Paragraph 1.2 final sentence to read “The time limit may be extended at the discretion of the Chairman”, with the remaining words in the sentence to be deleted

§               An explanatory note to be included at paragraph 2.4 clarifying that the issues listed were civil matters

§               Wording of the first sentence in paragraph 2.5 to read, “Speakers should be aware of the law relating to slander”.             

§               An additional paragraph to be included at 2.8 of the protocol to permit the Chairman to exercise discretion over the speaking time allowed in exceptional circumstances

§               The word ‘working’ to be included between the phrase five days in paragraph d).

§               Order of speakers in paragraphs 1.1 and 2.6 to match    

Should the Strategic Planning Board be minded to approve the amendments, it was suggested that for expediency, delegated authority should be given to the Head of Planning and Policy in consultation with the Chairman of the Committee to make the necessary changes to the protocol to enable early publication to be achieved.   

A discussion ensued regarding the length of time it was appropriate to allow ward members to speak given that there would be three Councillors representing each ward.  Different scenarios were discussed; the Strategic Planning Board favouring a 5-minute time limit initially to be reviewed in six months time.      

The Constitution of Cheshire East Council included a general provision for ten minutes public speaking and questions at the commencement of meetings, regarding general matters for which the Committee in question was responsible.  Licensing Committee has requested that these general public speaking rights should not apply at meetings considering applications.  The Board was asked whether it also wished to request that the general speaking rights should be disapplied; given the enhanced speaking rights for specific applications contained in the proposed protocol.        

RESOLVED: That

a)         The Public Speaking Protocol submitted be approved and adopted by the Strategic Planning Board and the Northern and Southern Planning Committees with effect from 1 April 2009;    

b)             Governance and Constitution Committee be requested to consider an amendment to Procedure Rule 35 of the Constitution to waive the provision for members of the public to ask questions and speak at the commencement of meetings of the Strategic Planning Board and the Planning Committees; and         

c)             Delegated authority be granted to the Head of Planning and Policy in consultation with the Chairman of the Strategic             Planning Board to make the necessary amendments to the protocol.