Agenda item

To consider a revision to the constitution.

Councillor Oliver presented a recommendation from the Governance, Audit and Performance Committee, on a proposed change to the Council’s constitution, to provide a clearer definition of “key decision”. 

Councillor Oliver said discussion at a meeting of the Committee had highlighted consideration of the figures proposed in relation to financial value of decisions.  In comparison to the benchmark figures set by other councils for the purpose of defining a key decision, the amounts proposed for the definition for this Council were higher.  However, the information from officers indicatd that the figures from other authorities had not been recently reviewed, and accordingly the Committee had been satisfied with the the figures proposed. 

The Committee had also considered whether the figure relating to land value, of £500,000, was set at the right level, but had concluded this was appropriate, as it was not possible to buy land for less.

Councillor Oliver proposed the motion, which was seconded by Councillor Jones. 

On being put to the vote, the motion was carried, with three abstentions.

RESOLVED that the Council amend the Constitution by replacing the current definition of a key decision with the definition set out below:

A "key decision" means a decision by or on behalf of the Leader or Cabinet (including decisions by officers acting under delegated powers) which meets one or more of the following conditions:

1.     The decision is likely to result in the Council incurring expenditure or making savings in excess of £100,000, subject to the following:

·         Decisions on the acquisition or disposal of land or of an interest in land will be key decisions if their value exceeds £500,000.

·         The following are not key decisions:

o   Loans or borrowing decisions made in accordance with the Treasury Management Policy.

o   Decisions relating to the engagement of staff unless falling within paragraph 4.

o   Contract awards or renewals for vehicles, plant, machinery, goods, supplies and services where budget provision has been made and the award or renewal is within budget.

o   Contract awards where the decision to let the contract has already been treated as a key decision.

2. The decision is likely to be significant in terms of its effects on communities living or working in Uttlesford.

3.  The decision relates to the adoption or revision of plans and policies which would have a significant impact on the way in which the Council carries out its statutory functions.

4.  The decision relates to consideration by the Cabinet of proposals which would have a significant impact on the provision of services to the public or on the operational management of the Council.

In considering whether a decision is likely to be significant, a decision-maker will need to consider the strategic nature of the decision and whether the outcome will have an impact, for better or worse on the amenity of the community or quality of service provided by the Council to a significant number of people living or working in the locality affected.

The meeting ended at 8.25pm.

Public Speaking

Statement of Mr Hockley

My wife and I live in front of the waste transfer station in Great Dunmow.  There has been a foul odour since the site opened; one year ago Essex County Council investigated the smell, but the problem has continued.  My wife and I want to retire, but the smell is so bad we can’t bear to be in the house during the day.  Will someone please tell us what we are supposed to do?  Do we need to working until we die?  We can’t even have visitors whilst the dump is operating.  We would appreciate someone coming to tell us what we should expect to happen in the future.