Agenda item

To receive and consider for approval the recommendation of the Audit and Governance Committee, as set out in the attached draft Part B minute. 

Council received a report which presented the recommendations of the Audit and Governance Committee from its meeting held on 3 September 2025, as contained in the reports set out in the Council agenda at items 10a, Constitutional Changes – Updated Contract Procedure Rules and Planning Committee Changes and 10b, Executive / Scrutiny Protocol for City of York Council, and found at minute 23 of September’s meeting. Councillor Jane Burton moved, and Councillor Crawshaw seconded the recommendations.

Councillor Fenton moved an amendment from the floor, relating to Item 10b, paragraph 13.1, explaining that, due to an oversight, the wording at paragraph 13.1 did not reflect the new scrutiny arrangements in relation to task and finish groups. He asked Council to accept the following wording:

“Task groups will be formed to undertake a specific scrutiny review in accordance with the powers conferred by section 21 of the Local Government Act 2001 and will include at least one member of the initiating scrutiny committee. Where possible, task groups will be politically proportionate and aim to have a quoracy membership.”

(20:23, Councillor Warters left the meeting.)

Councillor Merrett formally seconded the proposal and members voted unanimously to accept the amendment as set out above.

Members were invited to debate the Audit and Governance recommendations.

Councillor Hollyer spoke in relation to Item 10a, Planning Committee Changes, he questioned the reasons given for bringing forward the changes, stating that removing committee decisions would lead to a lack of public trust and a loss of democratic accountability. He called on members to reject the proposals and stated that it was pointless to decide delegations only for the government to impose a new set in a few months. 

Councillor Vassie also spoke in relation to Item 10a, Planning Committee Changes.  Following a point of order made by Councillor Nelson the Monitoring Officer advised members that their comments should not be defamatory and should not attack officers.  

Councillor Steward commented on Item 10b, Executive/Scrutiny Protocol for City of York Council, noting that the Conservatives were invited to be on all task and finish groups which was over and above the proportional approach referenced in the protocol. He welcomed this approach and suggested that the protocol was reworded to reflect the politically balanced approach currently taken. In relation to item 10a, he stated that the bar of 40 houses was too high, especially for rural areas, and constitutional changes should be decided cross-party. Councillor Rose raised a point of order and clarified what he had said at Audit and Governance, in relation to the Conservatives attendance at that meeting.

Councillor Pavlovic, Executive Member for Housing, Planning and Safer Communities, spoke on item 10a, stating that the administration was not acting prematurely, and that Parish Councils were consulted on applications and this would continue.  The planning process needed to be ready to respond to the increase in applications and to be able to determine the applications within the timeframe set out by the planning authority.

Councillor Fisher also commented on item 10a, he referred to the Parish Charter and raised concerns regarding the threshold of forty houses for those smaller communities. He stated that, wherever possible, Members should make planning decisions and parishes were being treated with contempt.

Following a point of order from Councillor Crawshaw, the Monitoring Officer confirmed with that there was currently no protected right for parish councillors to speak at planning committee meetings, there was no statutory requirement to consult with parish councils on planning applications and that parish councillors could contribute to the planning process either individually or on behalf of the parish council.

Councillor Hook also spoke in relation to item 10a and raised concerns regarding the loss of power due to changes in call-in powers.

Councillor Crawshaw, in relation to item 10a, noted that members on planning committee were expected to act within the legislative framework. He explained the current call-in process for planning applications, noting that members and the public were able to achieve changes if they engaged with the planning application process at an earlier stage.

Councillor Orrell also spoke on item 10a stating that applications that come to committee are regularly improved at the request of residents; residents would feel disillusioned with the democratic process should the changes be put into effect.

Councillor Nelson also commented on item 10a noting that decisions were made against a legal framework, and that call-ins should not be politicised.

Councillor Ayre also spoke on item 10a noting that most decisions made in planning were made in relation to the planning balance. He stated that he was of the belief that Parish Councils were statutory consultees.

Councillor Lomas proposed that the item was moved to a vote, this was seconded by Cllr Webb.

Councillor Jane Burton used her right to reply to restate that the recommendations had been thoroughly debated at Audit and Governance, she also noted that there was an opportunity to revisit the decision after twelve months. 

Councillors Fisher, Healey and Hook requested that a named vote be taken.

Councillor Ayre proposed to split the vote to consider items 10a and 10b separately, this was seconded by Councillor Fisher.  On being put to a vote, with 20 votes in favour, 20 votes against, and 3 abstentions, the Chair used her casting vote to vote against the motion, the motion therefore fell.

Items 10a and 10b were taken together and votes were cast as follows:

With 24 votes in favour and 20 against, it was:

Resolved:That the following be approved:

     i.        In relation to Item 10a:

a.   the amended Contract procedure Rules, at Annex 1 to the report;

b.   the changes to Planning Committees, including any associated amendments to the Scheme of Delegation, at Annex 2 of the report, with effect from 1 October 2025;

c.   the revised political balance calculations, at Annex 3 of the report; and

d.   Delegate authority to the Director of Governance to make the necessary amendments to Article 13, Appendix 1, and Appendix 8 of the Constitution to reflect the changes contained in Annex 2.

Reason:To update the Constitution in respect of legislative changes to procurement, and to ensure more efficient and effective decision-making in the planning service.

    ii.        In relation to Item 10b:

The proposed revision to Article 8 of the Council’s Constitution to incorporate the Executive / Scrutiny Protocol for City of York Council.

Reason: To strengthen the scrutiny function and to fulfil the recommendation endorsed by Council in March 2025 in relation to a refreshed Executive / Scrutiny Protocol.