Agenda item

Councillor Richard Eddy noted that Councillor Tom Hathway wished to request that the Committee suspend Standing Order Number 12.1 (set out below) to allow for consideration of the threat of Judicial Review in respect of the Committee’s decision to approve Planning Application Number 22/03924/P Broadwalk Shopping Centre Broad Walk Bristol BS4 2QU on Wednesday 5th July 2023.

CMR12.1

Motion to rescind a previous decision

A motion to rescind a decision (made at a meeting of a committee within the

past six months) cannot be moved unless:

(a) written notice of the motion has been supplied to the proper officer

before the rising of the meeting of the committee at which the original

motion has been passed; and

(b) oral notice has been given to the chair during the meeting of the

committee at which the original motion was passed (and then placed

in writing to the proper officer within fifteen minutes of the end of the

rising of that committee meeting).

Notice required 15 minutes

Councillor Hathway drew members’ attention to the discussion of this issue at the recent meeting of Full Council on Tuesday 12th December 2023 and requested that the standing order be suspended to allow discussion of what action to take on this matter.

Councillor Richard Eddy in his capacity as Chair indicated that he did not believe it was appropriate for this issue to be discussed at this meeting without a formal report and advance notice of the matter. He stated that a more appropriate course of action would be for it to be discussed at the future informal meeting of Development Control Lead Spokespersons.

Councillor Ed Plowden then moved, seconded by Councillor Fi Hance that “Standing Order 12.1 be suspended and the meeting adjourned to allow the Party Group Spokespersons to discuss this further”.

Following further discussion, the Democratic Services Officer explained the rules which govern Standing Orders 12.1 concerning rescinding of previous decisions and Standing Order 18.1 which allows the committee to suspend Standing Orders.

The Democratic Services Manager pointed out to the Committee that it would be unprecedented to debate an item concerning a Planning Application which was not on the agenda and without a formal report. The Committee was advised that these types of matters would normally be raised through Spokespersons and discussed via an informal Development Control meeting (usually the Development Control Spokespersons Leads Meeting which existed to consider such issues).

The Committee was further advised that, if they wished to rescind a previous decision already made without a supporting report, this would not be considered sound governance and could be perceived as amounting to procedural impropriety and result in possible further challenge by Judicial Review.

Therefore, the advice of the Proper Officer was that this issue should be dealt with once the meeting has closed and discussed between Spokespersons and other relevant parties.

The Committee indicated that whether or not the motion to suspend Standing Orders was successful, this matter should be referred to the informal meeting of Development Control Lead Spokespersons.

Upon being put to the vote, Councillor Plowden’s motion was LOST (1 for, 5 against, 3 abstentions – Councillor Plowden did not give a vote but in accordance with convention this is recorded as an abstention).

Therefore, the Committee noted that the matter should be referred to the informal meeting of Development Control Lead Spokespersons for further consideration. ACTION: Chief Planning Officer to add to the agenda for a future meeting of the DC Lead Spokespersons.