Agenda and draft minutes

Members and officers must declare any pecuniary or personalinterest in any business on the agenda. They should also make declarations at any stage such an interest becomes apparent during the meeting. Consideration should be given to leaving the meeting if the nature of the interest warrants it. If in doubt please contact Democratic Services before the meeting.

19.1   Cllr Bradbury declared an interest in the item on Proposed Changes to the Constitution: Section P (Planning) of Part 3 (Scheme of Delegation) as Chairman of the High Weald National Landscape (Area of Outstanding Natural Beauty). Cllr Burrett declared an interest in the items on the LGPS Employer Discretions and the Update to Standing Orders re use of Common Seal as a deferred Member of the West Sussex Local Government Pension Scheme.

The Committee is asked to agree the minutes of the meeting held on 4 November 2024 (cream paper).

20.1     Resolved – That, subject to the amendment of the word ‘work’ in minute 14.3 to read ‘word’, the minutes of the meeting held on 4 November 2024 be approved as a correct record and that they be signed by the Chairman.

Report by the Director of Law and Assurance.

To consider an update on the review of the Council’s governance arrangements agreed by the Committee at its meeting in November 2024. The report sets out feedback from a self-assessment process and a range of options for the Committee to consider.

21.1     The Committee considered a report by the Director of Law and Assurance on the review of the Council’s governance arrangements as agreed by the Committee at its meeting in November 2024. The report set out feedback from members and senior officers and a range of options for the Committee to consider (copy appended to the signed minutes).

21.2     The Director of Law and Assurance commented that the review had been undertaken to seek the views of members ahead of the elections in May and to prepare for the new Council. Although the elections had been postponed, it was still useful for the Committee to consider the results of the consultation. In relation to the suggestions put forward in the report, he commented that there were three options for members:

·        Proposals which did not require any amendment to the Constitution and were in the gift of the Committee, could be agreed at the meeting

·        Proposals members might wish to endorse, but would need to be recommended to the Council in May as a change to the Constitution

·        Proposals members might wish to explore in more detail, including engagement with members via group meetings, before further consideration at the next meeting in April.

21.3     Members discussed the themed proposals set out in the table at paragraph 2.2 of the report and made the following comments and recommendations.

Report by the Director of Human Resources and Organisational Development.

The Committee is invited to consider the proposed Pay Policy Statement, as set out in the report, for recommendation to the County Council.

22.1     The Committee considered a report by the Executive Director of Human Resources and Organisational Development on the proposed Pay Policy Statement, as set out in the report, for recommendation to the County Council (copy appended to the signed minutes).

22.2     In response to a query about the deletion of the reference to consultation with the staff concerned in paragraph 6.4, the Deputy Director of Human Resources and Organisational Development confirmed that UNISON is the consultative body for that group of staff and that staff would not be consulted individually.

22.3     Resolved - That the Pay Policy Statement, as set out in Appendix 1 to the report, be endorsed for recommendation to full Council.

Report by the Assistant Director (Highways, Transport and Planning).

The Committee is asked to approve changes to the Section P (Planning) of Part 3 (Scheme of Delegation) of the Constitution to take account of changes to legislation and other factual matters, and to better reflect current practice relating to the operation of statutory land-use planning functions.

23.1     The Committee considered a report by the Assistant Director (Highways, Transport and Planning) on changes to the Section P (Planning) of Part 3 (Scheme of Delegation) of the Constitution to take account of changes to legislation and other factual matters, and to better reflect current practice relating to the operation of statutory land-use planning functions (copy appended to the signed minutes).

23.2     In response to a query the Head of Planning Services confirmed that the changes to section 82 will not result in any alterations to the types of application considered by the Planning and Rights of Way Committee. The changes are aimed at reducing the need for further updates when legislation changes and will also prevent matters having to go to the Committee when they are clearly contrary to the Development Plan.

23.3     Cllr Bradbury commented, as Chairman of the High Weald Natural Landscape, and asked whether the term ‘Area of Outstanding Natural Beauty’ could still be used as it remains in the legislation and the term with which the public are familiar.

23.4     The Executive Director of Law, Assurance and Insight advised that the terms are interchangeable. He said that it is appropriate constitutionally to refer to National Landscapes but that the term ‘Areas of Outstanding Natural Beauty’ can also be added.

23.5     The Head of Planning Services suggested that ‘(formerly known as Areas of Outstanding Beauty)’ should be added after ‘Natural Landscapes’ and this was agreed.

23.6     Resolved - That the proposed changes to Section P (Planning) of Part 3 (Scheme of Delegation) of the Constitution, as set out in Appendix 1 to the report but with the addition in minute 23.5 above, be approved.

Report by Director of Human Resources & Organisational Development.

Following a scheduled review, the Committee is asked to consider the recommended approach on discretions available to the County Council as an employer under the Local Government Pension Scheme.

24.1     Following a scheduled review, the Committee considered a report by the Director of Human Resources & Organisational Development on the recommended approach to discretions available to the County Council as an employer under the Local Government Pension Scheme (copy appended to the signed minutes).

24.2     In response to a query the Executive Director of Law, Assurance and Insight confirmed that some frequently asked questions will remain available to support the new policy. In relation to a query from Cllr Waight about whether there is any cabinet member involvement in the award of additional years on pension, the Executive Director said he would check and let him know.

24.3     Resolved - That the matters of clarity notes in section 2 be noted and the proposed Employer Discretions Policy, as set out in Appendix 1 to the report, be approved.

The Committee is asked to note an update to Standing Order 9.02 in relation to the use of the Council seal in documents and decisions of the Pension Fund as set out below. The amendment concerns the removal of the reference to consultation with the Chairman of the Pensions Committee in these transactions, as set out below.

Common Seal

9.02   Subject to Standing Order 9.03 below, the Common Seal of the County Council shall not be affixed to any document unless the sealing has been authorised:

(a)      by either:

(iii)     in the case of documents required for the exchange, purchase or sale of Pension Fund assets, securities or other matters Superannuation Fund securities, by the Director of Finance and Support Services or the Director of Law and Assurance acting in accordance with the decisions and policies of the Pensions Committee after consultation with the Chairman of the Pensions Committee; or

Contact: Tony Kershaw, Director of Law and Assurance

Background papers: None

25.1     The Committee noted an update to Standing Order 9.02 in relation to the use of the Council seal in documents and decisions of the Pension Fund as set out below. The amendment concerns the removal of the reference to consultation with the Chairman of the Pensions Committee in these transactions, as set out below.

Common Seal

9.02  Subject to Standing Order 9.03 below, the Common Seal of the County Council shall not be affixed to any document unless the sealing has been authorised:

(a)     by either:

(iii)    in the case of documents required for the exchange, purchase or sale of Pension Fund assets, securities or other matters Superannuation Fund securities, by the Director of Finance and Support Services or the Director of Law and Assurance acting in accordance with the decisions and policies of the Pensions Committee after consultation with the Chairman of the Pensions Committee; or

Report by the Director of Human Resources and Organisational Development and the Director of Law and Assurance.

The Committee is asked to consider the annual report of the Appeals Panel for 2023/24.

26.1     The Committee considered the Annual Report of the Appeals Panel for 2023/24 (copy appended to the signed minutes).

26.2     Resolved – That the Appeals Panel Annual Report 2023/24 be noted.

The next meeting of the Committee will be held at 2.15 pm on 28 April 2025 at County Hall, Chichester.

Members are invited to discuss and agree plans for the business of future meetings of the Committee. Planned agenda items include:

·        Results of any further engagement on the review of governance arrangements

27.1     Members noted that the next meeting of the Committee will be held at 2.15 pm on 28 April 2025 at County Hall, Chichester. Planned agenda items include:

·         Results of any further engagement on the review of governance arrangements