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NB. This scheme does not apply to meetings of overview and scrutiny committees or their sub-committees as they have their own arrangements for consulting with the public as detailed in the overview and scrutiny procedure rules, nor does it apply to meetings of the licensing sub-committee.

1. Introduction

The public has always had the right to attend meetings of the Council and its Committees and Sub-Committees to listen to the debate. However, to enhance the public’s ability to contribute to the democratic process a comprehensive Public Participation Scheme is in place. The Scheme is wide ranging and successful and has in its various forms been in operation from 1995. To allow the Scheme to operate fairly and effectively there are a few simple rules which should be followed. Set out within this note are the details of how the scheme works in practice and how the scheme is applied to Parish Councils and to the public. The procedure note has been split into the following sections:-

• General Rules Applicable to All Schemes (Para 2)
• Types of Public Participation (Para 3)

1. Petitions (Para 3(a))

2. Questions (Para 3.2(b))

3. General Comments (Para 3(c))

• Procedure for speaking at meetings of the Planning Committee or the Council when considering applications referred to it by the Planning Committee, in relation to Planning Applications (Para 4)
• Summary of Rights (Para 5)
• Administration of the Scheme (Para 6)

2. General Rules Applicable To All Schemes

(a). All requests to take part at meetings, in accordance with the Council’s Public Participation Scheme should be submitted in writing on the relevant form available from the Proper Officer or separately in writing provided that contact details and information about the nature of the question, petition or comment is included.

(b). The following written notice must be given in respect of the scheme:-

(i) For Petitions, Questions and General Comments – 10.00 on the day of the meeting for meetings commencing on or after 19.00 that day or by 10.00 on the last working day before the meeting date for meetings which commence before 19.00.

(ii) For the Planning Committee and Full Council when considering applications referred to it by the Planning Committee in relation to Planning Applications – by 15.00 two days before the meeting (for example when the meeting is held on a Wednesday the deadline would be 15.00 on the Monday).

The above deadlines do not apply in respect of urgent items placed before Committees in accordance with Section 100b(4)(b) of the Local Government Act 1972.

(iii) Length of speech – in support of petitions, questions and general comments - this will be a maximum of 3 minutes, except with the Chairman’s approval.

(iv) The scheme does not allow the speaker to enter into any debate.

(v) In all cases the Chairman will determine the order in which the petitions are presented, questions asked or comments made.

3. Types Of Public Participation (Excluding The Scheme As It Applies To The Planning Committee And To Full Council When Considering Applications Referred To It By The Planning Committee In Relation To Planning Applications

(a). Petitions

(i) (At meetings of the Executive) Must be relevant to the functions of the Executive.

(ii) (At meetings of the Council and its Committees) Must be relevant to the functions of the Council, or terms of reference of the relevant Committee or Sub-Committee.

(iii) Must be signed by at least 15 people who have an interest in the petition.

(iv) Only one person will be allowed to speak per petition.

(b). Questions

(i) Must be from residents of the Borough.

(ii) Must be relevant to the powers and duties of the Council, the Executive or terms of reference of the relevant Committee or Sub-Committee.

(iii) Must relate to an item on the Agenda.

(iv) Only one person will be allowed to speak per item on the agenda.

(c). General Comments.

(i) Must relate to an item on the Agenda.

(ii) Not normally more than two speakers will be allowed per agenda item.

4. Procedure For Speaking At Meetings Of The Planning Committee Or Full Council When Considering Applications Referred To It By The Planning Committee In Relation To Planning Applications

(a) Views to be confined to planning issues only. (An information leaflet is available from the Proper Officer which may help you to consider your comments).

(b) Questions may not be asked or requests for site visits made or speeches made in support of or against the making of Tree Preservation Orders or the taking of Enforcement Action.

(c) No more than one person will be allowed to speak in support or against an application, in addition to the Parish Council’s views.

(d) The order of speakers will normally be objector, applicant and where appropriate the Parish Council.

(e) There is no requirement to hear both sides’ views on the application.

5. Summary Of Rights

Petitions

• Members of the public and/or a duly authorised representative of a Parish Council can submit or speak to a petition at meeting of the Executive in relation to Executive functions or meetings of the Council or any Committee in relation to Council functions.

Questions

• Members of the public and/or a duly authorised representative of a Parish Council can ask a question at meetings of the Executive, in relation to Executive functions or meetings of the Council or any of its Committees or Sub-Committees in relation to functions of the Council and which relates to an item on the agenda for that meeting.

Comments

• Members of the public and/or a duly authorised representative of a Parish Council can comment on items on the Agenda for meetings of the Executive, in relation to Executive functions or meetings of the Council or any of its Committees and Sub-Committees.

Planning Applications

• Members of the public and/or a duly authorised representative of a Parish Council may address the Planning Committee or Full Council when considering Planning Applications subject to the detailed rules as described in Paragraph 4 above.

6. Administration Of The Scheme

The operation and administration of the scheme is undertaken by the Proper Officer, (Democratic Services Manager), Central Services Directorate, Civic Centre, Tannery Lane, Ashford. Telephone 01233 330564 for further details about how the Scheme operates, or for advice upon which is the most appropriate Committee or Sub-Committee to deal with your request.

Next - Appendix 3 -  Rights of Access to Meetings and Documents by Councillors