What needs to be done to enable a Council decision to be rescinded and a new vote taken?

Question

Four months ago the Town Council where I live debated proposals for a controversial supermarket development on the outskirts of town and a motion to recommend refusal was defeated with a vote of 4/5 against and 2 abstentions. There was no counter-proposal for approval but it was resolved to write to the Local Planning Authority to express concerns about the scheme.

Two months ago new evidence from the LPA became available in the form of a Retail Impact Assessment advising against approval. The Town Council was asked by one of its own Members to revisit its original decision but because of the limited time before the deternination date of the application it was decided no action could be taken.

The application determination date has subsequently been postponed by the LPA and the earliest it could return is the 7 February. In the meantime the same Member and a couple of residents renewed their requests for Town Council to revisit their decision and it was discussed at its Planning Committee on 2 January when the Chair advised that the decision could not be reversed without incurring considerable difficulties and beaurocratic procedures. It was agreed instead to draft a further letter for ratification by Full Council expressing concerns about the planning application.

Item 12a on the agenda for Full Council on 14 January states "To consider requests from Members of the Public regarding the Foodstore Application and approve the Draft Letter to County Council Strategic Planning Committee as circulated".

I note however that the Standing Orders allows the following procedure for a decsion to be revisited:

RESCISSION OF PREVIOUS RESOLUTION

32. (a) A decision (whether affirmative or negative) of the Council shall not be reversed within six months except either by a special resolution, the written notice whereof bears the names of at least five Members of the Council,  or by a resolution moved in pursuance of the report or recommendation of a committee.

(b) When a special resolution or any other resolution moved under the provision of paragraph (a) of this Order has been disposed of, no similar resolution may be moved within a further six months. 

My question is: what now needs to be done and by whom in the short time available before the next Full Council meeting on 14 January to enable the original resolution to be rescinded and a new vote taken at that meeting?

Answer 1

It should be possible to negotiate this successfully!

The agenda item for 14 January could be regarded as a resolution moved in pursuance of the report of a committee.  If that is agreed, then the previous view can be reversed by virtue of standing order 32(a).  The 14 January agenda item seems to be fairly broadly drawn, and is open to amendment to whatever conclusion can be agreed by the council.

If the "report of a committee" route is not considered appropriate, then the council can vote to suspend the relevant standing order, number 32.  This requires only a simple majority of the council, and is in the list of resolutions that can be moved without notice.  It therefore does not need to be on the agenda, but can be moved when the item comes up.

In general, only the standing orders that are derived from legislation cannot be suspended in this way.  Most people have standing orders based on the NALC model or similar, where the orders that come from the legislation are in bold.  Other standing orders can be suspended as described.