The Constitution and Ethics Committee of Leicestershire Council met on Thursday 10 September 2026 to discuss significant government planning reforms, proposed changes to member learning and development, and the council's roles concerning charities. The committee recommended approval of revised planning governance arrangements to align with new national legislation, supported making Code of Conduct training mandatory for all elected members, and agreed to establish a consolidated register of the council's charity-related roles.

Government Planning Reforms

The committee discussed proposed changes to the council's planning governance, delegations, and member planning code arrangements to align with new government reforms. These reforms, which come into effect on 31 October 2026, aim to streamline the planning process by delegating more decisions to officers. The national scheme presumes that Schedule 1 applications will be determined by officers, and Schedule 2 applications will also be determined by officers unless a Nominated Member (the Chair of the Development Control and Regulatory Board, or a substitute) and a Nominated Officer (the Chief Planning Officer, or a substitute) agree that referral to the Board is necessary and at least one statutory referral criterion is met.

Concerns were raised by councillors about the implications of these changes, with some expressing anger and frustration. Councillor Michael Mullaney CC noted, we don't have the infrastructure to take all these developments, yet the government's making it easier for these developments to be passed. Councillor Deborah Taylor CC highlighted the need for transparency, stating, I think with this move now for national government, I think we need a way for all members to know exactly what's going on on DCRB and what decisions are being made by officers.

The committee recommended to the County Council that revised Development Control and Regulatory Board terms of reference, officer delegations, and a Members' Planning Code of Good Practice be approved. They also endorsed guidance for the Nominated Member and Nominated Officer on applying the referral gateway. The changes aim to ensure that only applications of significant local importance are considered by the Board, with officer delegation being the default position. The revised arrangements will be submitted to the County Council for approval on 23 September 2026.

Learning and Development

The committee considered proposals to strengthen member learning and development, particularly concerning standards and ethical governance. Rosemary Whitelaw, Head of Governance and Strategy, presented a report recommending mandatory in-person Code of Conduct training for all elected members following their election. This training would cover the Members' Code of Conduct, registration and declaration of interests, social media use, the Member/Officer Relations Protocol, and the operation of the Member complaints process.

Councillor Deborah Taylor CC fully supported the move towards mandatory training, stating, I think the code of conduct training should be mandatory. And, yeah, I welcome that move forward. However, she also raised a point about transparency, asking if training documents could be published on the members' webpage. Rosemary Whitelaw agreed to publish details of mandatory training but noted that for non-mandatory training, it would not be fair to publish attendance details as not everyone could attend live sessions.

The committee supported the principle of mandatory Code of Conduct training and requested that arrangements for monitoring attendance and reporting non-completion be incorporated into the revised Member Learning and Development Strategy. Attendance records will be maintained by Democratic Services, with periodic reports to the committee to oversee completion rates.

The Council's Charity Trustee and Trustee Appointment Roles

Fiona McMillan, Chief Legal Officer and Monitoring Officer, presented a report outlining the council's various roles concerning charities, including acting as a corporate charity trustee, holding trustee, custodian trustee, or having the power to appoint trustees. The report highlighted the importance of distinguishing between these roles, as they carry different legal consequences.

The committee was informed of several current charity-related roles, including the Kibworth Beauchamp High School Foundation, the Mary Smith Scholarship Fund, and the Hinckley John Cleveland Prize and Scholarship Fund. The report noted that for the Mary Smith Scholarship Fund, the governance position requires regularisation, and for the Hinckley John Cleveland Funds, a potential transfer route is being explored.

Councillor Dr. John Bloxham CC inquired about the council's approach to rationalising these roles, asking, are we actively looking, though, in general terms, at maybe rationalising them, and are there charities out there that kind of act as umbrellas that we could sort of offloads the wrong word, but, you know, people who are more specialised and have the resources for those? The Monitoring Officer confirmed that the council has been actively working to rationalise these roles over the past few years.

The committee agreed to support the creation and maintenance of a consolidated register of the council's charity-related roles. This register will help clarify the council's responsibilities and identify any required actions, ensuring that charitable assets are properly recorded, protected, and used only for their intended purposes. Future reports will clearly distinguish the capacity in which the council is acting in relation to charitable matters.

The next meeting of the Constitution and Ethics Committee was scheduled for 19 November 2026.