Agenda and draft minutes

Council - Tuesday 21 July 2020 2.00 pm

Venue: Virtually

Contact: Democratic Services  Email:  democraticservices@chichester.gov.uk

Link: To listen to the live broadcast recording please follow the link which will direct you to the live broadcasting webpage

Items
No. Item

1.

Minutes pdf icon PDF 109 KB

The Council is requested to approve as a correct record the minutes of the meeting held on 19 May 2020.

Minutes:

RESOLVED

 

That the minutes of the Annual Council meeting held on 19 May 2020 be approved.

 

2.

Urgent Items

The Chair will announce any urgent items which due to special circumstances are to be dealt with under Late Items.

Minutes:

The Chair confirmed that she would be accepting no late items.

 

3.

Declarations of Interests

Members and officers are reminded to make any declarations of disclosable pecuniary, personal and/or prejudicial interests they may have in respect of matters on the agenda for this meeting.

Minutes:

The following declarations of personal interest were made in respect of agenda item 8:

 

·         Cllr Apel as a Chichester District Council (CDC) appointed trustee of Pallant House Gallery

·         Cllr Oakley as a member of West Sussex County Council and Tangmere Parish Council

·         Cllr Bangert as a trustee of Tuppenny Barn

·         Cllr Purnell as a member of West Sussex County Council

·         Cllr Plowman as Chairman of the Neighbourhood Plan Steering Group

·         Cllr Duncton as a member of West Sussex County Council

·         Cllr Donna Johnson as a member of Selsey Town Council

·         Cllr Kate O’Kelly as a member of West Sussex County Council

·         Cllr Francis Hobbs as a CDC appointed member of Visit Chichester

4.

Chairman's Announcements

Apologies for absence will be notified at this point.

 

The Chair will make any specific announcements.

Minutes:

Apologies were received from Cllr Bowden and Cllr Sutton.

5.

Public Question Time pdf icon PDF 51 KB

In accordance with Chichester District Council’s scheme for public question time as amended by Full Council on 24 September 2019 the Council will receive any questions which have been submitted by members of the public in writing by noon two working days before the meeting. Each questioner will be given up to three minutes to ask their question. The total time allocated for public question time is 15 minutes subject to the Chair’s discretion to extend that period.

Minutes:

The following public questions were read by Mr Dicker:

 

On the 3rd March 2020 I raised a point of order and this has not been minuted.  My point of order is that you the council voted on the 24th September 2019 on the plan for the delivery of the local plan.  This included public consultation at the end of March 2020.  This was the "will of the council" You have never voted to delay "the will of the council".  Your own monitoring officer stated and I quote:

 

"Cabinet cannot work to undermine Council decisions, and must be what is Wednesbury reasonable".  Have they been I will let you councillors decide.

 

Councillor Lintill told us that the local plan timetable was to be reviewed following Government advice.

 

Q1.  I have asked under FOI for the Government advice.  The disclosure copied to councillors and the press has no government advice but a report from local government consultants stating that, and again I quote:

 

"It is clear that the programme of work required to be completed before submission is extensive, and a number of key tasks are yet to be completed and in some case programmed for completion".  

 

Who is responsible for the abject failure of the local plan work?  Where is the so called Government advice quoted by Councillor Lintill and why has it not been made available under FOI.

 

Q2.   Where is the revised timetable (not on your website) and when will the revised plan come for public consultation and when will the decision on the SDNP unmet housing need be made by this council.  Especially in light of the failure of the previous plan what is your confidence in any new proposed dates being met?

 

Q3.    DPIP is an untransparent decision making body.  On 18th March 2020 the minutes should have been disclosed under FOI.  The ICO stated that due to covid reasonable delays can be expected.  Is 4 months reasonable and when will I see the minutes.  What have DPIP and CDC got to hide.

 

I ask again who is failing you as councillors on the local plan.  We the public have no faith or confidence in your executive or officers ability to plan let alone deliver against a plan in what is now a critical function to prevent random unchecked housing development.  I hope the press are taking note.

 

Cllr Taylor responded as follows:

 

Thank you for your questions.

 

 In response to your 1st question I would say:

 

Following the meeting last year with the Minister for Local Government and Homelessness, Council officers met with officials from the Ministry for Housing, Communities and Local Government (MHCLG) and the Planning Advisory Service (PAS).  To clarify, the PAS is part of the Local Government Association but is funded by a grant from MHCLG to provide advice to councils on planning matters. PAS is therefore the appropriate body to provide advice to Councils on progressing Local Plans to ensure they are capable of being found sound at  ...  view the full minutes text for item 5.

6.

Supporting Leisure Centres

The material relevant to this item can be found on pages 11-13 of the Cabinet agenda pack for 2 June 2020.

 

The following recommendation was made to Council:

 

That any further extension of  support during the closure and recovery phase, up to a maximum of the current monthly amount be delegated to the Director of Growth and Place in consultation with the Leader, the Cabinet Member for Community Services and Culture and the Chairman of the Overview and Scrutiny Committee for a period up to three months.

Minutes:

Cllr Briscoe was invited to introduce the report.

 

Cllr Briscoe then moved the recommendation which was seconded by Cllr Lintill.

 

Cllr Hughes proposed that a progress report be presented to Overview and Scrutiny Committee (OSC) in November. This was seconded by Cllr Sharp. Cllr Lintill explained that it would not be necessary as the part II item later on the agenda confirms that a report will be presented to OSC. Cllr Hughes then confirmed that he would withdraw his proposal if the point could be noted in the minutes.

 

Cllr Brown requested that any spare capacity at the Leisure Centres be considered for free referrals from the council’s social prescribers.

 

Members voted on the officer recommendation which was carried.

 

RESOLVED

 

That any further extension of support during the closure and recovery phase, up to a maximum of the current monthly amount be delegated to the Director of Growth and Place in consultation with the Leader, the Cabinet Member for Community Services and Culture and the Chair of the Overview and Scrutiny Committee for a period up to three months.

7.

Financial Impact of Covid-19

The material relevant to this item can be found on pages 5-13 of the Cabinet agenda pack for 7 July 2020.

 

The following recommendations were made to Council:

 

                      I.         That the minimum level of reserves be reduced to £4m.

                    II.         That up to £8,070,000 be released from reserves to address the in-year impact of the pandemic.

                   III.         That the Council should work towards achieving a balanced budget over the next 5 years, using reserves in the intervening years to help balance the budget.

                  IV.         That officers continue to pursue income generating initiatives, where there is a sufficiently robust business case, as part of the recovery process.

Minutes:

Cllr Wilding was invited to introduce the item.

 

Cllr Wilding moved the recommendations which were seconded by Cllr Lintill.

 

Cllr O’Kelly proposed an amendment to recommendation 1v to read:

 

The Council should prioritise the identification and development of new income generation ideas.

 

The proposal was seconded by Cllr Brown.

 

A number of members supported the amendment which reverted the recommendation back to that made by the Corporate Governance and Audit Committee. Some members also discussed striking the right balance between generating income and maintaining reserves.

 

In response to a request for clarification Mrs Hotchkiss confirmed that Chichester Festival Theatre receives £187,000 per annum in its current funding agreement with the council and Pallant House Gallery receives £130,000 per annum. Both agreements currently run until 2022.

 

Members voted on the amendment put forward by Cllr O’Kelly which was not carried.

 

Members then voted on the officers recommendations which were carried.

 

RESOLVED

 

1.            That the minimum level of reserves be reduced to £4m.

2.            That up to £8,070,000 be released from reserves to address the in year impact of the pandemic.

3.            That the Council should work towards achieving a balanced budget over the next 5 years, using reserves in the intervening years to help balance the budget.

4.            That officers continue to pursue income generating initiatives, where there is a sufficiently robust business case, as part of the recovery process.

8.

Covid 19 Recovery Plan and future services framework pdf icon PDF 94 KB

Members are requested to consider the report and appendices included in the agenda pack and make the following resolutions:

 

 That Council:

 

(a)  Approves the Covid 19 Recovery Action Plans for the four thematic areas as set out in appendices 1-4;

 

(b)  Approves the Future Services Framework as set out in appendix 5;

 

(c)    Approves the following policy options:

 

(i)           to forego the Homefinder’s fee at a cost of £20k pa;

 

(ii)          to contribute £20k towards an economic impact study for Novium, CFT and PHG. To be funded from reserves;

 

(iii)        to increase the current level of support for Visit Chichester by £100k per year in years 2020/21, 2021/22 & 2022/23  and provide new support of £130k per year in 2023/24 & 2024/25, and that delegated powers is given to the Director for Growth and Place to approve a new Service Level Agreement with Visit Chichester following consultation with the Cabinet Member for Communities and Cabinet Member for Growth, Place and Regeneration;

 

(iv)        to create a new grants fund of £500k. To include £250k for a Community Recovery Grants Fund and £250k for an Economic Recovery Grants Fund, and that delegated powers are given to the Director of Housing & Communities and the Director of Growth and Place to approve criteria for the grants following consultation with the Cabinet Member for Communities and Cabinet Member for Growth, Place and Regeneration respectively. To be funded by reducing the sum allocated for parish NHB grants by an equivalent amount.

Additional documents:

Minutes:

(Please note that the full debate for this item can be viewed on the webcast which has been published here http://chichester.nucast.live/)

 

The Chair drew members’ attention to a correction to the numbering of the report. On page 12 of the agenda pack the section entitled ‘Alternatives Considered’ should be number 7, ‘Resource and Legal Implications’ number 8, ‘Consultation’ number 9, ‘Community Impact and Corporate Risks’ number 10, ‘Other Implications’ number 11, ‘Appendices ‘number 12’ and ‘Background Papers’ number 13.

 

Cllr Lintill was then invited to introduce the report.

 

Cllr Lintill moved the recommendations which were seconded by Cllr Taylor.

 

A number of members requested information on how the recovery teams would be made up as some members had already been approached. Cllr Lintill confirmed that the memberships had not been decided. She added that the timings of the meetings would be decided by the Cabinet member/s, Directors and Advisors. The meetings would not be formally minuted as these are informal groups and oversight of the recovery plans lay with Overview and Scrutiny Committee and Cabinet. A number of members requested feedback to the wider membership.

 

With regard to a request for smaller registered charities to be included in the grants funding Cllr Briscoe explained that the criteria for inclusion is currently being drawn up by officers but would include smaller local charities.

 

Cllr Moss suggested the inclusion of Fishbourne Roman Palace, the Oxmarket and the Weald and Downland Museum in the economic impact study for the Novium, Chichester Festival Theatre and Pallant House Gallery. Cllr O’Kelly then proposed the suggestion which was seconded by Cllr Moss. Both Mrs Hotchkiss and Mr Bennett explained that the recommendation would have to be worded as such to take account of consulting with the additional organisations to see if they wished to be included. Mrs Shepherd also clarified that the proposal is for the cost of the study to be split into thirds equally between the parties involved. 

 

Cllr Tim Johnson then put forward the following amendment which was seconded by Cllr Donna Johnson:

 

Council recommend that Cabinet consider enhancing their decisions of 07 July and approve the formation of a separate Peninsula Recovery Group at their next meeting.

 

Some members did not support the recommendation as some parishes on the Peninsula did not support the proposal, thought it was a duplication of work if the Group were formed and also the implication for other areas of the district where an additional Group is not set up.

 

In support of the recommendation some members discussed that the Group reflects the needs of the residents now and would address the particular needs of the peninsula.

 

In a vote the amendment was not carried.

 

Cllr Plowman then put forward the following amendment which was seconded by Cllr Hughes:

 

That the Chichester Neighbourhood Plan City Centre Task Force be included as a Partner Organisation for the Economic Recovery Action plans. (Pages 32, 33).

 

Some members did not support the recommendation and discussed the inclusion of  ...  view the full minutes text for item 8.

9.

Co-option of Cllr Tim Johnson to the Overview and Scrutiny Committee

At its meeting on 30 June 2020 the Overview and Scrutiny Committee resolved to recommend to Full Council that Cllr Tim Johnson be co-opted to the Overview and Scrutiny Committee in a non-voting capacity for the remainder of the 2020/21 Committee Cycle.

 

The Council is therefore requested to vote on the recommendation.

Minutes:

Cllr Moss was invited to introduce the item.He confirmed that the Committee were in support of the recommendation.

 

Cllr Moss moved the recommendation which was seconded by Cllr Apel.

 

Members voted on the Overview and Scrutiny Committee recommendation which was carried.

 

RESOLVED

 

That Council agrees for Cllr Tim Johnson to be co-opted to the Overview and Scrutiny Committee in a non-voting capacity for the remainder of the 2020/21Committee Cycle.

10.

Overview and Scrutiny Committee 2019-20 Annual Report pdf icon PDF 138 KB

At its meeting on 30 June 2020 the Overview and Scrutiny Committee resolved to recommend to Full Council that the Overview and Scrutiny Committee 2019-20 Annual Report be noted.

 

The Council is therefore requested to vote on the recommendation.

Minutes:

The Chair explained that there were some minor amendments to the report. On page 92 the Community Task and Finish Group findings were reported back to the July 2020 meeting and on page 93 the Corporate Plan Task and Finish was not cancelled, it went ahead.

 

Cllr Moss was invited to introduce the report. He also took the opportunity to thank Mr Hyland, Mrs Bushby, Mrs Rudziak and Miss Davis for their help and support.

 

The Chair then noted the report on behalf of the Council.

11.

Motions Procedure pdf icon PDF 65 KB

The Council is requested to consider the revised motions procedure as detailed in the agenda pack and make the following resolutions:

 

1)    That Council adopt the motions procedure and that the Constitution be amended accordingly.

2)    That the Monitoring Officer be directed to prepare guidance on the application of the motions procedure for members.

Minutes:

Cllr Dignum as Chair of Corporate Governance and Audit Committee was invited to introduce the report.

 

Cllr Dignum then moved the recommendation which was seconded by Cllr Lintill.

 

Members then voted on the officer recommendations which were carried.

 

RESOLVED

 

1.            That Council adopt the motions procedure and that the Constitution be amended accordingly.

2.            That the Monitoring Officer be directed to prepare guidance on the application of the motions procedure for members.

12.

Urgent Decision Notice - Parking Charges pdf icon PDF 74 KB

The Council is requested to note the Urgent Decision Notice.

Minutes:

The Chair noted the urgent decision notice on behalf of the Council.

13.

Questions to the Executive pdf icon PDF 100 KB

Members are invited to ask a question of a member of the Executive (maximum of 40 minutes duration).

Minutes:

The Chair explained that there would be no questions to the executive due to the length of the meeting. It was explained that members would be able to send their questions to Democratic Services with the questions and answers to be published online.

14.

Late Items

The Council will consider any late items as follows:

 

a)    Items added to the agenda papers and made available for public inspection.

 

b)    Items which the Chair has agreed should be taken as matters of urgency by reason of special circumstances to be reported at the meeting.

Minutes:

There were no late items.

15.

Exclusion of the press and public

The Council is asked to consider in respect of agenda items 16 and 17 whether the public, including the press, should be excluded from the meeting on the grounds of exemption under Parts I to 7 of Schedule 12A of the Local Government Act 1972, as indicated against the item and because, in all the circumstances of the case, the public interest in maintaining the exemption of that information outweighs the public interest in disclosing the information.

Minutes:

Cllr Lintill moved the recommendation to go into part II which was seconded by Cllr Taylor. There were no objections so the Chair made the following resolution on behalf of the Council:

 

That in respect of agenda items 16 and 17 the public, including the press, should be excluded from the meeting on the grounds of exemption under Parts 1 to 7 of Schedule 12A of the Local Government Act 1972, as indicated against the item and because, in all the circumstances of the case, the public interest in maintaining the exemption of that information outweighs the public interest in disclosing that information.

16.

Increasing the provision of short stay accommodation at Freeland Close

The material relevant to this item can be found on the part II exempt pages 199-222 of the Cabinet agenda pack for 7 July 2020.

 

The following recommendations were made to Council:

 

1.    That the updated Project Initiation Document in Appendix 1 be approved.

 

2.    That the additional funding requirements of the scheme as yet not released and detailed in paragraph 8.1 be approved.

 

3.    That delegated powers be granted to the Director of Housing and Communities and the Director of Corporate Services following consultation with the Cabinet Member for Housing and the Cabinet Member for Finance, Corporate Services, Revenues and Benefits, to award the development contract.

Minutes:

Cllr Lintill was invited to introduce the item.

 

Cllr Lintill moved the recommendation which was seconded by Taylor.

 

Members voted on the recommendations which were carried.

 

RESOLVED

 

1.    That the updated Project Initiation Document in Appendix 1 be approved.

2.    That the additional funding requirements of the scheme as yet not released and detailed in paragraph 8.1 be approved.

3.    That delegated powers be granted to the Director of Housing and Communities and the Director of Corporate Services following consultation with the Cabinet Member for Housing and the Cabinet Member for Finance Corporate Services, Revenues and Benefits, to award the development contract.

17.

Urgent Decision Notice - Leisure Centres

The Council is requested to note the Urgent Decision Notice.

Minutes:

The Chair noted the urgent decision notice on behalf of the Council.