Agenda and minutes

Council
Tuesday 21 May 2019 2.00 pm

Venue: The Assembly Room - The Council House (Chichester City Council), North Street, Chichester. View directions

Contact: Lisa Higenbottam on 01243 534684  Email:  democraticservices@chichester.gov.uk

Items
No. Item

1.

Election of Chairman of the Council

This will be followed by the declaration of acceptance of office.

Minutes:

The Chairman extended a warm welcome to everyone present and read out the emergency evacuation procedure.

 

The Council were asked for nominations for the Chairman of the Council for the ensuing year.

 

Mrs Lintill nominated Mrs Hamilton. This was seconded by Mrs Taylor.

 

In a show of hands the Council voted in favour.

 

Mrs Hamilton was appointed as Chairman and signed the declaration of acceptance of office in the presence of the Chief Executive, Diane Shepherd.

2.

Appointment of Vice-Chairman of the Council

This will be followed by the declaration of acceptance of office.

Minutes:

The Council were asked for nominations for the Vice-Chairman of the Council for the ensuing year.

 

Mr Moss nominated Mrs Apel. This was seconded by Mr Plowman.

 

In a show of hands the Council voted in favour.

 

Mrs Apel was appointed as Vice-Chairman. Mrs Apel took her seat at the top table and signed the declaration of acceptance of office in the presence of the Chief Executive, Diane Shepherd.

 

3.

To receive the report of the Returning Officer on the District Council Elections held on 2 May 2019 pdf icon PDF 42 KB

Minutes:

The Chairman explained that she had been notified of an omission to the report. Under the results for Fernhurst Councillor Norma Graves (Conservative) should be listed.

 

On behalf of the Council the Chairman noted the report.

4.

Minutes pdf icon PDF 211 KB

To approve as a correct record the minutes of the meeting of the Council held on 5 March 2019.

Minutes:

In a show of hands the Council voted to approve the minutes of the meeting held on 5 March 2019.

 

RESOLVED

 

That the minutes of the Full Council meeting held on 5 March 2019 be approved and signed by the Chairman as a correct record of the meeting.

5.

Urgent Items

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

Minutes:

There were no urgent items for consideration.

6.

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 members declared interests:

 

·       Dr O’Kelly declared a personal interest in respect of agenda item 17 as a member of West Sussex County Council

·       Mr Oakley declared a personal interest in respect of agenda item 17 as a member of West Sussex County Council

·       Mrs Purnell declared a personal interest in respect of agenda item 17 as a member of West Sussex County Council

·       Mr Plowman declared a personal interest in respect of agenda item 17 having resigned as the Director of Chichester Gateway Plus but remaining as a supporter of the group

7.

Chairman's announcements

Minutes:

The Chairman announced apologies for absence from Cllr John-Henry Bowden, Cllr John W Elliott and Cllr Judy Fowler.

 

The Chairman then took the opportunity to welcome all members new and returning and acknowledged the work of those members who were not re-elected or did not stand.

 

The Chairman then thanked Mrs Dodsworth who would be leaving the council on 23 May 2019 for her hard work and wished her a long, happy and healthy retirement.

8.

Election of the Leader of the Council

Minutes:

The Council were asked for nominations for the Leader of the Council for the four year term of the Council.

 

Mrs Taylor nominated Mrs Lintill. This was seconded by Mr Wilding.

 

In a show of hands the Council voted in favour.

 

Mrs Lintill was appointed as Leader. Mrs Lintill took her seat at the top table and thanked members for her appointment.

9.

Cabinet

The Leader of the Council will announce the membership of the Cabinet, the appointment of the Deputy Leader and the allocation of portfolios to Cabinet members.

Minutes:

Mrs Lintill then introduced her Cabinet as follows:

 

·       Deputy Leader and Planning Portfolio Holder – Susan Taylor

·       Portfolio holder for Housing and Revenues & Benefits – Peter Wilding

·       Portfolio holder for the Environment and Chichester Contract Services – Penny Plant

·       Portfolio holder for Finance, Growth, Place and Regeneration – Tony Dignum

·       Portfolio holder for Community Services and Culture – Roy Briscoe

·       Portfolio holder for Democratic Services, Business Support and Promotion & Events – Norma Graves

 

The new Cabinet members took their seats at the top table and thanked members for their appointments.

10.

Review of Political Balance pdf icon PDF 78 KB

Report to follow.

Minutes:

The Chairman invited Mr Ward to introduce the report and explain the proposed amendments. Mr Ward explained that the Council has a duty to review representation of different political groups at its annual meeting. He outlined the first step of working out the overall proportion of the Council held by each political group:

 

·       Conservatives – 18 seats = 50%

·       Liberal Democrats – 11 seats =  30%

·       Green Party – 2 seats = 5.5%

·       Labour – 2 seats = 5.5%

·       Local Alliance – 2 seats = 5.5%

·       Independent – 1 seat = 3%

 

Mr Ward then explained that the second step is to take the proportions above and apply to each of the four ordinary committees. The total number of seats across the four committees is 38:

 

·       Conservatives – 19 seats

·       Liberal Democrats – 12 seats (rounded)

·       Green Party – 2 seats

·       Labour – 2 seats

·       Local Alliance – 2 seats

·       Independent – 1 seat

 

With regard to each committee:

 

·       Corporate Governance and Audit Committee – 8 seats:

o   Conservatives are entitled to 4 seats

o   Liberal Democrats are entitled to 2 seats

o   Minority parties are entitled to 2 seats with preference expressed for 1 seat to Green and 1 seat to Local Alliance

 

·       Planning Committee – 13 seats:

o   Conservatives are entitled to 7 seats

o   Liberal Democrats are entitled to 4 seats

o   The minority parties are entitled to 2 seats to which the Liberal Democrats have elected to give a seat to the Independent member)

 

·       Licensing Committees – 10 seats:

 

o   Conservatives are entitled to 5 seats

o   Liberal Democrats are entitled to 3 seats

o   The minority parties are entitled to 2 seats with preference expressed for 1 seat to Labour and 1 seat passed to the Independent member

 

 

 

·       Standards Committee – 7 seats:

o   The Conservative allocation has been rounded to 3 seats to ensure their overall allocation is correct

o   Liberal Democrats are entitled to 3 seats

o   The minority parties are entitled to 1 seat with preference expressed for 1 Labour seat

 

Although not an ordinary committee Mr Ward then explained the process for Overview and Scrutiny Committee which:

 

·       Overall seats – 11

·       The Conservatives are entitled to seats 5 ½ seats which is rounded up to 6 seats

·       The Liberal Democrats are entitled to 3 seats

·       The minority parties are entitled to 2 seats however the Conservatives have elected to give 1 seat to the minority parties so that the Green’s, Labour and Local Alliance all have 1 seat

 

Mr Ward explained that the proportionality rules also apply to the Investigation and Disciplinary Committee and Appeals Committee as set out in table 3 at section 4.9 of the report. He confirmed that proportionality rules does not apply to Cabinet or the Independent Remuneration Panel.

 

In a show of hands the Council voted to approve the recommendation.

 

RESOLVED

 

That the review of political balance arrangements set out in the report be approved and tables 1, 2 and 3 as amended be applied in  ...  view the full minutes text for item 10.

11.

Review of Political Balance pdf icon PDF 84 KB

Report to follow.

Additional documents:

Minutes:

The Chairman invited Mr Ward to introduce the report and explain the proposed amendments. Mr Ward outlined each committee’s proposed membership in turn:

 

Overview and Scrutiny Committee

 

Chairman – Mr A Moss

Vice-Chairman – Mr T Johnson

Mrs C Apel

Mrs T Bangert

Mr M Bell

Mr J W Elliott

Mr K Hughes

Mr D Palmer

Mr H Potter

Mrs S Sharp

Mr A Sutton

 

Corporate Governance and Audit Committee

 

Chairman – Dr K O’Kelly

Vice-Chairman – Mr T Johnson

Miss H Barrie

Mr M Bell

Mr J Brown

Mr A Dignum

Mr F Hobbs

Mr D Palmer

 

Planning Committee

 

Chairman – Mrs L C Purnell

Vice-Chairman – Rev J-H Bowden

Mr G Barrett

Mr R Briscoe

Mrs J Fowler

Mrs D Johnson

Mr G McAra

Mr S Oakley

Mr C Page

Mr H Potter

Mr D Rodgers

Mrs S Sharp

Mr P Wilding

 

General Licensing and Alcohol and Entertainment Licensing

 

Chairman – Mr G McAra

Vice-Chairman – Mr A Moss

Mrs T Bangert

Mr J W Elliott

Mr G Evans

Mr K Hughes

Mr C Page

Mr H Potter

Mr A Sutton

Mrs S Taylor

 

Standards Committee

 

Chairman – Mr R Plowman

Vice-Chairman – Mrs S Taylor

Mrs C Apel

Mr G Evans

Mrs S Lishman

Mrs L C Purnell

Mrs S Taylor

Mr A Sutton

 

Investigation and Disciplinary Committee

 

Chairman – Mrs C Apel

Vice-Chairman – Mrs S Taylor

Mr G Evans

Mrs C Purnell

Mr A Sutton

Miss H Barrie (reserve)

Mr P Wilding (reserve)

 

Appeals Committee

 

Chairman – Mr P Wilding

Vice-Chairman – Mrs S Lishman

Mr F Hobbs

Mr A Moss

Mrs P Plant

Mrs S Taylor

Mrs C Apel (reserve)

Mr H Potter (reserve)

 

Mrs Lintill proposed the recommendations which were seconded by Mr Moss.

 

In a show of hands the Council voted in favour.

 

RESOLVED

 

That the Council appoints members to serve on committees for 2019-2020 and their Chairmen and Vice-Chairmen as set out in the report and detailed in the amendments above, subject to decisions on the previous agenda item and to the nominations proposed by the party group leaders.

12.

Appointments to External Organisations pdf icon PDF 81 KB

Report to follow.

Minutes:

The Chairman invited Mrs Lintill to introduce the report and outline each proposed appointment in turn:

 

Chichester Conservation Area Advisory Committee

Mrs S Taylor

Mr R Plowman

Portsmouth Water Customer Forum

Mr S Oakley

Sussex Police and Crime Panel

Mr R Briscoe

Mrs C Apel (Deputy)

Western Sussex Hospitals NHS Trust Council of Governors

Mrs D Johnson

West Sussex Health and Adult Social Care Committee

Mrs T Bangert

Bourne Community College Governing Body

Diane Shepherd

Bourne Trust Board

Diane Shepherd

Chichester Harbour Conservancy

Mr A Moss

Mr G Barrett

Mrs P Plant (Reserve)

South Downs National Park Authority

Mr H Potter

West Sussex Pensions Forum

Mr J Ward

 

Mrs Lintill proposed the recommendations which were seconded by Mr Moss.

 

In a show of hands the Council voted in favour.

 

RESOLVED

 

That the Council appoints members to serve on the outside organisations for 2019-2020 and longer term appointments/nominations as set out in the tables as amended.

13.

Public Question Time

Questions must be submitted by members of the public in writing by noon on the previous working day (for a period up to 15 minutes).

Minutes:

The following public questions were asked:

 

Question from Mr Holcroft:

 

My question relates to the Chichester Local Plan Policy AL6: Land South-West of Chichester (Apuldram and Donnington Parishes)

 

This parcel of land is totally unsuitable for industrial/housing development and an accompanying link road.

 

Hundreds of individuals and organisations have now objected or negatively commented on the proposed development, far more than any other strategic development in the Local Plan. These include Chichester Harbour Conservancy, CPRE Sussex, Sussex Wildlife Trust, Chichester Harbour Trust, The Environment Agency, West Wittering/Earnley/Birdham/Fishbourne/ Donnington Parish Councils, Southern Water, Natural England and many others including the Harbour Villages Lib Dems Campaign Team and Green Party members who I am sure are now represented in numbers here today.

 

The most common objections include:

 

·              Major development on the fringe of the AONB

·              Loss of the buffer zone outside the AONB.

·              Breach of current and emerging AONB Management Plan

·              SSSI Interest Impact Risk Zone, which affects the SAC, SPA and Ramsar designations.

·              Wildlife loss

·              Flooding concerns

·              Historic and priority Chichester views

·              Loss of highest quality agricultural land

·              Urbanisation

·              Light, air, noise, and soil pollution.

·              Wastewater

·              Lack of support for link road

 

This proposed development is a travesty and I urge the council members here today to consider what we will lose forever if it is allowed to proceed.

 

My question is will the Council and especially those new members who have campaigned against this development please propose and take a vote to remove this from the plan once and for all before it’s too late.

 

Mrs Taylor provided the following answer:

 

Thank you for the question concerning the proposed allocation of land Southwest of Chichester for employment and residential development and the provision of the Stockbridge Link Road.  The Council has a statutory duty to prepare a Local Plan to accommodate identified needs for development in accordance with government policy.  Members of the Council recognise that difficult choices need to be made about which land to allocate for development and how to mitigate the impact of that development to take into account the need for infrastructure and to protect the natural and built environment.  The Council has previously approved a Preferred Approach Plan which included the proposed allocation of land Southwest of Chichester and this was the subject of extensive public consultation earlier this year.

In due course, members of the Council will need to consider all of the representations made on the Preferred Approach Plan and determine the content of the next iteration of the Plan before it is subject to further public consultation and then examination by a planning inspector.  Further evidence will be sought to aid the Council’s consideration of potential allocations in the Plan. 

 

West Sussex County Council is promoting the land Southwest of Chichester for development and will need to provide further evidence of how the site could be developed in an acceptable manner which addresses the various planning constraints and concerns raised. 

 

Furthermore, the Council is considering issues raised in representations relating to the  ...  view the full minutes text for item 13.

14.

S106 Allocation - Graylingwell Chapel pdf icon PDF 66 KB

The material relevant to this item is the report on pages 13 to 17 of the agenda pack and its exempt appendix considered by the Cabinet at its meeting on 2 April 2019.

 

The report contains the following recommendation for the Cabinet to make to the Council:

 

RECOMMENDATION TO THE COUNCIL

 

That the Council releases £221,131.76 Section 106 Community Facilities monies plus interests accrued to date of release to Chichester Community Development Trust for the conversion and extension of Graylingwell Chapel for community use.

Additional documents:

Minutes:

The Chairman invited Mr Briscoe to introduce the report and referred members to the recommendation made by the Cabinet at its meeting on 2 April 2019 which appears on page 27 of the agenda pack.

 

Mr Briscoe proposed the recommendation which was seconded by Mrs Lintill.

 

In a show of hands the Council voted in favour.

 

RESOLVED

 

That the Council releases £221,131.76 Section 106 Community Facilities monies plus interests accrued to date of release to Chichester Community Development Trust for the conversion and extension of Graylingwell Chapel for community use.

15.

Senior Staff Pay Policy Statement pdf icon PDF 54 KB

The material relevant to this item is the report on pages 19 to 44 of the agenda pack considered by the Cabinet at its meeting on 2 April 2019.

 

The report contains the following recommendation for the Cabinet to make to the Council:

 

RECOMMENDATION TO THE COUNCIL

 

That the Senior Staff Pay Policy Statement 2019-2020 be published.

Additional documents:

Minutes:

The Chairman invited Mrs Graves to introduce the report and referred members to the recommendation made by the Cabinet at its meeting on 2 April 2019 which appears on page 33 of the agenda pack.

 

Mrs Graves proposed the recommendation which was seconded by Mrs Lintill.

 

In a show of hands the Council voted in favour.

 

RESOLVED

 

That the Senior Staff Pay Policy Statement 2019-2020 be published.

16.

Gambling Act 2005 - The Council's proposed Draft Statement of Policy 2019-2022 pdf icon PDF 73 KB

The material relevant to this item is the report on pages 9 to 50 of the agenda pack considered by the Alcohol and Entertainment Licensing Committee at its meeting on 27 February 2019.

 

The report contains the following recommendation for the Alcohol and Entertainment Licensing Committee to make to the Council:

 

RECOMMENDATION TO THE COUNCIL

 

That the Policy (as amended in accordance with section 3.2 and section 3.3 of the report) be approved and published.

Additional documents:

Minutes:

The Chairman invited Mrs Graves to introduce the report and referred members to the recommendation made by the Alcohol and Entertainment Licensing Committee at its meeting on 27 February 2019 which appears on page 59 of the agenda pack.

 

Mr Plowman asked a question regarding what the council does to support people with problems around online gambling. Mrs Graves agreed to provide a written response.

 

Mrs Graves proposed the recommendation which was seconded by Mrs Lintill.

 

In a show of hands the Council voted in favour.

 

RESOLVED

 

That the Policy (as amended in accordance with section 3.2 and 3.3 of the report) be approved and published.

17.

Acceptance of Southern Gateway flexibility funding from the Coast to Capital Local Enterprise Partnership (LEP) pdf icon PDF 56 KB

The Council is requested to note the urgent decision taken.

Minutes:

The Chairman explained that the report is for noting only.

 

On behalf of the Council the Chairman noted the report.

 

18.

Questions to the Executive

For a maximum of 40 minutes duration.

Minutes:

The Chairman invited questions to the Executive.

 

Dr O’Kelly asked whether the Cabinet member for Housing would commit the Council to eradicating rough sleeping. Mr Wilding agreed to come back to members with a written response.

 

Mr Brown asked for consideration to be given to the timings of council committee meetings to include evening meetings following the election of a greater number of councillors who work or have other commitments during the day. Mrs Lintill agreed to instruct officers to write an options report.

 

Mr Plowman asked for comment on the timing of the delivery of facilities for the Graylingwell park development in comparison to the Whitehouse Farm development.  Mr Frost was invited to respond and explained that the Graylingwell development is already underway whereas Whitehouse Farm has yet to start development. Mr Frost was not aware of any breach of the Section 106 agreement for Graylingwell.

 

Mr Plowman also asked for comment on the delivery of the Summersdale Conservation Area report and requested a completion date of no more than three months. Mr Frost was invited to respond and explained that if resubmitted the Summersdale Character appraisal could be considered. He explained that three months would be an unrealistic timescale but he offered to discuss the timescale with Mr Plowman further outside of the meeting.

 

Mr Moss asked Mrs Lintill to write to the Leader of West Sussex County Council regarding Children’s Social Services. Mrs Lintill agreed to write but also explained that she would be meeting the West Sussex County Council Leader shortly.

 

Mrs Bangert asked how much money is spent on planning enforcement and addressing people not following Tree Preservation Orders. Mrs Taylor explained that there is a process for enforcement and fines can be issued. Mr Frost added that hedges are not protected by Tree Preservation Orders. He offered to discuss any individual cases outside of the meeting.

 

Mrs Hume asked what provision is in place to try and encourage black and ethnic minorities amongst members and senior officers. Mrs Shepherd was invited to respond. She explained that the council takes diversity seriously but it is up to political groups to field a wide range of candidates. She added that the council is generally representative of the district as a whole.  

 

Mr Oakley asked the following:

 

1.     What lessons have been learned by officers in relation to the S106 (and triggers) for the provision of play areas on two sites in Tangmere (Meadow Way and the Hangar site); and

 

2.     Will an air quality and economic impact assessment be carried out associated with the works shortly to commence on the A27 related to the Shopwyke Lakes development and if so, will or can this be used to inform the Transport Study and policies in the Local Plan Review. For information, I understand the planned works to be:

a.     Northern access junction

b.     Portfield roundabout modifications

c.     Western access

d.     Pedestrian crossing and bus gate to Shopwyke Road

e.     Western pedestrian/cycle bridge to the A27 Chichester by  ...  view the full minutes text for item 18.

19.

Late Items

To consider any late items as follows:

 

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

 

b)    Items which the Chairman 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.

20.

Exclusion of the press and public

There are no restricted items for consideration at this meeting.

Minutes:

There was no requirement to exclude the press and public.