Agenda and draft minutes

Council - Tuesday 2 March 2021 2.00 pm

Venue: Virtual

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

74.

Minutes pdf icon PDF 329 KB

The Council is requested to approve as a correct record the minutes of the meetings held on Tuesday 19 January 2021 and Friday 29 January 2021.

Additional documents:

Minutes:

With reference to page 4 of the Full Council minutes for 19 January 2021 Cllr Brown wished to noted as seconding the motion rather than Cllr Bowden.

 

With regard to the minute 60 from 19 January 2021 Highways England should be referenced.

 

Cllr Brown also requested a supplement including the voting of the recorded votes where that is appropriate within the Constitution.

 

RESOLVED

 

That the minutes of the Full Council meeting held on 19 January 2021 and 29 January 2021 be approved subject to the above amendments.

 

75.

Urgent Items

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

 

Due to the nature of the report the Chair has used their discretion to list the following report for urgent discussion at item 2:

 

·         Amendment to Constitution on Vice Chairman Authority

Minutes:

One urgent item had been accepted which is detailed below.

 

76.

Amendment to Constitution on Vice Chairman authority pdf icon PDF 164 KB

The Council is requested to consider the report and make the following resolution:

 

That the Monitoring Officer be directed to amend the Constitution to remove the requirement that a Vice Chair may only chair a meeting in the absence of the Chairman to that meeting.

Minutes:

Mr Bennett was invited to introduce the report. Cllr Lintill then moved the recommendation which were seconded by Cllr Taylor.

 

Cllr Oakley proposed an amendment to amend the line to add ‘change with the consent of the Chairman’.  This was seconded by Cllr Brown

 

Members voted virtually on the recommendation which was carried.

 

RESOLVED

 

That the Monitoring Officer be directed to amend the Constitution to remove the requirement that a Vice Chair may only chair a meeting in the absence of the Chairman to that meeting subject to the above amendment.

 

77.

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:

A number of declarations of interest were made however the related items were subsequently deferred.

 

78.

Chair's Announcements

Apologies for absence will be notified at this point.

 

The Chair will make any specific announcements.

Minutes:

Cllr Apel confirmed that Cllr Hamilton had asked if she could Chair the meeting which she had agreed to do. She then explained that she would take the Budget and Council Tax items first, then the part II items and then if time permitted return to the agenda proper.

 

Apologies for absence were received from Cllr Hughes.

 

79.

Public Question Time pdf icon PDF 297 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 Chairman’s discretion to extend that period.

Additional documents:

Minutes:

Cllr Apel explained that supplementary questions would not be allowed on this occasion and should instead be sent to Democratic Services. The following questions were asked:

 

Question from Maureen O’Grady:

 

Would the CDC give serious thought to establishing a Climate Forum: comprising of remaining interested members of the Climate Assembly, established by the Sortition Foundation, plus volunteers from Eco-chi?

 

Answer from Cllr Plant:

 

Thank you for your question.  Within the Climate Emergency Action Plan, the Council has committed to setting up a Climate Assembly later this year and there was much support for this idea when we consulted on the draft action plan last Autumn. 

 

The Council is yet to procure an external organisation to support this action, however, the aim is that those participating in the Assembly will be residents who have been selected to reflect the demographic profile of the District and we hope to engage with a wide range of residents who vary in their understanding of and engagement with climate change issues. 

 

The members of the Citizen’s Assembly will make informed recommendations to the Council on the delivery of the Climate Emergency Action Plan and therefore I would not wish to pre-empt the findings of the Assembly.  However, on the same point, I would not wish to rule out a Climate Forum as a possible outcome.

 

The Council, in this first detailed action plan, has focused on delivery of carbon savings that largely fall within its remit of control.  However we will also continue to support existing district wide initiatives, such as Gillian Keegan’s, MP, Conference on Climate Change, as well as engaging with local groups where these support the actions in the plan, such as the new and existing working groups.  These will provide further opportunities for individuals and organisations to work together to develop practical solutions to reduce greenhouse emissions across the District.

 

Questions from Andrew Kerry-Bedell:

 

  1. Given CDC has only added four small new sites to its Brownfield register in 2020, and there are none are on the list with no planning permission, how can the Council assure residents that every single possible site in the whole district has been fully reviewed for the latest Brownfield register?
  2. Parishes like Southbourne have a Council allocation of 1,250 houses that they have agreed to and are putting into a new Neighbourhood Plan, so why is it on the 5YHLS CDC has only 300 houses listed for Southbourne?
  3. Can the Council confirm that it will review the whole December 2020 list of 9,579 houses, listed in major allocations and individual parish housing allocations, to include them on the last 5YHLS?
  4. What date with the new 5YHLS be issued to the public?

 

Answer from Cllr Taylor:

 

Thank you for your questions.  I will answer each in turn

 

1. The latest Brownfield Register update included a review of all sites submitted for the HELAA 2020 and any sites submitted for inclusion on the register via our webpage or through Member submission.  To be included in the register the  ...  view the full minutes text for item 79.

80.

Model Code of Conduct pdf icon PDF 197 KB

The Cabinet is requested to consider the following recommendation from the Standards Committee:

 

That the Local Government Association ‘Model Councillor Code of Conduct 2020’ be adopted.

 

(For reference the ‘Model Councillor Code of Conduct 2020’ is attached).

Minutes:

This item was deferred.

 

81.

Reduction in Number of Parish Councillors on Rogate Parish Council

The Chair of the Boundary Review Panel Cllr Oakley will confirm the recommendation to Council agreed by the Panel at its meeting on 1 March 2021.

Minutes:

This item was deferred.

 

82.

Budget Spending Plans 2021-22 pdf icon PDF 335 KB

The report papers for this item can be found on pages 1-69 of the Cabinet papers from 16 February 2021 Special Cabinet meeting.

 

The Cabinet made the following recommendations:

 

(a) That a net budget requirement of £15,041,200 for 2021-22 be approved.

 

(b) That Council Tax be increased by £5.00 from £165.81 to £170.81 for a Band D equivalent in 2021-22.

 

(c) That a contribution from the General Fund Reserve of £2,099,300 be approved to help fund the 2021-22 budget.

 

(d) Should the final settlement differ from the draft settlement, the sum in 3.1 (c) above be adjusted accordingly.

 

(e) The capital programme, including the asset renewal programme (appendix 1c and 1d of the agenda report) be approved.

 

Two Budget motions have been submitted by Cllr Brown and Cllr Moss respectively. These motions are attached and if duly seconded will be debated as part of the Budget item debate.

Additional documents:

Minutes:

Cllr Wilding was invited to introduce the report. Cllr Wilding then moved the recommendations which were seconded by Cllr Lintill.

 

Cllr Brown then introduced his amendment motion detailed in the agenda pack which was seconded by Cllr O’Kelly.

 

Cllr Wilding as Cabinet Member for Finance responded to the proposal first. He asked whether pension and employee costs had been considered and if they had whether they had been benchmarked. He explained that a PID could be brought forward at any point once the proposal had been fully costed.

 

Cllr Plant as Cabinet Member for the Environment then responded. She noted that the proposal contained some good ideas. She explained that a consultant was already instructed to consider all of the council owned properties and a new post would need further consideration by the Environment Panel and Cabinet. She added that consideration should be given to where the proposal overlaps with work being undertaken, where the proposals rely on central government funding and where the proposals relate to discretionary spending items which would need to be discussed under the Future Services Framework.

 

Cllr Plant proposed the following counter motion:

 

That these motions be passed to the Environment Panel for its detailed consideration and for Environment Panel to subsequently advise Cabinet on the way forward.

 

The counter motion was seconded by Cllr Lintill.

 

Cllr Plowman explained he supported the amendment motion as it addressed the need to take action on Climate Change.

 

Cllr Hobbs explained that he supported the counter motion as the Environment Panel would be able to work on the proposals and put forward a PID if required.

 

Cllr Elliott asked that the salary of proposed posts be reconsidered in order to attract someone with the right skill set.

 

Cllr O’Kelly explained that she supported the amendment motion as it would give the Environment Panel a clear steer on its focus.

 

Cllr Bowden explained that he supported the amendment motion as allocating funding demonstrates support for action on the Climate Emergency.

 

Cllr Donna Johnson explained that she saw the proposal as an investment rather than an expense.

 

Cllr Sharp explained that the amendment motion would support the need for behaviour change.

 

Cllr Briscoe explained that the amendment motion was premature in being brought before Full Council.

 

Cllr Lintill explained that she agreed with Cllr Hobbs and supported Cllr Plant’s counter motion. She added that Cllr Elliott’s salary comment could then be addressed by the Environment Panel.

 

Cllr Purnell explained that she felt the amendment motion should be allocated to the Environment Panel and worked up to a full Business Plan before being considered any further by Cabinet or Full Council.

 

Cllr Sutton explained that he did not oppose the amendment motion in principle but that it would be better placed discussed by the Environment Panel. He added that consideration needed to be given to where the funding would come from and the impact that would have on other areas the council funds.

 

Cllr Oakley aired caution in overcommitting to something  ...  view the full minutes text for item 82.

83.

Council Tax Resolution pdf icon PDF 551 KB

The Council is requested to consider the attached report and make the following resolution:

 

That having considered the Cabinet’s budget proposals from their meeting of 16 February, Council are asked to also approve the Council Tax Resolutions as set out in Appendix A.

Minutes:

Cllr Wilding was invited to introduce the report. Cllr Wilding then moved the recommendation which was seconded by Cllr Lintill. Mr Ward confirmed that he had nothing to add as no amendments had been made effecting the recommendations.

 

As legally required a recorded vote was carried out. The vote was as follows:

 

Cllr Apel – For

Cllr Bangert – For

Cllr Barrett – For

Cllr Barrie – For

Cllr Bell – For

Cllr Bowden – For

Cllr Briscoe – For

Cllr Brown – For

Cllr Dignum – For

Cllr Duncton – For

Cllr Elliott – For

Cllr Evans – For

Cllr Fowler – For

Cllr Graves – For

Cllr Hamilton – For

Cllr Hobbs – For

Cllr Hughes – Absent

Cllr Donna Johnson – For

Cllr Tim Johnson – For

Cllr Lintill – For

Cllr Lishman – For

Cllr McAra – For

Cllr Moss – For

Cllr Oakley – For

Cllr O’Kelly – For

Cllr Page – For

Cllr Palmer – For

Cllr Plant – For

Cllr Plowman – For

Cllr Potter – For

Cllr Purnell – For

Cllr Rodgers – For

Cllr Sharp – For

Cllr Sutton – For

Cllr Taylor  - For

Cllr Wilding – For

 

The vote was carried unanimously by 35 votes with one absent member.

 

RESOLVED

 

That having considered the Cabinet’s budget proposals from their meeting of 16 February 2021 Full Council approves the Council Tax Resolutions as set out in Appendix A of the Cabinet reports from that date.

 

84.

Beach Management Plan 2021-2026

The report papers for this item can be found on pages 7-10 of the Cabinet agenda from 2 March 2021.

 

The proposed Cabinet recommendations to Council are as follows:

 

1.    That Council gives authority to the Director of Planning and Environment to apply to the Environment Agency to draw down £250k per year of Flood Defence Grant in Aid for the Beach Management Plan (BMP).

2.    That Council approves the funding referred to in paragraph 2.1 above to be spent in line with the Beach Management Plan 2021-26 Schedule of Works shown at Table 1.

3.    That should the Beach Management Plan Schedule of Works, set out in Table 1, require amendment during this period, that authority to amend the schedule is delegated to the Director of Planning and Environment following consultation with the Cabinet Member for the Environment and Chichester Contract Services.

4.    That the Director of Planning and Environment be authorised to procure and award contracts for work in accordance with the BMP 2021-26 and Financial Standing Orders.

Minutes:

This item was deferred.

 

85.

Consideration of Consultation Responses Received on Chichester District Council's Draft Infrastructure Business Plan 2021-2026

The report papers for this item can be found on pages 35-37 of the Cabinet agenda from 2 March 2021 and its associated appendices.

 

The proposed Cabinet recommendations to Council are as follows:

 

1.    To reconsider whether IBP/355 Bus Real Time Passenger Information screens phase 2 is necessary and represents value for money (Appendix 3).

2.    That subject to 2.1 above Cabinet recommend to Council that it:

                      i.        Approves the proposed responses to the representations received as amended and subsequent modifications to the Draft Infrastructure Business Plan 2021-2026 as set out in Appendix 1; and;

                    ii.        Approves the amended IBP including the CIL Spending Plan attached as Appendix 2.

Minutes:

This item was deferred.

 

86.

Housing Standards Financial Assistance and Enforcement Policy 2020-2025

The report papers for this item can be found on pages 71-140 of the Cabinet papers from 16 February 2021 Special Cabinet meeting.

 

The Cabinet made the following recommendations:

 

1.    That the Housing Standards Financial Assistance and Enforcement Policy 2021-2026 set out in the appendix is approved

2.    That the remaining existing budgets are used together with £233K, repurposed from the Affordable Housing Capital fund, to provide the financial assistance required to support this policy, as set out in 7.1, and a review of the policy and funding requirements is undertaken in year 3.   

3.    That the enforcement of the new Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 be delegated to the Director of Housing and Communities for enforcement under the new policy.

4.    That the use of monies received through the issuing of fines to be used to meet the cost and expenses incurred in, or associated with, carrying out any such enforcement work.

5.    That delegation be given to the Divisional Manager for Housing following consultation with the Cabinet Member for Housing, Communications, Licensing and Events to make minor amendments to the policy as required.

Minutes:

This item was deferred.

 

87.

Local Plan Review Preferred Approach: Part 2 Development Management Policies, Policies Map, Habitats Regulation Assessment and Sustainability Appraisal

The report papers for this item can be found on pages 19-24 of the Cabinet agenda from 2 March 2021 and its associated appendices.

 

The proposed Cabinet recommendations to Council are as follows:

 

1.    That:

 

a)    The Summary of Representations included as Appendix 1 to this report is noted.

b)    The proposed Council responses to the representations set out in that document are agreed for publication on the Council’s website.

c)    The Director of Planning and the Environment is authorised, following consultation with the Cabinet Member for Planning Services, to make minor amendments to the Summary of Representations and Responses prior to its publication.

d)    That the issues raised in the Summary of Representations document and the other relevant issues summarised in section 9 of this report are noted as key considerations for the ongoing production of the Local Plan.

Minutes:

This item was deferred.

 

88.

Revised Local Development Scheme 2021-2024

The report papers for this item can be found on pages 25-29 of the Cabinet agenda from 2 March 2021 and its associated appendices.

 

The proposed Cabinet recommendation to Council is as follows:

 

That the revised Local Development Scheme be approved.

Minutes:

This item was deferred.

 

89.

Section 106 Allocation for Chichester Community Development Trust

The report papers for this item can be found on pages 31-34 of the Cabinet agenda from 2 March 2021.

 

The proposed Cabinet recommendation to Council is as follows:

 

That Council approves the release of £141,250 Section 106 Sport and Leisure monies plus interest accrued to the date of release to Chichester Community Development Trust.

Minutes:

This item was deferred.

 

90.

Senior Staff Pay Policy 2021/22

The report papers for this item can be found on pages 35-37 of the Cabinet agenda from 2 March 2021 and its associated appendices.

 

The proposed Cabinet recommendation to Council is as follows:

 

That the Senior Staff Pay Policy Statement 2021-2022 be published.

91.

2021-22 Treasury Management & Investment Strategy and Capital Strategy update

The report papers for this item can be found on pages 7-69 of the Cabinet agenda from 2 February 2021 and its associated appendices.

 

The proposed Cabinet recommendation to Council is as follows:

 

That the following documents referenced in 2.1 and 2.2 of the report are recommended to Council for approval:

 

·         Treasury Management Policy Statement

·         Treasury Management Strategy Statement

·         Investment Strategy and relevant Indicators for 2021-22

·         Capital Strategy for 2021-22 to 2025-26 be noted.

Minutes:

This item was deferred.

 

92.

Questions to the Executive

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

Minutes:

This item was deferred.

 

93.

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

Minutes:

No late items were considered at this stage of the meeting.

 

94.

Exclusion of the press and public

The Council is asked to consider in respect of agenda items 21, 22, 23 and 24 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. The reports dealt with under this part of the agenda are attached for members of the Council and senior officers only (salmon paper).

Minutes:

Cllr Lintill proposed that the meeting went into part II in relation to agenda items 21, 22, 23 and 24. This was seconded by Cllr Taylor.

 

The Council then voted to go into part II.

 

RESOLVED

 

That with regard to agenda items 21, 22, 23 and 24 the public including the

press should be excluded from the meeting on the grounds of exemption in Schedule 12A to the Local Government Act 1972 namely Paragraph 3 (Information relating to the financial or business affairs of any particular person (including the authority holding that information)) 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.

 

Members took a short break.

 

95.

Leisure Management Contract 2021-2022

The report papers for this item can be found on pages 141-146 of the Cabinet papers from 16 February 2021 Special Cabinet meeting.

 

The Cabinet made the following recommendations:

 

That the recommendations as set out in sections 2.1a and 2.1b of the report as amended be agreed.

 

The recommendations are set out in full in the restricted addendum attached for members and senior officers.

Minutes:

Please note that this item was taken in part II. A video recording was made of the full debate.

 

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

 

Questions and comments were received from Cllr Purnell, Cllr Bowden and Cllr Oakley. Cllr Briscoe provided responses.

 

Members then voted virtually on the recommendations which were carried.

 

RESOLVED

 

That the proposed Cabinet recommendations as set out in sections 2.1a and 2.1b of the Cabinet report for 16 February 2021 as amended and circulated as an addendum to Full Council be agreed.

 

96.

St James Industrial Estate Chichester

The report papers for this item can be found on pages 55-61 of the Cabinet agenda from 2 March 2021.

 

The proposed Cabinet recommendations to Council are stated at 3.1, 3.2, 3.3 and 3.4 of the report.

Minutes:

Please note that this item was taken in part II. A video recording was made of the full debate.

 

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

 

Questions and comments were received from Cllr Plowman, Cllr Oakley, Cllr Sutton, Cllr Sharp and Cllr Oakley. Cllr Dignum, Mrs Hotchkiss, Mr Bennett, Mrs McKay and Mr Gregory all provided responses.

 

Members then voted virtually on the recommendations which were carried.

 

RESOLVED

 

That the proposed Cabinet recommendations stated at 3.1, 3.2, 3.3 and 3.4 of the Cabinet report for 2 March 2021 be approved.

 

97.

Stray Dog Kennelling Services

The Council is requested to consider the report and its appendix and make the recommendation as set out in section 2.1 of the report.

Minutes:

Please note that this item was taken in part II. A video recording was made of the full debate.

 

Cllr Plant introduced the report. Cllr Plant then moved the recommendation which was seconded by Cllr Lintill.

 

Questions and comments were received from Cllr Lintill, Cllr Donna Johnson, Cllr Moss and Cllr Tim Johnson. Mr Ballard provided responses.

 

Members then voted virtually on the recommendations which were carried.

 

RESOLVED

 

That the proposed Cabinet recommendations stated at 2.1 of the Cabinet report for 2 March 2021 be approved.

 

98.

Coastal and Land Drainage Engineering Service

The report papers for this item can be found on pages 35-37 of the Cabinet agenda from 2 March 2021.

 

The proposed Cabinet recommendations to Council are stated at 2.1, 2.2, 2.3, 2.4 and 2.5 of the report.

Minutes:

Please note that this item was taken in part II. A video recording was made of the full debate.

 

Cllr Plant introduced the report. Cllr Plant then moved the recommendation which was seconded by Cllr Lintill.

 

Questions and comments were received from Cllr Purnell, Cllr Taylor and Cllr Moss. Mrs Stevens provided responses.

 

Members then voted virtually on the recommendations which were carried.

 

RESOLVED

 

That the proposed Cabinet recommendations stated at 2.1, 2.2, 2.3, 2.4 and 2.5 of the Cabinet report for 2 March 2021 be approved..

 

Cllr Apel confirmed to members that another meeting would be called to receive the deferred items at 9.00am on 12 March 2021.