Agenda and minutes

Council - Tuesday 18 July 2023 2.00 pm

Venue: Committee Rooms - East Pallant House

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

Note: The webcast can be viewed live here: https://chichester.nucast.live/ 

Media

Items
No. Item

17.

Minutes pdf icon PDF 156 KB

The Council is requested to approve as a correct record the minutes of the meeting held on 17 May 2023.

Minutes:

RESOLVED:

 

That the minutes of the full Council meeting held on 17 May 2023 be approved and signed as a correct record.

 

18.

Urgent Items

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

Minutes:

There were no urgent items.

 

19.

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:

Cllr Sharp as a member of West Sussex County Council also declared a personal interest in relation to agenda items 6, 8, 10 and 12.

 

20.

Chair's Announcements

Apologies for absence will be notified at this point.

 

The Chair will make any specific announcements.

Minutes:

There were no Chairman’s announcements.

 

Apologies for absence were received from Cllr TodHunter, Cllr Corfield, Cllr Chant, Cllr Cross and Cllr Betts.

21.

Public Question Time

In accordance with Chichester District Council’s scheme for public question time 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:

Questions from Michael Warden:

 

1.    Will the Council refuse all and any new development applications until such times as there is a proper sewage system upgrade to do the job it was intended to do. Southern Water must also robustly defend itself and state categorically that it cannot accommodate any more development and has not been able to do so for a number of years.

 

2.    The Central Government has said on several occasions that development of agricultural land should be resisted and in this District it should be stopped with immediate effect. The realisation that at this time in history if this country was isolated and unable to import food, we can only feed about 60% of the population and that is dwindling fast. It is not sustainable and needs to be identified as such.

 

3.    The Local Plan needs to be reviewed and updated with all haste and should include mandatory policies for the inclusion of solar power, battery storage and heat source pumps. It is ludicrous to even consider other means of energy. Also all commercial development should have the same policies. 

 

4.    A policy needs to be provided for the installation of solar power to all and any building that has a roof space, such as factories, car parks can be upgraded with roofs over for solar power. Grazing land can be used for solar power as cattle and sheep can still raze below.

 

There is a lot that can be done if willing and determined to stand up and do it.

 

Answer from Cllr Bill Brisbane

 

Thank you for your questions.

 

In answer to question 1:

Southern Water has a statutory obligation to find solutions and provide infrastructure for new development, so it cannot refuse to accommodate more development unless it can be proven that there is no solution available.  It identifies solutions through its business planning process, including through the development of a Drainage and Wastewater Management Plan (DWMP).  Southern Water has recently published its DWMP which sets out investment needs from 2025 – 2030 and looks ahead to 2050.  In 2021 the Council agreed a Statement of Common Ground with Southern Water to make sure that planned housing growth can be accommodated within the wastewater treatment works.  We continue to work closely with Southern Water and the Environment Agency to ensure that planned housing growth is phased to align with improvements in capacity at wastewater treatment works.

 

All planning applications must be assessed on their individual merits, taking account of the potential for harm that may occur, but also the suitability of any proposed mitigation.  As an individual assessment is required in each case, it is not possible to impose a blanket moratorium on all planning applications for housing development.  However, if a statutory provider raises issues which are not able to be satisfactorily mitigated, this will be afforded significant weight in the determination of an application.

 

The FAQs on the council website cover these matters in greater detail.

 

In answer to question  ...  view the full minutes text for item 21.

22.

Council's Annual Report 2022-23

The Council is requested to consider the report and its appendix as set out in pages 9 to 51 of the Cabinet papers for 11 July 2023 and make the following resolution subject to recommendation by the Cabinet:

 

That the Annual report 2021-2022 be received by the Council.

Minutes:

The Chair of the Councill invited the Leader of the Council to present this report.

 

Members discussed the breakdown between tenants and offers at the St James industrial estate. Members also discussed the possibility of the Park and Ride scheme for the duration of the Christmas period.

 

RESOLVED:

 

1.    That the Annual Report 2022-2023 recommended by Cabinet be received the Council.

 

23.

Development Management Resources

The Council is requested to consider the report and its appendices as set out in pages 15 to 19 of the Cabinet papers for 6 June 2023 and make the following resolutions:

 

1.    The release of £21,000 from reserves to cover the cost of retaining temporary agency staff to address current staff vacancies, and

2.    The release of £276,650 from reserves to cover the cost of engaging specialist professional services to support the local planning authority in defending six planning appeals.

Minutes:

The Chair of the Council invited the Cabinet member for Planning to present this item.

 

Members enquired about whether the £267,650 was an upper limit and asked if it would be delegated to officers if it went above the stipulated amount. In response the Cabinet Member for Planning stated that it would be delegated to officers due to appeals being unpredictable. Officers stated that the cash amount released from reserves was an upper limit that is set by council. Officers also stated that if costs went beyond existing approval, then were alternate options to address this issue. One of these ways would be to look at existing budgets. Alternatively, Council would have to supplement the budget.

 

RESOLVED:

 

1.    That the £21,000 from reserves to cover the cost of retaining temporary agency staff to address current staff vacancies be released, and

 

2.     £276,650 from reserves to cover the cost of engaging specialist professional services to support the local planning authority in defending six planning appeals be released.

 

24.

Public Conveniences Refurbishment

The Council is requested to consider the report and its appendix as set out in pages 53 to 60 of the Cabinet papers for 11 July 2023 and make the following resolutions:

 

1.    That Cabinet recommends to Council to approves scheme A and releases from general fund reserves the additional budget of £152,000 as set out in Appendix one for the refurbishment of the public conveniences at Priory Park, East Beach, Bosham Lane and Market Road and the demolition of the Tower Street public conveniences.

2.    That Cabinet approves that the Tower Street public conveniences site is surplus to requirements and delegates authority to the Director of Growth and Place to progress alternative use or disposal of the site to achieve best value.

3.    That Cabinet approves the cost of demolition, if required, for the Tower Street public conveniences

4.    That Cabinet notes the revenue savings and anticipated improvements in energy efficiency as set out in paragraphs 7.3 and 9.2 as a result of the works

Minutes:

The Chair invited the Cabinet member for Growth and Place to present this item.

 

The Council discussed the issue of renovating the town as it would be uneconomic. Members also sked what lessons could be learnt to avoid any such disruption in the future specially regarding toilets in the town centre. Members enquired about modular toilets and what they could bring to the community.

 

RESOLVED:

 

1.    That Cabinet recommends to Council to release an additional £241,000 as set out in Appendix one from general reserve funds for the refurbishment of the public conveniences at Priory Park, East Beach Selsey, Bosham Lane and Market Road.

 

2.    That Cabinet accepts that the cost of refurbishment of the Tower Street, toilets are uneconomic and delegates authority to the Director of Growth and Place to progress options for the Tower Street site including for its demolition and the provision of a modern modular toilet and the reuse of the remainder of the site, with a full report to be brought back to Cabinet.

 

25.

Standards Committee - Independent Persons Renumeration pdf icon PDF 78 KB

To consider the following recommendations of the Standards Committee requiring the approval of the Council:

 

1.    That the Council authorises an annual payment of £500 to each appointed independent person from 1st April 2023.

2.    That the Council authorises that the payment for Mr Thompson be paid from 1st May 2022 in recognition of his carrying out the role for several years.

Additional documents:

Minutes:

RESOLVED:

 

1.    That the Council be authorised to make an annual payment of £750 to each appointed independent person from 1st April 2023.

 

2.     That the Council authorises that the payment for Mr Thompson be paid from 1st May 2022 in recognition of his carrying out the role for several years.

 

26.

Update on the Proposed Submission version of the Chichester Local Plan 2021 - 2039 pdf icon PDF 295 KB

The Council is requested to consider the report and appendix and to note the progress in relation to the processing of representations to the Regulation 19 consultation on the Proposed Submission Chichester Local Plan, and the timetable for submission to of the Plan for Examination and provides any comments.

Minutes:

The Chair invited the Cabinet Member for Planning to present this report.

 

Members enquired about the submission of the local plan to the inspector and if the plan could then be used for planning decisions. Cllr Brisbane esponded by stating that until the plan had been thoroughly examined, it would not hold a lot of weight. Officers added that once the plan is ready for formal examination the weight of the plan would increase.

 

Members noted concern about the infrastructure in parts of the plan area. Members noted that some wards had non-existent bus services and the medical centres. Members asked what steps were remaining before the Local Plan could be submitted.

 

RESOLVED:

 

1.    That progress be noted by the Council in relation to the processing of representations to the Regulation 19 consultation on the Proposed Submission Chichester Local Plan, and the timetable for submission of the Plan for Examination and provides any comments and continues to support the resolutions 5.2 and 5.3 made by the Council on the 24 January 2023 which will allow for the submission of the Local Plan for examination as soon as possible and the Director of Planning and the environment to make amendments as required to address matters raised in the representations.

 

 

 

27.

Body Worn Cameras pdf icon PDF 87 KB

The Council is requested to consider the report and its appendices and make the following resolutions;

 

1.    That the Council authorised officers set out in appendix 1 to wear body worn cameras when carrying out their duties

2.    That the Council authorises the Data Protection Officer to update the Council retention scheme to comply with the Home Office Surveillance Camera Code of Practice.

Additional documents:

Minutes:

The Chair invited Cllr Mark Chilton, Cabinet Member for Finance, Corporate Services and Chichester Contract Services and Nicholas Bennet, Divisional Manager of Legal and Democratic Services to present this report.

 

Members enquired about the length of time that any footage/date or pictures were retained by the officers who were wearing the cameras. Officers stated that several factors affected how long this would be including the equipment used and that they would follow any guidance from the Home Office Surveillance Code of Practice. Members asked about what training was available for individuals to comply with Code of practice and asked what the ramifications were for non-compliance. Officers stated that training was provided alongside equipment.

 

RESOLVED:

 

1.    That the Council authorised officers set out in appendix 1 to wear body worn cameras when carrying out their duties.

 

2.    That it be authorised by the Council that the Data Protection Officer update the Council retention scheme to comply with the Home Office Surveillance Camera Code of Practice.

28.

Questions to the Executive

Members are invited to ask a question of a member of the Executive (maximum of 30 minutes duration).

Minutes:

The following Questions to the Executive were asked with responses that followed:

 

Cllr Hamilton asked if a letter could be written to the local MPs, National Highways, and the minister in charge of roads to point out a serious discrepancy and ask when serious action would be taken regarding the A27 road. Cllr Moss explained that the A27 was a major challenge locally and stated that it was the responsibility of National Highways to bring forward any new proposals. Cllr Moss went on to clarify that in May this year, National Highways announced changes to the proposals and urged Cllrs to read the Route Strategy Initial Overview report Southcoast Central May 2023.

 

Cllr Evans stated that he was keen to find out what Chichester District Council’s stance on banning disposable vapes was as he felt it was the duty of the Council to protect the health of young people in the district. Cllr Bangert responded by stating that despite vapes helping people to give up smoking they can become a gateway drug to young people taking up smoking. This is due mainly to the fact that they are cheap and readily available. Cllr Bangert went onto state that vapes contain nicotine which is highly addictive. Cllr Bangert suggested that a line of communication be established between the waste disposal team at CDC to ensure that vapes are disposed of properly.

 

Cllr Sharp stated that emissions need to be reduced and clarified that that the Climate Change Committee requires the council to plan for a reduction in traffic. Cllr Sharp asked if road traffic could be considered when Cllr Moss writes to the local MPs and the National Highways. Cllr Moss replied and stated that the council need to come up with more sustainable transport solutions as per the Local Plan and reassured Cllr Sharp that this was a very important area of concern for the current administration.

 

Cllr Johnson stated that the state of the pavements is acting as an impediment to the regeneration of the district. Cllr Johnson went on to ask if a dialogue could be opened with West Sussex County Council to move this process forward. Cllr Moss explained that he met with the leader of West Sussex County Council, and they discussed the surface and if there was any clarity on that. Cllr Moss also stressed the importance of this issue and assured members that it was a very high priority.

 

29.

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:

There were no late items.

 

30.

Exclusion of the press and public

The Council is asked to consider in respect of agenda item numbers 15 and 16 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:

RESOLVED:

 

1.    The Council is asked to consider in respect of agenda item numbers 15 and 16 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.

 

31.

Allocation of Commuted Sums to Deliver Affordable Housing

The Council is requested to consider the report as set out in pages 37 to 40 of the Cabinet papers for 6 June 2023 and make the following resolution as set out in sections 2.1 and 2.2 of the report subject to recommendation by the Cabinet.

Minutes:

RESOLVED

 

That the recommendations as outlined in the exempt report be approved.

32.

Urgent Decision Notice - Leisure Centres

The Council is requested to note the Urgent Decision Notice relating to Chichester District Council (CDC) Leisure Contract Amendment with Sport and Leisure Management (SLM) Ltd for remaining contract term from 1 April 2023 until 30 April 2026.

Minutes:

RESOLVED

 

That the exempt Urgent Decision Notice be noted.