Agenda and minutes

The Council is requested to approve as a correct record the minutes of the meeting held on 21 May 2024.

RESOLVED

That the minutes of the Annual Council meeting held on 21 May 2024 be approved.

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

Cllr Apel noted that there would be one late item from the Monitoring Officer. 

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.

There were no declarations of interest.

Apologies for absence will be notified at this point.

The Chair will make any specific announcements.

Cllr Apel wished Cllr Donna Johnson a very happy birthday.

Cllr Apel then shared the sad news of Cllr Sharp’s loss and sent condolences to Cllr Sharp on behalf of the Council.

Cllr Apel then wished to thank the Elections team for their hard work for the recent General Election.

Cllr Apel then congratulated Andrew Griffith and Jess Brown-Fuller on being elected as local MP’s.

Cllr Apel also wished to thank those who attended her Chairs wine tasting event in aid of her Chairs charities.

Cllr Apel then outlined her attendance at the D-Day celebration on the beach at Selsey and at the Southbourne D-Day event where she had judged the childrens art competition. She also took the opportunity to thank the Vice-Chair Cllr Cross for covering several events in her absence. 

Members were then reminded of the 9.30pm guillotine.

Apologies for absence were then received from Cllr Boulcott, Cllr Brookes-Harmer, Cllr Chant, Cllr Newbery and Cllr Young.

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.

The following public question was received from Simon Oakley:

Noting CDC has submitted its new Local Plan, which in Policy A4 includes development principles for the Southern Gateway Bus Station, Bus Depot and Basin Road car park area, could you advise as to what steps have been taken to progress the redevelopment of these sites in order to provide credibility of delivery of this Policy, noting the high degree of public opposition to the redevelopment of the Bus Station and Depot?

Cllr Moss provided the response as follows:

Thank you for your question. We have been working on a regeneration strategy for the city and a report will be presented to Cabinet and Council in the autumn, which will include the Council’s plans for Southern Gateway Bus Station, Bus Depot and Basin Road car park.

Members are requested to consider the report and its appendix found on pages 1 – 43 of the Cabinet agenda for 15 July 2024 and make the following resolution:

That the Annual Report 2023-2024 be received by the Council.

Please note the recommendation proposed was correct at the time of going to print and may be subject to change by the Cabinet on 15 July 2024.

Cllr Moss proposed the recommendation which was seconded by Cllr Brown.

Cllr Moss then presented the item.

Cllr Briscoe noted that many good things had been achieved over the last year. He asked how a balanced budget could be claimed when £2 million has been spent from reserves. Cllr Moss welcomed the question. He noted concern when spending reserves. He explained that the council has always had to spend reserves during the course of a year. Many of the reserves link to the planning challenges. He welcomed all members to challenge the Cabinet when reserves are spent.

Cllr Brown added that sometimes money can be invested where income generation is expected in the future. He also noted that money is added to reserves.

Cllr Tim Johnson wished the national context to be taken into account.

In a vote the following resolution was agreed:

That the Annual Report 2023-2024 be received by the Council.

Members are requested to consider the report and its appendix found on pages 11-14 of the Cabinet agenda for 11 June 2024 and make the following resolutions:

That Council approves:

a)   the release of £420,000 from reserves to cover the cost of engaging specialist professional services to support the Local Planning Authority (LPA) in defending planning appeals, and;

b)   the release of £74,100 from reserves to provide a budget for external legal fees and professional services to enable the LPA to seek external legal advice and expert advice if necessary, during 2024/25.

Cllr Brisbane proposed the recommendation which was seconded by Cllr Moss.

Cllr Brisbane then presented the item.

Cllr Hobbs requested clarification of whether when the Planning Committee votes against the officers recommendation it costs the council more money at appeal. Cllr Brisbane explained that he felt that the Committee took officer advice on board. He noted the difficulties for the Committee during the period with an out of date Local Plan for housing delivery or five year housing land supply.

Cllr Tim Johnson asked that the impact on residents if decisions are overturned should be considered.

Cllr Todhunter requested members support the recommendation.

Cllr O’Kelly noted that he hoped this would deter speculative applications.

Cllr Brown spoke about his concerns of the national planning system.

In a vote the following resolutions were agreed:

That Council approves:

a) the release of £420,000 from reserves to cover the cost of engaging specialist professional services to support the Local Planning Authority (LPA) in defending planning appeals, and;

b) the release of £74,100 from reserves to provide a budget for external legal fees and professional services to enable the LPA to seek external legal advice and expert advice if necessary, during 2024/25.

Members are requested to consider the report and its appendix found on pages 45-48 of the Cabinet agenda for 15 July 2024 and make the following resolutions:

1.    A total budget of £814,000 be approved and allocated to the project using existing District Council funds. Being £440,000 from the Asset Replacement Programme, and £374,000 from General Fund Reserves.

2.    The total budget to be increased if partnership funding is secured to supplement the District Council funding at 2.1.1 of the report.

Please note the recommendations proposed were correct at the time of going to print and may be subject to change by the Cabinet on 15 July 2024.

Cllr Chilton proposed the recommendation which was seconded by Cllr Moss.

Cllr Chilton then presented the item.

Cllr Corfield welcomed the report.

Cllr Hamilton referred to the number of parishes in the district that cover the cost of their playparks. She noted that the report referred to Chichester only. Cllr Chilton noted that a number of playparks are the responsibility of the council. He explained that this exercise can help aid future changes to parish playparks.

Cllr Burkhart raised concerns that the sum requested was disproportionate to the other parish playparks. She also noted the work of volunteers maintaining other parish playparks. Cllr Chilton noted the hard work of volunteers. He explained that the quote is based on estimated current replacement costs. Cllr Burkhart requested further information about what the money will be spent on. Cllr Chilton confirmed that when there is a full breakdown it will be brought back to members. He offered to share the estimates if needed.

Cllr Brown explained that the sum requested is proportionate to the scale and number of playparks the council is responsible for. He explained it would be replacing like for like. He noted that it provides an inclusive space for children and young families. He also noted that smaller parish councils are able to apply for National Lottery funding.

Cllr Bangert welcomed the recommendations.  She emphasised the importance of accessibility of playparks.

Cllr Tim Johnson referred to a news article about councils who do not invest in playparks. He suggested looking at helping parishes work together to get better prices for play equipment. Cllr Chilton agreed to take that into consideration.

In a vote the following resolutions were agreed:

1. A total budget of £814,000 be approved and allocated to the project using existing District Council funds. Being £440,000 from the Asset Replacement Programme, and £374,000 from General Fund Reserves.

2. The total budget to be increased if partnership funding is secured to supplement the District Council funding at 2.1.1 of the report.

Members are requested to consider the report and its exempt Part II appendix found on pages 15-19 of the Cabinet agenda for 11 June 2024 and make the following resolution:

That Council approve Option 5 and releases from general fund reserves the amount of £206,206 as set out in the Part 2 Appendix for the provision of three direct access toilets with associated public realm improvements.

Cllr Desai proposed the recommendation which was seconded by Cllr Moss.

Cllr Desai then presented the item.

Cllr Tim Johnson noted that residents have canvassed for the continuation of the toilet facilities. Cllr Desai confirmed that toilets will return to the site.

Cllr Brisbane noted that the proposal will be permitted development. He requested that due to public interest the agreed plans be put on the public website as soon as possible. Mrs Hotchkiss explained that the design will be worked over the next few weeks and then placed on the website. Mr Frost added that the Planning Committee delegated the decision to officers. He noted that the revised plan had been submitted. The application had therefore been republicised. The recommendation is to grant subject to no reason to refer back to the Planning Committee. With regard to the redevelopment fulfilling certain conditions it is likely it will be permitted development not requiring any further approval from the council.

In a vote the following resolution was agreed:

That Council approve Option 5 and releases from general fund reserves the amount of £206,206 as set out in the Part 2 Appendix for the provision of three direct access toilets with associated public realm improvements.

Members are requested to consider the report and its appendix found on pages 49-67 of the Cabinet agenda for 15 July 2024 and make the following resolution:

That Council approves the revised Local Development Scheme.

Please note the recommendation proposed was correct at the time of going to print and may be subject to change by the Cabinet on 15 July 2024.

Cllr Brisbane proposed the recommendation which was seconded by Cllr Moss.

Cllr Brisbane then presented the item.

Cllr Hickson requested a point of clarification from the report. With regard to the reference to 1050 dwellings she explained that as the number of planning permissions are granted the figure goes down so it now stands at 823 dwellings. She noted that in turn the ability to deliver large scale infrastructure goes down. She requested that the figure on page 62 should be footnoted to indicate the reducing figure. Cllr Brisbane noted the comment.

In a vote the following resolution was agreed:

That Council approves the revised Local Development Scheme.

Members are requested to formally note the Overview and Scrutiny Committee Annual Report (attached to the agenda pack) as recommended by the Overview and Scrutiny Committee. The Work Programme appendix to the report will follow.

Cllr Donna Johnson proposed the recommendation which was seconded by Cllr Burkhart.

Cllr Donna Johnson then presented the item. She explained that due to the General Election the last meeting had been postponed. She wished to thank all members of the Overview and Scrutiny Committee (OSC). She noted that it plays an important role in shaping policy and decision making. She welcomed members to raise issues that they would like OSC to discuss. She also noted that members of Cabinet, officers and members of other organisations can be requested to attend.

Cllr Hickson asked why the council had received the report before the Committee. Mrs Rudziak explained that the General Election had caused the delay. She added that if members wished to make any changes they could request that at the next Committee.

Cllr Moss wished to note the importance of OSC. He explained it gives the opportunity for all members to have a voice.

Cllr Quail suggested in light of Cllr Hickson’s comment that the item be deferred to the next meeting of the Full Council. Mrs Shepherd explained that it is for noting only and a deferral would not be necessary. She reiterated that members could add comments to be circulated at the next OSC.

Cllr Tim Johnson clarified that the process had always been that the Chairs report comes through to the Council. He emphasised that it is in the remit of the Chair of the Committee.

In a vote the following resolution was agreed:

That the Council formally note the Overview and Scrutiny Committee Annual Report and its Work Programme Appendix.

The Monitoring Officer will provide a verbal update.

Mr Bennett, the Monitoring Officer provided the following update from the last Standards Committee. He explained that at the last Committee in June a new set of arrangements were approved following a Task and Finish Group. He confirmed that the new arrangements will come forward to Full Council for adoption. He also noted that the Committee agreed to look at how Standards information appears on website. Once all the work has been completed the results will be brought to the September Council. If other members wish to be involved they were invited to do so.

Cllr Vivian thanked Cllr Briscoe and Cllr Corfield for sitting on the Task and Finish Group.

Cllr Apel noted the update on behalf of the Council.

The Council is requested to consider the report (attached) and the appendix (to follow) and make the following resolution:

That Council notes this report and approves the addition of the Enforcement Warning Notice [EWN] to the responsibilities and functions within Development Management that are delegated to the Director of Planning and the Environment as set out in The Constitution.

Cllr Brisbane proposed the recommendation which was seconded by Cllr Moss.

Cllr Brisbane then presented the item.

Cllr Brisbane proposed the recommendation which was seconded by Cllr Moss.

Cllr Brisbane then presented the item.

Cllr Burkhart sought clarification on whether the issuing of an EWN would result in the automatic granting of planning permission. Cllr Brisbane explained that it is not implicit that planning permission would be granted. Cllr O’Kelly explained that the EWN is made because there has been a breach. If it is unreasonable it does not mean that planning permission will be granted. Cllr Quail asked if it would speed up enforcement. Mr Frost confirmed that is the case. Cllr Brown added that it is formalising what is already in place.

Cllr Briscoe referred to section 4.2 of the report and the use of the word ‘reasonable’. Cllr Todhunter explained the wording had been taken directly from the Legislation.

In a vote the following resolution was agreed:

That Council notes this report and approves the addition of the Enforcement Warning Notice [EWN] to the responsibilities and functions within Development Management that are delegated to the Director of Planning and the Environment as set out in The Constitution.

The Monitoring Officer will provide a verbal update.

Mr Bennett, the Monitoring Officer provided the following update on Outside Body Appointments:

That the Western Sussex Hospitals NHS Trust Councils of Governors Outside Body appointment is no longer be required. Cllr Donna Johnson who was appointed was made aware. This would now be removed.

Cllr Apel formally noted the update on behalf of the Council.

The Council is requested to note the Urgent Decision Notice relating to the Local Plan.

On behalf of the Council Cllr Apel formally noted the Urgent Decision Notice relating to the Local Plan.

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

The following questions to the Executive were received:

Cllr Tim Johnson asked the Leader Cllr Moss what he hoped to achieve in his second year. He suggested that the council should address being in the top 20 clean air councils in line with the council’s Climate Emergency declaration. Cllr Moss noted that the climate is a top priority along with the regeneration of the city and moving forward Southern Gateway plans. He then added the priority of housing and unintentional homelessness and provision of sites to avoid housing people in bed and breakfasts. Cllr Brown added that there is the ongoing Climate Emergency Action Plan Consultation with almost a record number of responses. He explained that projects will emerge after that Consultation. He noted that some things are outside of the Council’s control. Cllr Tim Johnson asked if the council could work out why it is not in the top 20. Cllr Brown explained that the focus should be to reduce emissions rather than comparing ratings with other councils.

Cllr Donna Johnson asked a question to Cllr Brisbane with regard to the possible use of an Article 4 Direction to withdraw permitted development rights from employment to housing. She raised concerns about the issues it is causing in her ward. She asked for guidance on the council’s criteria. Cllr Brisbane referred to Mr Frost. He explained that with regard to withdrawing permitted development rights in certain areas the council would need to demonstrate a significant level of harm. He suggested looking at this further with Cllr Donna Johnson with officers. Cllr Moss thanked Cllr Donna Johnson for bringing the question forward. Cllr Brisbane noted that the Secretary of State has to approve Article 4 Directions. Cllr Donna Johnson welcomed the opportunity to discuss further. She requested that a consistent approach be reached.

Cllr Hamilton raised a question relating to Air BnB’s which Cllr Brown-Fuller agreed to take off line as it was more appropriate to discuss in her role as MP. Cllr Potter also commented. Cllr Brown explained that additional tax on second homes policy will be considered at a future Cabinet meeting.

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.

There was one late item from the Monitoring Officer.

Mr Bennett explained that with reference to Cllr Sharp at times where there are needs for absence of a councillor a leave of absence can be granted by Full Council in line with Section 85.1 of the Local Government Act. He asked in relation to Section 85.1 of the Local Government Act that the Council grants Cllr Sharp permission for a further two months absence.

The Chair sought a show of hands and the proposal was agreed unanimously.

RESOLVED

That Cllr Sarah Sharp be granted a further two months leave of absence from the 16 July 2024.

The Council is asked to consider in respect of the appendix to agenda item 9, agenda items 19, 20, 21 and 22 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).

Cllr Moss proposed the Council went into Part II in relation to items 19, 20, 21 and 22. This was seconded by Cllr Brown.

In a vote the following resolution was agreed:

RESOLVED

That with regard to agenda items 19, 20, 21 and 22 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.

The Council is requested to note the Part II Urgent Decision Notice.

On behalf of the Council Cllr Apel formally noted the Exempt Part II Urgent Decision Notice.

The Council is requested to note the Part II Urgent Decision Notice.

On behalf of the Council Cllr Apel formally noted the Exempt Part II Urgent Decision Notice.

Members are requested to consider the exempt report and its exempt appendix found on pages 123-127 of the Cabinet agenda for 15 July 2024 and make the resolutions as set out in the report.

Please note the recommendations proposed were correct at the time of going to print and may be subject to change by the Cabinet on 15 July 2024.

Cllr Brown proposed the recommendation which was seconded by Cllr Moss.

Cllr Moss then presented the item.

There were no questions.

In a vote the resolutions as set out in section 2.1 of the report be agreed.

RESOLVED

That the resolutions as set out in section 2.1 of the report be agreed.

Members will receive a recommendation/s from the Corporate Governance and Audit Committee held on Monday 15 July 2024 as detailed in the Part II supplement to the Corporate Governance and Audit Committee agenda pack provided in part II to members and senior officers only.

Cllr Bates proposed the recommendation which was seconded by Cllr O’Kelly.

Cllr Bates then presented the item.

Cllr Brown asked a question relating to posts. A response was provided by Mr Ward.

In a vote the following resolutions as set out in sections 2.1.1, 2.1.2, 2.1.3 and 2.14 of the report were approved.

RESOLVED

That the resolutions as set out in sections 2.1.1, 2.1.2, 2.1.3 and 2.1.4 of the report be agreed.