Agenda and minutes

The Chairman will take the Chair, make the declaration of acceptance of office and be invested with the chain of office.

DECISION:  That Councillor John Kirkman be elected Chairman of the District Council until the next annual meeting of the Council.

 

It was proposed by Councillor Thompson and seconded by Councillor Mrs Neal that Councillor John Kirkman be Chairman of the Council for the ensuing year.  Councillor Thompson spoke in support of Councillor Kirkman, referring to his previous two terms of office as Mayor of Bourne, his service as a member of both the Lincolnshire County Council and this authority.  His keen grasp of financial matters would ensure that the Council continued to operate prudently.  Councillor Thompson expressed the view that a Chairman’s greatest asset was his or her Consort and, with Mrs Jean Kirkman as Chairman’s Lady, Councillor Kirkman had that support.  Councillor Mrs Neal made mention of Councillor Kirkman’s integrity and honesty commending him to the Council as a man of principle.

 

Councillor Mike Williams then voiced the view of the Labour group who felt the Chairmanship should be rotated amongst the groups represented on the Council.  He therefore proposed Councillor Vic Kerr as Chairman of the Council.  This was seconded by Councillor Avril Williams who spoke about Councillor Kerr’s reputation for being an honest, competent, straight forward man who was a committed Councillor.

 

In view of there being two candidates for the position of Chairman, it was moved and seconded that in accordance with council procedure rule 23.1, standing orders be suspended for this item only to permit voting on the election of Chairman to be taken by show of hands.  A vote in this manner resulted in 30 votes for Councillor Kirkman and 14 votes for Councillor Kerr.

 

Councillor Kirkman was duly invested with the chain of office, made a declaration of acceptance of office and took the chair.  He thanked those who had supported him and expressed regret that it had been a contested election.  The new Chairman stated he took pride in his Lincolnshire roots and pledged to support South Kesteven District Council in his new role with the assistance from his wife, Mrs Jean Kirkman.

 

 

COUNCILLOR JOHN KIRKMAN IN THE CHAIR

After the vote of thanks, the Chairman will make a presentation to the retiring Chairman.  The retiring Chairman will then respond.

A vote of thanks was made to the retiring Chairman, Councillor Graham Wheat, by Councillor Mike Taylor.  The Chairman was then presented with a portrait of himself by local artist Terry Shelborne as a gift from the Council.  Councillor Wheat spoke briefly about his year of office which had been an eventful one.  He acknowledged the support he had received from all sections of the Council and from members of all political groups.  He stated that the office of Chairman was one in he had been proud to serve and publicly thanked his wife, Councillor  Mrs Mary Wheat and Mrs Margery Radley who had also acted as his consort when Mrs Wheat had been unavailable.  Councillor Wheat then presented Mrs Viv Wyatt with a token of thanks for her assistance with his secretarial support.

The Vice-Chairman will make the declaration of acceptance of office and be invested with the Vice-Chairman’s medallion.

DECISION: That Councillor Gerald Taylor be appointed Vice-Chairman of the Council until the next annual meeting of the Council.

 

It was proposed by Councillor Conboy and seconded by Councillor Norman Radley that Councillor Gerald Taylor be Vice-Chairman of the District Council for the ensuing year.  Councillor Conboy referred to Councillor Taylor’s career in the RAF and his subsequent career as a teacher of mathematics.  Councillor Taylor had also served as a Cabinet member.

 

A further nomination of Councillor Vic Kerr was proposed by Councillor Mike Williams and seconded by Councillor Yvonne Gibbins.

 

Again, in view of there being two candidates for the position of Vice-Chairman, it was moved and seconded that in accordance with council procedure rule 23.1, standing orders be suspended for this item only to permit voting on the election of Vice-Chairman to be taken by show of hands.  A vote in this manner resulted in 30 votes for Councillor Taylor and 14 votes for Councillor Kerr.

 

Councillor Gerald Taylor made a declaration of acceptance of office.

Apologies for absence were received from Councillors Bisnauthsing, Burrows, Craft, Neil Dexter, Hewerdine, Mrs Kaberry-Brown, Morris, O’Hare, Mrs Percival, and Waterhouse.

 

The Chairman informed the meeting that both Councillor Burrows and Councillor Neil Dexter were currently back in hospital.  Councillor Mrs Dexter said that her husband’s recent operation had been successful but he had subsequently become very weak and had been admitted to Leicester General hospital for investigation.

 

It was agreed that letters be sent on behalf of the Council to both members conveying best wishes for a speedy recovery.

Members are asked to declare any interests in matters for consideration at the meeting.

There were no declarations of interest made.

Minutes of the Meetings held on:

            24^th February 2005                                                               (Enclosure)

            28^th February 2005                                                               (Enclosure)

The minutes of the meetings held on 24^th February and 28^th February 2005 were confirmed as correct records subject to Councillor Mrs Jalili’s attendance at the meeting on 28^th February being recorded.

                                                                                                (Enclosure)

The Chairman reminded members who had not yet done so to return the forms indicating their preferred dates for training to the Training & Development Manager.

DECISION: That Councillor Mrs Linda Neal be elected as Leader of the District Council for the ensuing municipal year.

 

It was proposed by Councillor Lovelock and seconded by Councillor Bryant that Councillor Mrs Linda Neal be elected as Leader of the District Council.

 

A member expressed his view that he felt it was important for a Leader to be dynamic and carry the authority forward.  He stated he was not happy with the way in which the council had performed over the last few years, mentioning that he considered that the scrutiny panels had been largely ignored and there should be a shadow cabinet.  He outlined the areas in which he considered the Council had failed to perform and expressed the opinion that the authority needed someone who was prepared to take a grasp of the situation and move the Council forward.  No other nominations for Leader were forthcoming.

DECISION:

 

(1)      To agree that the Cabinet shall comprise the Leader and six Cabinet seats;

(2)      To note the following membership of the Cabinet and their respective portfolio responsibilities as set out in the Chief Executive’s report CEX281 (previously considered by the Council at its meeting on 24^th February 2005):

 

Portfolio responsibility                                  Cabinet Member

 

Economic Development                        Councillor John Smith

 

Community Safety Councillor Peter Martin-Mayhew

                                                                        (Deputy Leader)

 

Healthy Environment                           Councillor Ray Auger

 

Access and Engagement                          Councillor Paul Carpenter

 

Resources and Assets                             Councillor Terl Bryant

 

Organisational Development            Councillor Mrs Frances Cartwright

 

Strategic Partnerships                          Councillor Mrs Linda Neal

Report number CEX285 by the Chief Executive.                  (Enclosure)

DECISION:

 

(1)   To approve the following overall allocation of seats on decision making committees to ensure political balance:

 

            Administration            31

            Labour                    10

            Independent                       7

            New Independent                  5

            Liberal Democrat                 4

 

(2)   To approve the following allocation of seats on panels and committees:

                     Dev. Control      Licensing         Const.

                                                                  & A/cs

 

Adminstration                 9                        6                       3

Labour                                3                        2                       1

Independent                                  2                        1                       1

New Independent                      2                        2

Liberal Democrat                  1                      1

 

 

      Econ.    Com.     Com. &   Env.       Cap.

      & Cultural                 Eng’mt                & Res

 

Admin.            5            5                    5                      5                      5

Labour           1            2                    2                      2                        1

Independent            1                      0                      2                      1                      1

New Ind.          1            1                    0                      1                      1

Lib Dem          1            1                    0                      0                      1

 

In his report CEX285 the Chief Executive reported that he had received notificationfrom Councillor Hewerdine that he had left the Independent Group and joined the New independent Group.  Councillor Mrs Woods and notified him that she had joined the Independent Group.  On 28^th February 2005, Councillor Paul Genever had resigned from the Council.  The Chief Executive summarised the implications of these group changes upon the composition of the Council.

Report number CEX288 by the Chief Executive.            (Enclosure)

DECISION: That the contents of the Corporate Governance report on Lincolnshire County Council and the issues this raises for South Kesteven DC be referred to the relevant Development and Scrutiny Panel for detailed discussion and then to the Cabinet for conclusion and recommendation.

 

Members had before them theChief Executive’s report number CEX288 which summarised key aspects arising from the Audit Commission’s report on the County Council from which he suggested a number of important lessons could be learnt by this authority.  He acknowledged that the report did not make comfortable reading and challenged several long held assumptions and beliefs.

 

It was proposed and seconded that the report be referred to the relevant DSP and the Cabinet before the Council reaches any firm conclusions and recommendations for action.    A member expressed concern that he did not see why this document should not be discussed at this meeting.  He suggested it raised issues of fundamental importance, not just about Council policy but about democracy.  The Council had two options; either to learn lessons in good spirit and good time or not to do that which would lead the community in painful struggle.  He moved that the report be discussed at this meeting but the motion failed to find a seconder.  After a member had commented on the training issues referred to in the report, a vote was taken on the motion to refer the matter to the DSP and Cabinet.        

Report number CEX286 by the Chief Executive.                  (Enclosure)

DECISION:

 

(1)   To approve the revision of the remits and names of the five Development and Scrutiny Panels to accord with the Cabinet portfolios and the Council’s ambitions;

(2)   To approve the following appointments to the re-named panels and other committees of the Council and the Chairmanships and Vice-Chairmanships as indicated below:

 

          Development Control Committee

 

          Councillor Chivers

          Councillor Neil Dexter

          Councillor Fines (Vice-Chairman)

          Councillor Helyar

          Councillor Howard

          Councillor Mrs Jalili

          Councillor Kerr

          Councillor Parkin (Chairman)

          Councillor Pease

          Councillor Mrs Percival

          Councillor Norman Radley

          Councillor Sandall

          Councillor Turner

          Councillor Stokes   

          Councillor Waterhouse

          Councillor Avril Williams

          Councillor Mike Williams

 

          Licensing Committee

 

          Councillor Mrs Bosworth

          Councillor Mrs Gaffigan

          Councillor Howard

          Councillor O’Hare

          Councillor Parkin

          Councillor Mrs Percival

          Councillor Norman Radley

          Councillor Turner (Vice-Chairman)

          Councillor Graham Wheat

          Councillor Mary Wheat (Chairman)

          Councillor Mike Williams

 

          Constitution & Accounts Committee

 

          Councillor Lovelock (Vice-Chairman)

          Councillor Martin-Mayhew

          Councillor Mrs Neal (Chairman)

          Councillor Mike Williams

          Councillor Wilks

 

          Standards Committee

 

          Councillor Lovelock

          Councillor Wilks

          Councillor Mike Williams

 

          Economic Development & Scrutiny Panel

 

          Councillor Joynson

          Councillor Mrs Kaberry-Brown

          Councillor Nicholson (Chairman)

          Councillor Pease

          Councillor Selby

          Councillor Mrs Smith

          Councillor Stokes

          Councillor Thompson (Vice-Chairman)

          Councillor Mrs Woods

 

          Community Development & Scrutiny Panel

 

          Councillor Bisnauthsing

          Councillor Mrs Bosworth (Chairman)

          Councillor Hewerdine

          Councillor Mrs Gaffigan (Vice-Chairman)

          Councillor Gibbins

          Councillor Sandall

          Councillor Mrs Smith

          Councillor Gerald Taylor

          Councillor Mrs Mary Wheat

 

          Engagement Development & Scrutiny Panel

 

          Councillor Burrows

          Councillor Craft

          Councillor Conboy

          Councillor John Hurst

          Councillor Kerr

          Councillor Nadarajah (Vice-Chairman)

          Councillor Norman Radley

          Councillor Mike Taylor (Chairman)

          Councillor Mike Williams

 

          Healthy Environment Development & Scrutiny Panel

 

          Councillor Miss Channell

          Councillor Craft (Vice-Chairman)

          Councillor Fisher

          Councillor Helyar

          Councillor Fereshteh Hurst

          Councillor Pease

          Councillor Mrs Marjory Radley

          Councillor Waterhouse (Chairman)

          Councillor Avril Williams

 

          Resources Development & Scrutiny Panel

 

          Councillor Conboy

          Councillor Mrs Dorrien Dexter

          Councillor Fines

          Councillor Kirkman (Vice-Chairman)

          Councillor Lovelock (Chairman)

          Councillor Morris

          Councillor O’Hare

          Councillor Gerald Taylor

          Councillor Wilks

 

In his report number CEX286 the Chief Executive reminded members that at the last meeting of the Council an agreement was made in principle to revise the remits and names of the DSPs so that they accorded with both the proposed Cabinet portfolios and the authority’s stated ambitions.  Taking into account the seat changes agreed in minute 10, the Council was asked to confirm the new names and remits of the DSPs and appoint members to these panels and other committees of the Council and to elect Chairmen and Vice-Chairmen.

 

A list of the current memberships was circulated at the meeting to which the Leader and the Labour Group put forward amendments.  Subject to these amendments, the Leader then moved the memberships en bloc. Upon being put to the vote, the memberships were carried.

 

The Leader then proposed names for the Chairmanships and Vice-Chairmanships (written details of which were circulated at the meeting by the Leader) of the panels and other committees of the Council which received a seconder.

 

An opposition member expressed strong concern that the proposed Chairmanships and Vice-Chairmanships had been awarded disproportionately to the Administration and the New Independent Group.  He suggested that this did not respect the notion  ...  view the full minutes text for item 12.

                                                                                                (Enclosure)

DECISION: In accordance with Council procedure rule 1.1 (x) that the meetings of the Council and Committees for 2005/06 be held in accordance with the draft programme as submitted.

 

The Chief Executive  submitted a draft timetable for future meetings during the forthcoming municipal year, copies of which had previously been circulated to members.

            (1) To consider nominations for yearly appointments on the following

         Outside Bodies (previous representatives shown in italics)

 

East Midlands Regional

Local Government Association                   -           The Leader (Councillor

(EMRLGA)                                                                 Mrs Linda Neal)

 

 

East Midlands Regional Assembly-           The Leader (Councillor

                                                                                                Mrs Linda Neal)

 

The EMRLGA are also seeking expressions of interest for:

 

·        The EMRLGA Employment Forum Steering Group

·        The EMRLGA Executive Committee

 

Local Government Association:                  -           The Leader or Deputy Leader

General Assembly                                                     in his/her absence

 

Local Government Association:                  -           Councillor Terl Bryant*

Rural Commission                                                    (as Community Affairs Portfolio

                                                                                                holder)

                                                                                                Councillor John Hurst

*Councillor Terl Bryant to hold the voting rights

         

 

(2)     Health Scrutiny Committee, Lincolnshire County Council.

 The Council to appoint a representative for this authority on the

County Council’s scrutiny body of the health service.

 

(3)     South Kesteven Race Equality Forum

Report number HR&OD77 by the Corporate Manager, Human

Resources & Organisational Development.                                                   

                                                                                                 (Enclosure)

 

DECISION:

 

(1)   To confirm the following annual appointments:

 

East Midlands Regional

Local Government Association 

(EMRLGA)                                                    -            The Leader

                                                (Councillor Mrs Linda Neal)

 

East Midlands Regional Assembly            -            The Leader

                                                (Councillor Mrs Linda Neal)

 

Local Government Association:            -            The Leader or

General Assembly                                                     Deputy Lead in his/her

                                                absence

 

Local Government Association:            -            Councillor Peter Martin-

Rural Commission            Mayhew (as Portfolio holder)*

                                                Councillor Bryan Helyar

 

*Councillor Martin-Mayhew to hold the voting rights.

 

Expressions of interest for:

EMRLGA Employment Forum                        -            Councillor John Smith

Steering Group

 

EMRLGA Executive Committee            -The Leader (Councillor Mrs Neal)

 

(2)   That Councillor Mrs Marjory Radley be appointed to represent this authority on the Lincolnshire County Council Health Scrutiny Committee;

 

(3)   That the following members be appointed to the South Kesteven Race Equality Forum:

 

   Councillor Gibbins

   Councillor Helyar

   Councillor Kirkman

   Councillor Nadarajah

 

On behalf of the Adminstration, the Leader put forward nominations for the annual appointments to the East Midlands Regional Local Government Association and Local Government Association positions.  An amendment was proposed and seconded that Councillor John Hurst remain as one of the two representatives on the Local Government Association Rural Commission.

 

A call for a recorded vote on the amendment was supported in accordance with Council procedure rule 16.4.

The names of members voting either for, against or abstaining from the amendment are recorded below:-

 

              FOR               AGAINST     

 

                                          Councillor Auger

Councillor Mrs Gaffigan                                                  Councillor Mrs Bosworth

Councillor Gibbins                                                          Councillor Bryant

Councillor Fereshteh Hurst                                                               Councillor Carpenter

Councillor John Hurst                                                      Councillor Mrs Cartwright

Councillor Howard                                                          Councillor Chivers

Councillor Mrs Jalili                                                         Councillor Conboy

Councillor Joynson                                                          Councillor Fines

Councillor Kerr                                                                Councillor Fisher

Councillor Wilks                                                              Councillor Helyar

Councillor Avril Williams                                                Councillor Kirkman

Councillor Mike Williams                                                         Councillor Lovelock

Councillor Wood                                                             Councillor Martin-Mayhew

Councillor Mrs Woods                                                    Councillor Nadarajah

                                          Councillor Mrs Neal

                                          Councillor Nicholson

                                          Councillor Parkin

                                          Councillor Pease

                                          Councillor Mrs Radley

                                          Councillor Norman Radley

                                          Councillor Sandall

                                          Councillor John Smith

                                          Councillor Mrs Smith

                                          Councillor Stokes

                                          Councillor Gerald Taylor

                                          Councillor Mike Taylor

                                          Councillor Thompson

                                          Councillor Turner

                                          Councillor Graham Wheat

                                          Councillor Mrs Mary Wheat

                                                       

 

13                                                    30

 

1 ABSTENTION – Councillor Miss Channell

 

The amendment was lost.  A further vote was taken on the original motion which was carried.

 

The Chairman then called for nominations to the Lincolnshire County Council Health Scrutiny Committee.  Councillor Mrs Marjory Radley was proposed and seconded.  As an amendment, Councillor Howard was proposed and seconded. Members were asked to vote for one candidate.  Councillor Mrs Radley received the higher number of votes (30).

Nominations were sought for four positions on the newly constituted South Kesteven Race Equality Forum.  A report number HR&OD77 by the corporate Manager Human Resources & Organisational Development had been circulated with the agenda setting out the background to the formation of this group which represented part of the consultation arrangements within the Council’s recently adopted Generic Equality Scheme.  Six nominations were submitted. The Chairman advised members that each Councillor was permitted up to four votes; the candidates receiving the four highest number of votes would be appointed. The candidates and the number of votes each received are recorded below:

 

Councillor  ...  view the full minutes text for item 14.

(1)  By Councillor Stephen O’Hare

 

“That this Council RESOLVES

 

1.  that there will with immediate effect be no charge to any resident for dealing with an infestation of rats in their house (residence) or garden within the area of SKDC

 

AND

 

2.  that the cost of this in the current financial year ending 31.3.2006 be a charge on the financial reserves.

 

(2)  By Councillor Stephen O’Hare

 

That as

 

1. The Audit Commission report on Housing Services of SKDC will be publicly available only after the 16^th May 2005
2. Even those Councillors who have seen a draft of the Audit Commission report are prohibited from referring to it publicly
3. The terms of the draft report as they relate to Affordable Housing are very clear
4. Councillors will only be able to refer to the precise contents of the Audit Commission draft report today the 28^th April 2005 if they do so behind closed doors
5. That to refer to the precise contents of the draft report behind closed doors Councillors will have to vote to kick out and exclude the press and public,

 

This Council RESOLVES that no decisions on Housing issues are taken by this Council until the Audit Commission report is published and available to the public on or about the 16^th May 2005.

The Chief Executive advised that Councillor O’Hare, who had proposed two notices of motion, was absent from the meeting.  As there was no specific provision in the Constitution regarding whether a motion could be put in the absence of the mover, the motions would be held over until the next Council meeting on 26^th May 2005.  The Chairman informed members that the Chief Executive had advised Councillor O’Hare to amend the wording of his first motion in order to comply with Council procedure rules.

Report number CAB1 by the Leader on behalf of the Cabinet.

                                                                                                            (Enclosure)

DECISION:

 

(1)       To adopt the targets set within the Chief Executive’s report number CEX283 for both Affordable Housing and Recycling;

(2)       That the classification for Affordable Housing be reconsidered at a future date.

 

On behalf of the Cabinet, the Leader presented report number CAB1 which explained that following the Cabinet’s careful consideration of the Chief Executive’s report number CEX283, the outcome of the residents’ survey, and comments from all the DSPs, it had come to the conclusion to concur with the revised targets for Affordable Housing and Recycling.  The Cabinet also recommended that Affordable Housing remain a Category B priority but that this status be subject to future review.  The Cabinet’s recommendations were seconded.

 

An amendment was proposed and seconded that Affordable Housing be moved to a Category A priority as the outcome of the recent Housing Inspection had indicated that the Council’s progress to date represented a step change.  In support of the amendment, a member stated that, at the very least, moving this issue to a Category A priority was symbolically important for those in the community living without homes.  The Chief Executive was asked what was the definition of Affordable Housing.

 

The Chief Executive responded by stating there was no statutory definition of the term; it was up to local housing authorities to determine their definition and then implement it through its housing policy.  South Kesteven’s definition lent towards properties managed by social landlords.  Asked for clarification on what the Inspectors’ regarded as a step change, the Chief Executive emphasised that the Audit Commission’s report into the Council’s Housing Service was not yet in the public domain.  He could therefore only refer to what they said in their de-briefing; the comments made in relation to step change were only in relation to targets already written, not those proposed.

 

The Leader commented that the Cabinet had made its decision having considered the representations of the DSPs and the information before it.  Whether Affordable Housing was a category A or B priority would not prevent the Council providing every unit of affordable housing it possibly could.  She stressed that, ahead of the publication of the Audit Commission’s report, it would be inappropriate to re-classify this issue.

 

A vote was taken on the amendment which was lost.  A further vote on the original motion was carried.

The Cabinet to recommend the formal adoption of the above policy document.  A copy of the Cabinet minute from its meeting held on 4^th April 2005 is attached.

                                                                                                            (Enclosure)

 

[The draft Anti-Social Behaviour & Enforcement Policy and appended documents was circulated with the Cabinet agenda for the meeting held on 4^th April 2005.  A copy can be accessed via the “Local Democracy” link on the Council’s website www.southkesteven.gov.uk  or by contacting the Member Services Manager.]

DECISION: To adopt the South Kesteven District Council Anti-Social Behaviour and Enforcement Policy and to note that new policy initiatives will be referred to the Cabinet.

 

The Director of Community Services introduced this policy document which the Cabinet had endorsed at its meeting held on 4^th April 2005.  It represented the Council’s duty under Section 17 of the Crime & Disorder Act to have a corporate response to crime and disorder issues.  The document had also been fully supported by the Crime and Disorder Reduction Partnership at its meeting held on 6^th April 2005.

 

A member stated that an important question on this issue was “Who Cares?”. He referred to a play that was being put on in the Guildhall Arts Centre the next day by young people on the subject of anti-social behaviour.  He urged all members to go and see the play.  These comments were endorsed by another member who expressed the opinion that all members should go out into the community to understand what was going on; this was the only way in which informed decisions could be made.  The Director was asked if a flow chart could be produced to assist members in responding to questions on this issue.  He was also asked how the policy would enable the Council to make a step change in this category A priority.

 

The Director replied that a flowchart would be part of the detailed action plan which followed this document.  There were two aspects to achieving the step change.  Firstly, activities to engage young people such as referred to earlier involving arts and leisure, and secondly, the tougher enforcement element such as the application of anti-social behaviour orders.  The adoption of the policy was so moved and seconded and carried following a vote.

Report number DLS35 by the corporate manager, Democratic & Legal Services.                                                                                            (Enclosure)

DECISION:

 

(1)   The Head of Waste and Contract Services be included as an authorised officer for the purposes of the enforcement of litter, waste and dog fouling in respect of the following statutes:

 

The Environmental Protection Act 1990

The Refuse Disposal (Amenity) Act 1978

Dogs (Fouling of Land) Act 1996

 

(2)   The Head of Waste and Contract Services be authorised to designate in writing any other officers that are to be authorised by the Council to enter premises for these various statutory purposes and also to act in respect of the enforcement of the various statutory provisions relating to waste, dog fouling and fly tipping within these statutes.

 

Members had before them report number DLS35 by the Corporate Manager, Democratic & Legal seeking amendments to the delegations to officers listed in the Constitution in order to reflect operational changes concerning the enforcement of dog fouling, fly tipping and litter legislation. The amendments were so moved and carried following a vote.

Report number DLS34 by the Corporate Manager, Democratic & Legal Services.                                                                                            (Enclosure)

DECISION: To agree the following amendments to the Constitution:

 

(1)   That a written response where information is available be given to questions without discussion prior to the Council meeting.  Supplementary questions to be allowed.  Any questions that cannot be answered at the meeting to be forwarded to the relevant DSP for discussion and a full answer supplied for the next Council meeting;

(2)   The main debate be removed from the Constitution;

(3)   Rule 16 (c) of the Overview and Scrutiny Procedure Rules be amended to read:

 

“During that period, the proper officer shall call-in a decision for scrutiny by the panel if so requested by the Chairman or any five members of the Council from any political group(s). No one member shall request more than three call-ins in any one municipal year.  The proper officer shall notify the decision-taker of the call-in.  He/she shall call a meeting of the panel on such a date as he/she may determine, where possible after consultation with the Chairman of the panel, and in any case as soon as possible after the meeting.”

 

The Leader presented the recommendations of the Constitution & Accounts Committee as contained within the Corporate Manager, Democratic & Legal Services’ report number DLS34.  These recommendations were made in order to help reduce the length of Council meetings.

 

The three amendments were voted upon separately.  The vote on the proposal to provide written responses to questions without discussion where information is available resulted in an equality of votes.  The Chairman used his casting vote in favour of the motion.

Report number DLS24 by the Corporate Manager, Democratic & Legal Services.                                                                                            (Enclosure)

DECISION:

 

(1)   The following functions be added to the Development Control Committees’ remit:-

 

“Functions relating to high hedges pursuant to Part 8 of the Anti-Social Behaviour Act 2003.”

 

(2) The following powers be delegated to the Development Control Services Manager:-

 

(i)                 to deal with all complaints in relation to high hedges made pursuant to Part 8 of the Anti-Social Behaviour Act 2003 and any regulations issued thereunder;

 

(ii)               to authorise persons to exercise the power of entry pursuant to Section 74 and 77 of the Anti-Social Behaviour Act 2003.

 

(3)   That a member panel of not less than three members be created to determine complaints requiring a hearing pursuant to Part 8 of the Anti-Social Behaviour Act 2003.  The member panel to be drawn from members of the Development Control Committee.

 

(4)   That the Council recommends to the Cabinet that it determines the maximum fee for dealing with High Hedge complaints under Section 68 of the Anti-Social Behaviour Act 2003.

 

In his report number DLS24, the Corporate Manager, Democratic & Legal Services set out the new statutory duty imposed upon the District Council in relation to complaints about high hedges and the requirement to put in place the necessary procedures, fees, delegations and authorisations in order to implement the requirements when brought into force.  The Office of the Deputy Prime Minister had indicated that this was likely to be within the next few months.  The Corporate Manager stated that the Development Control Committee was generally supportive of the regime and the proposed delegation of powers to that committee would sit with the committee’s quasi-judicial role.

 

Discussion began by a member expressing concern that the Government had passed this responsibility to local authorities without any financial support.  Whilst he welcomed legislation to empower the Council to act where trees and hedges were blighting the life of people living nearby, he urged caution in the wording of the recommendations before the meeting.  He questioned the need for qualifications to decide if trees are a problem and proposed that the requirement for a member panel to be drawn from the Development Control Committee either be deleted or amended to refer to people who have had planning training. 

 

The member went on to refer to the recommendation that the maximum fees to apply be in line with planning application fees. He regarded this as a punitive charge and proposed that a charge of £50 be made which could be returned to the complainant if the complaint was judged to be justified.

 

An amendment was then moved and seconded to accept the recommendations as presented.

 

A number of members spoke on this issue, commenting on the need for the panel to be politically balanced, the delegation to the Development Control Committee, and the appropriate level of fee.

 

The Corporate Manager responded to these points.  He stated that the panel would not be politically balanced and stressed the fact that it would be carrying out a quasi-judicial function.  Members would be stepping into the realm of  ...  view the full minutes text for item 20.

Three questions had been submitted prior to the meeting.

 

Verbatim details of the questions, together with supplementary questions and the responses are set out in the appendix to the minutes.

The meeting closed at 5.20p.m.