Agenda and minutes
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Contact: Democratic Services
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Introduction
Minutes: The Chairman of the Council commenced the meeting by reporting that former Councillor Vic Kerr had recently passed away. He had represented the Loveden Ward on the Council between 5 May 1993 and 11 May 2015 and had served on a number of Committees during that time, including the Constitution Committee, Planning Committee, Standards Committee and the Licensing Committee. Members of the Council observed a minute’s silence in his memory. Councillor Ian Selby paid a personal tribute to former Councillor Kerr and the Leader of the Council also reflected on his service to the Council.
The Chairman of the Council invited the Leader of the Council to make a statement regarding the conflict in Ukraine. The Leader referred to a joint statement from all Council Leaders in Lincolnshire, which outlined that plans were in place to welcome any Ukraine refugees who sought safety in the county and were working together to ensure they could support the welfare of families and individuals suffering because of the Russian invasion. The Leader reported that further meetings of Council Leaders and Chief Executives in Lincolnshire had been held and would continue to do so, with all Authorities in the county working closely with the Home Office and other relevant Government Departments or organisations to ensure that appropriate support was in place across Lincolnshire.
The Chairman took this opportunity to congratulate Councillors Ben Green and Richard Dixon-Warren following their successful election to the Council on 24 February 2022 and welcomed them to the Authority. It was noted that Councillor Richard Dixon-Warren had been unable to attend the meeting due to a prior commitment, but Councillor Green was welcomed to his first meeting.
The Chairman invited Councillor Ian Stokes to make a statement.
Councillor Ian Stokes apologised for wording he had used at a meeting of the Governance and Audit Committee on 20 October 2021 stating that it was unacceptable and had been used by accident. He expressed that he was truly and deeply sorry for any offence caused to anyone in attendance at the meeting or in the district.
The Chairman invited the Leader to make a statement.
The Leader paid tribute to Mr Ken Lyon, Assistant Chief Executive, who was attending his last meeting of Full Council prior to leaving the Authority. The Leader praised Mr Lyon for his contribution to the Council, particularly highlighting the significant role he had played in the Council’s response to the Covid-19 pandemic and the way in which he had spearheaded community spirit, acting as an ambassador for the district. On behalf of the Council, the Leader awarded Mr Lyon with South Kesteven District Council’s shield in recognition of his service. Mr Lyon placed on record his thanks to all Members of the Council.
The Chairman proposed a procedural motion to amend the running order of the agenda so that agenda item 7, Members’ Open Questions, was moved to the last item on the agenda in order that all business could be considered first.
The proposal was seconded. ... view the full minutes text for item 76. |
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Public Open Forum
The public open forum will commence at 1.00 p.m. and the following formal business of the Council will commence at 1.30 p.m. or whenever the public open forum ends, if earlier. Minutes: No members of the public had registered to speak. |
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Apologies for absence
Minutes: Apologies for absence were received from Councillors Bob Broughton, George Chivers, Richard Dixon-Warren, Paul Fellows, Rosemary Kaberry-Brown, Anna Kelly, Charmaine Morgan and Judy Smith. |
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Disclosure of Interests
Members are asked to disclose any interests in matters for consideration at the meeting. Minutes: No interests were disclosed. |
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Minutes of the meeting held on 27 January 2022
Minutes: The minutes of the meeting held 27 January 2022 were proposed, seconded and agreed as a correct record. |
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Communications (including Chairman's Announcements)
Minutes: The Council noted the Chairman’s engagements. |
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Budget Proposals for 2022/23 and indicative budgets for 2023/24 and 2024/25
Additional documents: Minutes: The Cabinet Member for Finance presented the budget proposals for 2022/23 and indicative budgets for 2023/24 and 2024/25 and reported the requirement for the Council to set a balanced budget and agree the level of Council Tax for 2022/23.
A summary of proposals was contained as part of the report. It was highlighted that the proposals had been developed over the last five months in parallel with regular financial monitoring that took place through meetings of the Finance, Economic Development and Corporate Services Overview and Scrutiny Committee and Cabinet, with this being more frequent than usual due to financial volatility arising from the Covid-19 pandemic.
The Cabinet Member for Finance took this opportunity to place on record his gratitude to the Finance, Economic Development and Corporate Services Overview and Scrutiny Committee for its diligence throughout the financial year and thanked Cabinet, the Finance Team and budget holders across the Council for their work and contributions to the proposals set out in the report.
It was highlighted that the budget proposals had been scrutinised in detail at the meeting of the Budget Joint Overview and Scrutiny Committee held on 12 January 2022 where unanimous, cross-party support was given to the recommendations. This was followed by consideration at Cabinet on 13 January 2022 prior to a public consultation with South Kesteven residents and businesses between 14 and 28 January 2022. The draft proposals, including the outcomes of the consultation process, were reported to Cabinet on 8 February 2022 where the draft proposals were recommended to Full Council for approval.
The budget proposals for 2022/23 had been compiled following the recommendation from Cabinet to increase the District Council element of Council Tax by £5 a year, per Band D equivalent property, in order to take advantage of the limited availability of a higher level without the need for a referendum. 265 responses had been received following the public consultation process and approximately 30% supported the increase after taking into account the financial challenges the Council was facing, recognising the need to continue to invest and support the local economy and population. It was noted that over 66% of the Council’s residents resided in Band A to C properties and that only 8.5% of the overall Council Tax bill was attributable to South Kesteven District Council.
The Cabinet Member highlighted, in line with the rest of the country, that other areas of expenditure had increased for the Council, emphasising the need to increase income where possible.
The Council was committed to the continuation of developing and delivering the objectives of its Corporate Plan, with no reliance on its reserves. The Cabinet Member presented the various elements of the report, as follows:
· Summary of General Fund estimates · Proposed budget bids · Proposed savings · Proposed changes to fees and charges · General fund budget increases · Treasury investment financial forecasts · Council Tax proposals · Housing Revenue Account proposed budget bids · Housing Revenue Account 2022/23 rent proposals · Housing Revenue Account fees and charges · General Fund Capital Programme · Housing Investment Programme · Budgeted ... view the full minutes text for item 82. |
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Pay Policy Statement 2022/23
Additional documents: Minutes: The Chairman of the Employment Committee presented the report and proposed that Full Council approved the Pay Policy Statement 2022-23.
The production and publication of the Pay Policy Statement was a requirement of the Localism Act 2011 and was reviewed annually to ensure that it accurately reflected the Council’s position and was aligned with the outcomes and objectives of the Council’s Corporate Plan.
The Pay Policy Statement was a factual document and had been considered at the meeting of the Employment Committee held on 19 January 2022, where it was unanimously recommended to Full Council for approval.
The proposal was seconded.
In answer to a question regarding the current corporate restructure, the Chief Executive confirmed that the Pay Policy Statement for next year would incorporate any changes arising as a consequence of the implementation of the restructure. It was also confirmed that regular consultation took place with Trade Union representatives and specific engagement had ensued in relation to the corporate restructure proposals.
On being put to the vote, the proposal was AGREED.
DECISION:
That the Pay Policy Statement 2022-23 be approved.
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Public Sector Audit Appointments
Minutes: The Cabinet Member for Finance presented the report and proposed that the Council opted into the Public Sector Audit Appointments national scheme for the provision of external audit services.
The Council had officially been invited to join a national scheme for the provision of external audit services. The proposal outlined in the report was endorsed by the Charted Institute of Public Finance and Accountancy who supported the proposal of the sector working together in order to deliver transparency, timeliness, value for money and promotion of consistently high-quality audits. Benefits of joining the scheme were set out in paragraph 1.5 of the report.
The proposal was seconded.
On being put to the vote, the proposal was AGREED.
DECISION:
That the Council opts into the Public Sector Audit Appointments national scheme for the provision of external audit services.
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Membership of Committees
This report will be published following the declaration of result in relation to two by-elections scheduled to be held on 24 February 2022 in order that any changes in the Council’s political balance can be reported to the Council. Additional documents: Minutes: The Leader of the Council presented the report and proposed the recommendations contained within the report, subject to the following appointments:
- Councillor Richard Dixon-Warren onto the Governance and Audit Committee to fill a Conservative Group vacancy
- Councillors Ben Green and Richard Dixon-Warren onto the Finance, Economic Development and Corporate Services Overview and Scrutiny Committee to fill a Conservative Group vacancy and replace Councillor David Bellamy
- Councillor Ben Green onto the Rural and Communities Overview and Scrutiny Committee to fill a Conservative vacancy
- Councillor Ray Wootten as Chairman of the Constitution Committee
- Councillor Breda-Rae Griffin as Vice-Chairman of the Constitution Committee
- Councillor Paul Wood as the Chairman of the Governance and Audit Committee
- Councillor Kaffy Rice-Oxley as the Vice-Chairman of the Governance and Audit Committee
- Councillor Gloria Johnson as the Vice-Chairman of the Finance, Economic Development and Corporate Services Overview and Scrutiny Committee
It was noted that a vacancy on the Constitution Committee would be deferred until the Council’s Annual Meeting.
The proposal was seconded.
A comment was made that it was unhealthy for the Chairman of the Constitution Committee to be the spouse of the Cabinet Member responsible for governance.
A question was raised as to when and how a resignation had been received from the Chairman of the Constitution Committee. It was noted that this had been received by the Leader upon Councillor Mark Whittington accepting the role of Cabinet Member.
On being put to the vote, the proposal was AGREED.
DECISION:
That Council:
1. Notes that Councillor Richard Dixon-Warren was elected to the Aveland Ward following a By-Election on 24 February 2022 and has given notice that he will join the Conservative Group.
2. Notes that Councillor Ben Green was elected to the Isaac Newton Ward following a By-Election on 24 February 2022 and has given notice that he will join the Conservative Group.
3. Approves the above appointments.
(The meeting temporarily adjourned at this stage of proceedings).
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Dispensation for Councillor Attendance
Minutes: The Head of Democratic Services and Deputy Monitoring Officer presented the report which invited Full Council to consider a dispensation under the Local Government Act 1972 to excuse the non-attendance of Councillors Rosemary Kaberry-Brown and Judy Smith at a meeting of the Council within a six-month period due to ill health.
The granting of a dispensation was proposed.
The proposal was seconded.
It was noted that both Members had been long-serving Councillors who were great representatives of their communities and were still very active on the Council and in their local wards.
On being put to the vote, the proposal was AGREED.
DECISION:
That a dispensation be granted for Councillors Rosemary Kaberry-Brown and Judy Smith from attending meetings of the Council to avoid disqualification as Members of South Kesteven District Council under Section 85 of the Local Government Act 1972. |
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Notices of Motion given under Article 4.9 of the Council's Constitution (deferred from the previous meeting held on 27 January 2022):
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Councillor Ashley Baxter
“This Council resolves:
· to encourage organisers of public firework displays within the South Kesteven District to publicise in advance of their events, in order to allow residents to take precautions for their animals and vulnerable people · to actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people – including the precautions that can be taken to mitigate risks · to write to the MPs representing the South Kesteven District, and the relevant Minister of State, urging them to introduce legislation to limit the maximum noise level of fireworks to 90dB for those sold to the public for private displays · to encourage local suppliers of fireworks to stock ‘quieter’ fireworks for public display.” Minutes: Councillor Ashley Baxter proposed the following motion:
“This Council resolves:
· to encourage organisers of public firework displays within the South Kesteven District to publicise in advance of their events, in order to allow residents to take precautions for their animals and vulnerable people
· to actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people – including the precautions that can be taken to mitigate risks
· to write to the MPs representing the South Kesteven District, and the relevant Minister of State, urging them to introduce legislation to limit the maximum noise level of fireworks to 90dB for those sold to the public for private displays
· to encourage local suppliers of fireworks to stock ‘quieter’ fireworks for public display.”
In presenting the motion Councillor Baxter highlighted that residents had contacted him requesting the Council to support the reduction in the disturbance and distress caused to animals and vulnerable people by fireworks. He felt it was reasonable for people to publish and provide notice of when fireworks were likely to be used when making arrangements which involved the use of fireworks. It was noted that this motion had the backing of the RSCPA.
The motion was seconded.
In debating the motion the following points were noted:
· people became very upset and distressed when they did not know in advance when fireworks were being used · some religious festivals embraced the use of fireworks · military jets and motorcycles were other examples of things creating levels of noise in excess of acceptable noise limits · the main event where fireworks were used was on or around 5 November, which residents prepared for every year · religious festivals may embrace the use of fireworks, but they did not have to be loud as it was the lights as opposed to the noise that was significant · the impact of loud fireworks on animals was terrifying · publication in advance of using fireworks should be encouraged and South Kesteven District Council already did this for organised events, highlighting issues relating to post traumatic stress disorder, vulnerability and care for animals on its website and social media platforms · the Council had no enforcement powers in relation to the use of fireworks, with the County Council’s Trading Standards having a role to ensure that fireworks being sold met required standards · the main problem was not in relation to planned events but when individuals used fireworks in their own gardens without notice
Upon being put to the vote, the motion was lost.
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Councillor Phil Dilks
The original Notice of Motion proposed by Councillor Dilks at the meeting of Full Council held on 27 January 2022 was referred to the Climate Change Action Group for further consideration. The Climate Change Action Group met on 15 February 2022, with the draft minutes from that meeting attached to this agenda pack, and the following revised Motion is proposed as follows:
“I welcome the cross-party support and in particular meetings with the Cabinet Member for Planning and Planning Policy and the assistant Director of Planning that has brought about this amended motion and I recognise the work of the Climate Change Action Group. This amended motion seeks to confirm and strengthen Climate Change mitigation considerations when determining major planning applications across South Kesteven.
This Council resolves:
1) Planning Committee reports to clearly set out any climate change mitigation or adaption measures where they are proposed as part of a development proposal;
2) The desire for development proposals to address climate change and sustainability will be emphasised during pre-application discussions;
3) That the challenges of climate change are addressed through the local plan review. This will be an opportunity to develop policies that mitigate climate change by reducing emissions as well as adapting to a changing climate. The planning policy team will work with the Council’s Climate Change Action group to seek feedback throughout this process;
4) That the use of technical advice notes to complement the recently adopted Design Guide will be explored. Advice notes would help inform developers of the Council’s expectations and provide guidance around how they can address the climate change challenges through their development proposals;
5) That the Council will write to Government to lobby and encourage them to do more through legislation and guidance, including planning and building control, to ensure that climate change and adaption challenges are dealt with by taking a top down approach to policy making. Government should also do more to require developers to proactively address climate change challenges by reducing carbon emissions.”
Minutes: The original Notice of Motion proposed by Councillor Phil Dilks at the meeting of Full Council held on 27 January 2022 was referred to the Climate Change Action Group for further consideration. The Climate Change Action Group met on 15 February 2022, and the following revised Motion was proposed by Councillor Dilks:
“I welcome the cross-party support and in particular meetings with the Cabinet Member for Planning and Planning Policy and the assistant Director of Planning that has brought about this amended motion and I recognise the work of the Climate Change Action Group. This amended motion seeks to confirm and strengthen Climate Change mitigation considerations when determining major planning applications across South Kesteven.
This Council resolves:
1) Planning Committee reports to clearly set out any climate change mitigation or adaption measures where they are proposed as part of a development proposal;
2) The desire for development proposals to address climate change and sustainability will be emphasised during pre-application discussions;
3) That the challenges of climate change are addressed through the local plan review. This will be an opportunity to develop policies that mitigate climate change by reducing emissions as well as adapting to a changing climate. The planning policy team will work with the Council’s Climate Change Action group to seek feedback throughout this process;
4) That the use of technical advice notes to complement the recently adopted Design Guide will be explored. Advice notes would help inform developers of the Council’s expectations and provide guidance around how they can address the climate change challenges through their development proposals;
5) That the Council will write to Government to lobby and encourage them to do more through legislation and guidance, including planning and building control, to ensure that climate change and adaption challenges are dealt with by taking a top down approach to policy making. Government should also do more to require developers to proactively address climate change challenges by reducing carbon emissions.”
In presenting the motion, Councillor Dilks explained that the motion had been originally proposed from his perspective as a member of the Planning Committee where he had found there to be some hypocrisy when considering aspects of some planning applications without taking climate change into account in the knowledge that the Council had itself declared a climate change emergency.
Councillor Nick Robins seconded the motion and welcomed the cross-party collaboration that had occurred on this issue. He agreed that planning was a vital tool to challenge climate change and that new policies should be developed to address issues and expectations relating to climate change, building on the work of the Climate Change Action Group and ensure that this was a key consideration in the development of the next Local Plan.
Councillor Robins proposed an amendment to paragraph 5 of the motion to include reference to South Kesteven Members of Parliament. This was accepted by the mover of the original motion and became the substantive motion.
In debating the substantive motion, the following points were noted:
· Until sufficient ... view the full minutes text for item 87b |
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Members' Open Questions
A 45-minute period in which members may ask questions of the Leader, Cabinet Members, the Chairmen and Vice-Chairmen of the Overview and Scrutiny Committees and opposition group leaders excluding the Chairman and Vice-Chairman of the Planning Committee, Licensing and Alcohol, Entertainment and Late Night Refreshment Licensing Committees and Governance and Audit Committee. Minutes: Question 1: Councillor Kaffy Rice-Oxley to Councillor Mark Whittington (Cabinet Member for Waste)
Councillor Kaffy Rice-Oxley asked for an update on proposals for a national food waste recycling scheme.
The Cabinet Member for Waste referred to the previous debate at this meeting on this matter and reminded Council that the Environmental Health Act 2021 placed a legal obligation on Councils to identify and collect different waste streams, one of which was food waste. In anticipation of this Act of Parliament, the Department for the Environment, Food and Rural Affairs launched a consultation and it was understood that feedback from this would be reported back in the Spring 2022. In accordance with the legislation, it was anticipated that a national rollout of food waste collection would be introduced in March 2025. Finance was an issue, as had been previously highlighted, but there were potential avenues of funding such as New Burdens Funding that would assist Councils in providing this additional service.
The food waste collection trial resulted in approximately 24 tonnes of food waste being collected per month, with six tonnes transported weekly to Hemswell where it was converted into biogas and biofertiliser. This presented its own challenges in respect of the Council’s carbon footprint.
It was noted that the Council would be committed to the food waste collection programme when rolled out by the Government nationally and sufficient funding was provided to support its implementation.
Question 2: Councillor Susan Sandall to Councillor Mark Whittington (Cabinet Member for Waste)
Councillor Susan Sandall asked for confirmation as to the Council’s policy in relation to fly-tipping.
The Cabinet Member for Waste provided an assurance that the Council had a zero tolerance in respect of fly-tipping, highlighting that it was a crime and led to a blight on the countryside.
It was reported that the Council as recently as 4 March 2022 had successfully prosecuted a fly-tipper in Grantham and rural locations in South Kesteven and North Kesteven, with another prosecution in the pipeline. £60,000 was spent a year in relation to fly-tipping which funded one vehicle and two members of staff, together with investigation costs.
Evidence received from members of the public was used and led to the successful prosecution on 4 March. Fly-tipping could be reported to the Council via its website and members of the public were encouraged to do so as it meant that the Council could take immediate action.
Question 3: Councillor Penny Robins to Councillor Mark Whittington (Cabinet Member for Waste)
Councillor Penny Robins asked for clarification as to refuse collections on bank holidays associated with Her Majesty The Queen’s Platinum Jubilee.
The Cabinet Member for Waste confirmed that as the bank holidays associated with Her Majesty The Queen’s Platinum Jubilee were on a Thursday and Friday, normal collections would resume with employers paid overtime, which had been accounted for in the budget.
A request was made to inform the waste collection team should any Member be aware of road closures in their respective wards which may ... view the full minutes text for item 88. |
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Close of meeting
Minutes: The meeting closed at 16:17. |