Agenda and minutes

The Council welcomes engagement from members of the public. To speak at this meeting please register no later than 24 hours prior to the date of the meeting via democracy@southkesteven.gov.uk

Anne Gayfer – question to the Environment Overview and Scrutiny Committee:

At the end of the year two key air quality regulations are due to drop o? the statute book under the Retained EU Law (REUL) Act.  One sets legally binding emission reduction commitments for ?ve key air pollutants; the other requires public consultation before 
revising air pollution plans.

The Guardian and the Ends Report¹ have found that Ministers ignored o?cials’ advice on the scrapping of these regulations.  It means that we will no longer have a national air pollution control programme to limit pollutants in accordance with national emission 
reduction commitments.  This has brought strong criticism from the Government’s own watchdog, the O?ce for Environmental Protection because it “weakens accountability and transparency and – in the absence of an alternative, comprehensive plan – it has the potential to weaken environmental protection”.

My question is, given that our government shows no interest in our health or that of the planet, will SKDC:

-   write to the Secretary of State for the Environment and ask for a rethink? 

-   Will SKDC review its smokeless zones (it is clear from the maps that this has not happened for some decades)?

-   What can SKDC do to improve air quality in its area?  It is sometimes impossible to walk through Grantham in the early evening without wearing a mask.

The United Nations has recently stated that air pollution is a bigger public health catastrophe than climate change².  It is a public health emergency and is associated with the equivalent of up to 40,000 deaths a year in the UK.  

The Cabinet Member for Environment and Waste thanked Ms Gayfer for the question and agreed that air quality was a huge issue in the developed world and there was a lot that needed to be done.  It was clarified that the Head of Public Protection would be requested to look into the matter of smokeless zones.  The Cabinet Member confirmed he was to write to the Secretary of State to request an urgent ‘rethink’ of the application of the laws and would notify the public speaker of the response when received.

There were no apologies for absence received, all Members were present as expected.

Councillor Graham Jeal represented the South Kesteven Coalition Group vacancy.

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

Councillor Paul Wood disclosed an interest, confirming he was currently a Director  of EnvironmentSK Ltd.

The Chairman clarified that Councillor Wood would need to leave the Council Chamber during the report on the company’s final accounts. 

Councillor Charmaine Morgan informed the Committee that she was a lifetime member of the Woodland Trust, an organisation that was mentioned within the agenda for today’s meeting.  

The Chairman informed Members that the agenda item on A1 litter would be moved to the final item of the meeting. 

The minutes of the meeting held on 3 October 2023 were proposed, seconded, and AGREED as a correct record.

The Chairman confirmed that there was one action from the meeting on 3 October 2023 in reference to the Animal Welfare Policy.  The public consultation period was currently underway.

There were no updates.

It is recommended that the Environment Overview and Scrutiny Committee:

A. Recommend the Cabinet Member(s) for Waste and Environment support the Climate and Ecology bill and write to Gareth Davies MP to indicate this support,

B. Recommend to full Council to support the Climate and Ecology bill and write to all MPs who have constituencies within the District of South Kesteven.

or

C. Recommend not to support the Climate and Ecology bill.

The Vice-Chairman read a statement out on behalf of Councillor Vanessa Smith: 

I would very much like to thank this committee for considering this motion as was put to Full Council last month, and for doing so in such a timely fashion.  I think it is important that this Council supports the Climate and Ecology Bill.  As you may recall this Bill was originally introduced into Parliament by Caroline Lucas in 2020. 
 Whilst it has currently lapsed, it is being reintroduced in the new year without any change in the most recent wording so will retain previous support.  As explained, this is a cross party Bill which has received thesupport of 132 MPs from the Labour, Green, Liberal Democratic and Conservative Parties. It has also received the support of 312 Councils and numerous large non-government organisations. 

The Bill seeks to address climate change by limiting the rise in global temperature to 1.5 degrees, as per the Paris Agreement which the UK signed up to in 2015.  It also seeks to prioritise nature and reverse its decline. 

The UK is currently working towards achieving net zero carbon emissions by 2050.  This target was set in 2019 to try to limit the rise in temperature. The target of 1.5 degrees is important because it is at this temperature rise that there is potentially an irreversible effect on climate change and catastrophic climate changes will be seen.  But the science tells us that even if we meet net zero by 2050 there is still an 

approximately 50:50 chance that temperature rise will exceed 1.5 degrees. And not only might this net zero target be inadequate but that the government’s own scientific advisors on climate change (the Climate Change Committee) have publ  ...  view the full minutes text for item 34.

This Mid-Year update report outlines South Kesteven District Councils performance against the Corporate Plan Key Performance Indicators (KPIs) for the year of 2023/24.

The report was presented by the Head of Corporate Projects, Policy and Performance. 

The South Kesteven Corporate Plan 2020-23 was approved by Council on 1 

October 2020.  It was agreed by the Council that actions, key performance 

indicators (KPIs) and targets would be developed by the relevant overview and scrutiny committee, which would retain oversight of the performance management arrangements at a strategic level.  These actions and indicators were presented to this committee and agreed on 26 January 2021.  The Year End report for 2022-23 was presented to the Committee on 11 July 2023 and outlined the performance 
against the Corporate Plan for the previous financial year.  This report built on these historical reports to provide an update on performance to the mid-year point of the 2023-24 financial year.  It incorporated the changes recommended by the last KPI review to outline areas of the council’s performance which were successful and to advise where challenges may lay.  

2023-24 was the final year of monitoring theseexisting KPIs.  A refresh of the Corporate Plan was currently underway and was still within the public consultation period for considering priorities (over 550 responses had been received so far).  All Members had the opportunity to engage in the development of the new Corporate Plan, which will be adopted in January 2024.  To accompany the new Corporate Plan, a new suite of KPIs will be developed to reflect the priorities, ambitions and actions of the new Plan.  These KPIs will be approved by each Committee and reporting will commence from April 2024. 

The actions were summarised as follows:  

• 6 of the actions are rated Green. These are actions which are on or above  ...  view the full minutes text for item 35.

To provide both an update on local authority biodiversity duties as set out by the Environment Act 2021 as well as an overview of the Council’s remit to improve biodiversity.

Councillor Baker, Cabinet Member for Environment and Waste introduced the report, informing the Committee that England was widely considered one of the most nature depleted countries in the world.

A recently published analysis by the State of Nature Partnership stated that since 1970, UK species have declined, on average, by 19% and that nearly one in six species were threatened with extinction in Great Britain.  The impacts of land use and agricultural management and of climate change have been some of the principal drivers of this long-term decline in the health of our natural environment. 

Lincolnshire had been ranked as the second-lowest county in the country for access to nature.

The Environment Act 2021 set out that as a public authority, the Council must:

1. Consider what we can do to conserve and enhance biodiversity.

2. Agree policies and specific objectives based on our consideration.

3. Act to deliver policies and achieve our objectives.

Under the Environment Act public authorities had to consider and report on what action the Council intended to take for biodiversity across the authority, no later than 1 January 2024.  Following this initial consideration, the Council was required to agree policies and objectives as soon as possible, take action, and prepare the first formal Biodiversity Report no later than 1 January 2026.  This process must then be repeated every five years.

There were 7 areas responsible for biodiversity-related issues:

1) Planning Policy

2) Development Management

3) Grounds Maintenance

4) Parks and Open Spaces

5) Property and Assets

6) Projects, Policy and Performance

7) Economic Development

The Environment Act 2021 also required the preparation and publication of Local Nature Recovery Strategies (LNRSs). Lincolnshire County Council are responsible for delivering the Greater Lincolnshire LNRS which was expected to be delivered in late 2024.  At the same time, the Council was planning to deliver a district-wide Trees and Woodland Strategy which would set out the current level of tree canopy cover in the district, highlight main areas of opportunity to increase tree and woodland and set out what role the Council can play in facilitating that.  There was not a dedicated Tree Officer at the Council nor does the Council have the specific arboricultural expertise needed to produce a full Strategy.  Officers had therefore commissioned a consultancy company, Treeconomics, to assist with the development of a full Strategy to be presented to the Environment Overview and Scrutiny Committee in March 2024.

A working group had begun to meet regularly to work on the Council’s policies and objectives around biodiversity.

The following points were raised during discussion:

·       It was considered that there would be financial implications during the process.  A Member felt the Council required a ‘Tree Officer’ and ecologist, for example – particularly to enable understanding within the planning process.

·       Council Housing Estates needed to be included in the process, rather than being under the sole control of the Housing Team.

·       Particular consideration needed to be given to the appropriateness of cutting back of hedgerows and trees so  ...  view the full minutes text for item 36.

This report presents the 2022/23 Financial Statements for the Council owned company Environment SK Ltd.

Councillor Paul Wood clarified that he was currently a Director of EnvironmentSK  Ltd and as the report was in his name, he would leave the Council Chamber if  required to. 

The Deputy Monitoring Officer informed Members that the report was for noting so there was no need for him to leave. 

Environment SK Ltd completed their 2022/23 final accounts ahead of the statutory deadline of 31 December 2023 and in accordance with the terms of reference the financial statements were presented to the Environment Overview and Scrutiny Committee. 

There was no requirement for the company accounts to be audited as the company qualified for an audit exemption as the annual turnover was below £10.2m and the value of assets was below £5.1 million. 

On 7 February 2023 Cabinet made the decision that the grounds maintenance service should transfer back to the Council in 2023/24 and approved the dissolution of the Council’s wholly owned companies EnvironmentSK Ltd and EnvironmentSK  Commercial Services Ltd. 

The company ceased trading on 31 March 2023 so this will therefore be the final set of financial statements that will be presented to this committee for 
EnvironmentSK Ltd. 

An independent valuation of the vehicles and equipment was completed on behalf of the company which resulted in the company receiving a capital receipt from the Council of £378k.  The company subsequentlypaid the capital receipt to the 

Council which enabled the outstanding loan to be reduced to a net balance of £132k at 31 March 2023.  

During discussion Members raised the following points: 

•      Some Parish Councils had not received any billing from EnvironmentSK Ltd for some considerable time for works carried  ...  view the full minutes text for item 37.

This report provides an update on progress to upgrade District Council operated streetlights to energy efficient LED units and considerations for ongoing management of lamps.

Councillor Patsy Ellis, Cabinet Member for Environment and Waste introduced the report. 

South Kesteven District Council was responsible for managing a total of 3893 streetlights within the district all of which were funded from the Council’s General Fund.  These lights were predominantly for providing lighting to footways, as opposed to the separate and much more significant stock of streetlights provided for highways in the district, which were managed by Lincolnshire County Council.  

Following a Council meeting on 28 November 2023 it was agreed to approve an allocation of £1m to accelerate the replacement of Council operated streetlights with LED lamps. 

The invitation to tender had been issued on theYPO Highways and Electrical Installations framework to find a contractor to complete the LED upgrades. Based on the deadline for interested suppliers to submit a response, evaluation and the approval of contract award by Cabinet in February, the contract start date was targeted for mid-February 2024.  The programme was designed to be delivered as swiftly as possible so as to maximise energy savings. 

An ongoing area of work was to improve the information The Council had on its streetlighting stock in terms of exact location of lamps, type and condition. The majority of lamps under the Council’s responsibility were now plotted on Statmap and all lamps would be plotted ready for the contract start date in order to provide the successful contractor with the most up-to-date information.  Plans were underway to also provide this information to town and parish councils once the mapping of lamps has completed. 

The current Street Lighting Policy of 2018 stated three objectives for the Council’s Street lighting stock:  

• Ensure existing lighting stock was mai  ...  view the full minutes text for item 38.

To brief the Committee on the Council’s requirements to have a Contaminated Land Strategy, along with providing details of the proposed updated Strategy and consultation prior to Cabinet approval.

The Head of Service for Public Protection presented the report on behalf of the Cabinet Member for People and Communities. 

Under Part IIA of the Environmental Protection Act 1990, South Kesteven District Council (SKDC) had gained regulatory duties and powers relating to contaminated land.  The provisions of Part IIA came into force on 1 April 2000. (Note Part IIA was also referred to as Part 2A within the Report and Strategy).  

The Contaminated Land Inspection Strategy fulfils the first of SKDC’s 
responsibilities – to prepare and publish a Strategy.  The strategy was last updated in 2010 following legislative and guidance updates. The Council’s duties under the Act are:  

• To inspect the district of South Kesteven for land that may be contaminated.

• To inspect individual sites to determine whether they are contaminated land.

• To ensure that appropriate action is taken to remediate contaminated land.  

The Officer continued that the updated strategy reflected the current position across the district and ensured that processes adhered to current legislation. 

Part IIA placed financial responsibility for remediation of contaminated land on the polluter.  Where the polluter cannot be found, landowners or occupiers can be liable for the costs as “Appropriate Persons”. 

South Kesteven District Council has had a published Contaminated Land Strategy since 2001 with its last revision being in 2010.  The Strategy set out how South Kesteven District Council would identify and deal with contaminated land.  The programme of inspection and intervention will be based on identifying risk and those of high risk given priority.  

The revisions of the strategy were a light touch refresh to reflect the current position across the district and ensure that legislation, addresses, and other details were current. There have not been any significant  ...  view the full minutes text for item 39.

To receive a verbal update from the Sustainability and Climate Change Officer.

Councillor Rhys Baker, Cabinet Member for Environment and Waste provided a verbal update on the Tree and Woodland Strategy.

The Sustainability and Climate Change Officer was thanked for her work.

Following the publication of the South Kesteven District Council Climate Action Strategy earlier in the year, Officers had been developing a distinct Tree and Woodland Strategy to cover the district.  The Environment Overview and Scrutiny Committee approved the Council’s tree guidelines in September 2019 which set out how the Council would manage our stock of around 6,000 trees found in Council-managed open spaces across the district and in parks.  It was important to recognise that not every tree growing in South Kesteven was managed or belonged to the Council.  The Woodland Trust owned many, along with other private Bodies.

The three guidelines set out the Council’s duties and responsibilities in respect to trees on private property, for example through Tree Protection Orders and management for public safety.  The aim of the new Tree and Woodland Strategy was to both consider the management of          council-owned trees and open spaces.  This was in respect of additional tree planting.  It was also to consider the larger opportunities of tree planting through the wider district and how the Council can facilitate that.  Alongside the supporting of the development of the new Strategy, a specialist Arboricultural company have been appointed. 

A draft of the Strategy was underway and plans were in place to host a stakeholder workshop for participants in the new year and a public consultation after that.

South Kesteven District Council have submitted a successful bid to the Coronation Community Orchards Fund which would be used to provide grants to local people and groups to establish community orchards across the district.  The opportunity to apply for funds will go live early in the new year.  The minimum number of trees that could be classed as an orchard was 5 and there was no maximum.

During discussion the following points were raised:

·       The protection of our existing orchards must be included in the Strategy too.

·       Will the existence of the fund be publicised?

The Cabinet Member confirmed that protecting existing orchards was equally important.  The fund was set up specifically to establish new orchards, however the Council would do whatever was necessary to encourage the preservation and enhancement of existing orchards wit existing funding streams.  The Communications Team were looking to advertise the availability of the fund early in the new year.

It was AGREED that the Environment Overview and Scrutiny Committee noted the verbal update.

To consider the Committee’s Work Programme for 2023-24.

The Committee considered the Work Programme 2023-2024.

The following items was AGREED to be added to the Work Programme:

·       Air Quality Report

It was proposed, seconded, and AGREED that the meeting be extended until 1.30pm.

To provide Members with an update in relation to litter issues on the A1 and to agree future actions.

Councillor Rhys Baker, Cabinet Member for Environment and Waste introduced the report.  The Assistant Director of Culture, Leisure and Place was thanked for her work. 

The Council’s Corporate Plan (2020 to 2023) contained a corporate priority of 
delivering a Clean and Sustainable Environment, a key focus being to ensure the district is a clean and pleasant place to live, work and visit.  Those who dropped litter were being irresponsible and must be condemned for that behaviour. 

The Council were responsible for the litter picking on trunk roads which included the A1.  National Highways had the overarching responsibility for the use of the A1 and its maintenance, whilst Lincolnshire County Council were responsible for cutting the grass verges.  There was approximately a 30-mile stretch of the A1 within the district of South Kesteven, which equated to a total of 60 miles of grass verges taking account of the north and southbound carriageways.  Should the central reservations be included, this would amount to 120 miles.  

The A1 was classed as a “high speed road” as it was subject to a permanent speed limit of 50 miles per hour or more.  There were certain requirements when 
undertaking cleansing operations on this type of highway to ensure operatives are not exposed to serious hazards which had the potential to cause serious injury or death to them or other road users.  The most significant risk to operatives and other personnel is being struck by a third-party vehicle. 

Any solution was temporary as litter would unfortunately, inevitably build up again.   This was a complex matter with financial implications as well as safety concerns.  

Officers had dealt with complaints about  ...  view the full minutes text for item 42.

There was none.

The Chairman thanked everyone for their contribution and wished them a ‘Happy Christmas’.

The Chairman closed the meeting at 13:30.