Democracy | Full Council

Full Council – 17 July 2012

Present
THE MAYOR – Councillor Ivan Glover

Councillors Ali, Allcock, Armitage, Bainbridge, Barker, J Briggs, Mrs Bromby, Bunyan, Carlile, Clark, Collinson, Davison, Eckhardt, Ellerby, England, Evison, L Foster, T Foster, Godfrey, Gosling, Grant, Kataria, Kirk, Marper, Ogg, Oldfield, O’Sullivan, Poole, Mrs Redfern, Robinson, Rowson, C Sherwood, N Sherwood, Swift, P Vickers, K Vickers, Waltham, Wardle, Wells, Whiteley and Wilson.

The council met at The Civic Centre, Ashby Road, Scunthorpe.

2099 MAYOR’S REMARKS – The Mayor welcomed fellow councillors, officers and members of the public to the meeting. He referred to the absence of Councillor Jawaid who was recovering at home following an operation. The Mayor also reported that he had attended 60 events and commented on these.

2100 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS AND PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS – Declarations of disclosable pecuniary interests and personal or personal and prejudicial interests were indicated as follows –

Member	Subject/Minute
Councillor M Ali	Licensed Hackney Carriage Driver
Councillor J Briggs	Humberside Fire Authority
Councillor T Ellerby	Federation of Small Businesses – Member
Councillor J England	Humberside Police Authority – Member
Councillor S Godfrey	Lincolnshire Wildlife Trust – Member
Councillor H Kataria	Licensed Hackney Carriage Driver
Councillor N Poole	Federation of Small Businesses – Member License Holder
Councillor Mrs E Redfern	North Lincolnshire Homes – Member
Councillor P Vickers	Humberside Fire Authority – Member
Councillor R Waltham	Humberside Fire Authority – Member North Lincolnshire Homes – Member
Councillor S Wilson	Lincolnshire Wildlife Trust – Member

Councillor H Rowson declared a Disclosable Pecuniary Interest in relation to Agenda Item 9 – Local Nature Reserve Review 2012.

2101 MINUTES – Resolved – That the minutes of the ordinary meetings and extraordinary meetings of the council held on 22 November 2011 and 21 February 2012 and the annual meeting of the council held on 15 May 2012 having been printed and circulated amongst the members be taken as read and correctly recorded and be signed by the Mayor.

2102 (6) ELECTION OF COUNCILLOR – The Director of Policy and Resources submitted a report on the outcome of the by-election held in the Town Ward following the sad death of Councillor Darrell Barkworth. Councillor Haque Nawaz Kataria had been elected as a member of the council.

Resolved – That the report be noted.

2103 (7) POLITICAL COMPOSITION AND BALANCE OF THE COUNCIL – A report was submitted by the Director of Policy and Resources on the political composition of the council following the by-election held in the Town Ward on 31 May 2012. Following the by-election the political composition of the council was as set out in paragraph 2.1 of the report. It was necessary therefore for council to decide the allocation of seats in accordance with the political proportionality rules and principles contained in Section 15 of the Local Government and Housing Act 1989. Appendix A to the report showed the ratio of members to committees/panels depending on the total number of members in each committee or panel.

Appendix B set out the current range of committees with their memberships and the total for the council as a whole. Council was asked to consider whether the existing numbers best met the proportionality rules to determine the allocation of seats on a reasonable and sensible basis taking account of the overall proportion of seats based on council membership to accord with the principles of Section 15 of the Act.

Moved by Councillor Waltham and seconded by Councillor England –

That in accordance with Procedure Rule D1.20(b) Councillor Grant be not heard further in relation to this item of business.

Motion Carried

Moved by Councillor Mrs Redfern and seconded by Councillor J Briggs –

(a) That appendix A to the report detailing the entitlement of the number of members to committees/panels be noted, and (b) that the allocation of seats to committees/panels be as set out in appendix B.

Moved by Councillor Kirk and seconded by Councillor Swift as an amendment –

“Council supports the present allocation of seats to committees with the minor amendment to the Planning Committee to consist of six Conservative members and five Labour members to (a) reflect the result of the recent Town Ward by-election and (b) meet as close as possible the existing composition of North Lincolnshire Council.”

Amendment Lost
Motion Carried

2104 (8) THE LOCALISM ACT 2011 – REVISED STANDARDS REGIME – The Director of Policy and Resources submitted a report seeking council’s reconfirmation and endorsement of decisions taken at the annual meeting on 15 May 2012 concerning the revised standards regime and sought approval to certain outstanding documents following the issue of the relevant regulations and transitional provisions.

Both council and the standards committee had received several reports over recent months detailing the key provisions in the Localism Act and the consequential revisions to the current standards regime.

All councils were encouraged by the Department for Communities and Local Government to put in place the revised standards regime so that the various measures could be adopted at annual meetings in readiness for implementation from 1 July 2012. Accordingly on 15 May 2012, this council approved a series of recommendations including the adoption of a revised Code of Conduct (subject to the insertion of relevant interest provisions following regulation), “arrangements” for dealing with complaints that members may have breached the code, the appointment of an Independent Person plus reserve, the establishment of a new standards committee and revised dispensation provisions.

In addition, authority was given to the Monitoring Officer to settle the revised Code of Conduct and register of members’ interests, in consultation with the chairman of the (new) standards committee once the relevant regulations had been made. The regulations had been issued in June and accordingly the council’s revised Code of Conduct and register of members’ interests had been completed and issued to members on 18 June so that the same could be effective from 1 July 2012. The revised Code of Conduct was attached at appendix 1 to the report and the register of members’ interests at appendix 2.

Council was also asked to approve two consequential revisions to the rules of procedure to reflect the withdrawal requirements when members declare either a “disclosable pecuniary interest” or “prejudicial interest” in a matter. The draft revised Rules of Procedure were set out an appendix 3 to the report and in essence described that where a member had a disclosable pecuniary interest in a matter the member had to withdraw from the room or chamber whilst the matter was being considered. In the case of a prejudicial interest members also must withdraw from the room or chamber whilst the matter was being considered subject to preservation of the current practice of allowing members to speak or make representations when members of the public were entitled to do so providing in exercising that right the member then withdrew from the room or chamber immediately.

Finally, it was also necessary to slightly amend the provisions concerning the granting of dispensations under the delegations afforded to both the standards committee and the monitoring officer by extending the remit to include, in addition to disclosable pecuniary interests, those concerning prejudicial interests. The amended provisions were detailed in appendix 4.

Resolved – That the recommendations contained in the report be approved and adopted.

2105 (9) THE POLICE AND CRIME COMMISSIONER ELECTION IN ENGLAND AND WALES15 NOVEMBER 2012 – The Chief Executive submitted a report informing members about the arrangements for the Police and Crime Commissioner Election in England and Wales to be held on 15 November 2012.

The Police Reform and Social Responsibility Act 2011 makes significant changes to the governance of policing and community safety. The Act also set out provisions for a Police and Crime Commissioner to be elected for each of the 41 police force areas in England and Wales. The election for Police and Crime Commissioners was to be held on 15 November 2012 and at midnight on 21 November 2012 local police authorities would be abolished and the incoming Police and Crime Commissioners would take up office. The election will take place using the Supplementary Vote (SV) System and subsequent elections would be held in May 2016 and thereafter every four years.

The Police and Crime Commissioner Election was being overseen by the Electoral Commission which would, as in previous years, provide information and guidance about the conduct of the election. The Act and supporting secondary legislation provided for the appointment of Police Area Returning Officers (PAROs) who had been designated to oversee the election in each police authority area. The PARO would have a similar role to the Regional Returning Officers in European Elections. In the Humberside Police area, the PARO would be the Chief Executive of the East Riding of Yorkshire Council. That authority would therefore be the lead authority for the election.

The report contained further information about the election in November 2012 and attached as appendices were details about the role of the Police Commissioner and the draft timetable and local arrangements for the election.

Resolved – That the outline arrangements for the Police and Crime Commissioner Election as set out in the report be noted and that members be kept informed of developments.

2106 (10) THE POLICE AND CRIME PANEL FOR THE HUMBERSIDE AREA – A report was submitted by the Director of Policy and Resources informing members about the arrangements for the establishment of Police and Crime Panel in the Humberside area.

The Police Reform and Social Responsibility Act 2011 makes significant changes to the governance of policing and community safety. Minute 2105 above outlines the arrangements for the election of Police and Crime Commissioners in police force areas in England and Wales.

The responsibilities of Police and Crime Commissioners were essentially the same as those of a police authority. Although the Commissioner would be directly accountability to the electorate, a local authority Police and Crime Panel had to be established in each police authority area to provide a check and balance in relation to the performance of the Commissioner. The panel’s purpose would be to scrutinise the exercise of the Commissioner’s statutory functions, rather than the police force itself.

The four local authorities in the Humberside Police Force area had to establish a Police and Crime Panel to scrutinise, support and challenge the Police and Crime Commissioner for Humberside. Whilst each of the local authorities would have a role in supporting the work of the panel, one local authority had to take on the role of hosting the panel. North East Lincolnshire Council had volunteered to take on this role. However, the hosting arrangements would be subject to annual review.

The Act and subsequent regulations made detailed provisions for the composition of Police and Crime Panels, depending on the number of local authorities in the force area. For the Humberside area, the panel had to consist initially of ten councillors, plus two co-opted members (these external co-optees would be recruited separately). However, the Act and Regulations allowed for additional councillors to be co-opted onto the panel, as long as the two lay co-optees were also included, the size of the panel did not exceed 20 and the Secretary of State approved the co-options. No allowances would be paid to members of the panel, other than travel expenses (up to a maximum of £920 per panel member per annum). Composition of the panel had to take account of, as far as is practical, both political and geographical proportionality as well as necessary skills and experience. Discussions had been held between the Leaders and Chief Executives of the four authorities about the size and composition of the panel. The proposal was for the initial split of the ten places on the panel between the four local authorities of five on the north bank and five on the south bank, together with an agreement to add two additional co-opted members to create a panel of twelve elected members, three from each authority (subject to approval by the Secretary of State). The Home Office had been informed on 16 July 2012 what the arrangements would be for the Police and Crime Panel in this area.

Appendix A to the report contained the draft panel arrangements and appendix B the draft Rules of Procedure. These had been prepared by North East Lincolnshire Council and at its first meeting the panel would have the opportunity to agree these documents or amend them accordingly.

Resolved – (a)That the arrangements for the establishment of the Police and Crime Panel for the Humberside area as detailed in the report be noted; (b) that the proposal for the initial split of the ten places between the four local authorities of five on the North Bank and five on the South Bank be endorsed together with the agreement to add two additional co-opted members to the Panel, one from North Lincolnshire Council and one from the East Riding of Yorkshire Council, thereby creating a Panel of 12 elected members, three from each authority, (subject to approval by the Secretary of State) be endorsed; (c) that in line with the discussions between the Unitary Leaders and the agreed proportions, two members of the ruling group (names to be notified) be appointed as members of the Humberside Police and Crime Panel, and that one member of the opposition group (name to be notified) be nominated as a co-opted member of the Panel, that co-option to be approved at the first meeting of the Shadow Panel, (d) that the hosting of the Police and Crime Panel by North East Lincolnshire Council be endorsed, noting that these arrangements will be subject to annual review, and (e) that the draft Panel arrangements attached to the report be noted, together with the draft rules of procedure which the Panel will be able to amend, as appropriate, at its first meeting.

(Councillor Rowson having declared a Disclosable Pecuniary Interest left the meeting for consideration of the following item – minute 2107 refers).

2107 (11) LOCAL NATURE RESERVE REVIEW 2012 – The Director of Places submitted a report in connection with proposals to enhance the council’s suite of Nature Reserves (LNRs) by declaring three new LNRs and amending the boundary of two others.

The Environment Team had conducted a review of the local Nature Reserves that it managed. It had set a target of two hectares (ha) of LNR for every 1,000 people in North Lincolnshire. The purpose of the review was to show whether –

The current range and extent of sites was the best possible for wildlife, public access and education.
New sites could be declared to fill any gaps and help meet targets.

The council had previously declared ten LNRs. Eight of these were found to be fit for purpose. However, small boundary changes were required to two LNRs.

Silica Park LNR, an area of 0.5 hectares of land was included although it had less wildlife value than the rest of the site and was largely a car park with some grassland and ornamental trees. This area had been proposed as a site for a new children’s campus.

The Pheonix Parkway LNR had been declared in 2006 and it was now proposed to reduce the extent of that LNR allowing 2.22 hectares of development on reclaimed land. To balance this it was proposed to declare a new area as the Pheonix LNR. This area would be managed for acid grassland, open mosaic habitats and important insects of brownfield land.

As well as this extension, approval was sought to declare new LNRs at Ashby Ville and Conesby. These were both in Scunthorpe. The proposed Ashby LNR would take in Ashby Ville Lake and nearby scrub, acid grassland and wetland habitat next to Bottesford Beck. Within that area it was hoped to create a new pond to replace the fish pond that had dried out in 2011. The proposed Conesby LNR will take in restored parts of Conesby Quarry that the council managed as acid grassland. It would also include the Normanby Road Lake known as the Blue Lagoon and the surrounding grassland.

The report contained further information about these proposals with a summary of the benefits of each option contained in paragraph 4.1.

Moved by Councillor Mrs Redfern and seconded by Councillor Briggs –

“That to enhance the council’s suite of Local Nature Reserves (LNRs), three new LNRs be declared and two others be amended as detailed on the maps attached as appendices to the report.”

Motion Carried

2108 CHIEF EXECUTIVE’S REPORT – The Chief Executive updated members on the council’s actions during the recent very heavy rain.

The many intense rain storms had caused excessive water run off which had been challenging for both residents and the council.

The worst of the rain came on 5 July and continued throughout the following weekend. During this period the council was notified of six properties that had suffered from internal flooding. Many others had flooding in gardens and outbuildings.

The council had been given warning of the potential for heavy rain and had staff and equipment on standby.

When the heavy rain hit the council had staff out with sandbags, pumps and tankers round the clock. Two thousand sandbags were deployed and thousands of gallons of water were either pumped away or tankered away from at risk areas.

The worst affected area was Crowle where some properties remain at risk. The council had been working closely with Severn Trent, the internal drainage board and the Environment Agency to help these residents.

There were significant issues the council was following up on – some of these were isolated but there were also some that affect wider communities in areas such as Keadby, Goxhill, Messingham, Ulceby, Ealand and West Halton.

The Chief Executive asked members to join him in thanking all the staff involved who worked long hours in very poor conditions to help residents.

The Chief Executive also thanked ward members who also played a vital role helping people during a difficult time.

2109 PLANNING COMMITTEE – Resolved – That the minutes of the meetings of the Planning Committee held on 16 November, 14 December, 11 January, 8 February, 7 March, 4 April, 2 and 30 May 2012 be received, approved and adopted with the exception of minutes 1389 (v), 1389 (vii), 1423 and 1447.

2110 APPLICATION 2011/0995 – With regard to excepted portion (a) it was –

Moved by Councillor Bunyan and seconded by Councillor Wardle –

That the minute be received.

Motion Carried

2111 APPLICATION 2011/1092 – With regard to excepted portion (b) it was –

Moved by Councillor Bunyan and seconded by Councillor Wardle –

That the minute be received.

Motion Carried

2112 MAJOR PLANNING APPLICATIONS – With regard to excepted portion (c) it was –

Moved by Councillor Bunyan and seconded by Councillor Wardle –

That the minute be received.

Motion Carried

2113 RESIDENTIAL DEVELOPMENT IN GOXHILL – With regard to excepted portion (d) it was –

Moved by Councillor Bunyan and seconded by Councillor Wardle –

That the minute be received.

Motion Carried

2114 LICENSING COMMITTEE – Resolved – That the minutes of the meetings of the Licensing Committee held on 11 and 24 November 2011, 12 and 18 January, 7 and 16 February, 8, 12, 15 March, 12 and 24 April, 4 and 24 May, 13 and 21 June 2012 be received, approved and adopted.

2115 AUDIT COMMITTEE – Resolved – That the minutes of the meetings of the Audit Committee held on 31 January and 17 April 2012 be received.

2116 STANDARDS COMMITTEE – Resolved – That the minutes of the meetings of the Standards Committee held on 1 December 2011, 2 February, 22 March and 14 June 2012 be received.

2117 PLACES SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Places Scrutiny Panel held on 31 October and 28 November 2011, 9 and 19 January, 6 February, 5 March, 2 and 30 April, 30 May and 20 June 2012 be received with the exception of minute 119.

2118 CO-ORDINATION OF THE NORTH LINCOLNSHIRE NEIGHBOURHOOD WATCH NETWORK – With regard to excepted portion (a) it was –

Moved by Councillor T Foster and seconded by Councillor Davison –

That the minute be received.

Motion Carried

2119 PEOPLE SCRUTINY PANEL- Resolved – That the minutes of the meetings of the People Scrutiny Panel held on 8, 10 and 28 November, 6 December 2011, 17 January, 14 February, 8 and 13 March, 10 April, 8 and 23 May and 13 June 2012 be received with the exception of minute 37.

2120 CALL-IN- PROCEDURE FOR THE SELECTION AND APPOINTMENT OF AUTHORITY GOVERNORS – With regard to excepted portion (a) it was –

Moved by Councillor Marper and seconded by Councillor Collinson –

That the minute be received.

Motion Carried

2121 CORPORATE SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Corporate Scrutiny Panel held on 14 November, 12 December 2011, 23 January, 6 and 20 February, 8 March, 16 April, 14 May, 7 and 21 June 2012 be received.

2122 HEALTH SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Health Scrutiny Panel held on 22 May and 12 June 2012 be received.

2123 APPOINTMENT AND EMPLOYMENT COMMITTEE – Resolved – That the minutes of the meetings of the Appointment and Employment Committee held on 26 March, 2, 17 and 25 April, 2 and 9 May 2012 be received.

2124 QUESTIONS RELATING TO THE HUMBERSIDE POLICE AUTHORITY – Councillor D Oldfield asked the following question in relation to the Humberside Police Authority –

“There is great concern that the proposed government cuts to the police budget will result in Humberside Police being able to provide a service fit for purpose which may result in a massive increase in recorded crime.

Can the member authorised to speak for North Lincolnshire Council and the Police Authority please update this council on how these budget cuts will effect frontline police services?”

Councillor J England responded to that question.

2125 NOTICE OF MOTION – SCUNTHORPE RENAISSANCE – Moved by Councillor M Kirk and seconded by Councillor S Bainbridge –

“That this council recognises Scunthorpe as a renaissance town and one of the major economic drivers for the future of North Lincolnshire.”

Moved by Councillor Mrs E Redfern and seconded by Councillor Briggs as an amendment –

“This council recognises the key role that all North Lincolnshire towns and parishes play in the future economic prosperity of North Lincolnshire.

Furthermore, this council commits to continue to work hard to attract new businesses whilst also supporting existing businesses to expand and grow creating employment opportunities for residents”.

Moved by Councillor England and seconded by Councillor Briggs –

“That the question be now put.”

Motion Carried

At the request of members and in accordance with Procedure Rule 1.22(d) the names of members voting for, against and abstaining from the amendment moved by Councillor Mrs Redfern are as follows –

FOR: Councillors Allcock, Briggs, Mrs Bromby, Bunyan, Clarke, Eckhardt, England, Evison, T Foster, Glover, Marper, Ogg, Poole, Mrs Redfern, Robinson, Rowson, C Sherwood, N Sherwood, K Vickers, P Vickers, Waltham, Wardle and Wells.

AGAINST: Councillors Ali, Armitage, Bainbridge, Barker, Carlile, Collinson, Davison, Ellerby, L Foster, Godfrey, Gosling, Grant, Kataria, Kirk, Oldfield, O’Sullivan, Swift, Whiteley and Wilson.

ABSTAINING: Nil

Amendment Carried
Substantive Motion Carried

2126 NOTICE OF MOTION – REGIONAL GROWTH – Moved by Councillor Mrs E Redfern and seconded by Councillor Briggs –

“This council congratulates the Conservative-led government for the £10 million investment in the Regional Growth Fund here in North Lincolnshire. We celebrate the positive impact this will have on businesses and jobs in the area which can be evidenced through the three companies that have already been approved. These, subject to satisfactory due diligence, will create a minimum of 136 job opportunities for local residents.

This council welcomes the investment of £14m being made by these three companies in North Lincolnshire acknowledging their commitment and confidence in the local economy and notes that North Lincolnshire is one of the first Council’s in the country to make funds available to businesses.

Furthermore, this Council notes the increased traffic on the Humber Bridge since the reduction in tolls and pledges to continue our strong commitment to ensuring that North Lincolnshire is the number one area for businesses to invest and grow.”

Moved by Councillor M Kirk and seconded by Councillor L Foster as an amendment –

“This council welcomes the £10m investment in the regional growth fund in North Lincolnshire. We welcome the positive impact that this will have on businesses and jobs in the area as well as the three companies that are looking to locate in North Lincolnshire, if and when approved creating 136 job opportunities.

This council condemns the government for the hundreds of millions of pounds stolen from the Yorkshire and Humber region including projects such as the A160 along with its £140m funding – which would have had a cost ratio of 1-10. This was seen as the main project for the Yorkshire and Humber region and would have opened up the South Bank of the Humber for the renewable sector.

This council continues to lobby the Conservative led government for this vital piece of infrastructure to truly unlock the potential for further large-scale investment.

Furthermore, this council notes the increased traffic on the Humber Bridge since the reduction in tolls and pledges to work cross party to ensure a strong commitment to ensuring that North Lincolnshire is the number one are for business to invest and grow.

At the request of members and in accordance with Procedure Rule 1.22(d) the names of members voting for, against and abstaining from the amendment are as follows –

FOR: Councillors Ali, Armitage, Bainbridge, Barker, Carlile, Collinson, Davison, Ellerby, L Foster, Godfrey, Gosling, Grant, Kataria, Kirk, Oldfield, O’Sullivan, Swift, Whiteley and Wilson.

AGAINST: Councillors Allcock, Briggs, Mrs Bromby, Bunyan, Clarke, Eckhardt, England, Evison, T Foster, Glover, Marper, Ogg, Poole, Mrs Redfern, Robinson, Rowson, C Sherwood, N Sherwood, K Vickers, P Vickers, Waltham, Wardle and Wells.

ABSTAINING: Nil.

Amendment Lost

At the request of members and in accordance with Procedure Rule 1.22(d) the names of members voting for, against and abstaining from the motion are as follows –

ABSTAINING: Nil.

Motion Carried