Full Council – 13 October 2010
The Mayor – Councillor Smith
Councillors Ali, Armitage, Bainbridge, Barker, Barkworth, Berry, B Briggs, J Briggs, Bunyan, Carlile, Cawsey, Clark, Collinson, Davison, Eckhardt, Ellerby, England, L Foster, T Foster, Glover, Gosling, Grant, Jawaid, Kirk, O’Sullivan, Poole, Mrs Redfern, C Sherwood, N Sherwood, Mrs Simpson, Stewart, Swift, K Vickers, P Vickers, Waltham, Wardle, Wells, Whiteley and Wilson.
The council met at Pittwood House, Ashby Road, Scunthorpe.
1908 MAYOR’S REMARKS – The Mayor welcomed fellow councillors, officers and members of the public to the meeting. He also thanked Tony Scrase-Walters of the Multi-Faith Partnership for reading a prayer for us tonight.
As this was the first meeting after the summer recess the Mayor hoped everyone had had a good summer. He indicated that his had been quieter than he would have liked but he had to rest following his operation and he was very grateful to the Deputy Mayor for carrying out many engagements on his behalf. He also reported that North Lincolnshire Council was the first council in the country to achieve “Investors in Diversity”.
1909 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS – Declarations of personal interest were indicated as follows.
|Councillor M Ali||Licensed Hackney Carriage Driver|
|Councillor J Briggs||Humberside Fire Authority – Member|
|Councillor T Ellerby||Question from member of the public – Reference to Federation of Small Businesses|
|Councillor T Gosling||Humber Bridge Board – Member|
|Councillor I Jawaid||Humberside Police Authority – Member|
|Councillor N Poole||Question from member of the public – Reference to Federation of Small Businesses|
|Councillor Mrs E Redfern||North Lincolnshire Homes – Board Member|
|Councillor D Stewart||Agenda Item 5 – North Lincolnshire Local Development Framework – Land Owner|
|Councillor K Vickers||Humber Bridge Board – Member|
|Councillor R Waltham||North Lincolnshire Homes – Board Member|
|Councillor D Wells||North Lincolnshire Local Development Framework|
1910 MINUTES – Resolved – That the minutes of the meeting of the council held on 14 July 2010 having been printed and circulated amongst the members be taken as read and correctly recorded and be signed by the Mayor.
1911 (13) EXECUTIVE ARRANGEMENTS – The Service Director Legal and Democratic submitted a report in connection with the requirements of the Local Government and Public Involvement in Health Act 2007 with regard to changes to executive arrangements and to propose the model to be followed.
As reported to cabinet in June 2010, the Act required every authority which operated a Leader and Cabinet Executive Model to change executive arrangements in accordance with a statutory timetable. The report set out what the changes mean, how the process had to be undertaken and the preferred option put forward by cabinet. The Local Government Act 2000 required all principal local authorities to adopt “executive arrangements” in one of three forms namely –
- Mayor and Cabinet Executive
- Leader and Cabinet Executive
- Mayor and Council Manager
The 2007 Act now abolished the Mayor and Council Manager model, substituted a new version of the Leader and Cabinet Executive model and retained the Mayor and Cabinet Executive. With the new Leader and Cabinet Executive model the council elected the Leader and the Leader was then responsible for a range of responsibilities as detailed in paragraph 2.5 of the report.
In the new model, the Leader must also be elected for a four year term of office. During his/her term of office the Leader would automatically cease to be the Leader upon death, disqualification or resignation but may only be removed from office by resolution of the council. There was also a requirement for the Leader to nominate a Deputy Leader and provision that the Deputy Leader, or in his/her absence the remaining cabinet members, may act if the Leader was unable to act or the post of Leader was vacant.
The 2007 Act set out a timetable for making the change to one of the new executive arrangements i.e. Mayor and Cabinet Executive or Leader and Cabinet Executive. The timetable varied for different types of authority and non-metropolitan districts (which include district councils which had been given unitary powers) will have to pass the relevant resolution by 31 December 2010, and implement the change to take effect after the next local elections i.e. May 2011. North Lincolnshire Council is in this category. In addition, the process for change comprised an element of consultation. As agreed by cabinet the views of a limited number of partner bodies and organisations had been sought and residents consulted through Direct and on the council’s website on the preferred option agreed by cabinet i.e. the Leader and Cabinet Executive model. The appropriate consultations had taken place and responses had been received from North Lincolnshire Homes, the Humberside Fire and Rescue Service who both agreed to the preferred option and from a member of the public asking the council to take into account cost effectiveness and performance. Both these issues had been addressed.
Moved by Councillor Swift and seconded by Councillor Kirk –
(a) That the council adopt a preferred option of the Leader and Cabinet Executive model with effect from the annual meeting of the council in May 2011, and (b) that the council’s Constitution be amended accordingly to reflect this change.
Moved by Councillor Mrs Redfern and seconded by Councillor J Briggs as an amendment –
(a) That the council adopt the preferred option of the revised Leader and Cabinet Executive model with effect from next year’s annual meeting; (b) that the Constitution be amended accordingly to reflect this change, and (c) that the status quo be maintained until such time as legislation provides further alternatives to the Cabinet and Executive model.
1912 (14) NORTH LINCOLNSHIRE LOCAL DEVELOPMENT FRAMEWORK – HOUSING AND EMPLOYMENT LAND ALLOCATIONS DEVELOPMENT PLAN DOCUMENT – PUBLICATION AND SUBMISSION – The Head of Strategic Regeneration, Housing and Development submitted a report informing members about the Housing and Employment Land Allocations Development Plan Document (DPD) – Publication Stage and subsequent submissions to the Secretary of State.
The Housing and Employment Land Allocations DPD is one of the key documents which make up the Local Development Framework (LDF) and when finally adopted would address where new housing and employment development would take place over the next 15 years. It also included settlement development limits and town and district centre boundaries. The Housing and Employment Land Allocations DPD must comply with the LDF core strategy’s approach to settlement growth in identifying specific sites where new homes and employment sites should be built. The core strategy DPD was formally submitted to the government on 31 August 2010 with the independent examination expected to commence during January 2011.
Within the core strategy: submission draft it is established that North Lincolnshire will need to provide 12,063 new dwellings up to 2026 with the majority of them focussed on the Scunthorpe Urban area, and the market towns of Barton upon Humber, Brigg, Crowle, Kirton in Lindsey and Winterton. Many of these dwellings would be made up from existing planning permissions or sites under construction, whilst around 8,581 would be new dwellings. Future employment development within the core strategy: submission draft would be located in four key areas – Scunthorpe, the South Humber Bank, Humberside Airport, Sandtoft and the market towns, particularly Barton upon Humber and Brigg.
The Housing and Employment Land Allocations DPD: submission draft therefore allocates sufficient housing and employment land to meet the specific settlement and locational requirements of the core strategy: submission draft as outlined above. The publication stage represents the final opportunity for members of the public, town and parish councils, elected members and other key stakeholders to have their say on the future planning strategy for the area and it should be noted that this stage differs from previous consultation exercises. At this stage, those making representations on the DPD need to do so in relation to its “soundness”. Soundness is defined as being why the DPD is justified, effective and consistent with national policy. There is a period for representations of a DPD’s soundness to be made which will begin in early November 2010. Following the end of the representation period, the DPD together with any supporting information and the representations received during this time period will be submitted to the Secretary of State for independent examination. This examination normally takes place around five or six months after the submission date and will allow an independent planning inspector to discuss key issues arising from the DPD with key parties including the council. Following the examination, the inspector will prepare a report, the recommendations of which are binding on the council. These must be taken on board before the DPD is adopted.
Under the Conservation of Habitats and Species Regulations 2010 (the Habitat Regulations) a Habitat Regulations Assessment has been carried out for the Housing and Employment Land Allocations DPD in order to see whether its proposals could have potential to result in adverse effects upon “European Sites.” These are sites that had been designated for their international nature conservation interest. The regulations assessment is currently with Natural England for approval and may result in Natural England recommending changes to policy wording in the Housing and Employment Allocations DPD.
In addition, on 29 August 2010, the Secretary of State for Communities and Local Government announced that the government intended to revoke circulars 01/2006 “Planning for Gypsy and Traveller Caravan Sites” and 04/2007 “Planning for Travelling Show People” and replace them with new guidance for local authorities, outlining their statutory responsibilities. As a result of the implications and uncertainty of what this guidance will bring about, the gypsy and traveller’s section of this DPD had been removed. The issue of allocating gypsy and traveller sites would be re-examined when the new guidance is introduced.
Finally, it was important to note that the timetable for the production of the Housing and Employment Land Allocations DPD was dependent upon the impact of the independent examination on the core strategy in terms of the inspector’s outcomes and findings, and might be subject to change. Furthermore it should also be noted that progress might be subject to change due to amendments to planning legislation.
Moved by Councillor Grant and seconded by Councillor Bainbridge –
“(a) That the contents of the Housing and Employment Land Allocations Development Plan document be noted, and (b) that the Housing and Employment Land Allocations Development Plan document, with any minor amendments required if recommended by Natural England as part of the Habitat Regulations Assessment, be published during early November 2010 to allow representations to be made on the soundness of the development plan document and following the consultation period submitted to the Secretary of State for independent examination.”
Moved by Councillor Mrs Redfern and seconded by Councillor J Briggs as an amendment –
“(a) That the contents of the Housing and Employment Land Allocations DPD are noted and (b) that the Housing and Employment Land Allocations DPD, with any minor amendments required if recommended by Natural England as part of the Habitat Regulation Assessment, is published during early November 2010 to allow representations to be made on the soundness of the DPD and following the consultation period this document will be brought back to Full Council for debate before being submitted to the Secretary of State for independent examination.”
1913 (15) CORPORATE PARENTING – REPORT OF THE CHILDREN AND YOUNG PEOPLE’S SCRUTINY PANEL – The Children and Young People’s Scrutiny Panel submitted a report on a recent review into corporate parenting. The aim of the review was to –
- Examine the role of the council and its partners as corporate parents with a view to making recommendations on how effective the current practice and procedures are.
- Investigate if the council is clear about its corporate parenting responsibilities and how to implement them.
- Improve corporate parenting awareness and service delivery for looked after children in North Lincolnshire.
The report contained further detailed information in relation to the review, how it was carried out and contained twelve detailed recommendations.
Resolved – That the recommendations contained in the report be received and referred to cabinet for consideration.
1914 (16) GREENING THE WORKPLACE – REVISIT – REPORT OF THE ECONOMIC DEVELOPMENT AND CORPORATE ISSUES SCRUTINY PANEL – The Economic Development and Corporate Issues Scrutiny Panel submitted a report on a recent revisit of Greening the Workplace. The original report of the panel entitled Greening the Workplace had been published in 2006 and it was considered timely to revisit that report for a number of reasons. Firstly, revisiting previous work is considered good practice as it enables scrutiny members to monitor progress and to hold the council’s executive to account. In addition, from 1 April 2010, the council was beginning to operate within a pilot period of carbon trading. This means that the council would have to work within the National Carbon Reduction Commitment Efficiency Scheme with potential fines of up to £300,000 per year if targets were not met. However, if the council exceeds its targets, it can trade these on the open market, potentially making a profit. Finally, meeting the challenge of climate change is a huge task, and the panel believed strongly that North Lincolnshire Council must play its part by reducing emissions and encourage others to do likewise.
The report set out how the review had been carried out and contained thirteen detailed recommendations.
Resolved – That the recommendations contained in the report be received and referred to cabinet for consideration.
1915 (17) ANNUAL REPORT OF OVERVIEW AND SCRUTINY 2009/2010 – Consideration was given to the Overview and Scrutiny Annual Report for 2009/2010. 2009/2010 was an interesting and positive year for Overview and Scrutiny in North Lincolnshire and the report provided a brief summary of work carried out by the council’s scrutiny panels and achievements made in the last council year. It also highlighted challenges for 2010/11 and beyond.
The council’s Overview and Scrutiny Panels continued to meet every two weeks, usually in public, enabling councillors (who cannot be members of the council’s decision making cabinet or executive) to examine, review and suggest improvements to council policies/services or those shared or operated by our partners, the police and health trust for example. As part of the council’s democratic process the panels also hold the executive to account for decisions taken or to be taken. The work and achievements of each of the panels was summarised in the report. In addition, the report considered future challenges for Overview and Scrutiny in North Lincolnshire during a period of many potential changes in the way councils work.
Resolved – That the annual report of Overview and Scrutiny for 2009/2010 be received.
1916 (18) TREASURY MANAGEMENT AND STRATEGY REPORT MID – YEAR REVIEW – The Service Director Finance submitted a report which provided a mid-year review of the Treasury Strategy approved by council as part of the 2010/2011 budget. The report set out details of progress to date and covered treasury management performance for the six months ending 30 September 2010. It also explained how the strategy was implemented during the first part of the year, the state of the financial markets, what action had been taken to address the challenges and the results of that action. The report also provided an update on the latest position with regard to the council’s Icelandic investments.
Appendices to the report set out the investment position in detail as at 30 September 2010, including investments made and the prudential guideline indicators as at 30 September 2010.
Resolved – That the council notes the Treasury Management performance for the six months ended 30 September 2010.
1917 FORWARD PLAN FOR THE COUNCIL – Councillor Mark Kirk, the Leader of the Council, introduced his Forward Plan for the period October 2010 to January 2011, as required by the Local Government Act 2000 and the council’s Constitution. He then invited and answered questions on the plan’s contents.
Subject raised by
|(i) Procurement of new Waste Treatment Contract||Councillor C Sherwood||Leader of the Council and Cabinet Member for Neighbourhood, Environmental and Communities (Deputy Leader) – Described the current situation with regard to the procurement exercise and the position of the council and the Board. Also referred to the importance of this matter and that if it was not done correctly the cost to the council could be significant in terms of landfill tax etc.|
|(ii) Calculating the Council Tax Base for 2011/2012||Councillor J Collinson||Leader of the Council – Referred to the work being carried out in relation to the council’s budget particularly in the light of the in-year cuts imposed by the current government of around £4m. Work was ongoing to prepare the council’s budget for 2011/2012.|
|(iii) Calculating the Council Tax Base for 2011/2012||Councillor R Waltham||Leader of the Council – Referred to his previous response and indicated that like all councils across the country, the council was awaiting the outcome of the public spending review, details of which would be announced on 20 October.|
|(iv) Road Safety Strategy||Councillor T Ellerby||Leader of the Council – Referred to the government’s decision to remove an element from the Highway Maintenance Budget in relation to road safety.|
|(v) Speed Limit Review||Councillor N Poole||
Forward Plan Oct 10 – January 11
1918 PLANNING COMMITTEE – Resolved – That the minutes of the meetings of the Planning Committee held on 30 June, 29 July, 25 August and 22 September 2010 be received, approved and adopted.
1919 LICENSING COMMITTEE – Resolved – That the minutes of the meetings of the Licensing Committee held on 15, 19 and 30 July, 26 August, 7 and 14 September 2010 be received.
1920 AUDIT COMMITTEE – Resolved – That the minutes of the meeting of the Audit Committee held on 30 June 2010 be received.
1921 STANDARDS COMMITTEE – Resolved – That the minutes of the meetings of the Standards Committee held on 22 July and 23 September 2010 be received.
1922 APPEALS COMMITTEE – Resolved – That the minutes of the meetings of the Appeals Committee held on 22 and 30 July, 31 August and 15 September 2010 be received.
1923 SAFER AND STRONGER COMMUNITIES SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Safer and Stronger Communities Scrutiny Panel held on 6 and 20 July and 7 and 21 September 2010 be received.
1924 CHILDREN AND YOUNG PEOPLE’S SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Children and Young People’s Scrutiny Panel held on 28 June and 26 July 2010 be received.
1925 HEALTHIER COMMUNITIES AND OLDER PEOPLE SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Healthier Communities and Older People Scrutiny Panel held on 29 June, 27 July and 14 September 2010 be received.
1926 ECONOMIC DEVELOPMENT AND CORPORATE ISSUES SCRUTINY PANEL – Resolved – That the minutes of the meeting of the Economic Development and Corporate Issues Scrutiny Panel held on 6 September 2010 be received.
1927 SCRUTINY CO-ORDINATING PANEL – Resolved – That the minutes of the meetings of the Scrutiny Co-ordinating Panel held on 5 and 28 July and 11 August 2010 be received.
1928 SHAPING THE COUNCIL COMMITTEE – Resolved – That the minutes of the meeting of the Shaping the Council Committee held on 16 July 2010 be received.
Shaping the Council Committee
1929 QUESTION RELATING TO HUMBERSIDE POLICE AUTHORITY – Councillor M Simpson asked the following question in relation to the Humberside Police Authority –
“Are there any contingency plans to ameliorate the risks to vulnerable people posed by the level of cuts that the Chief Constable has pointed to. As a leader of ACPO I think his views should be taken very seriously indeed. Business people have also expressed their concern at the government’s proposed reductions in staffing.”
Councillor I Jawaid responded to that question.
1930 QUESTIONS FROM MEMBERS OF THE PUBLIC (INCLUDING TOWN AND PARISH COUNCILS) – The Leader of the Council referred to the format of full council meetings which enabled members of the public to ask questions. The following members of the public attended the meeting and asked a question of the Leader.
Question – Mr Richard Nixon
“Has North Lincolnshire Council been approached by any neighbouring authority or any stakeholders such as the National Federation of Small Businesses with regard to the prospect of a southern connection to the M180?”
The Leader thanked Mr Nixon for the question. He confirmed that he was not aware of any formal or informal request with regard to a southern connection to the M180 other than a potential new access to support the proposed development at Sandtoft Airfield. It was proposed that the Lincolnshire Lakes Development would be served by the existing M181 route although this may be partially de-trunked. Having checked with officers he also confirmed they too had not received any such request.
Question – Mr Liam Overfield
“Under your leadership in the past three years how many of the North Lincolnshire Council’s assets have been sold off?”
The Leader thanked Mr Overfield for the question. He indicated that since April 2007, the council had sold 43 properties, including 16 industrial sites, 13 residential sites ranging from individual plots, a site for a major supported housing scheme, a site for an integrated social care centre and smaller properties including land for sub stations, garden extensions and small commercial buildings.
Between 2003 and 2007, under conservative administration, the council sold more than 100 properties and had transferred 10,000 council houses to North Lincolnshire Homes as part of the Stock Transfer.
Question – Mr Abdul Wadud
“What is the Leader doing about the condition of some of the properties along Frodingham Road and does he not agree that some of these are detrimental to the prosperity of the area?”
The Leader thanked Mr Wadud for the question. He stated that the council had always supported the regeneration of North Lincolnshire. This council supported the renaissance programme in Crowle which has seen millions spent on the market place. It is a fantastic scheme and has been well received by residents.
This council has fully supported the Advance Crosby Project – as well as the Health Centre on West Street.
Frodingham Road itself has seen, and continues to see, both public and private investment. There were significant road repairs following last winter’s big freeze.
St George’s Church is also set for redevelopment and that could well transform that part of the Ward. This council will continue to support regeneration projects that will benefit the local community and make it a more prosperous place to live, work and play.
Question – Mr P Norkas
The Freedom of Information Act and Data Protection Act are important pieces of legislation that the council is required by law to comply with. Data subjects have the right to copies of information held about them in either electronic or written format. When a data subject makes an application for subject access under the Data Protection Act a fee is normally payable and is fixed to a maximum time limit of 40 working days to supply the data. The Act allows members of the public to request copies of information that are not exempt under the Act.
Could the council confirm its position on its responsibilities in relation to Data Protection and Freedom of Information, specifically in relation to the release of individual information made under a subject access request.
Could the council further confirm its position if a council officer or member were to be found to deliberately mislead the Data Controller by deleting, concealing or preventing data release in response to a lawful subject access of Freedom of Information Request.
The Leader thanked Mr Norkas for this question. The council has in place an Information Management Policy which sets out how, amongst other things, the council meets its responsibilities under both the Data Protection Act and the Freedom of Information Act. This document is publicly available on the council’s website.
QUESTION – MR GIOVANNI LOPERFIDO
“Why is the leader against forming a Local Economic Partnership (LEP) which includes the county of Lincolnshire?”
The Leader thanked Mr Loperfido for the question. He then indicated that this was not about being anti Lincolnshire but about what businesses want to see. The coalition government had said LEPs must be business driven and businesses, including the top fifty companies in the Humber, had made it clear that they want to see the creation of a LEP that brings together both banks of the Humber. Businesses in the Humber want to see a LEP to hold responsibility for ports, logistics, petrochemicals and renewables, especially offshore wind.
Of course, North Lincolnshire would work closely with Lincolnshire to exploit its assets such as tourism but this would be outside the formal structure of a LEP. The Leader indicated that in fact just that morning he had been at RAF Scampton for the Annual General Meeting of the Lincolnshire Tourism Board.
1931 PROCEDURE RULE DI.20 (l)
Moved by Councillor England and seconded by Councillor J Briggs –
That the council’s procedure rules be suspended to allow all members listed to speak on the order paper to speak on the two notices of motion on the agenda.
1932 NOTICE OF MOTION – SPENDING COMMITMENTS –
Moved by Councillor Mrs Redfern and seconded by Councillor J Briggs –
“In light of the unprecedented measures that the current coalition has had to take as a result of the reckless spending of the previous Labour Government, this council urgently reviews all spending commitments and reassesses its financial priorities to ensure frontline services and our valued communities are fully protected where possible.”
Moved by Councillor Kirk and seconded by Councillor L Foster as an amendment –
“This council welcomes the hard work put in by the Labour Group Leadership, Cabinet Members, Lead Members and officers of this council in ensuring that the 2010/2011 budget will balance, despite the savage and unprecedented £4m cuts imposed by the coalition government. This council will continue to update cabinet, as it has since the government’s emergency budget, on financial matters as it continues to be transparent and honest to the taxpayers of North Lincolnshire.”
Moved by Councillor Swift and seconded by Councillor Barkworth –
“That in accordance with Procedure Rule D1.19(m) the question be now put.”
The council then proceeded to vote on the amendment submitted by Councillor Kirk and the original motion put by Councillor Mrs Redfern.
Substantive Motion Carried
1933 NOTICE OF MOTION – CUTS TO GRANTS –
Moved by Councillor Kirk and seconded by Councillor L Foster –
“This council strongly condemns the £4m unprecedented in-year cuts imposed on North Lincolnshire Council by the current coalition government.
Council recognises the need to make relevant efficiency savings and strives to offer taxpayers the best possible deal. However, members condemn the heavy handed and savage cuts to dedicated grants which have led to the cancellation of Building Schools for the Future and Playbuilder schemes, postponement of road safety initiatives and the sudden halt to free swimming for under 16s and the over 60s.”
Moved by Councillor Mrs Redfern and seconded by Councillor J Briggs as an amendment –
“This council recognises the dire economic situation that we are all currently experiencing which is the direct result of 13 years of Labour mismanagement.
Therefore, this council further acknowledges the comments made by Alistair Darling, Ed Milliband and David Milliband that unspecified cuts of £56 billion in the first phase were needed and that this council notes that the ruling Labour group by being in total denial of this fact is totally misleading the public.”
The time having reached 9.00 pm the Mayor informed the meeting that in accordance with procedure rule D1.07, the remaining business of the council would be put to the meeting for a decision without speech or debate.
The council then proceeded to vote on the amendment put by Councillor Mrs Redfern and the original motion put by Councillor Kirk.