Full Council – 30 March 2011

Present –

THE MAYOR – Councillor Smith

Councillors Ali, Armitage, Bainbridge, Barker, Barkworth, Berry, B Briggs, J Briggs, Mrs Bromby, Bunyan, Carlile, Cawsey, Clark, Collinson, Davison, Eckhardt, Ellerby, England, L Foster, T Foster, Glover, Gosling, Grant, Jawaid, Kirk, O’Sullivan, Poole, Mrs Redfern, Regan, C Sherwood, N Sherwood, Mrs Sidell, Mrs Simpson, Stewart, Swift, K Vickers, P Vickers, Waltham, Wardle, Wells, Whiteley and Wilson.

The Council met at Pittwood House, Ashby Road, Scunthorpe.

1969 MAYOR’S REMARKS – The Mayor welcomed fellow councillors, officers and members of the public to the meeting. He also thanked Denise Lawton for reading prayers tonight. The Mayor then commented that this was the final meeting of his mayoral year and his final meeting because in May he would be standing down as a councillor. He then indicated that the council had a busy agenda so it then moved on to deal with the business. He also asked the Chief Executive to clarify an issue.

1970 EMPLOYEES – The Chief Executive referred to the council’s constitution and to Procedure Rule D1.30 in relation to motions affecting employees. He indicated that no meeting of the council, the executive, a committee or sub committee shall consider any issue relating to the appointment, promotion, dismissal, salary, superannuation, conditions of service or the conduct of any employee, or former employee until it had considered whether to exercise the power of the exclusion of the public under Section 100(A) of the Local Government Act 1972.

The aim of the statement was to remind members that if they wished to refer to or discuss issues relating to employees in line with the above the council would need to consider whether or not to exclude the public.

1971 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS – Declarations of personal interests were indicated as follows.

Councillor M Ali Licensed Hackney Carriage Driver
Humber Bridge Board Member
Councillor S Bainbridge North Lincolnshire Homes – Board Member
Councillor J Briggs Humberside Fire Authority – Member
Councillor A Davison Close relative – employee of the council
Councillor W Eckhardt South Axholme Swimming Pool Association – Secretary
Councillor I Jawaid Humberside Police Authority – Member
Councillor N Poole Licensee
Local Branch of the Federation of Small Businesses – Chairman
Councillor Mrs E Redfern North Lincolnshire Homes – Board Member
Councillor N Sherwood First Notice of Motion – Business Owner in Brigg
Councillor P Vickers First Notice of Motion – Member of Barton Chamber of Trade
Councillor R Waltham North Lincolnshire Homes – Board Member

1972 MINUTES – Resolved – That the minutes of the meetings of the council held on 19January and 23 February 2011 have been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the Mayor. (In moving the minutes the Leader and Deputy Leader of the Council referred to a number of members who would not be standing for re-election on 5 May. These included Councillors Barry Briggs, Linda Cawsey, Margaret Sidell, Margaret Simpson and the Mayor, Allan Smith).

1973 (22) REFERENDUM ON THE VOTING SYSTEM FOR UK PARLIAMENTARY ELECTIONS AND LOCAL ELECTIONS 2011 – The Chief Executive submitted a report informing members about the arrangements for the National Referendum on the Voting System for Future UK Parliamentary Elections and the Local Elections in May 2011.

On Wednesday 16 February 2011, the Parliamentary Voting System and Constituencies Act received Royal Assent and became law. The Act provided for a referendum on the voting system for UK Parliamentary Elections to be held on 5 May 2011. The poll for the referendum would also be combined with the polls for a number of scheduled elections including local government elections in England and Northern Ireland and the elections to parish and town councils in England.

In North Lincolnshire there would be a combined election including the national referendum, elections to the 17 Wards (43 seats) for North Lincolnshire Council and any Parish/Town Councils where elections are required. Planning was well under way for these elections based on the directions set by the Electoral Commission and the normal detailed arrangements for North Lincolnshire and Parish/Town Council Elections as in previous years. The report contained detailed information about the combined elections and attached as appendix 1 was the timetable for these. Attached as appendix 2 was a copy of the relevant details issued by the Electoral Commission in relation to campaigners, candidates and their agents.

Resolved – That the arrangements for the combined polls on 5 May 2011 be noted.

1974 (23) CONSTITUTION – The Service Director Legal and Democratic submitted a report proposing changes to the Constitution in relation to the council’s current and proposed working arrangements.

The Local Government Act 2000 requires the council to adopt a Constitution. This is a “living document” which requires frequent amendment to keep up with changes made by the council to its management structure and procedures. The changes to Executive arrangements which would take effect from the Annual Meeting of the council on 25 May and to the council’s Senior Management Structure would require amendments to be made to the Constitution.

At its meeting on 13 October 2010, the council, in accordance with the statutory timetable set out in the Local Government and Public Involvement in Health Act 2007, adopted the new form of Leader and Cabinet Executive model whereby the Leader is elected for a 4 year term of office and appoints the Cabinet and allocates responsibilities. Authority was given to amend the Constitution accordingly.

In addition, as a result of decisions taken at various meetings of the Shaping the Council Committee, the Senior Management Structure of the council had been reviewed and revisions made to the service structure. Various changes would therefore be necessary to the Constitution in line with the details contained in paragraphs 2.5, 2.6 and 2.7 of the report.

Resolved – That the Chief Executive be authorised to make necessary amendments to the Constitution in line with paragraphs 2.5, 2.6 and 2.7 together with any other incidental or consequential changes to accord with the approved structures.

1975 (24) SAFEGUARDING CHILDREN AND YOUNG PEOPLE DURING ELECTION DAYS IN SCHOOL PREMISES – The Children and Young People’s Scrutiny Panel submitted a report on a recent review into safeguarding of schools on polling days. The aim of the review was –

  • To understand fully the current legislation on the use of schools, and other buildings for election purposes.
  • To establish the number of schools currently used, and why they have been chosen and to establish if there are any alternatives that could be used.
  • To speak to the parties concerned to investigate if there are any safeguarding issues and if so how these can be resolved.
  • To make recommendations to the Executive if necessary.

The report contained further detailed information in relation to the review and contained four detailed recommendations.

Resolved – That the recommendations contained in the report be received and referred to Cabinet for consideration.

1976 (25) THE STRATEGIC RESPONSE TO HEALTH INEQUALITIES IN NORTH LINCOLNSHIRE – The Healthier Communities and Older People Scrutiny Panel submitted a report on a recent review into the Strategic Response to Health Inequalities in North Lincolnshire. The panel had long held aspirations to undertake a piece of work on inequality in North Lincolnshire with the red flag received in 2009 being of particular concern to the panel. A full visit by Local Government Improvement and Development had raised the issue higher on the panel’s priorities.

The report contained detailed information in relation to the review, how it was carried out and contained nine detailed recommendations.

Resolved – That the recommendations contained in the report be received and referred to Cabinet for consideration.

1977 (26) LOCAL DEVELOPMENT SCHEME (LDS) – The Head of Strategic Regeneration, Housing and Development submitted a report informing members of the issues involved in preparing a revised LDS and seeking approval for such a scheme.

The LDS is the project plan for the delivery of the North Lincolnshire Local Development Framework (LDF). The current LDS had been approved by council on 14 July 2010 (Minute 1885 refers).

The LDS timetable was no longer a statutory requirement that Local Planning Authorities were assessed against and awarded Housing and Planning Delivery Grant accordingly. However, it provided a useful timetable that set out indicative timescales for the delivery of LDF documents. Since the approval of the previous LDS, work on the documents which make up the LDF had progressed further. North Lincolnshire Council was at the forefront nationally with LDF production, and the only council within the Humber sub-region to have had their LDF Core Strategy examined by a Planning Inspector.

The Core Strategy: Submission Draft had been published in May 2010 and issued for a six week period to allow the community and stakeholders to make representations on its soundness. A total of 647 representations were received from 186 groups, organisations or individuals. The strategy was submitted to the Government for independent examination in late August 2010 and this examination took place between 18 and 20 January 2011 with the Inspector’s report expected in late April 2011.

The Housing and Employment Land Allocations DPD had been published in November 2010 and issued for a seven week period to allow the community and stakeholders to make representations on its soundness. A total of 440 representations had been received from 207 groups, organisations or individuals.

The last LDS set out that the Core Strategy examination had been planned to commence in December 2010. However, the appointed inspector requested that the examination be delayed until January 2011. The LDS needed to be updated to reflect this delay. This will in turn mean that all other DPDs in the timetable would also have to be amended to reflect the Core Strategy examination delay. Furthermore the outcomes of the Inspector’s Report might also have implications for the timetable.

It was also important to note that the emerging Localism Bill 2010 proposed a review of the existing development plan system and might therefore may have significant outcomes for spatial planning in North Lincolnshire.

The report contained further detailed information in relation to this matter and attached as an appendix was the proposed LDS and Timetable.

Moved by Councillor Grant and seconded by Councillor Bainbridge –

“That the revised Local Development Scheme be approved.”

Notice had been given of an amendment to be put by Councillor J Briggs and seconded by Councillor C Sherwood. However, the proposed amendment did not meet the requirements of the council’s Constitution and following a vote by the council had not been accepted.

1978 FORWARD PLAN FOR THE COUNCIL – Councillor Mark Kirk, Leader of the Council introduced his Forward Plan for the period April to July 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
Response by
(i) Procurement of New Waste Treatment Contract Councillor A Bunyan Leader of the Council and Deputy Leader of the Council – Described the current situation with regard to the procurement exercise. Decision making in relation to this would probably take place during May/June 2011.
(ii) Adoption of a Council wide Renewable Energy Strategy Councillor T Barker Leader of the Council and Cabinet Member for Highways, Planning and Energy – Updated the council in relation to this issue.
(iii) Procurement of New Waste Treatment Contract Councillor T Foster Leader and Deputy Leader of the Council – Referred to a previous answer in relation to this matter and also to the fact that all contracts had an element of risk but that the council was working in the best interests for the best possible contract for the people of North Lincolnshire.
(iv) Procurement of Waste Treatment Contract Councillor A Davison Leader and Deputy Leader of the Council – Referred to previous responses in relation to this matter and to the ongoing work in relation to it. Also indicated that this has been a long process which was nearing completion and thanks were given to all the officers and members involved in the process.
(v) Speed Limit Review Councillor Mrs E Redfern Leader of the Council and Cabinet Member for Highways, Planning and Energy – Referred to the requirement for all highway authorities to carry out a review of speed limits on “A” and “B” category roads and implement any changes. Detailed consultations had been taking place and a report was imminent on this matter. The primary objective was to keep people safe.

1979 PLANNING COMMITTEE – Resolved – That the minutes of the meetings of the Planning Committee held on 12 January and 9 February 2011 be received.

1980 LICENSING COMMITTEE – Resolved – That the minutes of the meetings of the Licensing Committee held on 16 December, 14 January, 17 February and 15 March be received, approved and adopted.

1981 AUDIT COMMITTEE – Resolved – That the minutes of the meeting of the Audit Committee held on 25 January 2011 be received.

1982 STANDARDS COMMITTEE – Resolved – That the minutes of the meeting of the Standards Committee held on 27 January 2011 be received.

1983 APPEALS COMMITTEE – Resolved – That the minutes of the meeting of the Appeals Committee held on 14 February 2011 be received.

1984 SAFER AND STRONGER COMMUNITIES SCRUTINY PANEL – Resolved – That the minutes of the meeting of the Safer and Stronger Communities Scrutiny Panel held on 21 December, 2010, 18 January, 2 and 15 February and 1 March 2011 be received.

1985 CHILDREN AND YOUNG PEOPLE SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Children and Young People Scrutiny Panel held on 10 and 24 January, 7 and 21 February 2011 be received.

1986 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 14 December 2010, 11 and 25 January, 8 and 22 February and 8 March 2011 be received.

1987 ECONOMIC DEVELOPMENT AND CORPORATE ISSUES SCRUTINY PANEL – Resolved – That the minutes of the meetings of the Economic Development and Corporate Issues Scrutiny Panel held on 20 December 2010, 5 and 17 January, 1 and 20 February 2011 be received.

1988 SCRUTINY CO-ORDINATING PANEL – Resolved – That the minutes of the meetings of the Scrutiny Co-Ordinating Panel held on 13 January and 7 March 2011 be received.

1989 SHAPING THE COUNCIL COMMITTEE – Resolved – That the minutes of the meetings of the Shaping the Council Committee held on 10 January, 9 February and 1 March 2011 be received with the exception of minute 109.

1990 SUBSTITUTIONS – With regard to excepted portion (a) it was –

Moved by Councillor Kirk and seconded by Councillor L Foster –

That the minute be received.

Motion Carried

1991 QUESTION – PROCEDURE RULE D1.15 (a) – Councillor Grant asked the following question of the Chair of the Shaping the Council Committee under Procedure Rule D1.15 (a) –

“I understand the Conservative Group had opted not to take part in the interview process as part of Shaping the Council Committee. Why have the Tories neglected their duty to take part in such an important process?”

Councillor Kirk the chair of the committee responded to that question.

1992 QUESTIONS RELATING TO THE HUMBERSIDE POLICE AUTHORITY – Councillor Ali asked the following question in relation to the Humberside Police Authority –

“With 560 police officer jobs expected to go over the nextfour years as a result of the government’s funding cuts, can the representative of Humberside Police Authority assure residents of North Lincolnshire that crime levels will not increase over this period?”

Councillor I Jawaid responded to that question.

Councillor C O’Sullivan asked the following question in relation to the Humberside Police Authority –

“With two recent murder investigations in the area can the Police Authority give a commitment to retain the services of the major incident team, despite more than £20m of funding cuts by the Tory government?”

Councillor I Jawaid responded to that question.

QUESTIONS RELATING TO NORTH LINCOLNSHIRE HOMES – Councillor T Ellerby asked the following question in relation to North Lincolnshire Homes –

1993 “With the Conservative led government cutting the winter fuel allowance for pensioners is it the right time for North Lincolnshire Homes to be increasing the cost of utility bills for its tenants?”

Councillor L Foster responded to that question.

1994 QUESTIONS FROM MEMBERS OF THE PUBLIC (INCLUDING TOWN AND PARISH COUNCILS) – The Leader of the Council referred to the format for 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 G Day

“Is there any reason why North Lincolnshire Council cannot join the Lincolnshire LEP and subsequently apply for enterprise zone status as well as joining the Humber wide LEP if one is created in the future?”

Response –

A very good time to ask this question as we have received encouraging news just this morning.

North Lincolnshire Council’s position remains that only a pan-Humber LEP makes economic sense. That was our position last September when invited by Government to submit our proposal – and nothing has changed to alter our position. And let’s not forget, major businesses on this side of the river have made clear they want to see a pan-Humber LEP. The minister in turn said how impressed he was with the business case for a pan-Humber LEP. But, Mr Mayor, I want to put on the record that I am, of course, supportive of developing good relationships with Lincolnshire, not least in respect of tourism, and I wish their LEP well, but I do not intend to turn my back on the Humber. To do so at this time, when we stand on the threshold of major investment in renewables, especially offshore wind, would be madness.

When this council and North East Lincolnshire Council, and our MPs, met the Climate Change Minister last December on the subject of offshore wind, the very first question he asked of us was “I hope you are working closely as across both banks of the Humber to maximise investment?” The minister himself understood the Humber’s potential. As for Enterprise Zones, the Government has made it clear that to qualify you need to have a LEP that is officially approved. That’s why a pan-Humber LEP must now be grasped.

I was delighted to read in today’s business section in the Hull Daily Mail that it looks to me that we are very near to a breakthrough with the creation of a Humber LEP. So I want to put on record my thanks to the Hull and Humber Chamber of Commerce for what appears to be a recognition by leaders on both banks that there is a case for a pan-Humber LEP.

Question – Mr P Rhoades

“A recent report on VisitScunthorpe.com analysed the minutes of the Shaping the Council Committee and identified that these meetings were attended for less than 70% of the time by council members.

In light of the £90m worth of spending cuts being slashed from the North Lincolnshire Council budget over the next year would the council agree that allowances should be paid only on a pro rata basis, determined by the level of attendance councillors actually have at meetings?”

Response –

Thank you for your question.

Before 2003 elected members were paid an allowance based on their attendance at qualifying meetings. This was called an “Attendance Allowance”. Members were also entitled to claim travelling and subsistence allowances. In 2003 the attendance allowance was abolished and regulations introduced which provided that all local authorities must establish an independent remuneration panel which should, each year, produce a report making recommendations on various allowances. Based on the recommendations of the independent remuneration panel, each year the council has to make a member allowance scheme. That scheme must include a basic allowance to be paid to all members of the council and any other allowances permitted by the regulations.

The basic allowance is intended to remunerate elected members for all the duties they undertake, including attending meetings of the council and the various committees, panels and working groups they are appointed to an all the work they carry out as representatives of their communities. It reflects a 24 hour commitment to their work as elected members. Attendance at meetings represents only a relatively small percentage of the work carried out by members.

I do note your reference to the Shaping the Council committee I feel plays a very vital role in the future of this council. There is no specific payment for attending this meeting. However, I do believe that as elected members we should do our best to serve those who elected us.

Do I think the Conservatives – who skipped Shaping the Council meetings and boycotted Cabinet meetings for an entire year – have served their electorate to the best of their abilities when it comes to attending meetings?

In my opinion the answer is no.

Question – Mr S Ingledew

“Can the Leader of North Lincolnshire Council please state, for the record, whether Messingham Library is, or ever has been, under threat of closure as a result of the Conservative government’s cuts.”

Response –

No Messingham Library has never been under threat of closure.

1995 PROCEDURE RULE D1.21 – During the course of the question and answer relating to the last question referred to in minute 1994 above, Councillor T Foster was warned about his conduct in persistently disregarding the ruling of the Mayor.

It was then moved by Councillor Swift and seconded by Councillor Barkworth –

That Councillor T Foster be not heard further during the course of the meeting.

Motion Carried


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

“This council supports Conservative proposals to introduce one hour free car parking in Scunthorpe and Ashby, and to make a special case for re-introducing two hours free car parking in Brigg, recognising its role as a smaller market town and centre for trade, serving a wide rural area.

This council further makes a commitment not to introduce car parking charges in Barton, Crowle, Epworth, Kirton in Lindsey and Winterton. All town centres across North Lincolnshire need the support of local shoppers to retain hardworking staff and boost trade.

Hard pressed North Lincolnshire rate payers have paid enough and this council should send a clear message that using car parking charges to raise revenue will only put businesses and jobs under threat and leave our town centres empty and redundant.”

Moved by Councillor Regan and seconded by Councillor Ali as an amendment –

“This council rejects the divisive policies of the Conservative Group which, if implemented, would see one area of North Lincolnshire gain at the expense of others.

The council notes the failure of the Tory administration of 2003/2007 to introduce free car parking as promised in their election literature.

Furthermore, in contrast, council accepts as fact Labour’s commitment to rural towns by not increasing car parking charges in Barton, Crowle, Epworth, Kirton in Lindsey and Winterton and retains the commitment not to introduce charges in the future.”

Amendment Carried

Substantive Motion Carried

1997 TIME OF MEETING PROCEDURE RULE D1.07 – GUILLOTINE – 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 decision without speech or debate.


Moved by Councillor Kirk and seconded by Councillor L Foster –

“This council makes a commitment to the people of North Lincolnshire not to allow the local authority to be ‘sold off’ and run by bureaucrats in Grimsby, Hull or Lincoln, as advocated by the local Conservative group.

Council rejects the notion of abandoning North Lincolnshire residents to create a super-sized authority and instead pledges to work with local people, thus allowing them to have their say on important local decisions.”

Motion Carried


Moved by Councillor Stewart and seconded by Councillor Berry –

“This council notes that the residents of a significant number of parished areas of North Lincolnshire continue to pay more for the services they receive than the residents of the unparished areas of Scunthorpe. This has been the case since North Lincolnshire Council was established in 1996. This is unfair on those areas, and the council will, therefore, in the future consider ways of correcting this imbalance in the cost of services to ensure that the cost of services is made equitable across North Lincolnshire.”

Motion Lost