Agenda and minutes

Forest Heath Council - Friday 27 February 2015 4.00 pm

Venue: Council Chamber, District Offices, College Heath Road, Mildenhall, Suffolk IP28 7EY

Contact: Fiona Osman  Email: fiona.osman@westsuffolk.gov.uk

Items
No. Item

20.

Election of Chairman

Minutes:

It was proposed by Councillor James Waters, seconded by Councillor Tony Wheble and with all in favour of the motion, it was

 

RESOLVED:

 

That Councillor Chris Barker be elected Chairman for this meeting of Council.

21.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Bimson, Dicker and Drummond.

 

Councillor McGhee was also unable to attend the meeting.

22.

Public Participation

Members of the public are invited to put questions/statements of not more than 3 minutes duration relating to items to be discussed in Part I of the agenda only.

Minutes:

Agenda Item 6g – Minutes of the West Suffolk Joint Standards Committee  - 15 December 2014

 

Sara Beckett of Newmarket spoke in relation to minute number 8, Report of Code of Conduct Investigation. The committee resolved that the Member be asked to submit a written apology to the complainant. Sara Beckett confirmed that she was the complainant but had not received a written apology.

 

The Chairman of the West Suffolk Joint Standards Committee agreed to provide a written response to Sara Beckett.

23.

Minutes pdf icon PDF 237 KB

To confirm the minutes of the Council meeting held on 10 December 2014 (copy attached).

Minutes:

The minutes of the Council meeting held on 10 December 2014 were accepted as an accurate record and signed by the Chairman.

24.

Chairman's announcements and itinerary pdf icon PDF 122 KB

Report No: COU/FH/15/001

 

Minutes:

The report was noted.

 

25.

The Leader's Statement pdf icon PDF 108 KB

Report No: COU/FH/15/002

 

Minutes:

The Leader presented his statement to the meeting, as set out in Report No. COU/FH/15/002. Members were then given the opportunity to ask the Leader of the Council questions on his statement.

 

It was moved, duly seconded and with the vote being unanimous, it was

 

RESOLVED:

 

That the Leader’s Statement be received.

26.

Minutes of other meetings pdf icon PDF 179 KB

To note resolutions and approve recommendations arising from the proceedings of the following:-

Additional documents:

Minutes:

The minutes of the following Committees were received and items the subject of formal report or proposition are detailed below.

 

It was moved, duly seconded and unanimously

 

RESOLVED:

 

That the minutes of the respective Committees be approved and that authority is hereby given for such action to be taken as necessary to give effect thereto.

 

(a) Cabinet – 9 December 2014

 

Minute No. 10 – Recommendation of the Performance and Audit Scrutiny Committee - 26 November 2014: Delivering a Sustainable Budget 2015-2016 and Budget Consultation Results (Report No. CAB/FH/14/005)

 

The Monitoring Officer confirmed that the recommendations listed under this item had been determined by Council on 10 December 2014 (Report No. COU/FH/14/004 – Minute No. 9).

 

Minute No. 11 – Recommendation of the Performance and Audit Scrutiny Committee - 26 November 2014: Accounting for a Single West Suffolk Staffing Structure and the Move to a West Suffolk Cost Sharing Model (Report No. CAB/FH/14/006)

 

The Monitoring Officer confirmed that the recommendations listed under this item had been determined by Council on 10 December 2014 (Report No. COU/FH/14/004 – Minute No. 10).

 

 

Minute No. 12 – Local Council Tax Reduction Scheme and Technical Changes 2015/2016 (Report No. CAB/FH/14/007)

 

The Monitoring Officer confirmed that the recommendations listed under this item had been determined by Council on 10 December 2014 (Report No. COU/FH/14/004 – Minute No. 11.

 

Minute No. 13 – Council Tax Base for Tax Setting Purposes 2015/2016 (Report No. CAB/FH/14/008)

 

The Monitoring Officer confirmed that the recommendations listed under this item had been determined by Council on 10 December 2014 (Report No. COU/FH/14/004 – Minute No. 12).

 

Minute No. 15 – Developing Community Energy Plan (Report No. CAB/FH/14/010)

 

The Monitoring Officer confirmed that the recommendations listed under this item had been determined by Council on 10 December 2014 (Report No. COU/FH/14/004 – Minute No. 16).

 

(b) Development Control Committee – 3 December 2014

 

There were no items that were the subject of formal report or proposition.

 

(c) Development Control Committee – 7 January 2015

 

There were no items that were the subject of formal report or proposition.

 

(d) Licensing Committee – 19 January 2015

 

There were no items that were the subject of formal report or proposition.

 

(e) Overview and Scrutiny Committee – 18 December 2014

 

Minute No. 7 – West Suffolk Homelessness Strategy 2015-18 (Report No. OAS/FH/14/001)

 

The Monitoring Officer requested that Members noted the recommendations listed under this item, as it was subject to a further report later on the agenda (Item 14 – Report No. COU/FH/15/010).

 

(f) Performance and Audit Scrutiny Committee – 26 November 2014

 

Minute No. 9 - West Suffolk Fees & Charges Policy (Report No. PAS/FH/14/005)

 

The Monitoring Officer confirmed that the recommendations listed under this item had been determined by Cabinet on 9 December 2014 (Report No. CAB/FH/14/002 – Minute No. 7)

 

Minute No. 10 - Accounting for Single West Suffolk Staffing Structure and the Move to a West Suffolk Cost Sharing Model (Report No. PAS/FH/14/006)

 

The Monitoring Officer confirmed that the recommendations listed under this  ...  view the full minutes text for item 26.

27.

Annual Treasury Management and Investment Strategy 2015/2016 and Treasury Management Code of Practice pdf icon PDF 236 KB

Report No: COU/FH/15/003

Cabinet Member: Cllr Stephen Edwards    Lead Officer: Rachael Mann

Additional documents:

Minutes:

The Cabinet Member for Resources, Governance and Performance presented this report which introduced the Annual Treasury Management and Investment Strategy for 2015/2016 and the Treasury Management Code of Practice. Councillor Stephen Edwards informed Members that there had been no changes to the Treasury Management Code of Practice since 2014/2015.

 

It was moved by Councillor Stephen Edwards, seconded by Councillor Rona Burt and with the vote being unanimous, it was

 

RESOLVED:

 

That:-

 

(1)        the Annual Treasury Management and Investment Strategy Statements 2015/16, as contained in Appendix 1 & 2 of Report COU/FH/15/003, be adopted; and

 

(2)        the Treasury Management Code of Practice at Appendices 3 and 4 to Report No. COU/FH/15/003 be approved

 

(3)        the Head of Resources and Performance, in consultation with the Portfolio Holder for Resources, Governance and Performance, be given delegated authority to make amendments to the Treasury Management Investment Strategy 2015/2016, taking into account advice of the Council’s Treasury Management Advisors in response to changes to credit ratings resulting from the implied removal of sovereign support in the Bank of England’s ‘bail-in’ regulations.

 

28.

Budget and Council Tax: 2015/2016 and Council Tax Setting pdf icon PDF 326 KB

Report No: COU/FH/15/004

Cabinet Member: Cllr Stephen Edwards    Lead Officer: Rachael Mann

 

Members are reminded that in accordance with regulations introduced last year, there will be a recorded vote on this item.

Additional documents:

Minutes:

The Cabinet Member for Resources, Governance and Performance presented this report which introduced the Budget and Council Tax Setting for 2015/2016.

 

The Council considered Report No. COU/FH/15/004 (previously circulated) which recommended that the level of Band D Council Tax for 2015/2016 be set at the same level as for 2014/2015, at £137.43.  This report also set out the details of the Council’s proposed revenue and capital budgets for 2015/2016. It was confirmed that any budget gap and a decision taken on whether to freeze council tax would be considered each year.

 

The Council was required to consider the budget for the District Council, and set the level of Council Tax for 2015/2016 to fund this budget. The proposed 2015/2016 net revenue budget was £8.288m compared to the 2014/2015 net budget of £8.476m. It is estimated that £11.694m would be spent on the Council’s capital programme during 2015/2016.

 

The Cabinet Member for Resources, Governance and Performance stated that the budget gap of £1.1m was in part due to the reduction in Revenue Support Grant by 49%. Attachment B to the report gave details of how these savings would be met.

 

The Council was required, in considering the budget, to take note of the report by the Head of Resources and Performance (S151 Officer) at Attachment C to the report. The conclusion of the Head of Resources and Performance was that, overall, the estimates were robust, taking into account known risks and mitigating strategies and the reserves were adequate for the 2014/2015 budget plans. Council were asked to have regard to this report when making their decisions on the 2015/2016 budget.

 

The Council had conducted a public consultation last summer by holding five public focus groups and four town/parish focus groups.  The Performance and Audit Scrutiny Committee had also been involved and contributed at an early stage in the budget setting process.

 

Councillor Stephen Edwards thanked all staff and members for their work in achieving this proposed budget.  

 

Councillor Rona Burt responded to a question by confirming that pre planning charges would be introduced in June 2015.

 

It was moved by Councillor Stephen Edwards and seconded by Councillor Tony Wheble. Upon the motion being put to a vote, 22 Members voted for the motion, none against and no abstentions. The names of those Members voting for, against and abstaining being recorded as follows:-Members voted as follows:-

 

For the motion:

 

Chris Barker

David Gathercole

Nigel Roman

Michael Anderson

Warwick Hirst

Bill Sadler

Bill Bishop

Rachel Hood

Tony Simmons

John Bloodworth

Tim Huggan

Eddie Stewart

Dave Bowman

Michael Jefferys

James Waters

Rona Burt

Carol Lynch

Tony Wheble

Simon Cole

Robin Millar

 

Stephen Edwards

Colin Noble

 

 

Against the motion:

 

None

 

Abstention:

 

None

 

RESOLVED:

 

That:-

 

(1)     Having taken into account the information received by Cabinet on 17 February 2015 (report CAB/FH/15/006) including the Report by the Head of Resources and Performance (S151 Officer) set out in Attachment C, together with the up to date information and advice contained in this report, the level of Band D  ...  view the full minutes text for item 28.

29.

Mid Year Treasury Management Monitoring Report 2014/2015 pdf icon PDF 233 KB

Report No: COU/FH/15/005

Cabinet Member: Cllr Stephen Edwards    Lead Officer: Rachael Mann

 

Additional documents:

Minutes:

The Cabinet Member for Resources, Governance and Performance introduced this report and reminded Members that the Council had changed bankers to Lloyds Bank Plc on 1 April 2014. Interest was now being earned on the current account (albeit a low rate of return).

 

Lower interest rates were expected for the next two years and the 2015/16 budget reflected this lowering of income.

 

The Treasury Management Monitoring Report for 2014/2015 was noted.

 

30.

Newmarket Market Licence Regulations pdf icon PDF 234 KB

Report No: COU/FH/15/006

Cabinet Member: Cllr David Bowman      Lead Officer: Liz Watts

 

Additional documents:

Minutes:

The Cabinet Member for Economic Development and Tourism introduced this report which sought approval of the Draft Market Licence Regulations for Newmarket Market.

 

It was moved by Councillor Dave Bowman, seconded by Councillor Michael Anderson and with all voting for the motion and none against, it was

 

RESOLVED:

 

That:-

 

(1)     The Draft Market Licence Regulations (Appendix A) for implementation from 1 March 2015 on Newmarket Market be approved; and

 

(2)     The proposed approach to improve Newmarket Market be agreed.

31.

Joint Development Management Policies Document - Planning Inspector's Report and Adoption pdf icon PDF 266 KB

Report No: COU/FH/15/007

Cabinet Member: Cllr Rona Burt                    Lead Officer: Marie Smith

 

Minutes:

The Cabinet Member for Planning, Housing and Transport introduced this report which asked members to note the recommendations of the Local Plan Working Party and the St Edmundsbury Sustainable Development Working Party in adopting the Joint Development Management Policies Document as modified by the Inspector.

 

It was moved by Councillor Rona Burt, seconded by Councillor David Gathercole and with all voting for the motion, it was

 

RESOLVED:

 

That the following documents attached to Report No: JDM/JT/15/001, be adopted:

 

(1)       The Joint Development Management Policies Document (Appendix B);

 

(2)       Habitats Regulations Screening Assessments for Joint Development Management Policies Document, (Appendix C);

 

(3)       Sustainability Appraisal for Joint Development Management Policies Document, (Appendix D);

 

the Forest Heath District Policies Map, and Town Centre maps for Newmarket, Mildenhall and Brandon (Appendix E)

32.

West Suffolk Shop Front and Advertisement Design Guide: Consultation Responses and Adoption pdf icon PDF 274 KB

Report No: COU/FH/15/008

Cabinet Member: Cllr Rona Burt                   Lead Officer: Marie Smith

 

Additional documents:

Minutes:

The Cabinet Member for Planning, Housing and Transport introduced this report in seeking to adopt as a Supplementary Planning Document, the West Suffolk Shop Front and advertisement Design Guide.

 

It was moved by Councillor Rona Burt, seconded by Councillor David Gathercole and with the majority voting for the motion, and with one abstention, it was

 

RESOLVED:

 

That:-

 

(1)        the West Suffolk Shop Front and Advertisement Design Guide with suggested amendments, as contained in Appendix A to Report CAB/FH/15/009 be adopted as a Supplementary Planning Document, subject to it being noted in the Glossary on page 28 in respect of the second item ‘Building of Local Interest’ , reference to ‘Birmingham’ be deleted and ‘the areas’ inserted therefore; and

 

(2)               the Head of Planning and Growth be given delegated authority to edit/insert appropriate images as part of the final document publishing process.

33.

Regulation of Cosmetic Piercing and Skin Colouring Businesses pdf icon PDF 248 KB

Report No: COU/FH/15/009

Cabinet Member: Cllr Nigel Roman      Lead Officer: Tom Wright

 

Additional documents:

Minutes:

The Cabinet Member for Environment and Waste introduced this report seeking to adopt modern bye-laws to protect consumers and provide a consistent approach with St Edmundsbury Borough Council to facilitiate enforcement.

 

It was moved by Councillor Nigel Roman, seconded by Councillor James Waters and with all in favour of the motion, it was

 

RESOLVED:

 

That the proposed byelaws, as found at Appendices 1 and 2 to Report COU/FH/15/009, for the control of cosmetic piercing and skin colouring, be approved.

34.

West Suffolk Homelessness Strategy pdf icon PDF 247 KB

Report No: COU/FH/15/010

Cabinet Member: Cllr Rona Burt              Lead Officer: Simon Phelan

 

Additional documents:

Minutes:

The Cabinet Member for Planning, Housing and Transport introduced this report which sets out the strategy for the West Suffolk Councils in addressing and preventing homelessness. The Council were required to produce such a strategy at least every five years.

 

It was moved by Councillor Rona Burt, seconded by Councillor Nigel Roman and with all in favour of the motion, it was

 

RESOLVED:

 

That the West Suffolk Homelessness Strategy 2015-2018 as contained in Appendix A to COU/FH/15/010 be adopted.

35.

Queensbury Lodge, Cottage and Stables, Newmarket pdf icon PDF 261 KB

Report No: COU/FH/15/011

Cabinet Member: Cllr Rona Burt                   Lead Officer: Steven Wood

 

 

Additional documents:

Minutes:

The Cabinet Member for Planning, Housing and Transport introduced this report seeking approval for appropriate action to preserve Queensbury Lodge.  This site had a long planning history and members were pleased that action was now being taken to resolve this issue.

 

It was moved by Councillor Rona Burt, seconded by Councillor Nigel Roman and with all in favour of the motion, it was

 

RESOLVED:

 

That the Head of Planning and Growth, subject to approval of costs and regular reports, be given delegated authority to:

 

(1)         Continue to negotiate with the owners with the aim of securing the preservation of the buildings and an acceptable end use for the site.

(2)         Commence action under Section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990, if necessary, to secure the preservation of the buildings. 

(3)         Take action under Section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990, if necessary, to secure the preservation of the buildings.

(4)         Appoint consultants to undertake a feasibility study and development brief for the site (after a tender process) in order to establish a viable use which meets the Council’s objectives.

(5)         Begin compulsory purchase proceedings, if necessary, to secure the preservation of the buildings.

(6)         Serve a Notice to require tidying of the site under Section 215 of the Town and Country Planning Act 1990. 

36.

Anglia Community Leisure - Changes to Governance pdf icon PDF 260 KB

Report No: COU/FH/15/012

Cabinet Member: Cllr Warwick Hirst    Lead Officer: Alex Wilson

 

 

Minutes:

The Cabinet Member for Health, Leisure and Culture introduced this report seeking approval for the novation of current legal agreements between the Council and Anglia Community Leisure.

 

In response to questions, Councillor Warwick Hirst confirmed that there would be no changes to the leisure centres themselves and that usage at all leisure centres had increased.

 

It was moved by Councillor Warwick Hirst, seconded by Councillor Tony Wheble and with the majority in favour of the motion, and two abstentions, it was

 

RESOLVED:

 

That:-

 

(1)     the existing management and funding agreements between Forest Heath District Council and Anglia Community Leisure be novated on 1 April 2015 to Abbeycroft Leisure to allow the formation of a single merged trust;  and

(2)     Forest Heath District Council agrees to act as guarantor for the pension scheme applicable only to its own former employees who transferred to Anglia Community Leisure.

37.

Pensions Discretions Policy pdf icon PDF 212 KB

Report No: COU/FH/15/013

Cabinet Member: Cllr Stephen Edwards    Lead Officer: Karen Points

 

Additional documents:

Minutes:

The Cabinet Member for Resources, Governance and Performance introduced this report which sought approval by Council of a number of discretionary options within the new pension regulations.

 

It was moved by Councillor Stephen Edwards, seconded by Councillor Rona Burt, and with all in favour of the motion, it was

 

RESOLVED:

 

That:-

 

the Pension Discretions Policy, attached as Appendix A to Report COU/FH/15/013, be approved

38.

Constitution Review - clarification on Referrals Report and questions and motions on notice pdf icon PDF 238 KB

Report No: COU/FH/15/014

Cabinet Member: Cllr Stephen Edwards    Lead Officer: Joy Bowes

 

Additional documents:

Minutes:

The Cabinet Member for Resources, Governance and Performance introduced this report which sought to clarify two of the principles discussed at the last Council meeting, these being the introduction of a Referrals Report and Questions on Notice.

 

Members discussed the proposed principle of allowing each member to be able to ask only one question on notice, and, in general, agreed that this was reasonable.

 

It was moved by Councillor Stephen Edwards, seconded by Councillor Rona Burt, and with the majority in favour of the motion, and one against,  it was

 

RESOLVED:

 

That the two principles deferred from last meeting be approved.

39.

Calendar of Meetings for 2015/2016 pdf icon PDF 213 KB

Report No: COU/FH/15/015

Cabinet Member: Cllr James Waters    Lead Officer: Karen Points

 

Additional documents:

Minutes:

The Leader of the Council introduced this report seeking approval of the Calendar of Meetings for 2015/2016.

 

It was moved by Councillor James Waters, seconded by Councillor Bill Sadler, and with all in favour of the motion, it was

 

RESOLVED:

 

That the Calendar of Meetings for 2015/2016, as detailed in Appendix A to Report No. COU/FH/15/015, be approved.

 

40.

Questions

Questions, if any, pursuant to notice under Paragraph 8 of Part 4A of the Council Procedure Rules.

Minutes:

There were no questions.

41.

Urgent business

Such other business which, in the opinion of the Chairman, should be considered as a matter of urgency to be specified in the minutes.

Minutes:

There was no urgent business.