Agenda and minutes

To confirm as a correct record the minutes of the Council meeting held on 20 December 2017 (copy attached).

Councillor Victor Lukaniuk made reference to Minute No 282 and the reference therein to the questions he raised in relation to The Flowerpot and the Industrial Estate in Brandon.  He thanked the Assistant Director (Operations) for his response but did not consider all his questions to have been fully addressed.

The Chairman explained that under the Council’s Constitution no discussion was permitted on the minutes except with regard to their accuracy.  As such, Councillor Lukaniuk was advised to raise this matter seperately with the Assistant Director (Operations).

The minutes of the meeting held on 20 December 2017 were then received as an accurate record, with 19 voting for the motion, 1 against and with 2 abstentions, and were signed by the Chairman.

Report No: COU/FH/18/001

The report was noted.

Apologies for absence were received from Councillors Rona Burt, Louis Busuttil and Lance Stanbury.

Councillor Louise Marston was also unable to attend the meeting.

(Councillor Roger Dicker joined the meeting at 6.05pm on commencement of this item.)

Members are reminded of their responsibility to declare any disclosable pecuniary interest not entered in the Authority's register or local non pecuniary interest which they have in any item of business on the agenda (subject to the exception for sensitive information) and to leave the meeting prior to discussion and voting on an item in which they have a disclosable pecuniary interest.

The following Declarations of Interest were made in respect of Agenda Item 9 (Report No: COU/FH/18/004):

Councillor James Waters declared a local non pecuniary interest in this item as an owner of a site within the emerging Local Plan.  The site was proposed for allocation and already had a resolution to grant planning permission.  Councillor Waters stated that he did not, therefore, stand to gain from the report on the agenda and would take part and vote on the item.

Councillors Andrew Appleby, Andy Drummond and Robert Nobbs declared  local non pecuniary interests in this item in that they had made comments in the past in relation to this matter. They indicated that they would abstain from taking part and voting on the report.

Report No: COU/FH/18/002

Council Procedure Rule 8.2 states that ‘the Leader of the Council will introduce the statement and members may ask the Leader questions on the content of both his/her introductory remarks and the written report. All questions will be answered immediately by the Leader or by the relevant Cabinet Member if the Leader refers any question to him or her, unless sufficient information to give an answer is not available. In these circumstances the member asking the question will receive a response in writing within five working days of the Council meeting at which the question was asked.’

8.3 - A total of 30 minutes will be allowed for questions and responses. There will be a limit of five minutes for each question to be asked and answered. The member asking the original question may put a supplementary question arising from the reply so long as the five minute limit is not exceeded.

The Leader presented his statement to the meeting as set out in Report No COU/FH/18/002.

Councillor Victor Lukaniuk raised a question with regard to the Toggam Solar Farm as made reference to within the statement.  He asked the Leader at what point would the solar farm generate the predicted £700,000 per annum income.

In response, the Leader explained that this was on course to be achieved by year 10 of the investment.  The Leader also stressed how the scheme had enabled Forest Heath District Council to become carbon neutral.  He also explained that other commercially sensitive investment proposals were being explored by the Authority.

Councillor Simon Cole also raised a question with regard to recent media reports concerning the District Council’s Community Chest Fund allocations.

The Leader welcomed the question and stressed the importance of the Council in supporting the District’s valuable local and voluntary organisations.  He explained that he had written to the newspaper in question to correct some of the misconceptions and he would ensure that his letter was shared with all Members.

The report was noted.

Council Procedure Rule 6 Members of the public who live or work in the District are invited to put one question of not more than five minutes duration.  A person who wishes to speak must register at least fifteen minutes before the time the meeting is scheduled to start.*

(Note: the maximum time to be set aside for this item is 30 minutes, but if all questions are dealt with sooner, or if there are no questions, the Council will proceed to the next business.)

Each person may ask one question only.  A total of five minutes will be allowed for the question to be put and answered.  One further question will be allowed arising directly from the reply provided that the original time limit of five minutes is not exceeded.

Written questions may be submitted by members of the public to the Service Manager (Democratic Services) no later than 10.00am Tuesday 20 February 2018.  The written notification should detail the full question to be asked at the meeting of the Council.*

*For further information, see the Public Information Sheet attached to this agenda.

There were no questions or statements from members of the public. 

Following comments made at the Council meeting of 26 July 2017, and a subsequent complaint being made, it was determined that Councillor Reg Silvester had breached the Code of Conduct and was requested to apologise to Councillor Simon Cole at the next available meetings of both the Overview and Scrutiny Committee and Council.

Councillor Silvester formally offered apologies to Councillor Cole at the meeting of the Overview and Scrutiny Committee on 9 November 2017.

The Service Manager (Democratic Services) explained that following comments made at the Council meeting of 26 July 2017, and a subsequent complaint being made, it was determined that Councillor Reg Silvester had breached the Code of Conduct and was requested to apologise to Councillor Simon Cole at the next available meetings of both the Overview and Scrutiny Committee and Council.

Councillor Silvester had formally offered apologies to Councillor Cole at the meeting of the Overview and Scrutiny Committee on 9 November 2017.

At the invitation of the Chairman, Councillor Silvester again formally apologised to Councillor Cole and apologised for any offence caused by the language he used.

The Chairman thanked Councillor Silvester and stated that the matter was now closed. 

Report No: COU/FH/18/003

Referrals from Cabinet: 13 February 2018

1.   Treasury Management Report 2017/2018 and Investment Activity (April to December 2017)

Cabinet Member: Councillor Stephen Edwards

2.   Treasury Management Policy Statement and Investment Strategy 2018/2019 and Treasury Management Code of Practice

Cabinet Member: Councillor Stephen Edwards

3.   Budget and Council Tax Setting 2018/2019 and Medium Term Financial Strategy 2018 – 2022

Cabinet Member: Councillor Stephen Edwards

          (This item will be considered separately as part of Agenda Item 11.    below.)

4.   Overarching West Suffolk Growth Investment Strategy, Governance and Delegation

Cabinet Members: Councillors Lance Stanbury and Stephen Edwards

(For ease of reference the full Cabinet report (Report No: CAB/FH/18/014 and appendices) is attached to this referral as Appendix 1.)

The Council considered the referral report of recommendations from Cabinet as set out in Report No COU/FH/18/003:

1.   Treasury Management Report 2017-2018 and Investment Activity (April – December 2017)

(Cabinet: 13 February 2018)

Councillor Stephen Edwards, Cabinet Member for Resources and Performance, presented this referral item.

Councillor Peter Ridgwell raised a question with regard to the Barclays loan as identified in Paragraph 1.3 of the report.  The Cabinet Member explained that, as Councillor Ridgwell had been advised previously during meetings of the Performance and Audit Scrutiny Committee, the loan in question was inherited by the current administration and there was currently no way out of the agreement until 2078.

On the motion of the Cabinet Member, seconded by Councillor Andy Drummond, and with the vote being unanimous, it was

RESOLVED:

That the Treasury Management Report 2017-2018 for the period 1 April 2017 to 31 December 2017, attached at Appendix 1 to Report No PAS/FH/18/008, be approved.

2.   Treasury Management Policy Statement and Investment Strategy 2018-2019 and Treasury Management Code of Practice

(Cabinet: 13 February 2018)

Councillor Stephen Edwards, Cabinet Member for Resources and Performance, presented this referral item.

On the motion of the Cabinet Member, seconded by Councillor David Bowman, and with the vote being unanimous, it was

RESOLVED:

That:-

1.           The Updated (December 2017) Treasury Management in the Public Services Code of Practice and Cross-Sectional Guidance Notes, be adopted;

2.           The Treasury Management Policy Statement and Investment Strategy 2018-2019, as set out in Appendix 1 and 2 to Report No: PAS/FH/18/009, be approved; and

3.           The Treasury Management Code of Practice 2018-2019, as set out in Appendix 3 and 4 to Report No: PAS/FH/18/009, be approved.

3.   Budget and Council Tax Setting: 2018/2019 and Medium Term Financial Strategy 2018-2022

(Cabinet: 13 February 2018)

Members were asked to note the Cabinet recommendations in respect of this item as it was to be considered separately by Council under Item 11 of the agenda (Report No: COU/FH/18/006).

4.   Overarching West Suffolk Growth Investment Strategy, Governance and Delegation

(Cabinet: 13 February 2018)

In the absence of the Cabinet Member for Planning and Growth, the Leader presented this referral item.

The Service Manager (Democratic Services) explained that Officers were aware of some minor typographical errors within the Strategy and these would be addressed under the delegation afforded to the Monitoring Officer at recommendation 3.

On the motion of the Leader, seconded by Councillor Simon Cole, and with the vote being unanimous, it was

RESOLVED:

That:-

1.           The Overarching West Suffolk Growth Investment Strategy, as attached at Appendix A to Report No: CAB/FH/18/014, be approved;

2.           Subject to the safeguards set out within Report No: CAB/FH/18/014, as detailed in Table 1 at paragraph 6.4, decisions on expenditure  made from the previously approved capital and revenue Growth Investment Fund, be agreed as follows:

(a)     in accordance with Section 1.3 (b) of the Cabinet Procedure Rules contained within Part 4 of the Constitution which allows the Leader to amend the delegations to individual Cabinet Members, the relevant  ...  view the full minutes text for item 292.

Report No: COU/FH/18/004

(Councillors Andrew Appleby, Andy Drummond, Robert Nobbs and James Waters had declared interests in this item earlier in the meeting.)

The Chairman opened this item and explained that the Council’s Core Strategy Single Issue Review and the Site Allocations Local Plan were submitted to the Secretary of State in March 2017, following which two Inspectors were appointed and hearings were held throughout September and October 2017.

The Inspectors wrote to the Council in January 2018 setting out their soundness concerns in relation to the balance of distribution of housing between Market Towns and Key Service Centres and indicating possible ways forward.

Accordingly, this report was presented to Council in order for Members to consider revised distribution options to address the specific concerns raised, as outlined in Paragraph 7 onwards of Report No COU/FH/18/004.

The Chairman explained that Officers were aware that Members had been sent correspondence from third parties in relation to this agenda item and reminded the meeting that any revised distribution option would be subject to a six week period of public consultation during which all representations could be appropriately made.

In the absence of the Cabinet Member for Planning and Growth, the Deputy Leader presented this report in his capacity as Vice Chairman of the Local Plan Working Group.

The Deputy Leader summarised the ‘journey’ the Authority’s Local Plan had been on and outlined the Inspectors’ response in relation to the recommended options before Members.

It was moved by the Deputy Leader, seconded by Councillor Simon Cole and with 20 voting for the motion and 3 abstentions, it was

RESOLVED:

That:-

1.   The Council endorse Option A in response to the Inspectors’ letter dated 10 January 2018 (attached as Annex A of Report No COU/FH/18/004) and reconsider the balance of distribution between the Towns and Key Service Centres and put forward proposed main modifications accordingly; and

2.   The Assistant Director of Growth, in consultation with the Portfolio Holder for Planning and Growth, Chairman and Vice-Chairman of the Local Plan Working Group, be given Delegated Authority to authorise all proposed main modifications and additional modifications on the Single Issue Review (SIR) and Site Allocations Local Plan (SALP) based on the housing redistribution Option 4 (as detailed in Annex C) which would result in an additional 450 homes at Newmarket together with 5ha of employment and a school; and reduce the distribution in both Red Lodge (by 50 homes) and Lakenheath (by 165 homes).

The revised distribution option would be subject to a six week period of public consultation as part of the consultation on Local Plan modifications. 

Report No: COU/FH/18/005

This report asked Council to consider the expected legislative process and policy requirements of the Ministry of Housing, Communities and Local Government (MHCLG) and sought Members’ support towards the proposed next steps as set out within Report No COU/FH/18/005.

The Chairman drew attention to the addendum paper which had been circulated after the agenda was published. 

The Cabinet Member for Resources and Performance also made reference to Councillors having been given access to the draft orders which were currently confidential and not in the public domain.

Councillor Reg Silvester raised questions with regard to the impact the formation of the West Suffolk Council would have on staff resource and the planned Mildenhall Hub development. 

The Chairman stated that whilst Councillor Silvester’s questions were not directly related to the report before Council she permitted Officers to respond.

The Service Manager (Democratic Services) advised that the business case agreed by both West Suffolk Councils in September 2017 did not propose staff redundancies as a result of the single council and staff had been operating under a single staffing structure since 2012.

The Director responded with regard to the Mildenhall Hub and reiterated that the Mildenhall Hub scheme was a much needed community facility for Mildenhall and the surrounding area.  It would include a new leisure centre, a swimming pool and a new high school amongst other facilities – it was not simply a replacement for the District Offices.  West Suffolk staff currently worked across two main sites (West Suffolk House and the District Offices) and this would continue once the Hub was in operation.

On the motion of the Cabinet Member, seconded by the Leader and with 21 voting for the motion and 2 against, it was

RESOLVED:

That:-

1.   The policy requirements and next steps to create a single Council for West Suffolk as set out in Report No COU/FH/18/005, be endorsed; and

2.   Cabinet be recommended to delegate the Chief Executive, in consultation with the Leaders of the Councils and the Chairman and Vice-Chairman of the Future Governance Steering Group, to authorise the relevant Orders on the condition that they remain in line with the policy requirements within this report.

Report No: COU/FH/18/006

Councillor Stephen Edwards, Cabinet Member for Resources and Performance, presented this report which set out the Council’s proposed revenue and capital budgets for 2018 – 2022 and sought approval to set the level of Council Tax required to fund the budget.

The Cabinet Member praised Officers and Members for their efforts in the production of the budget report and thanked the Performance & Audit Scrutiny Committee for their valued input.

He drew attention to the supplementary papers that had been circulated following publication of the agenda, which set out the recommendations in full after having been mistakenly truncated in the report.  Members were also directed to Recommendation 2.(iv.) and advised that the reference therein to St Edmundsbury Borough Council should read Forest Heath District Council.

Following the motion of the Cabinet Member, as seconded by the Deputy Leader, the Service Manager (Democratic Services) explained that a recorded vote was legally required for this item. 

Upon being put to the vote Members voted as follows:

With the vote being unanimous, it was

          RESOLVED:

          That:-

1.   Having taking into account the information received by Cabinet on 13 February 2018 (Report No: CAB/FH/18/013) including the report by the Assistant Director (Resources and Performance) / Section 151 Officer set out in Attachment C, together with the up to date information and advice contained in Report No: COU/FH/18/006, the level of Band D Council Tax for 2018/2019 be set at £147.33;

2.   Subject to 1. above, the following formal Council Tax resolution be adopted:-

                             i.        The revenue and capital budget for 2018-2022 attached at Attachment A, and as detailed in Attachment D, Appendices 1 – 5 , Attachment E and Attachment F, be approved;

                            ii.        A general fund balance of £2 million be agreed to be maintained, as details in Paragraph 1.11.2;

                           iii.        The statutory calculations under Section 30 to 36 of the Local Government Finance Act 1992, attached as Attachment I, be noted;

                          iv.        The Suffolk County Council and Suffolk Police Authority precepts issued to Forest Heath District Council, in accordance with Section 40 of the Local Government Finance Act 1992 and outlined at Paragraphs 2.5 and 2.6 be noted;

                            v.        In accordance with Section 30(2) of the Local Government Finance Act 1992, the amounts shown in Schedule D of Attachment H be agreed as the amount of Council Tax for the year 2018/2019 for each of the categories of dwellings shown; and

3.   The Assistant Director (Resources and Performance), in consultation with the Portfolio Holder for Resources and Performance, be authorised to transfer any surplus  ...  view the full minutes text for item 295.

Report No: COU/FH/18/007

The Cabinet Member for Resources and Performance presented this report which proposed necessary amendments to the Constitution in order to assign responsibility for brownfield land register management.

On the motion of the Cabinet Member, seconded by Councillor Simon Cole and with the vote being unanimous, it was

RESOLVED:

That the amendment to the Scheme of Delegation, as set out in Paragraph 1.5 of Report No COU/FH/18/007, be agreed and the Monitoring Officer be authorised to make the necessary constitutional amendments to reflect this.

(Councillor Reg Silvester was absent from the meeting during the consideration of and voting on this item.)

Report No: COU/FH/18/008

The Cabinet Member for Resources and Performance presented the Calendar of Meetings for 2018/2019 for approval.

The Chairman highlighted to Members that the calendar contained a higher quantity of meetings than a usual municipal year in light of the important journey ahead towards the creation of a single council for West Suffolk.  Any meetings that were not required would be cancelled.

On the motion of the Cabinet Member, seconded by Councillor John Bloodworth and with the vote being unanimous, it was

RESOLVED:

That the Calendar of Meetings for 2018/2019, attached as Appendix A to Report No COU/FH/18/008, be approved.

Development Control Committee                  3 January 2018

Overview and Scrutiny Committee               11 January 2018

Licensing and Regulatory Committee           22 January 2018

Performance and Audit Scrutiny Committee 31 January 2018

There were no questions to Chairmen of other Committees.

The Council will consider any urgent questions on notice that were notified to the Service Manager (Democratic Services) by 11.00am on the day of the meeting. 

There were no urgent questions on notice.