Agenda and minutes

To confirm the minutes of the meeting held on 7 July 2015 (copy attached).

Subject to amendments to the final paragraph of Minute 69 so that it read to the following, the public and exempt minutes of the meeting held on 7 July 2015 were confirmed as a correct record and signed by the Mayor:

‘In a response to a question from Colin Hilder of Fornham Ward about whether the Development Control Committee would be reviewing the current procedures for planning enforcement, Councillor Pugh, Portfolio Holder for Planning and Growth explained the plans to improve performance on planning enforcement, including the introduction of the quarterly monitoring reports.’

The Mayor reported on the civic engagements and charity activities which he, the Mayoress, Deputy Mayor and Consort had attended since 7 July 2015.

To receive announcements (if any) from the officer advising the Mayor (including apologies for absence)

Apologies for absence were received from Councillors Terry Buckle, Bob Cockle and Jeremy Farthing.

Members are reminded of their responsibility to declare any pecuniary or local non pecuniary interest which they have in any item of business on the agenda no later than when that item is reached and, when appropriate, to leave the meeting prior to discussion and voting on the item.

Members’ declarations of interests are recorded under the item to which the declaration relates.

Paper No: COU/SE/15/027

(Council Procedure Rules 8.1 – 8.3) Members may ask the Leader questions on the content of both his introductory remarks and the written statement itself.

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. A supplementary question arising from the reply may be asked so long as the five minute limit is not exceeded.

Councillor John Griffiths, Leader of the Council, presented his statement as contained in Paper COU/SE/15/027.

He provided updates on the devolution agenda; the role of the Suffolk authorities in supporting nationwide plans for addressing the current refugee crisis in Europe; and that Suffolk councils had agreed to launch a call for potential short term Gypsy and Traveller sites across the county in an attempt to mitigate unauthorised encampments.

In response to a question regarding the allocation of feasibility funding to major projects without the guarantee that the project would be delivered, Councillor Griffiths stated that particularly in light of the expected future cut in the Government settlement grant, the Council must continue to make a combination of savings and income. Savings and income generated over the longer term often required significant investment in projects, which required the necessary expertise and forward funding to undertake feasibility studies to ensure the project was viable.

(Council Procedure Rules Section 6) Members of the public who live or work in the Borough are invited to put one question of not more than five minutes duration.

(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 and Elections) no later than 10.00 am on Monday 21 September 2015. The written notification should detail the full question to be asked at the meeting of the Council.)

The following questions were put and answered during this item:

1.  Adrian Williams of Bury St Edmunds, asked a question in connection with his objection to the recommendation of the Sustainable Development Working Party and Cabinet to reinstate the originally proposed site for potential Gypsy and Traveller accommodation in the Masterplan for the South East Bury St Edmunds strategic development site, and how this appeared to go against the decision of the Development Control Committee which had refused permission for a planning application for Gypsy and Traveller accommodation in this location.

In response, Councillor Alaric Pugh, Portfolio Holder for Planning and Growth stated that the decision to refuse planning permission had been taken into account during the Council’s consideration of the Masterplan.  The emergence and recommended adoption of this document would amount to a material change in circumstances which could affect and influence any outstanding appeal, particularly as upon adoption of the Masterplan, the first reason for refusal would fall away.  Councillor Pugh continued with explaining that the importance of the community woodland site in the wider landscape would be changed given that the Masterplan development would subsequently provide many hectares of public open space, including new woodlands and therefore the existing community woodland land had become more appropriate as a potential Gypsy and Traveller site. 

2.  John Corrie of Bury St Edmunds, asked a question in connection with the above topic, including the decision of the Development Control Committee to refuse permission for a planning application for Gypsy and Traveller accommodation in this location. Mr Corrie also made reference to the current land ownership of the community woodland site and how alternative Gypsy and Traveller sites in the Borough should be sought.

In response, Councillor Alaric Pugh, Portfolio Holder for Planning and Growth reiterated his comments to Mr Williams to Mr Corrie, adding that the need for Gypsy and Traveller accommodation did not form part of the reasons for refusing the proposed development at the woodland site.

In his supplementary question, Mr Corrie referred to Suffolk County Council as landowner, not making the community woodland site available for Gypsy and Traveller accommodation.  In response, Councillor Pugh stated it was inappropriate to comment on the land ownership issue as full Council was considering the adoption of the Masterplan for the South East Bury St Edmunds strategic development site and not a planning application for Gypsy and Traveller accommodation.

3.  In response to a question from Simon Harding of Bury St Edmunds, which was in connection with the Council’s support for more food self-sufficiency and the reduction in food imports and miles, Councillor Alaric Pugh, Portfolio Holder for Planning and Growth, explained how the Council supported the policy, particularly in terms of promoting economic growth. He quoted Actions contained in the West Suffolk Six Point Plan for Jobs and Growth which indicated how the Council was committed to local businesses, provisions markets and the agricultural sector in helping to support national policy.

In a supplementary question, Mr Harding asked how the  ...  view the full minutes text for item 87.

(a)    Long Service Awards

On 16 July 1991 (Council Minute 28 refers) (and in addition to the statutory provision for the creation of Honorary Freemen and Honorary Aldermen) the Council created a third award option, namely formal acknowledgement of 12 years or more cumulative service by former Members of the Council.  Accordingly, the following motions in respect of those who are eligible for the award will be moved individually by Councillor Griffiths, and upon the individual approval of each resolution by the Council, the Mayor will present a framed copy of such resolution to the former Member concerned:

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“That, in recognition of twelve years of dedicated public service by

PAUL STEPHEN FARMER MBE

as an elected Member of the Council for Abbeygate Ward, Bury St Edmunds and in acknowledgement of his contribution to the work of the Borough Council, and his service to the community and fulfilment of the duties and responsibilities of a Councillor, the Council hereby record its thanks and deep appreciation.”

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“That, in recognition of twelve years of dedicated cumulative public service by

PHILLIP MORTON FRENCH

as an elected Member of the Council for the Cangle, Haverhill North and Haverhill South Wards, and in acknowledgement of his contribution to the work of the Borough Council, and his service to the community and fulfilment of the duties and responsibilities of a Councillor, the Council hereby record its thanks and deep appreciation.”

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“That, in recognition of twelve years of dedicated public service by

CHRISTOPHER JAMES EVAN SPICER

as an elected Member of the Council for the Pakenham Ward, and in acknowledgement of his contribution to the work of the Borough Council, including his term of office as Mayor for 2011/2012, and his service to the community and fulfilment of the duties and responsibilities of a Councillor, the Council hereby record its thanks and deep appreciation.”

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“That, in recognition of twelve years of dedicated public service by

ADAM WHITTAKER

as an elected Member of the Council for Haverhill West Ward, and in acknowledgement of his contribution to the work of the Borough Council, and his service to the community and fulfilment of the duties and responsibilities of a Councillor, the Council hereby record its thanks and deep appreciation.”

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“That, in recognition of thirteen years of dedicated public service by

STEFAN ROBERT MORGAN OLIVER

as an elected Member of the Council for the Westgate Ward, Bury St Edmunds and in acknowledgement of his contribution to the work of the Borough Council, including his term of office as Mayor for 2005/2006, and his service to the community and fulfilment of the duties and responsibilities of a Councillor, the Council hereby record its thanks and deep appreciation.”

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“That, in recognition of sixteen years of dedicated public service by

HELEN MARY LEVACK

as an elected Member of the Council for the Risby Ward, and in acknowledgement of her contribution to the work of the Borough Council, and her service to the community and fulfilment of the  ...  view the full agenda text for item 88.

(During the consideration of the motions for the Long Service Awards, Councillor Julia Wakelam, Deputy Mayor, duly took the Chair to enable the Mayor to present framed copies of their specific resolutions to each former Councillor in attendance.)

On 16 July 1991 and in addition to the statutory provision for the creation of Honorary Freeman and Honorary Alderman, the Council created a third award option, namely formal acknowledgement of 12 years or more cumulative service by former Members of the Council. Accordingly, the following motions in respect of those who were eligible for the award were duly carried.

(1)    Paul Farmer MBE

On the motion of Councillor John Griffiths, seconded by Councillor Sara Mildmay-White, and duly carried, it was

RESOLVED:

That, in recognition of twelve years of dedicated public service by Paul Stephen Farmer MBE as an elected Member of the Council for Abbeygate Ward, Bury St Edmunds and in acknowledgement of his contribution to the work of the Borough Council, and his service to the community and fulfilment of the duties and responsibilities of a Councillor, the Council hereby record its thanks and deep appreciation.

(2)    Phillip French

On the motion of Councillor John Griffiths, seconded by Councillor Frank Warby, and duly carried, it was

RESOLVED:

That, in recognition of twelve years of dedicated cumulative public service by Phillip Morton French as an elected Member of the Council for the Cangle, Haverhill North and Haverhill South Wards, and in acknowledgement of his contribution to the work of the Borough Council, and his service to the community and fulfilment of the duties and responsibilities of a Councillor, the Council hereby record its thanks and deep appreciation.

(3)    Christopher Spicer

On the motion of Councillor John Griffiths, seconded by Councillor Peter Stevens, and duly carried, it was

RESOLVED:

That, in recognition of twelve years of dedicated public service by Christopher James Evan Spicer as an elected Member of the Council for the Pakenham Ward, and in acknowledgement of his contribution to the work of the Borough Council, including his term of office as Mayor for 2011/2012, and his service to the community and fulfilment of the duties and responsibilities of a Councillor, the Council hereby record its thanks and deep appreciation.

(4)    Adam Whittaker

On the motion of Councillor John Griffiths, seconded by Councillor Terry Clements, and duly carried, it was

RESOLVED:

That, in recognition of twelve years of dedicated public service by Adam Whittaker as an elected Member of the Council for Haverhill West Ward, and in acknowledgement of his contribution to the work of the Borough Council, and his service to the community and fulfilment of the duties and responsibilities of a Councillor, the Council hereby record its thanks and deep appreciation.

(5)    Stefan Oliver

On the motion of Councillor John Griffiths, seconded by Councillor Sarah Stamp, and duly carried, it was

RESOLVED:

That, in recognition of thirteen years of dedicated public service by Stefan Robert Morgan Oliver as an elected Member of the Council for the Westgate  ...  view the full minutes text for item 88.

On the motion of Councillor John Griffiths, seconded by Councillor Sara Mildmay-White, and duly carried, it was

RESOLVED:

That the Council records a vote of thanks in respect of the former

Councillors who had not been re-elected or had not stood for re-election,

namely, former Councillors Maureen Byrne, Anne Gower, the late Paul McManus, David Ray, Marion Rushbrook, Paul Simner and Dorothy Whittaker.

It had been proposed by the Cabinet that former Cabinet Members that were not eligible for Long Service Awards should also receive separate formal acknowledgement by the Council for their contribution to the work of the Borough Council’s executive through their roles as Portfolio Holders.  In relation to such councillors not re-elected in May 2015, the Cabinet would pass such a resolution of thanks at its own meeting on 20 October 2015, but Council considered that in future, it would be appropriate for it to make such an acknowledgement directly alongside other votes of thanks. 

On the motion of Councillor John Griffiths, seconded by Councillor Robert Everitt, and duly carried, it was

RESOLVED:

That, in future, the Council in acknowledgement of their contributions to the work of the Borough Council through their roles as Portfolio Holders, and for their service to the community and fulfilment of the duties and responsibilities of a Councillor, shall record its thanks and deep appreciation to former Cabinet Members not eligible for Long Service Awards.

Report No: COU/SE/15/028

Council considered the Referrals report of Recommendations from Cabinet, as contained within Report No: COU/SE/15/028.

(A)    Referrals from Cabinet: 1 September 2015

1.       West Suffolk Strategic Plan and Medium Term Financial Strategy 2016-2020

Approval was sought for the West Suffolk Strategic Plan and Medium Term Financial Strategy 2016-2020.

Councillor Ian Houlder, Portfolio Holder for Resources and Performance drew relevant issues to the attention of Council, including that the draft documents had both been updated through a ‘light touch’ review, which focussed on updating the projects and actions within the existing frameworks and making minor changes to reflect developments in legislation or local government financing arrangements. 

A discussion was held on investing in affordable housing and encouraging developers to build high energy efficient homes.

On the motion of Councillor Ian Houlder, seconded by Councillor Clive Springett, and duly carried, it was

RESOLVED:

That subject to updates and amendments by the Leaders, as detailed in paragraphs 13 and 14 of Report No: CAB/SE/15/048, the:

(1)     West Suffolk Strategic Plan 2016-2020; and

(2)     West Suffolk Medium Term Financial Strategy 2016-2020, be adopted.

2.       West Suffolk Investment Framework

Approval was sought for the West Suffolk Investment Framework.

Councillor Ian Houlder, Portfolio Holder for Resources and Performance drew relevant issues to the attention of Council, including that the Investment Framework supported staff and Members throughout the initial development stages to the decision making process for the Councils’ key strategic projects, particularly those that required the Councils to invest.  It also supported the Councils’ compliance with the ‘The Prudential Code for Capital Finance in Local Authorities’.

In addition, a number of West Suffolk’s key strategic projects had the potential to commit significant capital sums, as well as officer and Member resources. It was important therefore that feasibility funding was made available at the early stages of these business case developments, so as to unlock these projects and their investment potential and to enable the necessary progress to a full business case and the identification of a preferred way forward for Member scrutiny and approval.

On the motion of Councillor Ian Houlder, seconded by Councillor Patsy Warby, and duly carried, it was

RESOLVED:

That the West Suffolk Investment Framework attached at Attachment A to Report No: CAB/SE/15/049, be approved.

(B)    Referrals from Cabinet: 8 September 2015

1.       West Suffolk Operational Hub

Approval was sought for the Borough Council’s contribution of £108,000 funding to enable the West Suffolk Operational Hub project to progress.

Councillor Peter Stevens, Portfolio Holder for Operations drew relevant issues to the attention of Council, including that on 8 September 2015, the Cabinet resolved that:

(1)     the contents of Report No: CAB/SE/15/050, be noted;

(2)     approval is given for a further six-week period of public pre-application consultation that will give an opportunity for suggestions for alternative sites and provide information for public scrutiny including the:

(i)      case for a shared waste hub;

(ii)     site selection criteria;

(iii)    process of site selection; and

(iv)    sustainability appraisal.

While Cabinet had approved (2) above as  ...  view the full minutes text for item 91.

Report No: COU/SE/15/029

Council considered Report No: COU/SE/15/029, which sought  endorsement of Suffolk’s Expression of Interest to Government regarding devolution as the basis for future detailed negotiations with Government; and of the proposed approach to negotiation with Government throughout autumn 2015, in advance of final sign-off of more detailed proposals by Council.

Councillor John Griffiths, Leader of the Council drew relevant issues to the attention of Council, including that since the devolution proposal, contained in Appendix A, had been submitted to Government on 4 September 2015, some feedback had been received.  Alongside taking forward the work on integrating the public sector in Suffolk, advice had been given to consider the possibility of forming a wider combined authority with Norfolk, to which Government could devolve powers around growth and infrastructure.

He added that commitment was still shown for the proposals contained in Appendix A, whether they would be taken forward by a combined authority; on a Suffolk-wide basis or in another way was to be determined.

Discussion was held on the tight timescales regarding the submission of  the bid, which was because plans needed to be in place for decisions to be taken by Government before the Spending Review in November 2015; however the majority of Members recognised the benefits that could be had for West Suffolk, including pursuing the issue of subsidiarity (double devolution) i.e. what SCC could devolve to the Suffolk district and borough councils.

Liz Watts, one the two Directors for the West Suffolk councils, would shortly be leaving the organisation to take up the post of Chief Executive for East Hertfordshire District Council.  Councillor Griffiths wished to place on record his sincere thanks to Liz and commended her sterling work with the councils over the previous years.  Members supported this sentiment.

On the motion of Councillor John Griffiths, seconded by Councillor Ian Houlder, and duly carried it was

RESOLVED: That

(1)   Suffolk’s ambition for devolution contained in its Expression of Interest to Government as the basis for future detailed negotiation with Government throughout the autumn 2015, be endorsed;

(2)   the approach to negotiating more detailed proposals with Government be endorsed; and

(3)   it be agreed that following negotiation with the Government, any proposed devolved arrangements will be subject to consideration and agreement by full Council.

(Councillor Jim Thorndyke left the meeting during the consideration of this item.)

Report No: COU/SE/15/030

Council considered Report No: COU/SE/15/030, which sought approval for changes to the Council’s Petition Scheme to reflect a duty which gave local residents and businesses the right to challenge parking policies set out in Traffic Regulation Orders (TROs).

Councillor Peter Stevens, Portfolio Holder for Operations drew relevant issues to the attention of Council, including the proposed amendments were contained in Appendix A with information on the statutory guidance on parking petitions (DCLG 2015) provided in Appendix B.

On the motion of Councillor Stevens, seconded by Councillor Sara Mildmay-White, and duly carried, it was

RESOLVED:

That the changes to the Petition Scheme for St Edmundsbury Borough Council, as contained in Appendix A to Report No: COU/SE/15/030, be approved.

Members are invited to ask questions of committee Chairmen on business transacted by their committees since the last ordinary meeting of Council on 7 July 2015.

There were no questions of Committee Chairmen on business transacted by their committees since the last ordinary meeting of Council on 7 July 2015, as outlined below:

The Council will consider any urgent questions on notice that were notified to the Service Manager (Democratic Services and Elections) by 11am on the day of the meeting.

Councillor Julia Wakelam, Deputy Mayor, had given notice under Paragraph 8.5 (b) of the Council Procedure Rules, of the following question to Councillor Sara Mildmay-White, Portfolio Holder for Housing:

‘Has St Edmundsbury Borough Council informed the Government of the willingness of our community to welcome up to five refugee families to Bury St Edmunds, and the willingness of our Council to assist in that, and if not, will it now do so?’

In response, Councillor Mildmay-White, stated that the Home Office had asked that councils in two-tier areas should be encouraged to collaborate and feed back potential numbers of refugees that could be accommodated via the Strategic Migration Partnership.  In light of this guidance, the Suffolk Public Sector Leaders’ Group had agreed to establish a county-wide task force to prepare any specific request made by Government.

Specifically, St Edmundsbury Borough Council had started initial conversations with Havebury Housing Partnership to identify any potential properties which may be suitable for accommodating refugees. 

In respect of utilising privately-owned accommodation, housing needed to be self-contained and safeguarding issues taken into account; however, it may be possible to consider second homes if owners made them available.

Part 4, Access to Information Procedural Rules, of the Constitution (paragraph 18.3) requires the Leader of the Council to submit quarterly reports to the Council on the Executive decisions taken (if any) in the circumstances set out in Rule 17, Special urgency in the preceding three months.

Accordingly, the Leader of the Council reports that no executive decisions have been taken under the Special Urgency provisions of the constitution.

The Council received and noted a narrative item, as required by the Council’s Constitution, in which the Leader of the Council reported that at the time the Council agenda was published, no executive decisions had been taken under the special urgency provisions of the Constitution.

To consider whether the press and public should be excluded during the consideration of the following items because it is likely, in view of the nature of the business to be transacted or the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the items, there would be disclosure to them of exempt categories of information as prescribed in Part 1 of Schedule 12A of the Local Government Act 1972, and indicated against each item and, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

See minute 98 below.

To confirm the exempt minutes of the meeting held on 7 July 2015 (copy attached.)

No reference was made to specific detail of the exempt minutes, therefore this item was not held in private session. 

The exempt minutes of the meeting held on 7 July 2015 were confirmed as a correct record under Minute 82 above and signed by the Mayor.