Agenda for Council on Tuesday 27 September 2022, 7.00 pm

Agenda and minutes

Venue: Conference Chamber, West Suffolk House, Western Way, Bury St Edmunds, IP33 3YU

Contact: Claire Skoyles: Democratic Services Officer  Email: claire.skoyles@westsuffolk.gov.uk

Items
No. Item

238.

Minutes pdf icon PDF 139 KB

To confirm the minutes of the meetings held on 14 June 2022 and 26 July 2022 (extraordinary meeting) (copies attached).

 

Additional documents:

Minutes:

The minutes of the meetings held on 14 June 2022 and 26 July 2022 (extraordinary meeting) were confirmed as correct records and signed by the Chair.

239.

Chair's announcements pdf icon PDF 284 KB

To receive announcements (if any) from the Chair.

 

A list of civic events/engagements attended by the Chair and Vice-Chair since the extraordinary meeting of Council held on 26 July 2022 are attached.

Minutes:

As this was the first meeting of Council since the sad death of Her Majesty Queen Elizabeth II on 8 September 2022, the Chair, followed by Group Leaders, took the opportunity to pay their respects to Her late Majesty. A minute’s silence in remembrance was also observed by all persons present.

 

The Chair then reported on the civic engagements and charity activities which he and the Vice-Chair had attended since the last meeting of Council on 26 July 2022.

 

Attention was particularly drawn to the ‘National Young Traders Competition’ and the ‘British Ugandan Asians at 50’ exhibition.

240.

Apologies for absence

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

 

Minutes:

Apologies for absence were received from Councillors Trevor Beckwith, Mick Bradshaw, Nick Clarke, Jason Crooks, Brian Harvey, David Nettleton, Richard Rout, Jim Thorndyke and Nick Wiseman.

 

Councillors Max Clarke and Aaron Luccarini were also unable to attend the meeting.

241.

Declarations of interests

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.

Minutes:

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

242.

Leader's statement (Report number: COU/WS/22/016) pdf icon PDF 145 KB

Paper number: COU/WS/22/016

 

Council Procedure Rules 8.1 to 8.3. The Leader will submit a report (the Leader’s Statement) summarising important developments and activities since the preceding meeting of the council.

 

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.

Minutes:

Councillor John Griffiths, Leader of the Council, presented his Leader’s Statement as outlined in paper number: COU/WS/22/016.

 

In his introductory remarks, Councillor Griffiths:

 

a.       Investment zone: drew members’ attention to the recent Government announcement that Suffolk had been named as one of the UK’s special investment zones. This recognised the opportunities contained in Suffolk for business and economic growth.

 

b.       Mildenhall Hub: reminded Council that this month marked the first anniversary of the opening of the Mildenhall Hub. He highlighted its successes including the benefits of public services working together under one roof.

 

c.       Mildenhall skate park: that work on the £100,000 skate park in Mildenhall was nearing completion. Funded by the Council’s Community Asset Renewal Fund, local young people had collaborated in the design process which helped enable this fit-for-purpose facility to come to fruition.

 

d.       ‘In Bloom’ initiative: whilst special mention had been given in his written statement to ‘in Bloom’ groups in Brandon and Bury St Edmunds, Councillor Griffiths thanked all the volunteers involved across West Suffolk who took part in this initiative and other projects that encouraged a sense of pride in towns and villages across the district.

 

e.       Cost of living: working with partners across Suffolk, Councillor Griffiths summarised the support available to those in need during the current cost of living crisis. A more detailed update would be provided to members in due course.  

 

f.       Bus routes: that West Suffolk Council was seeking reassurances that action was being undertaken by the relevant transport authorities to actively pursue, and where possible, secure replacement operators for the bus routes recently ceased by other operators. This situation had largely arisen as a result of viability challenges faced by the previous providers.

 

The Leader responded to a range of questions relating to:

 

a.       Investment zones: that although much of the detail was yet to be received, the Council was working collaboratively with partners to ensure any investment zone initiatives would be for the benefit of businesses and residents, with potential environmental impacts assessed and mitigated, as appropriate. Representations relating to the potential effect of relaxing planning considerations in certain circumstances had been made with relevant civil servants and the local MPs.

 

b.       Rural England Prosperity Fund (‘Rural Fund’): Councillor Victor Lukaniuk wished to place his thanks on record to the Operations team, and in particular the work of those in the Parks and Landscapes for their efforts in Brandon. In response to Councillor Lukaniuk’s question, Councillor Griffiths informed Council that once further detail had been received, the methods by which to allocate monies from the Rural Fund would be agreed, following which a range of initiatives would be assessed across the whole of West Suffolk, where eligible and appropriate.

 

c.       Mildenhall Hub: Councillor Griffiths wholeheartedly agreed that by working with partners, the Mildenhall Hub had been a tremendous success in providing vital services from a single location. The benefits for the community were evident and the Hub was an excellent example for modelling future developments of this kind.  ...  view the full minutes text for item 242.

243.

Public participation

Council Procedure Rules Section 6. Members of the public who live or work in the district may put questions about the work of the council or make statements on items on the agenda to members of the Cabinet or any committee.

 

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

 

Each person may ask one question or make one statement only. A total of five minutes will be allowed for the question to be put and answered or the statement made. If a question is raised, one supplementary question will be allowed provided that it arises directly from the reply and the overall time limit of five minutes is not exceeded.

 

If a statement is made, then the Chair may allow the Leader of the Council, or other member to whom they refer the matter, a right of reply.

 

The Constitution allows that a person who wishes to speak must register at least 15 minutes before the time the meeting is scheduled to start.  We urge anyone who wishes to register to speak to notify Democratic Services by 9am on the day of the meeting so that advice can be given on the arrangements in place.

 

As an alternative to addressing the meeting in person, written questions may be submitted by members of the public to the Monitoring Officer no later than 10am on Monday 26 September 2022. The written notification should detail the full question to be asked at the meeting of the Council.

Minutes:

No members of the public in attendance had registered to speak.

244.

Referrals report of recommendations from Cabinet and the Portfolio Holder for Resources and Property (Report number: COU/WS/22/017) pdf icon PDF 267 KB

Report number: COU/WS/22/017

 

A.      Referrals from Cabinet: 21 June 2022

 

1.       Procurement Policy and Contract Procedure Rules

 

(Note: The new West Suffolk Council Procurement Policy (Appendix A to Report number CAB/WS/22/028) was approved by Cabinet on 21 June 2022.  The approval of the West Suffolk Council Contract Procedure Rules has been recommended to Council, as it requires changes to be made to the Council’s Constitution)

 

Portfolio holder: Councillor Sarah Broughton

 

B.      Referrals from Cabinet: 19 July 2022

 

An extraordinary meeting of Council was held on 26 July 2022 which considered a referral from Cabinet on 19 July 2022. There are no other referrals emanating from that meeting.

 

C.      Referrals from the Portfolio Holder for Resources and Property: 23 September 2022

 

These referrals have been compiled before the decisions have been taken by the Portfolio Holder for Resources and Property and are based on the recommendations contained within each of the reports listed below.  Any amendments made by the Portfolio Holder to the recommendations within these reports will be notified to members in advance of the meeting accordingly.

 

1.       Annual Treasury Management and Financial Resilience Report (2021 to 2022)

 

Portfolio holder: Councillor Sarah Broughton

 

2.       Treasury Management Report (June 2022)

 

Portfolio holder: Councillor Sarah Broughton

 

3.       Exempt item: Investing in our commercial portfolio

 

(This item is exempt and will be considered in private session. Please therefore see agenda item 13 below.)

 

Portfolio holder: Councillor Sarah Broughton

 

Minutes:

Council considered the referrals report of recommendations from Cabinet and the Portfolio Holder for Resources and Property, as contained within Report number: COU/WS/22/017.

 

A.      Referrals from Cabinet: 21 June 2022

 

1.      Procurement Policy and Contract Procedure Rules

 

It was noted that the new West Suffolk Council Procurement Policy (Appendix A to Report number CAB/WS/22/028) was approved by Cabinet on 21 June 2022.  The approval of the West Suffolk Council Contract Procedure Rules had been recommended to Council, as it required changes to be made to the Council’s Constitution.

 

Councillor Sarah Broughton, Portfolio Holder for Resources and Property drew relevant issues to the attention of Council.

 

Discussion was held on the percentage of the total number of business contracts made with the Council that were local to the district. This data was not held; however, local businesses did partake in the Council’s procurement processes.

 

Together with welcoming the key aims of the revised documents, as summarised in paragraph 1.3 of the referrals report, recognition was particularly given to promoting environmental sustainability to support the Council’s commitment to achieving carbon net zero by 2030; and to adhering to the Council’s Modern Slavery Statement.

 

On the motion of Councillor Broughton, seconded by Councillor Joanna Rayner, it was put to the vote and with the vote being 50 for the motion, none against and two abstentions, it was

 

Resolved:

 

That the constitutional changes, as set out in the revised West Suffolk Council Contract Procedure Rules at Appendix B to Report number CAB/WS/22/028, be approved.

 

 

B.      Referrals from Cabinet: 19 July 2022

 

An extraordinary meeting of Council was held on 26 July 2022 which considered a referral from Cabinet on 19 July 2022. There were no other referrals emanating from that meeting.

 

 

C.      Referrals from Portfolio Holder for Resources and Property: 23 September 2022

 

Following the sad death of Her Majesty Queen Elizabeth II and observing the period of national mourning, the Cabinet meeting arranged for 20 September 2022, was cancelled as a mark of respect.

 

As three of the items were due to be referred by Cabinet to Council for a final decision, the Portfolio Holder for Resources and Property was asked to make these decisions on behalf of Cabinet. These were to recommend to Council, approval of the recommendations set out in the relevant reports.

 

Following the publication of the agenda and papers for this meeting, which took place before the portfolio holder decisions were taken on 23 September 2022, the Chair confirmed that no changes had been made to the recommendations contained in the referral report.

 

1.      Annual Treasury Management and Financial Resilience Report (2021 to 2022)

 

Approval was sought for the Annual Treasury Management and Financial Resilience Report (2021 to 2022).

 

Councillor Sarah Broughton, Portfolio Holder for Resources and Property drew relevant issues to the attention of Council.

 

Reference was made to paragraph 1.6 of the referral report where it was questioned whether the external borrowing of £10 million created additional risk to the Council’s financial position rather than ‘  ...  view the full minutes text for item 244.

245.

Community Governance Review (Report number: COU/WS/22/018) pdf icon PDF 333 KB

Report number: COU/WS/22/018

Additional documents:

Minutes:

(Councillor Peter Thompson declared that he was the Mayor of Bury St Edmunds Town Council. He remained in the meeting for the consideration of this item and voted.)

 

Council considered this report, which sought approval for the final recommendations emanating from the interim Community Governance Review (CGR).

 

Councillor Carol Bull, Portfolio Holder for Governance, drew relevant issues to the attention of Council. She thanked the Community Governance Review Task and Finish Group and the Business Partner (Governance) for their work on the review, and extended her thanks to members, town and parish councils and other groups that had engaged with the process.

 

On 22 March 2022, Council considered and approved the draft recommendations for consultation and at that meeting it was recognised by members that a general consensus on those recommendations was not always going to be achievable. The consultation on the draft recommendations was held between April and end of June 2022, following which the Task and Finish Group considered each of the 10 issues (summarised in section 2.6 of the report) in detail and the evidence within the consultation responses before making the final recommendations. This included exercising their delegated authority to amend and re-consult on revised recommendations for ‘Issue 1: Bury St Edmunds (Out Westgate) Town Ward and Bury St Edmunds (Westgate) Town Ward’ and ‘Issue 7: Properties on Wickham Street between Wickhambrook and Denston’ to ensure it made its final recommendations based on sufficient evidence provided.

 

It had also been recommended that delegated authority be given to officers to take the necessary steps to implement the changes so that they took effect from 1 April 2023. This included enabling engagement to take place with the Local Government Boundary Commission for England (LGBCE) to request any necessary changes to district wards and county divisions so that they remained aligned with parish boundaries.

 

A discussion was held on Issue 4, which sought to extend the boundary of Bury St Edmunds parish to include the Lark Grange housing development, which was currently located within Rushbrooke with Rougham parish, as detailed in Appendix A. Lark Grange was located in the district ward of Moreton Hall.

 

Recognising that a general consensus was not achievable in this case and that opportunities for enabling electoral boundaries to be looked at again as part of future CGRs, Councillor Peter Thompson, one of the ward members for Moreton Hall, spoke moderately in support of the final recommendation for Issue 4 and was relatively satisfied with the proposal.

 

In response, Councillor Bull informed Council that the feedback from the consultation had been carefully considered and with the evidence presented to the Task and Finish Group, the final recommendation had been made on that basis.

 

On the motion of Councillor Bull, seconded by Councillor Robert Nobbs, it was put to the vote and with the vote being 51 for the motion, none against and one abstention, it was

 

Resolved: That

 

1.       the recommendations, as set out in Appendices A to J to Report number: COU/WS/22/018, be  ...  view the full minutes text for item 245.

246.

Appointment of Independent Persons (Report number: COU/WS/22/019) pdf icon PDF 125 KB

Report number: COU/WS/22/019

Additional documents:

Minutes:

Council considered this report, which sought approval for West Suffolk Council to join a consortium of Suffolk authorities that held a pool of Independent Persons and for the individuals proposed for that role to be appointed accordingly.

 

The Localism Act 2011 required that authorities adopted arrangements for dealing with complaints about potential breaches of the Code of Conduct by members.  This must include provision for the appointment of at least one Independent Person.

 

Since 2012 the Council had appointed two Independent Persons whereas Babergh District Council, Mid Suffolk District Council, Ipswich Borough Council and Suffolk County Council had formed a consortium and had jointly recruited and appointed a pool of Independent Persons, the rationale for which was set out in paragraph 1.3 of the report.

 

The arrangement with the current Independent Persons appointed by West Suffolk Council ended on 30 September 2022.  Although the work of the Independent Persons had been exemplary, they had both decided they no longer wished to continue to undertake the role.  The current pool of Independent Persons for the consortium of four authorities was also ending so it would be an appropriate time for this council to join the consortium and have a pool of Independent Persons from which to select to consider a complaint.

 

Councillor Carol Bull, Portfolio Holder for Governance, drew relevant issues to the attention of Council, including that a recruitment process had been undertaken over summer 2022 with a view to appointing five individuals to form the aforementioned pool. Short profiles for each were attached as Appendix A to the report.

 

On the motion of Councillor Bull, seconded by Councillor David Roach, it was put to the vote and with the vote being 50 for the motion, none against and two abstentions, it was

 

Resolved:

 

That West Suffolk Council joins the consortium of authorities which held a pool of Independent Persons, and the individuals listed in Appendix A to Report number: COU/WS/22/019, be appointed as the Council’s Independent Persons pursuant to section 28(7) of the Localism Act 2011 for a term of two years with an option to extend the appointment for a further two years.

 

 

247.

Representation on Suffolk County Council's Health Scrutiny Committee

The Council is asked to nominate one member and one substitute member to serve on Suffolk County Council’s Health Scrutiny Committee.

 

The Overview and Scrutiny Committee, on 16 June 2022, considered nominations for a representative and a substitute member for 2022 to 2023.

 

Recommendation:

 

It is recommended that Councillor Margaret Marks be nominated as West Suffolk Council’s representative and Councillor Mike Chester as the nominated substitute member on the Suffolk County Council Health Scrutiny Committee for 2022 to 2023.

Minutes:

Council considered a narrative item, which sought approval for the Overview and Scrutiny Committee’s nominations to Suffolk County Council’s (SCC) Health Scrutiny Committee.

 

The Overview and Scrutiny Committee, on 16 June 2022, had considered nominations for a representative and a substitute member to sit on behalf of West Suffolk Council on SCC’s Health Scrutiny Committee for 2022 to 2023.

 

The Committee had recommended that Councillor Margaret Marks be appointed as the Council’s nominated representative on this body, and for Councillor Mike Chester to be the substitute, as set out in the Council agenda.

 

Councillor Ian Shipp, Chair of the Overview and Scrutiny Committee, drew relevant issues to the attention of Council, including proposing the Committee’s recommendation.

 

On the motion of Councillor Shipp, seconded by Councillor John Burns it was put to the vote and with the vote being 51 for the motion, 0 against and 1 abstention, it was

 

Resolved:

 

That Councillor Margaret Marks be nominated as West Suffolk Council’s representative and Councillor Mike Chester as the nominated substitute member on the Suffolk County Council Health Scrutiny Committee 2022 to 2023.

248.

Any other urgent business

To consider any business, which by reason of special circumstances, should in the opinion of the Chair be considered at the meeting as a matter of urgency.

Minutes:

There were no matters of urgent business considered on this occasion.

 

249.

Exclusion of press and public

To consider whether the press and public should be excluded during the consideration of the following item because it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the item, 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 the item and, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

As the next item on the agenda was exempt, on the motion of Councillor John Griffiths, seconded by Councillor Cliff Waterman, and duly carried, it was

 

Resolved:

 

That the press and public be excluded during the consideration of the following item because it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the item, 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 the item and, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

250.

Exempt item: Referral of recommendations from the Portfolio Holder for Resources and Property: Investing in our commercial portfolio (paragraph 3) (Exempt Appendix A to Report number: COU/WS/22/017)

C.      Referral from the Portfolio Holder for Resources and Property: 23 September 2022

 

3.       Exempt Appendix A to Report number: COU/WS/22/017

          (Portfolio holder decision Exempt Report number: CAB/WS/22/045)

          Investing in our commercial portfolio (paragraph 3)

 

            Portfolio holder: Councillor Sarah Broughton

Minutes:

C.      Referral from the Portfolio Holder for Resources and Property: 23 September 2022

 

1.      Investing in our commercial portfolio

 

Council was advised of an opportunity to invest in a Council-owned site which would help with the delivery of the Council’s strategic, place-shaping and medium term financial plans.

 

Councillor Sarah Broughton, Portfolio Holder for Resources and Property, drew relevant issues to the attention of Council, including that if the outline business case was approved at this meeting, the full business case would be presented to Cabinet for consideration and approval in due course.

 

Following due consideration and debate, the majority of members acknowledged the benefits of the proposal and supported the development of a full business case, as set out in the exempt report and appendices attached.

 

On the motion of Councillor Broughton, seconded by Councillor Sara Mildmay-White, it was put to the vote and with the vote being 50 for the motion, none against and two abstentions, it was,

 

Resolved:

 

That the recommendations, as set out in Exempt Report No: CAB/WS/22/045, be approved.

 

(This decision and associated papers will be available in the public domain in due course.)

 

 

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