Agenda and minutes

To confirm the minutes of the meeting held on 26 September 2023 (copy attached).

The minutes of the meeting held on 26 September 2023 were confirmed as a correct record and signed by the Chair.

To receive announcements (if any) from the Chair.

A list of civic events/engagements attended by the Chair and Vice-Chair since the last ordinary meeting of Council held on 26 September 2023 are attached.

The Chair reported on the civic engagements and charity activities which he and the Vice-Chair had attended since the last ordinary meeting of Council on 26 September 2023.

The Chair specifically made reference to attending a recent event in Stowmarket where an array of over 300 Christmas trees were on display in the local church; and that he was pleased to be invited to attend a meeting of Great Barton Parish Council to formally recognise Parish Councillor Peter Fisk for 47 years’ service on Great Barton Parish Council.  

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

Apologies for absence were received from Councillors Michael Anderson, Mick Bradshaw, Andrew Martin, Joe Mason, Lora-Jane Miller-Jones, Joanna Rayner, Karen Soons and Don Waldron.

Tracy Whitehand was also unable to attend the meeting.

Members are reminded of their responsibility to declare any disclosable pecuniary interest, other registerable or non-registrable 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 interest are recorded under the item to which the declaration relates.

Council Procedure Rules Section 6. Members of the public who live or work in the district may put questions 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 (subject to the Chair’s discretion).

The member to whom the question is directed may refer it to another member or may choose to give a written response. 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 by no later than midday Friday 15 December 2023.

See section 6.8 of the Council Procedure Rules of the Constitution regarding the scope of questions/statements that may be asked/made.

Prior to the commencement of this item, the Chair welcomed the members of the public sitting in the public gallery. He explained the rationale for the recent changes made to the rules regarding public participation, as set out in the Council Procedure Rules in Part 4 of the Constitution. 

The Chair then invited the following members of the public to speak under this agenda item:

1. Jo Owen, a resident in the district, asked a question in connection with an incident where the Council had been subject to a bank mandate fraud which had resulted in a loss of £52,000 to the Council and how the Council was intending to re-coup the loss so that it did not fall to local residents by raising the level of council tax.

In response, Councillor Diane Hind, Portfolio Holder for Resources, stated that the recent fraud was a reminder to us all that we must remain vigilant to the threat of such sophisticated fraudsters. As a result of the fraud, the Council’s processes had been reviewed and strengthened.

The level of council tax had already been fixed for this year (2023 to 2024) and provision had been made in the forecast for this year’s budget to address the pressure created by the fraud, which was an isolated incident. The level of council tax for next year (2024 to 2025) would be debated by Council in February 2024. Council tax accounted for around a fifth of the Council’s total income budget and would continue to be an important local income stream to support the delivery of much valued local services. 

2. Terry Charles, a resident in the district made a statement in connection with the sometimes limiting time allowance of five minutes allocated to public speakers during the Council agenda item ‘public participation’. He continued to speak on issues relating to members’ engagement with the public at Council meetings in general.

In response, Councillor Gerald Kelly, Portfolio Holder for Governance and Regulatory, stated that the Chair could exercise their discretion to alter the length of time each registered speaker had within the overall 30 minute time period allocated to the ‘public participation’ agenda item.

The current Chair was fully supportive of allowing sufficient time for a question or statement to be put and this approach was supported by the current Vice Chair, Leader of the Council and Group Leaders. If, however, several people had registered to speak then the Chair would try and ensure that each person was given a fair time allocation in which to put their question or statement in order to facilitate all speakers within the overall 30 minute time period. 

3. In the absence of Melanie Soanes, a resident of Moreton Hall, Bury St Edmunds and Chair of the Moreton Hall Residents’ Association, who was unable to attend the meeting, Councillor Birgitte Mager, one of the ward members for Moreton Hall read out a statement on Ms Soanes’ behalf.

The statement was in connection with the perceived  ...  view the full minutes text for item 321.

Paper number: COU/WS/23/018

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.

The Leader will introduce the statement and members may ask the Leader

questions:

a.       On the Leader’s statement

b.       On any Council matter

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.

The Chair may use their discretion to extend or reduce the time allowed if they feel it appropriate.

Councillor Waterman, Leader of the Council, presented his Leader’s Statement as outlined in paper number: COU/WS/23/018.

In his introductory remarks, Councillor Waterman:

a.       Strategic Priorities and Medium Term Financial Strategy (MTFS) 2024 to 2028: drew attention to setting the Council’s strategic priorities and vision for West Suffolk together with the MTFS which underpinned the priorities. He thanked those that had contributed to the formation of the priorities which would help the Council to meet the challenges faced by the district and provide better support to communities and businesses both now and in the future. Councillor Waterman highlighted that through strengthened engagement, the voices of local people would be at the heart of shaping the Council’s activities.

b.       Grass cutting: new proposals would come forward in the forthcoming budget to invest approximately £200,000 on additional skilled workforce within the grass cutting and grounds maintenance team and increasing equipment needs, as well as reducing commercial work to ensure the Council’s resources kept up with demand. This action had arisen following a review of the current arrangements which was led by Councillor Ian Shipp and involved input from members and various key partners, parish and town councils and organisations.

c.       West Suffolk Local Plan: highlighted key policies of the Local Plan (Regulation 19) document which subject to approval later in the meeting, would go out to consultation in January 2024. Councillor Waterman thanked all who had contributed to this vital work.

d.       Provincial House, Haverhill: was pleased that Cabinet had approved up to £2 million investment in Haverhill for Provincial House. This provided opportunities to grow the local economy and support sustainable communities.

e.       Local Council Tax Reduction Scheme: expressed his support for the proposal to provide 100 percent council tax discount to eligible persons for another year.

f.       Mildenhall pump track: was pleased to hear that a brand new, free-to-use pump track was shortly to be opened at the Mildenhall Hub site. The £112,000 facility had been built by West Suffolk Council and was delivered on time and within budget.

g.       Councillor Sarah Pugh: offered his congratulations to Councillor Pugh who had been voted on to the Executive of the Rural Services Network at its recent Annual General Meeting.

h.       Achievements for the year: explained that on behalf of all councillors, he had attended a staff event which included the opportunity to celebrate achievements made in the last year.

Part A: Questions on the Leader’s statement

In accordance with the recently amended Council Procedure Rules, the Leader firstly responded to a range of questions relating to his statement itself:

a.       Provincial House, Haverhill: that investment in Provincial House was an integral, exciting part of the overall strategy to develop Haverhill. Councillor Margaret Marks asked a specific question regarding the reasons for borrowing approximately £2 million for the project and whether the Eastern Education Group (West Suffolk College) would be contributing; whether there was a fully costed business case, and if so, for it to be shared with members so the  ...  view the full minutes text for item 322.

Report number: COU/WS/23/019

Council considered this report, which sought approval for the West Suffolk Council Strategic Priorities and Medium Term Financial Strategy 2024 to 2028.

The Strategic Priorities document (Appendix A) formed part of the Council’s Policy Framework, as set out in the Constitution. The Medium Term Financial Strategy (MTFS) (Appendix B) would direct the resources available to West Suffolk to underpin delivery of the Council’s services and priorities as part of the annual budget setting process. Together, the two documents set the high-level parameters governing the Council’s overall direction.

The MTFS set the context against which the 2024 to 2025 budget and medium term financial plans (2024 to 2028) were proposed to be developed between now and the formal Budget and Council Tax adoption meeting of the Council in February 2024.

The Strategic Priorities document set out the high-level ambitions of West Suffolk Council over the next four years. The vision, priorities and values in the document had been developed over a period of months by Cabinet, in consultation with West Suffolk Working Partnership. The document set the strategic direction for the Council, as well as providing a framework within which future decisions would be made, and setting the priorities that would govern the Council’s performance management system.

The report provided further detail on how the strategic priorities had been produced, which included how the document also explained that West Suffolk’s contribution was only part of the picture. West Suffolk’s role was not to directly deliver everything referred to in the document but also to play a role in influencing, partnering with and working alongside other partners, not least residents and communities.

The West Suffolk Medium Term Financial Strategy 2024 to 2028 assessed and evaluated the financial resources the Council expected to have and the expenditure in order to deliver the strategic priorities.

West Suffolk’s MTFS was based on six key themes, representing the Council’s response to the ongoing financial challenges and opportunities surrounding local government. These key themes were summarised in paragraph 1.10 of the report.

West Suffolk Council in February 2024 would be asked to set a balanced budget for 2024 to 2025 (its statutory obligation), alongside a medium term financial plan for the period 2024 to 2028. A final and complete version of the document (alongside the West Suffolk Capital Strategy) would therefore be presented to Cabinet and Council in February 2024 alongside the main budget and council tax setting report.

Councillor Cliff Waterman, Leader of the Council, drew relevant issues to the attention of Council, which included reiterating that the new ambitious plans summarised in the Strategic Priorities document would help deliver affordable, available and decent homes; environmental resilience; sustainable growth; and thriving communities in West Suffolk. Emphasis was placed on engaging with communities, stakeholders and partners to support delivery of the aforementioned priorities. Upon moving the motion, this was duly seconded by Councillor Diane Hind, Portfolio Holder for Resources who proceeded to specifically highlight elements of the proposed MTFS and how she was looking forward to  ...  view the full minutes text for item 323.

Report number: COU/WS/23/020

Part One

A.      Referrals from Cabinet: 14 November 2023

There are no referrals emanating from meeting of Cabinet held on 14 November 2023.

B.      Referrals from Cabinet: 5 December 2023

1.       Treasury Management Report - September 2023

          Portfolio holder: Councillor Diane Hind

2.       West Suffolk Local Plan Publication (Regulation 19) Consultation and Submission

          (Report number: COU/WS/23/021)

          Portfolio holder: Councillor Jim Thorndyke

(See separate supplement packs for Appendix A which contains the proposed West Suffolk Local Plan Submission 2024 documents themselves – available to view electronically on the Council’s website here. Paper copies available upon request.)

Part Two

3.       Local Council Tax Reduction Scheme 2024 to 2025

          Portfolio holder: Councillor Diane Hind

4.       Council tax base for tax setting purposes 2024 to 2025

          Portfolio holder: Councillor Diane Hind

Council considered the referrals report of recommendations from Cabinet, as contained within report number: COU/WS/23/020. In addition to the overall summary of Cabinet referrals, Council also considered Report number: COU/WS/23/021, which contained the specific referral on the ‘West Suffolk Local Plan Publication (Regulation 19) Consultation and Submission’.

A.      Referrals from Cabinet: 14 November 2023

There were no referrals emanating from the last meetings of Cabinet held on 14 November 2023.

B.      Referrals from Cabinet: 5 December 2023

1.      Treasury Management Report (September 2023)

Approval was sought for the Treasury Management Report (September 2023).

Councillor Diane Hind, Portfolio Holder for Resources drew relevant issues to the attention of Council.

On the motion of Councillor Hind, seconded by Councillor Marilyn Sayer, it was put to the vote and with the vote being 53 for the motion, none against and two abstentions, it was

Resolved:

That the Treasury Management Report (September 2023), as contained in Report number FRS/WS/23/005, be approved.

2.      West Suffolk Local Plan Publication (Regulation 19) Consultation and Submission (Report number: COU/WS/23/021)

(Councillor Broughton declared a Disclosable Pecuniary Interest as she and her husband owned a parcel of land within an area in Great Barton identified within the West Suffolk Local Plan (Regulation 19) consultation document. She left the meeting during the consideration of this item and did not return, and therefore, she did not take part in the debate or the vote.)

(Councillor Stennett declared a Disclosable Pecuniary Interest as he owned parcels of land (in a partnership); had land where he was a company director; and his parents and distant family owned parcels of land in the district. All of these parcels of land had been identified within the West Suffolk Local Plan (Regulation 19) consultation document. Councillor Stennett also declared in the interests of transparency that as director of development company, Ingham Developments, he had business relationships with numerous other companies that may have interests in land in the district which were included in the Regulation 19 Local Plan. Councillor Stennett left the meeting during the consideration of this item and did not return, and therefore, he did not take part in the debate or the vote.)

On 5 December 2023, the Cabinet had considered Report number: CAB/WS/23/056 ‘West Suffolk Local Plan Publication (Regulation 19) Consultation and Submission’.

The Cabinet had considered that the West Suffolk Local Plan Proposed Submission (Regulation 19) document was both final and sound and that, subject to the outcome of the independent examination, it had recommended to Council that it should approve the Local Plan and supporting documentation for public consultation and its subsequent submission to the Secretary of State for the purposes of independent examination. The Cabinet had made a minor amendment to Recommendation (3) which removed a potential time constraint and Appendix A (the West Suffolk Local Plan Proposed Submission (Regulation 19) document itself) had since been updated following the Cabinet meeting to include the Policies Map.

Members were therefore requested to consider Report number: COU/WS/23/021 attached to the  ...  view the full minutes text for item 324.

Report number: COU/WS/23/022

Council considered this report, which sought approval for a new Members’ Allowances Scheme, as recommended by the Independent Remuneration Panel.

In September 2023, an Independent Remuneration Panel (IRP) was appointed by West Suffolk Council in order to advise on the levels of remuneration that should be paid to members elected to West Suffolk Council.

The Panel met on several occasions throughout October and November 2023 and considered a range of material to support its deliberations for recommending a new Members’ Allowances Scheme for potential adoption by the Council.

The following documents were attached to the report for consideration:

Annex A: A detailed report prepared by the Panel providing details on the rationale that supports their recommendations for the new scheme.

Appendix 1 to Annex A: A new Members’ Allowances Scheme, proposed by the Independent Remuneration Panel for the Council to consider and adopt, as appropriate.

Appendix 2 to Annex A: Supporting material considered by the Independent Remuneration Panel to assist their work.

The Chair welcomed Sue Putters, Chair of the IRP, together with Tricia Bernard-Hector and David Irvine, two of her fellow panel members to the meeting. The fourth panel member, Sandra Cox was unable to attend.

Councillor Gerald Kelly, Portfolio Holder for Governance and Regulatory, drew relevant issues to the attention of Council, including thanking the IRP for its work and recognising that in making its recommendations, it often needed to make difficult decisions.

With consent of the Chair, Councillor Kelly duly invited Sue Putters to present the report of the IRP. She summarised the content and highlighted key issues that had been considered by the Panel which had resulted in the proposed Members’ Allowances Scheme for adoption.

Councillor Kelly then moved the motion, which was duly seconded by Councillor Victor Lukaniuk.

The majority of members supported the new scheme, commending the IRP for the thorough piece of work undertaken and the rationale behind its recommendations.

Whilst also commending the IRP for its work and recognising the factors set out in 4.2 of the Report of the Independent Remuneration Panel (Annex A), other members were disappointed with elements of the proposed new scheme, in particular that no Special Responsibility Allowance (SRA) had been recommended for members appointed to the Development Control Committee. Given the significant time commitment that was considered to be far in excess to those members sitting on other committees, it was felt an SRA for these members was warranted. The rationale for not recommending an SRA for this post had been considered as set out in paragraph 7.25 of the IRP’s report; however, it was felt that whilst the Committee was not short of members, some were discouraged from volunteering to sit on the Committee due to the amount of time involved; balancing their work commitments; and the potential financial implications if needing to take time off work. An SRA might have encouraged more members to come forward which would allow the political groups to have a wider pool of members from which to appoint.

On  ...  view the full minutes text for item 325.

Report number: COU/WS/23/023

Council considered this report, which principally sought approval for the amended scheme of polling districts and polling places within West Suffolk.

On 26 September 2023, Council agreed to undertake an interim review of polling places, as set out in section 2 of Report number: COU/WS/23/016.

The draft schedule of polling districts and polling places, which was included at Appendix A to Report COU/WS/23/016, detailed the current arrangements for polling districts and polling places and comments relating to areas which were considered as part of this review. The outcomes of the areas reviewed were detailed in section 2 of Report number: COU/WS/23/023 with the proposed recommendations and actions required to be taken to make any recommended changes, as appropriate, also detailed.

Councillor Gerald Kelly, Portfolio Holder for Governance and Regulatory, drew relevant issues to the attention of Council, including that the Council had a duty to divide its area into polling districts and to designate a polling place for each district. The Council was also required to seek to ensure that all electors had reasonable facilities for voting as were practicable in the circumstances; and to ensure that so far as was reasonable and practicable, every polling place was accessible to electors who had a disability. The review had sought to satisfactorily meet these obligations; however, it was ultimately the decision of the voter to choose the most convenient way for them to vote. If they did not wish to vote in person at a polling station, they could appoint a proxy to vote on their behalf or vote by post, which was a method actively promoted by West Suffolk Council.

The majority of members supported the outcomes of the review and the proposed amendments to the polling districts and polling places scheme, and the other recommendations proposed; however, some concern was expressed by Councillors Richard Rout and Ian Houlder regarding specific issues with polling places located within their respective wards.

On the motion of Councillor Kelly, seconded by Councillor Richard O’Driscoll, it was put to the vote and with the vote being 44 for the motion, none against and three abstentions, it was

Resolved: That

1.       The amended scheme of polling districts and polling places as set out at Appendix A to Report number: COU/WS/23/023, be approved.

2.       The Chief Executive be authorised to amend the scheme of polling districts and polling places for Moreton Hall Ward and Haverhill West Ward following completion of the necessary assessments, as detailed in the Report number: COU/WS/23/023, and in consultation with relevant ward members.

3.       The Chief Executive be authorised, as Electoral Registration Officer, to take the necessary measures as soon as possible to give effect to parliamentary constituency changes, ensuring that the register reflects existing and new constituencies, until the boundaries are fully in force.

4.       It be noted that power to designate polling places is delegated to the Chief Executive. It be agreed that such power be exercised where the decision is required at short notice and it is not possible  ...  view the full minutes text for item 326.

Under Part 3, Section 5, Scheme of Delegation to Officers, paragraph 14 of the Council’s Constitution, it states:

‘Where, in the opinion of the Chief Executive, by reason of limitation of time or urgency, a decision is required on any matter, after such consultation as they consider necessary (or as is required by the Council’s Budget and Policy Framework Procedure Rules in Part 4 of the Constitution), they shall have power to make a decision provided that any such decision shall be reported to the next meeting of the Cabinet, appropriate Committee or Council…..’

On 11 December 2023, the Chief Executive exercised his urgency powers to make some changes to the Council Procedure Rules contained in Part 4 of the Constitution.

These amendments relate to the:

·         Order of business on Council agendas so that public participation is considered before the Leader’s statement

·         procedure rules regarding public participation

·         procedure rules regarding questions to the Leader on the presentation of the Leader’s statement

These changes have been reflected in the Council Procedure Rules, which can be found in the Constitution here

The Chair and Vice Chair of the Council, Leader of the Council and Group Leaders were consulted on this matter prior to the decision being made, and all expressed their support for it.

Recommendation:

In accordance with the Constitution, Council is requested to note the use of the Chief Executive’s urgency powers in respect of making the decision outlined above.

Council considered a narrative item which reported on the use of the Chief Executive’s urgency powers.

Under Part 3, Section 5, Scheme of Delegation to Officers, paragraph 14 of the Council’s Constitution, it stated:

‘Where, in the opinion of the Chief Executive, by reason of limitation of time or urgency, a decision is required on any matter, after such consultation as they consider necessary (or as is required by the Council’s Budget and Policy Framework Procedure Rules in Part 4 of the Constitution), they shall have power to make a decision provided that any such decision shall be reported to the next meeting of the Cabinet, appropriate Committee or Council…..’

On 11 December 2023, the Chief Executive exercised his urgency powers to make some changes to the Council Procedure Rules contained in Part 4 of the Constitution.

These amendments related to the:

·         Order of business on Council agendas so that public participation was considered before the Leader’s statement

·         Procedure rules regarding public participation

·         Procedure rules regarding questions to the Leader on the presentation of the Leader’s statement

The Chair and Vice Chair of the Council, Leader of the Council and Group Leaders were consulted on this matter prior to the decision being made, for which all had expressed their support.

In accordance with the Constitution, Council duly noted the use of the Chief Executive’s urgency powers in respect of making the decision outlined above.

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.

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