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
Note: Please note that we are continuing to take precautionary health and safety measures with the aim of reducing and restricting transmission of COVID-19. See Public Information Sheet and Agenda Item 6 for further details.
Items
No. |
Item |
153. |
Welcome and introduction
Minutes:
The Chair opened the
meeting and welcomed all persons present. She explained the
rationale behind the precautionary health and
safety measures that remained in operation for this meeting which
aimed to reduce and restrict the transmission of the Covid-19
virus.
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154. |
Remembrance
Minutes:
Before commencing business, all members were
asked to stand and observe a minute’s silence in remembrance
of Councillor John Smith who had sadly died shortly after the last
meeting of Council held on 22 June 2021. The Chair made a statement
of condolence, reflecting on Councillor Smith’s contribution
during his time on the Council.
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155. |
Minutes PDF 418 KB
To confirm the minutes of the meeting held on
22 June 2021 (copy attached).
Minutes:
In respect of note c.
of minute 145. ‘Western Way
Development, Bury St Edmunds: final business case update and
review’ (Report number: COU/WS/21/007) of the minutes of the
last meeting, Councillor Paul Hopfensperger expressed
concern that this section did not accurately reflect the points he
raised.
At that meeting,
Councillor Hopfensperger wished to ascertain from Councillor Jo
Rayner, Portfolio Holder for Leisure, Culture and Community Hubs
the exact questions that were asked by the Council of Sport England
and Swim England when consideration was being given to the size and
specifications for the swimming pool at the proposed new leisure
centre (which although subject to a separate business case, would
form part of the Western Way Development).
In response, Councillor Rayner informed members that Councillor
Hopfensperger had received a detailed reply in response to his
questions outside of the meeting, which included referencing the
open dialogue held between relevant partners when discussing
appropriate swim provision, and an offer to meet with him to
discuss the matter further. The
Council’s objective was still to deliver the most effective
pool configuration for the proposed new leisure centre within the
context of the wider regional network of pools and the latest needs
assessment of local demand, and the approved Western Way
Development scheme provided the necessary flexibility to do
this. Councillor Rayner repeated her
offer to meet with Councillor Hopfensperger to discuss the matter
if he wished.
The minutes of the
meeting held on 22 June 2021 were then confirmed as a correct
record and signed by the Chair.
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156. |
Chair's announcements PDF 114 KB
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 22 June 2021 are attached.
Minutes:
The Chair reported on the civic engagements
and charity activities which she and the Vice-Chair had attended
since the last ordinary meeting of Council on 22 June 2021.
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157. |
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, Tony Brown, John Burns,
Simon Cole, Jason Crooks, Sarah Stamp and Jim Thorndyke.
Councillors Max Clarke and Peter Thompson were
also unable to attend the meeting.
The Chair paid tribute to Councillor Mick
Bradshaw who currently remained unwell. Members joined the Chair in
wishing him the very best in his recovery.
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158. |
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.
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159. |
Leader's statement (Paper number: COU/WS/21/012) PDF 149 KB
Paper number: COU/WS/21/012
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/21/012.
In his introductory remarks,
Councillor Griffiths made reference to:
a.
Issues that
could be adversely affecting people’s daily lives on a
national basis.
b.
Paying tribute to staff of West Suffolk Council for their
continuing commitment despite the ongoing challenges.
c.
That all 37 homes within the new Barley Homes Westmill Place
development in Haverhill, which included 30 percent affordable
homes, had been sold. This not only provided much needed housing
but also generated an income to the Council from its commercial
company, Barley Homes.
d. The
official opening of the Mildenhall Hub which took place on Friday
17 September 2021.
e. The
opening of the new splashpad in Haverhill, which was a new family
play amenity funded in partnership between West Suffolk Council and
Haverhill Town Council.
f. The
forthcoming Business Festival commencing on 4 October 2021, whilst
acknowledging the extreme challenges currently faced by
businesses.
g.
Warm Homes
Week which commenced on Monday 27 September 2021, including ways in
which homeowners and landlords could access funding to make certain
energy saving home improvements through the Government’s
Green Homes Grant Scheme. The scheme had been extended to accept
applications up to 31 March 2022.
The Leader responded to a range of questions
relating to:
a. A voice for West
Suffolk: Recognition was given by Councillor Nick Clarke on the
successes of West Suffolk Council in respect of its many projects
and its support to businesses and residents, particularly during
the pandemic. He urged the Council to continue building strong
relationships with Central Government and the Local Government
Association by being clear on its direction and policies to help
shape national policy. Councillor Griffiths agreed that West
Suffolk Council and its partners would continue to lobby MPs to
meet with ministers and civil servants on various issues to help
achieve the best outcomes for businesses and residents of West
Suffolk. All councillors were encouraged to lobby government, where
deemed appropriate, on issues that may be affecting their
wards.
b. West Suffolk
Council: Councillor Terry Clements made references to matters
that he felt should have been handled differently when setting the
direction for the new West Suffolk Council following its creation
in April 2019, together with a number of current issues in which
Councillor Clements felt frustrated and disillusioned. A councillor
for more than 38 years, Councillor Clements felt he could no longer
satisfactorily represent residents within his Horringer ward and accomplish what he wanted to
achieve for them. This culminated in Councillor Clements announcing
his resignation from the Council and immediately leaving the
meeting. In response, Councillor Griffiths acknowledged the
extensive years of dedicated service and commitment of Councillor
Clements and thanked him for his valuable contributions to the
Council and his residents.
c. Local Council Tax
Reduction Scheme – consultation: Following a decision
made by the Portfolio Holder for Resources and Property it was
intended for consultation to be undertaken on proposed
...
view the full minutes text for item 159.
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160. |
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.
The Constitution allows that a person who
wishes to speak must register at least fifteen minutes before the
time the meeting is scheduled to start. This can be done online by
sending the request to democratic.services@westsuffolk.gov.uk or
telephoning 01284 757176 / 07776 254986 or in person by telling the
Committee Administrator present at the meeting. However, to
ensure the health and safety for all persons present and
in order to reduce the risk of spread of
coronavirus we would strongly 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.
(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.
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 27 September 2021. The
written notification should detail the full
question to be asked at the meeting of the
Council.
Minutes:
There were no members of the public in
attendance on this occasion.
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161. |
Referrals report of recommendations from Cabinet (Report number: COU/WS/21/013) PDF 134 KB
Report number: COU/WS/21/013
A. Referrals
from Cabinet: 29 June 2021 and 20 July 2021
There are no referrals
emanating from the Cabinet meetings held on 29 June 2021 and 20
July 2021.
B. Referrals
from Cabinet: 21 September 2021
(These referrals have been
compiled before the meeting of Cabinet on 21 September 2021 and are
based on the recommendations contained within each of the reports
listed below. Any amendments made by the Cabinet 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 (2020 to
2021)
Portfolio
holder: Councillor Sarah
Broughton
2.
Financial Resilience
(June 2021)
Portfolio
holder: Councillor Sarah
Broughton
Minutes:
Council considered the referrals report of
recommendations from Cabinet, as contained within report number:
COU/WS/21/013.
A.
Referrals from Cabinet: 29 June 2021 and 20 July
2021
Council noted that there were no referrals
emanating from the Cabinet meetings held on 29 June 2021 and 20
July 2021.
B.
Referrals from Cabinet: 21 September 2021
Following the publication of the agenda and
papers for the Cabinet meeting held on 21 September 2021, which
took place before the meeting was held, 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 (2020 to
2021)
Approval was sought for the Annual Treasury
Management and Financial Resilience Report (2020 to 2021).
Councillor Sarah Broughton, Portfolio Holder
for Resources and Property drew relevant issues to the attention of
Council, including placing her thanks on record to the Financial
Resilience Sub-Committee, the Performance and Audit Scrutiny
Committee, and to the Director (Resources and Property) and her
team, for their work on enabling this, and the next report, to be
presented to Council for approval.
On the motion of Councillor Broughton,
seconded by Councillor Andy Drummond, it was put to the vote and
with the vote being 49 for the motion, none against and 1
abstention, it was
Resolved:
That the Annual
Treasury Management and Financial Resilience Report (2020 to 2021),
as contained in Report number: FRS/WS/21/003, be approved.
2. Financial Resilience (June
2021)
Approval was sought for the Financial
Resilience Report for the first quarter of the 2021 to 2022
financial year.
Councillor Sarah Broughton, Portfolio Holder
for Resources and Property drew relevant issues to the attention of
Council.
On the motion of Councillor Broughton,
seconded by Councillor Ian Houlder, it was put to the vote and with
the vote being unanimous, it was
Resolved:
That the Financial Resilience Report (June 2021), as contained in
Report number: FRS/WS/21/004, be approved.
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162. |
Consolidation of byelaws for skin piercing activities (Report number: COU/WS/21/014) PDF 130 KB
Report number: COU/WS/21/014
Additional documents:
Minutes:
Council considered this report,
which sought approval and adoption of new consolidated West Suffolk
byelaws in respect of licensing skin piercing practices following
the revocation of the current byelaws relating to this
matter.
Members noted that in preparation
for the creation of a single West Suffolk Council, it had been
agreed to retain separate byelaws in the former Forest Heath and St
Edmundsbury areas with regards to the licensing of skin piercing
practices.
Together with other related
matters as set out in paragraphs 1.2 to 1.4 of the report, it was
now proposed that these be consolidated into one set of byelaws
covering all activities, which would ensure that all skin piercing
licensing was legally enforceable in a consistent way across the
district.
The legal position was set out in
the report, and it was proposed that the model byelaws previously
adopted by St Edmundsbury Borough Council and as set out in
Appendix A, would be adopted by the entire district for the reasons
set out in paragraphs 1.5 to 1.7 of the paper.
In addition, it was recommended
that the Council updated its hygiene guidance and the relevant page
on its website, to ensure that licensees and applicants were fully
cognisant of the proposed requirements and felt supported in
understanding appropriate practice.
Councillor Andy
Drummond, Portfolio Holder for Regulatory and Environment, drew
relevant issues to the attention of Council, including placing his
thanks on record to the Director (HR, Governance and Regulatory)
and her team for the work undertaken in bringing this proposal to
Council for approval and adoption. He then moved a motion to
approve the recommendations contained in the report, which was duly
seconded by Councillor Clive Springett.
Council supported and agreed to the principle
of consolidating and adopting byelaws based on the former St
Edmundsbury Borough Council’s model byelaws to enable a
consistent enforceable approach to licensing all skin piercing
activities across the entire district; however, before the debate
was concluded, Councillor Julia Wakelam queried a matter in
relation to the following paragraph of section 1 of the proposed
byelaws at Appendix A:
“hygienic piercing
instrument” means an instrument such that any part of the
instrument that touches a client is made for use in respect of a
single client, is sterile, disposable and is fitted with piercing
jewellery supplied in packaging that indicates the part of the body
for which it is intended, and that is designed to pierce
either?
(a)
the lobe or upper flat cartilage of the ear,
or
(b)
either side of the nose in the mid-crease area
above the nostril;
Councillor Wakelam asked whether use of the
aforementioned “hygienic piercing instrument” could
apply to the piercing of other parts of the body as this was not
explicitly clear in the relevant paragraph reproduced above.
This was unable to be clarified at the
meeting, which resulted in Councillor Drummond withdrawing his
motion. Councillor Springett, seconder of the motion, agreed to the
withdrawal.
Officers would be asked to clarify the matter
and ...
view the full minutes text for item 162.
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163. |
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 Overview and Scrutiny Committee.
The Overview and Scrutiny Committee, on 8 July
2021, considered nominations for a representative and a substitute
member for 2021 to 2022.
Recommendation:
It is recommended that Councillor
Margaret Marks be nominated as West Suffolk Council’s
representative and Councillor Mike Chester as the nominated interim
substitute member on the Suffolk Health Overview and Scrutiny
Committee for 2021 to 2022.
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 8 July
2021, 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 2021 to 2022.
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 interim 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
and the reasons for it.
On the motion of Councillor Shipp, seconded by
Councillor John Griffiths, it was put to the vote and with the vote
being 48 for the motion, 1 against and 1 abstention, it was
Resolved:
That Councillor
Margaret Marks be nominated as the Council’s representative
and Councillor Mike Chester as the nominated interim substitute
Member on Suffolk County Council’s Health Scrutiny Committee
2021 to 2022.
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164. |
The use of Chief Executive urgency powers: dispensation
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 12 July 2021, the Chief Executive exercised
his urgency powers and made a decision to grant an exemption to
section 85(1) of the Local Government Act 1972 to Councillor Mick
Bradshaw until 31 December 2021.
Section 85(1) of the Local Government Act 1972
requires councillors to attend at least one meeting of the Council
or act as an appointed representative of the Council every six
month period, unless the failure to attend was due to a reason
pre-approved by the authority.
Councillor Mick Bradshaw attended a meeting of
Council on 23 February 2021. For health reasons, Councillor
Bradshaw was unable to attend the meetings of Council in May and
June 2021 which could have increased the risks to him. He has
requested an exemption on health grounds.
This exemption would have been considered by
Council in July 2021; however, the meeting was cancelled due to
lack of substantive business. This urgent decision was made to
ensure that the exemption could be granted before Councillor
Bradshaw’s term of office would otherwise expire in August
2021.
An alternative option considered was not to
grant the exemption; however, this would have resulted in
Councillor Bradshaw’s term of office expiring.
The Group Leaders and Chair of the Council
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.
Minutes:
Council received and noted a narrative item,
which informed of a dispensation granted to Councillor Mick
Bradshaw utilising the Chief Executive’s urgency powers.
Section 85(1) of the Local
Government Act 1972 required councillors to attend at least one
meeting of the Council or act as an appointed representative of the
Council every six month period, unless the failure to attend was
due to a reason pre-approved by the authority.
Councillor John Griffiths,
Leader of the Council, drew relevant issues to the attention of
Council, including that Councillor Mick Bradshaw had attended a
meeting of Council on 23 February 2021. For health reasons,
Councillor Bradshaw has sadly been unable to attend any meetings
since then and he had requested an exemption to section 85(1) on
the grounds of ill health.
This exemption would have been
considered by Council in July 2021; however, the meeting was
cancelled due to lack of substantive business. The urgent decision
to grant an exemption until 31 December 2021 was made by the Chief
Executive on 12 July 2021 to ensure that it could be granted before
Councillor Bradshaw’s term of office would otherwise expire
in August 2021.
Councillor Griffiths added that
together with the Chair, Councillor Margaret Marks, and the other
Group Leaders, Councillors Ian Shipp and Diane Hind, they had all
been consulted on the matter prior to the decision being made. Each
had expressed their support and wished Councillor Bradshaw the very
best in his recovery.
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165. |
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.
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