Agenda and minutes

Forest Heath Council - Wednesday 26 September 2018 6.00 pm

Venue: Council Chamber, District Offices, College Heath Road, Mildenhall, Suffolk IP28 7EY

Contact: Helen Hardinge  Email: helen.hardinge@westsuffolk.gov.uk

Items
No. Item

321.

Minutes pdf icon PDF 171 KB

To confirm as a correct record the minutes of the Council meeting held on 25 April 2018 and the Annual Meeting held on 9 May 2018 (copy attached).

Additional documents:

Minutes:

The minutes of the meeting held on 25 April 2018 and the Annual Meeting held on 9 May 2018 were unanimously received as an accurate record and were signed by the Chairman. 

322.

Chairman's Announcements (Report No: COU/FH/18/016) pdf icon PDF 125 KB

Report No: COU/FH/18/016

Minutes:

The report was noted.

323.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Brian Harvey, Louise Marston and Robin Millar.

 

Councillor Andrew Appleby was also unable to attend the meeting.

324.

Declarations of Interest

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

 

Minutes:

None were declared.

325.

The Leader's Report (Report No: COU/FH/18/017) pdf icon PDF 111 KB

Report No: COU/FH/18/017

 

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

 

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

Minutes:

The Leader presented his statement to the meeting as set out in Report No COU/FH/18/017.

 

Councillor Victor Lukaniuk thanked the Leader for the congratulations he included in his statement to Brandon for their recent achievement in being awarded Best Newcomer in the Anglia in Bloom awards. 

 

Councillor Lukaniuk then went on to make reference to Toggam Solar Farm and he questioned the level of return that the project was achieving. 

 

Councillor Stephen Edwards responded, in his capacity as Cabinet Member for Resources and Performance, and robustly challenged the figures stated by Councillor Lukaniuk.  He outlined in detail the income that had been generated from the project to date and what was forecast to be achieved.

 

Councillor Edwards stressed that the project had performed exceptionally well, above all expectations, and should be recognised for this.

 

Councillor Lance Stanbury also spoke in response to the comments made by Councillor Lukaniuk and expressed disappointment that the points raised seemingly did not appreciate the real success of the solar farm and were, instead, appearing to portray it to the public (inaccurately) as a ‘failed project’.

 

Councillors Ruth Allen and Roger Dicker then both spoke in response to Councillor Stanbury and objected strongly to the comments he made.

 

The Leader then addressed the meeting and reiterated the achievements of the solar farm project and asked all present to note his report as written. 

 

326.

Public Participation

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

 

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

 

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

Written questions may be submitted by members of the public to the Service Manager (Democratic Services) no later than 10.00am Tuesday 25 September 2018.  The written notification should detail the full question to be asked at the meeting of the Council.*

 

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

Minutes:

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

327.

Referrals Report of Recommendations from Joint Executive (Cabinet) Committee - Annual Treasury Management Report 2017/2018 and Investment Activity (1 April - 30 June 2018) (Report No: COU/FH/18/018) pdf icon PDF 155 KB

Report No: COU/FH/18/018

 

Referrals from Joint Executive (Cabinet) Committee: 24 July 2018

 

There are no referrals emanating from the Joint Executive (Cabinet) Committee meeting held on 24 July 2018.

 

Referrals from Joint Executive (Cabinet) Committee: 4 September 2018

 

1.   Annual Treasury Management Report 2017/2018 and Investment Activity 1 April to 30 June 2018

Cabinet Member: Councillor Stephen Edwards

 

2.   Mildenhall Hub

Cabinet Member: Councillor James Waters

 

3.   Habitats Regulations Assessment (HRA) Report

Cabinet Member: Councillor Lance Stanbury

 

Referrals from Extraordinary Joint Executive (Cabinet) Committee: 18 September 2018

 

1.   Barley Homes: Interim Business Plan and Changes in Governance

Cabinet Member (West Suffolk Lead for Housing): Councillor Sara Mildmay-White

 

Additional documents:

Minutes:

The Council considered the referral report of recommendations from the Joint Executive (Cabinet) Committee as set out in Report No COU/FH/18/018 in respect of:

 

1.   Annual Treasury Management Report 2017/2018 and Investment Activity (1 April – 30 June 2018)

(Joint Executive (Cabinet) Committee: 4 September 2018)

 

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

 

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

 

RESOLVED:

 

That the Annual Treasury Management Report for 2017-2018, attached as Attachment 1 to Report No: PAS/FH/18/028, be approved.

328.

Exclusion of the Press and Public

Minutes:

The Chairman explained that in order to allow the Director to provide an update on the commercially sensitive information within the exempt papers appended to the agenda in respect of Cabinet referral item No 2 (Mildenhall Hub), a vote needed to be taken in order to move the consideration of this item into Part 2 and exclude any attending press and public from the meeting.

 

Accordingly, it was moved by Councillor Simon Cole, seconded by Councillor Carol Lynch and with the vote being unanimous, it was

 

          RESOLVED:

 

That the press and public 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 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.

329.

Referrals Report of Recommendations from the Joint Executive (Cabinet) Committee - Mildenhall Hub (Exempt: Para 3) (Report No: COU/FH/18/018)

·         Appendix 1 – Exempt Appendix to Report No: CAB/JT/18/027 – Mildenhall Hub (NB: an updated version of this exempt document will be provided to Members either in advance of or at the Council meeting)

·         Appendix 3 - Exempt Attachment A to Report No: CAB/JT/18/032 – Barley Homes: Interim Business Plan and Changes in Governance

 

Minutes:

The Council considered the referral report of recommendations from the Joint Executive (Cabinet) Committee as set out in Report No COU/FH/18/018 in respect of:

 

2.   Mildenhall Hub (Exempt: Para 3)

(Joint Executive (Cabinet) Committee: 4 September 2018)

 

The Director tabled an addendum to the exempt Appendix to Report No CAB/JT/18/027, as appended to the agenda, and outlined the updated financial information set out therein. 

 

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

 

          RESOLVED:

 

          That:-

 

1.   On the basis set out in the exempt Appendix to Report No CAB/JT/18/027 and the tabled addendum paper, the final cost plan for the Mildenhall Hub project (including renewables and health facilities) be approved, and contractor appointments be made, subject to it still achieving at least the net revenue position previously agreed in 2017; and

 

2.   The Council’s Section 151 Officer make any necessary changes to the Council’s prudential indicators as a result of recommendation 1 above.

 

On conclusion of this item the Chairman moved the meeting back into Part 1.

330.

Referrals Report of Recommendations from the Joint Executive (Cabinet) Committee - Habitats Regulations Assessment (HRA) Report and Barley Homes: Interim Business Plan and Changes in Governance (Report No: COU/FH/18/018)

Minutes:

The Council considered the referral report of recommendations from the Joint Executive (Cabinet) Committee as set out in Report No COU/FH/18/018 in respect of:

 

3.   Habitats Regulations Assessment (HRA) Report

(Joint Executive (Cabinet) Committee: 4 September 2018)

 

Councillor Lance Stanbury, Cabinet Member for Planning and Growth, presented this referral item.

 

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

 

RESOLVED:

 

That:-

 

1.   The Council as a competent authority, undertake an Appropriate Assessment.

 

2.   The procedural changes required following the European court ruling, be confirmed.

 

3.   The HRA Addendum to the HRAs of the Forest Heath SIR and SALP (modification stage) (June 2018), attached as Appendix 1 to Report No CAB/JT/18/028, be endorsed; and

 

4.   Having regard to the HRA as a whole, the Council is satisfied that the FHDC Local Plan (SIR and SALP) will not have adverse effects on the integrity of any European site. 

 

and

 

4.   Barley Homes: Interim Business Plan and Changes in Governance

(Joint Executive (Cabinet) Committee: 18 September 2018)

 

The Chairman welcomed Councillor Sara Mildmay-White to the meeting, who was in attendance in her capacity as the West Suffolk Lead for Housing and presented this referral item.

 

Attention was drawn to the addendum to this report which had been circulated separately to the agenda and which set out amended recommendations.

 

Councillors Victor Lukaniuk and Ruth Allen raised concerns with the business plan and stated that they felt they were unable to support the recommendation.

 

In response, Councillor Lance Stanbury expressed disappointment that the Independent Group had apparently failed to recognise the value of the project and, furthermore, had not suggested any alternative ways of generating revenue.

 

The Leader explained that he appreciated that the project had resulted in some frustration and delay, however, he was confident it had great potential and was capable of delivering a good level of return and much needed housing for West Suffolk.

 

Councillor Lukaniuk requested that a recorded vote be taken on this item which was duly supported by four other Members.

 

On the motion of the Leader, seconded by Councillor David Bowman and upon being put to the vote Members voted as follows:

 

Name of Member

For

Against

Abstained

Ruth Allen

X

 

Michael Anderson

X

 

 

Chris Barker

X

 

 

John Bloodworth

X

 

 

David Bowman

X

 

 

Ruth Bowman

X

 

 

Rona Burt

X

 

 

Louis Busuttil

X

 

 

Simon Cole

X

 

 

Roger Dicker

X

 

 

Andy Drummond

X

 

 

Stephen Edwards

X

 

 

Carol Lynch

X

 

 

Victor Lukaniuk

X

 

Christine Mason

X

 

 

Robert Nobbs

X

 

 

Colin Noble

X

 

 

David Palmer

 

X

Peter Ridgwell

X

 

Nigel Roman

X

 

 

Reg Silvester

X

 

 

Lance Stanbury

X

 

 

James Waters

X

 

 

TOTAL

19

3

1

 

It was therefore

 

RESOLVED:

 

That:-

 

(1)     The proposal for Suffolk County Council to transfer its ownership of Barley Homes to the West Suffolk Councils be noted,  and the terms of the deal as set out in Paragraph 2.2 of Report No: CAB/JT/18/032, be agreed.

 

(2)     An additional working capital loan facility of £350,000 funded  ...  view the full minutes text for item 330.

331.

Annual Scrutiny Report: 2017/2018 (Report No: COU/FH/18/019) pdf icon PDF 492 KB

Paragraph 7.5.1 of Article 7 of the Council’s Constitution requires that ‘The Overview and Scrutiny Committee and the Performance and Audit Scrutiny Committee” must report annually to the full Council on their workings and make recommendations for future work programmes and amended working methods if appropriate’.

 

Report No: COU/FH/18/019

Minutes:

Councillor Simon Cole, Chairman of the Overview and Scrutiny Committee, presented Forest Heath’s Annual Scrutiny Report for 2017/2018.  

 

He thanked his fellow Overview and Scrutiny Members for all their support and input over the past year, together with those Officers and Portfolio Holders who contributed towards the work of the Committee.

 

Councillor Louis Busuttil also spoke in support of the report in his capacity as Chairman of the Performance and Audit Scrutiny Committee and similarly gave thanks to the Members and Officers concerned.

 

It was moved by Councillor Simon Cole, seconded by Councillor Louis Busuttil and with the vote being unanimous, it was  

 

RESOLVED:  

 

That the Annual Scrutiny Report for 2017/2018 be received and noted.  

332.

Representation on Suffolk County Council's Health Overview and Scrutiny Committee

The Council is asked to nominate one Member and one substitute Member to serve on the County’s Health Overview and Scrutiny Committee. These Members should ideally be from the District Council’s Overview and Scrutiny Committee, although this is not essential as the necessary training will be given by the County Council.

 

The Committee on 7 June 2018 nominated Councillor John Bloodworth as the full Member and Councillor Christine Mason as the substitute Member for 2017-2018.

 

The Council is RECOMMENDED that Councillor John Bloodworth be nominated as the District Council’s representative and Councillor Christine Mason as the nominated substitute Member on the Suffolk Health Overview and Scrutiny Committee for 2017-2018.

Minutes:

The Council was asked to nominate one Member and one substitute Member to serve on the County’s Health Overview and Scrutiny Committee. 

 

Councillor Simon Cole advised that the Overview and Scrutiny Committee had, at their meeting on 7 June 2018, nominated Councillor John Bloodworth as the full Member and Councillor Christine Mason as the substitute Member for 2018/2019. 

 

Councillor Cole then formally moved the recommendation of the Overview and Scrutiny Committee, this was duly seconded by Councillor Nigel Roman and with the vote being unanimous, it was 

 

RESOLVED: 

 

That Councillor John Bloodworth be nominated as the District Council’s representative and Councillor Christine Mason as the nominated substitute Member on the Suffolk Health Overview and Scrutiny Committee for 2018/2019. 

333.

Questions to Chairmen of other Committees

Questions to Chairmen on the business transacted by their Committees since the last ordinary meeting of Council:

 

Development Control Committee                   3 May 2018

                                                                   6 June 2018

                                                                   4 July 2018

                                                                   1 August 2018

                                                                   5 September 2018

Performance & Audit Scrutiny Committee      31 May 2018

                                                                   25 July 2018

Overview & Scrutiny Committee                    7 June 2018

                                                                   12 July 2018

                                                                   13 September 2018

Licensing & Regulatory Committee                2 July 2018

West Suffolk Joint Standards Committee       16 July 2018

Minutes:

There were no questions to Chairmen of other Committees. 

334.

Urgent Questions on Notice

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

Minutes:

There were no urgent questions on notice.