Agenda item

Report No: COU/SE/17/021

 

(A)    Referrals from Cabinet: 17 October 2017
1.	West Suffolk Local Code of Corporate Governance
	Portfolio Holder: Cllr Ian Houlder
(B)    Referrals from Cabinet: 5 December 2017
1.	West Suffolk Operational Hub
	Portfolio Holder: Cllr Peter Stevens
2.	Statement of Licensing Policy and Cumulative Impact Policy Renewal
	Portfolio Holder: Cllr Alaric Pugh
3.	Bury St Edmunds Town Centre: Masterplan
	Portfolio Holder: Cllr Alaric Pugh
4.	Mid Year Treasury Management Performance Report 2017/2018 and Investment Activity (1 April to 30 September 2017)
	Portfolio Holder: Cllr Ian Houlder
5.	Local Council Tax Reduction Scheme 2018/2019
	Portfolio Holder: Cllr Ian Houlder
6.	Council Tax Base for Tax Setting Purposes 2018/2019
	Portfolio Holder: Cllr Ian Houlder
7.	West Suffolk Strategic Framework: 2018-2020
	Portfolio Holder: Cllr John Griffiths
8.	St Genevieve Lakes (formerly Park Farm, Ingham): Masterplan
	Portfolio Holder: Cllr Alaric Pugh

 

 

Council considered the Referrals Report of Recommendations from Cabinet contained within Report No: COU/SE/17/021.

 

(A)    Referral from Cabinet: 17 October 2017

 

1.       West Suffolk Local Code of Corporate Governance

 

Approval was sought for the West Suffolk Local Code of Corporate Governance.

 

Councillor Ian Houlder, Portfolio Holder for Resources and Performance, drew relevant issues to the attention of Council.

 

On the motion of Councillor Ian Houlder, seconded by Councillor Sarah Broughton, and duly carried, it was

 

RESOLVED:

 

That, the West Suffolk Local Code of Corporate Governance, attached as Appendix A to Report No: PAS/SE/17/021, be approved.

 

(B)    Referrals from Cabinet: 5 December 2017

 

1.       West Suffolk Operational Hub

 

Approval was sought for additional funding and associated matters in order to progress the West Suffolk Operational Hub project to the construction phase.

 

Recent progress with the project was noted, including that, as stated earlier in the meeting by the Leader of the Council (see Minute 309 above), the Secretary of State had confirmed that he did not intend to call-in the detailed planning application for his own determination, following the Development Control Committee’s decision to grant planning consent for the West Suffolk Operational Hub (WSOH) to be built at Hollow Road Farm, Fornham St Martin.  38 separate planning conditions had been applied to this consent.  

 

Councillor Peter Stevens, Portfolio Holder for Operations, drew relevant issues to the attention of Council, including that there remained a clear need to urgently invest in new waste and street scene services facilities in West Suffolk and that current arrangements were unsustainable and costly to the taxpayer.

 

The reasons for the request for additional capital funding required were reiterated to Council, as provided in Cabinet Report No: CAB/SE/17/061, including that although costs had increased, these were shared with Forest Heath District Council (FHDC) and Suffolk County Council (SCC), and taking the cost of borrowing into account, the known benefits of the scheme would still break even with the status quo financial position whilst providing modern facilities and capacity for significant future growth.  The scheme would also enable the relocation of the current St Edmundsbury depot allowing the delivery of further development at Western Way.

 

Councillor Stevens commended officers and Members of SCC and FHDC for the hard work undertaken in moving the project to this stage.

 

Councillor Stevens then moved the recommendations, as set out in the report, which was duly seconded by Councillor Bob Cockle.

 

Some concern was expressed during the debate regarding:

 

(a)     potential odour emanating from the site;

(b)     whether the total cost of the project would further increase;

(c)     whilst a detailed site selection process had been undertaken which was subject to thorough public consultation, whether the approved location for the WSOH remained the most appropriate site;

(d)     the number of lorry movements between the WSOH and the recycling facility at Great Blakenham;

(e)     the highways infrastructure within the locality of the WSOH; and

(f)      SCC’s original plans to site a waste transfer station at Rougham Hill, Bury St Edmunds.

 

Councillor Stevens provided responses to these matters, including:

 

(a)     reiterating the financial position and the reasoning, as set out in the report;

(b)     that many of the issues raised had been addressed and mitigated as part of the approved detailed planning application, such as making an odour assessment and SCC’s assessment (as Highways Authority) of the number of lorry movements and the impact on the highway infrastructure;

(c)     SCC, as Waste Disposal Authority, was responsible for waste being directed to Great Blakenham; and

(d)     SCC had determined that the site at Rougham Hill was not appropriate to achieve SCC’s, FHDC’s and SEBC’s collective vision of providing more cost effective and efficient combined facilities for West Suffolk at Hollow Road Farm.   

 

Councillor Paul Hopfensperger requested a recorded vote on the substantive motion, which as required by the Constitution, was duly supported by more than five other Members.

 

Of 39 Members present, the votes recorded were 28 votes for the motion, 11 against and no abstentions.  The names of those Members voting for and against being recorded as follows:

 

For the motion:

Councillors Simon Brown, Tony Brown, Bull, Chester, Chung, Evans, Everitt, Fox, Griffiths, Hailstone, Houlder, Marks, Midwood, Mildmay-White, Pollington, Pugh, Rayner, Richardson, Roach, Smith, Speed, Springett, Stamp, Stevens, Thompson, Thorndyke, Frank Warby and Patsy Warby.

Against the motion:

Councillors Beckwith, Broughton, Burns, Clements, Cockle, Hind, Beccy Hopfensperger, Paul Hopfensperger, Nettleton, Robbins and Wakelam.

 

RESOLVED:

That:

 

(1)     Report No: CAB/SE/17/061 and its appendices, be noted;

(2)     the allocation of an additional £1,095,000 to the Council’s Capital Programme funded in line with paragraphs 5.14 - 5.17 of Report No: CAB/SE/17/061, be approved;

(3)     Subject to receiving a planning consent:

          (a)     the Council’s option to procure land at Hollow Road         Farm,           be exercised;

(b)     with Suffolk County Council and Forest Heath District Council, a contract be entered into for the construction of the West Suffolk Operational Hub at Hollow Road Farm; and

 

(4)     it be agreed for the Council’s Section 151 Officer to make the necessary changes to the Council’s 2017/18 prudential indicators as a result of recommendation (2) above.

 

2.       Statement of Licensing Policy and Cumulative Impact Policy Renewal

 

(Councillors Paul Hopfensperger and Beccy Hopfensperger declared local non-pecuniary interests in this particular referral as their home and business was located within the proposed Cumulative Impact Area. Both Members remained in the meeting for the consideration of this referral.)

 

Approval was sought for a revised Cumulative Impact Policy for Bury St Edmunds Town Centre for incorporation into the Council’s overarching Statement of Licensing Policy.

 

On 31 October 2017, the Licensing and Regulatory Committee had considered Report No: LIC/SE/17/011, which set out proposals to re-adopt both the Statement of Licensing Policy and Cumulative Impact Policy area for Bury St Edmunds town centre, based on a review of the current legislative framework, the effectiveness of the current policy on crime and disorder in the area and a consultation carried out in accordance with statutory guidelines that apply.

 

As a result of hearing representations at the meeting of the Licensing and Regulatory Committee, including that of Councillor David Nettleton, one of the Ward Members for Risbygate ward, a summary of which was contained in Cabinet Report No: CAB/SE/17/062, the Committee had recommended to Cabinet that Map 1, attached as Appendix A to that report be the revised cumulative impact area for Bury St Edmunds Town Centre.

 

Subsequent to the deliberations of the Licensing and Regulatory (L&R) Committee and its recommendation, Officers had recommended to Cabinetthat Map 2, attached as Appendix B to that report be the revised cumulative impact area for Bury St Edmunds Town Centre. This area included the Abbeygate ward and removed most of Risbygate ward (as recommended by the L&R Committee) apart from a small section of St Andrews Street North. The reason for this was to retain all current late night premises that had a detrimental cumulative impact on the town, such as noise, crime, anti-social behaviour and damage, within the cumulative impact area.

 

Councillor Alaric Pugh, Portfolio Holder for Planning and Growth, drew relevant issues to the attention of Council, including that whilst it had carefully considered the recommendations of the Licensing and Regulatory (L&R) Committee, the Cabinet had considered that application of the CIP was about creating a balance between mitigating the effects of problems that may cause a detrimental cumulative impact for residents and ensuring business growth was not stifled.  In addition, whilst provided at the Cabinet meeting, the Cabinet had also noted that the L&R Committee had not heard representations from either of the Ward Members for Abbeygate ward, which may have had some bearing on the Committee’s recommendation put forward. With these additional considerations in mind, the Cabinet felt the new cumulative impact area should cover the area shown in Map 2, as set out in Appendix B attached to Report No: CAB/SE/17/062. 

 

Councillor David Nettleton expressed his dissatisfaction with the Cumulative Impact Policy (CIP) per se and considered there were sufficient powers that could already be exercised under the Licensing Act 2003 to protect residents from any potential detrimental impact caused by late night premises, such as requesting that a review of a premises licence be undertaken by the Licensing Authority should any of the licensing objectives be considered to be undermined.   If however, the CIP was to be renewed, he could not support it being extended to cover any premises located in the Risbygate ward.

 

Councillors Andrew Speed and Joanna Rayner, Ward Members for Abbeygate ward, emphasised the importance of the CIP. The proposed extension into Risbygate ward, as shown on Map 2, was not intended to single out any particular premises.  The CIP was intended to be used proactively and to ensure any new late night premises were brought into the area covered by the CIP in a responsible manner.  It had been demonstrated that the proposed CIP had the support of the police, residents and existing businesses alike. 

 

On the motion of Councillor Alaric Pugh, seconded by Councillor Frank Warby, and duly carried, it was

 

RESOLVED:

That:

 

(1)     the proposed Cumulative Impact Area of Bury St Edmunds Town Centre contained within the Statement of Licensing Policy at Appendix 3 to Report No: LIC/SE/17/011, be amended to cover the area shown on Map 2, attached as Appendix B to Report No: CAB/SE/17/062; and

 

(2)     subject to the agreement of (1) above, the revised Statement of Licensing Policy incorporating the amended Cumulative Impact Policy, attached as Appendix 3 to Report No: LIC/SE/17/011, be adopted.

 

3.       Bury St Edmunds Town Centre: Masterplan

 

(Councillor Paul Hopfensperger declared a local non-pecuniary interest in this particular referral as his business was located within the area covered by the Bury St Edmunds Town Centre Masterplan, and remained in the meeting for the consideration of this item.)  

 

Approval was sought for the Bury St Edmunds Town Centre Masterplan  following consultation.

 

The aim of the masterplan, which was attached as Appendix A to Cabinet Report No: CAB/SE/17/064, was to set guidelines for the future growth and development of Bury St Edmunds town centre and to provide the framework for individual development proposals to be assessed when they came forward.  The Council was legally responsible for the masterplan, which would become a formal Supplementary Planning Document upon adoption by Council.

 

The masterplan had been produced in conjunction with a Bury St Edmunds Town Centre Masterplan Working Group (BSETCMWG), which comprised representatives of several organisations and partners connected with Bury St Edmunds town centre, as outlined in the report.

 

The timeline for reaching this point in the development of the masterplan was set out in the Cabinet report, including details of the consultation process that took place between Monday 31 July and Friday 8 September 2017 on the draft masterplan.  Details of all replies, together with officer comment and consequential changes to the masterplan document were included in the Consultation Report which could be viewed online as Appendix B to that report.

 

Councillor Alaric Pugh, Portfolio Holder for Planning and Growth and Chairman of the BSETCMWG, drew relevant issues to the attention of Council, including that adoption of the masterplan was a key element in guiding investment, aspirations and development opportunities to accommodate growth within Bury St Edmunds Town Centre helping to implement an important part of Bury St Edmunds Vision 2031, whilst ensuring the history and ‘heart’ of Bury St Edmunds was preserved and retained.

 

Members acknowledged the success of the consultation process, which was both extensive and innovative and had achieved a significant number and wide range of consultation responses.

 

Focus was now on the Delivery Plan, which centred on delivering the aspirations identified in the masterplan.  Such aspirations included providing additional parking in the town centre, and work had commenced on a vision for St Andrews Street North and its vicinity, which included the provision of additional parking.

 

Councillor Paul Hopfensperger raised several concerns regarding the highways infrastructure within the town and the importance of ensuring such infrastructure supported the delivery of the aspirations provided in the masterplan.  In response, Councillor Pugh shared these concerns and emphasised the importance of obtaining meaningful engagement with Suffolk County Council as the Highways Authority, as well as other partners that would influence delivery of the aspirations.

 

Councillor David Nettleton asked the following question during the debate:

 

In respect of Planning Application DC/17/2389/FUL - 46 no. apartments and 1 no. commercial unit (Class A1/A2/A3/B1(a) use) (Re-submission of DC/16/0730/FUL). Emg Used Cars, Tayfen Road, Bury St Edmunds, is this the same scheme that is outlined in the Bury St Edmunds Town Centre Masterplan within ‘The Northern Gateway’ section, or are these two entirely separate schemes but have been designated for the same development site?

 

Councillor Pugh provided a brief reply but stated that he would follow up with a written response, which would be circulated to all Members following the meeting. 

 

On the motion of Councillor Alaric Pugh, seconded by Councillor Peter Stevens, and duly carried, it was

 

RESOLVED:

 

That the masterplan for Bury St Edmunds Town Centre, as detailed in Appendix A to Report No: CAB/SE/17/064, be adopted as a Supplementary Planning Document.

 

4.       Mid Year Treasury Management Performance Report 2017/2018 and Investment Activity (1 April to 30 September 2017)

 

Approval was sought for the Mid Year Treasury Management Performance Report 2017/2018 and associated Code of Practice.

 

Councillor Ian Houlder, Portfolio Holder for Resources and Performance, drew relevant issues to the attention of Council.

 

On the motion of Councillor Ian Houlder, seconded by Councillor David Roach, and duly carried, it was

 

RESOLVED:

 

That the Mid-Year Treasury Management Report for 2017-2018, including the change to the Annual Treasury Management and Investment Strategy and associated Code of Practice, attached as Appendix 1 to Report No: TMS/SE/17/004, be approved.

 

4.       Local Council Tax Reduction Scheme 2018/2019

 

Approval was sought for the Local Council Tax Reduction Scheme (LCTRS) 2018/2019, following its annual review.

 

Councillor Ian Houlder, Portfolio Holder for Resources and Performance, drew relevant issues to the attention of Council, including that each year the Council was required to review its LCTRS.  As a result of the review, as detailed in Cabinet Report No: CAB/SE/17/068, and following the consideration and rejection of other options for the 2018/2019 LCTRS, amendments had been proposed, as detailed in paragraphs 5.1 to 5.3 inclusive, for the reasons provided.

 

As amendments to the LCTRS for 2018/2019 had been proposed, the Council was required to consult/engage with preceptors and stakeholders in order to inform final scheme design by 28February of the preceding year.  Details of the engagement exercise undertaken was contained in section 7 of the Cabinet report.  Overall, the results of the consultation had indicated a lack of concern for the changes proposed.

 

On the motion of Councillor Ian Houlder, seconded by Councillor David Roach, and duly carried, it was

 

RESOLVED:

That:

 

Taking into consideration the consultation and engagement feedback detailed in section 7 of Report No: CAB/SE/17/068, the following changes to the current Local Council Tax Reduction Scheme be agreed to take effect from 1 April 2018:

 

(a)     Update the “applicable amounts” to 2015 prices as detailed in paragraph 5.1 of Report No: CAB/SE/17/068;

 

(b)     incorporating changes that have occurred as a result of the Government’s welfare reforms as detailed in paragraph 5.2, regarding family premiums; dependence allowances where there are two or more children; and eligibility of foreign nationals; and

 

(c)     modernise the scheme as detailed in paragraph 5.3, so that claimants in receipt of Universal Credit do not need to make a separate application to qualify for Council Tax Discount.

 

6.       Council Tax Base for Tax Setting Purposes 2018/2019

 

Approval was sought for the Council Tax Base for Tax Setting Purposes 2018/2019.

 

Councillor Ian Houlder, Portfolio Holder for Resources and Performance, drew relevant issues to the attention of the Cabinet including that the tax base formed the basis for the formal calculation of Council Tax for 2018/2019.

 

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

 

RESOLVED:

That:

 

(1)     the tax base for 2018/2019, for the whole of St Edmundsbury is 36,490.95 equivalent band D dwellings, as detailed in paragraph 1.4 of Report No: CAB/SE/17/069; and

 

(2)     the tax base for 2018/2019 for the different parts of its area, as defined by parish or special expense area boundaries, are as shown in Appendix 2.

 

7.       West Suffolk Strategic Framework 2018-2020

 

(Councillor Sarah Broughton declared a pecuniary interest in this particular referral as a landowner of an area referred to in the West Suffolk Strategic Framework 2018-2020, namely, Vision 2031 Strategic Site, North East Bury St Edmunds, and left the meeting during the consideration of this referral.)

 

Approval was sought for the West Suffolk Strategic Framework 2018-2020.

 

The most recent strategic plan for West Suffolk covered the period 2014-2016.  It had previously been agreed to extend the vision and priorities in that plan until the outcome of the devolution process in Norfolk and Suffolk was clear.  It was now considered timely for a new strategic framework document to be developed and adopted, especially given that both St Edmundsbury Borough Council (SEBC) and Forest Heath District Council (FHDC) had now agreed to proceed with proposals for creating a single council for West Suffolk. 

 

Councillor Griffiths, Leader of the Council, drew relevant issues to the attention of Council, including that work had been undertaken by FHDC and SEBC Portfolio Holders since summer 2017 on the revised Strategic Framework for 2018-2020 and had been presented to both FHDC and SEBC Overview and Scrutiny Committees for their suggestions and comments, which had contributed towards its development and improvement, as detailed in Cabinet Report No: CAB/SE/17/070.

 

In summary, the document, which was attached as Appendix A to the Cabinet report, contained the proposed vision; strategic priorities (which continued to be focussed on growth, resilient families and communities, and housing); proposed projects and actions to support the priorities; and finally, how the West Suffolk councils would work together in taking forward and delivering the ambitious set of projects and activities, in order to support local communities and businesses in their efforts to improve the quality of life in West Suffolk.

 

In response to a question regarding progress on the delivery of homes by Barley Homes (Group) Ltd, Council was informed that ongoing discussions were being held with Suffolk County Council (SCC) and partners to improve the speed of delivery of the initial identified schemes.  Such challenges included the valuation and release of land by SCC for housing development. A planning application was however, expected to shortly be submitted for the site at the Town Hall car park, Haverhill. 

 

On the motion of Councillor John Griffiths, seconded by Councillor David Nettleton, and duly carried, it was

 

RESOLVED:

 

That the West Suffolk Strategic Framework 2018-2020, as contained in Appendix A to Report No: CAB/SE/17/070, be adopted.

 

(Councillor Sarah Broughton re-joined the meeting at the conclusion of this referral.)

 

8.       St Genevieve Lakes (formerly Park Farm, Ingham): Masterplan

 

Approval was for the St Genevieve Lakes (formerly Park Farm, Ingham) Masterplan.

 

The adopted Rural Vision 2031 Local Plan document identified the area at Park Farm, Ingham for leisure, recreation and tourism development. The site was currently a sand and gravel quarry which had recently completed extraction activities and was being restored to arable farmland, species rich grassland and a series of open water lakes. The Rural Vision 2031 Local Plan document identified that the restoration had brought forward the opportunity for the creation of recreational, leisure and tourism facilities serving both the locality and the wider area.

 

Councillor Alaric Pugh, Portfolio Holder for Planning and Growth, drew relevant issues to the attention of Council, including that the allocation would not only bring economic and community benefits to the area, but it would also help mitigate potential effects on the Breckland Special Protection Area (SPA) by providing an alternative visitor attraction that could absorb the pressure of visitors to the area.

 

Members expressed their full support for this masterplan and acknowledged the extensive amount of work that had been undertaken by the consultants, acting on behalf of the landowner, in bringing the document forward for adoption as informal planning guidance.  Having consulted and listened to residents’ views and actively complemented planning and economic development policies, the masterplan was considered to be exemplary.

 

On the motion of Councillor Alaric Pugh, seconded by Councillor Peter Stevens, and duly carried, it was

 

RESOLVED:

 

That the masterplan for St Genevieve Lakes, as contained in Appendix A to Report No: CAB/SE/17/072, be adopted as informal planning guidance.