Agenda, decisions and minutes

Venue: The Guildhall, St Peter's Place, Canterbury

Contact: Josie Newman  01227 862 009 Email: democracy@canterbury.gov.uk

Items
No. Item

854.

Apologies for absence

Minutes:

Apologies for lateness had been received from Councillor Dixey.

855.

Substitute Councillors

Minutes:

There were no substitutes for the meeting.

856.

Declaration of any interests

TO RECEIVE any declarations for the following in so far as they relate to the business for the meeting:-

  1. Disclosable Pecuniary Interests
  2. Other Significant Interests (what were previously thought of as non-pecuniary Prejudicial interests)
  3. Voluntary Announcements of Other Interests

Voluntary Announcements of Other Interests not required to be disclosed as DPI’s or OSI’s, ie announcements made for transparency reasons alone, such as:

·         Membership of outside bodies that have made representations on agenda items, or

·         Where a Councillor knows a person involved, but does not have a close association with that person, or

·         Where an item would affect the well-being of a Member, relative, close associate, employer, etc but not his/her financial position.

[Note: an effect on the financial position of a Councillor, relative, close associate, employer, etc; OR an application made by a Councillor, relative, close associate, employer, etc, would both probably constitute either an OSI or in some cases a DPI].

Minutes:

Councillor Williams declared a pecuniary interest in the Riverside item as he had a property nearby and so he left the meeting for that item.

 

The following voluntary announcements were made during the meeting:

 

  • Councilor Wiliams used to play for Canterbury City Football Club (appointment of working groups)
  • A number of the committee members knew a number of the public speakers (notice of motion)
  • Councillor S Cook lived in Bridge Parish (Bridge neighbourhood plan)
  • The Chief Executive and Deputy Chief Executive were members of the RSPB (Seasalter levels)

 

857.

Public participation

Members of the public may speak on any item on the agenda, for a maximum of three minutes, provided that notification has been given to Democratic Services by 12.30pm on the working day before the meeting.

Minutes:

There were ten speakers for the meeting they were heard prior to the consideration of the item regarding the notice on motion.

858.

Minutes of the meeting held on 6 February 2019 pdf icon PDF 91 KB

TO CONFIRM as a true record.

Minutes:

The minutes were agreed as a true record.

859.

Minutes of the meeting held on 13 March 2019 pdf icon PDF 65 KB

TO CONFIRM as a true record.

Minutes:

The minutes were agreed as a true record.

860.

Sex Establishment Policy pdf icon PDF 84 KB

TO CONSIDER the report of the Director of Community Services and the Head of Safer Neighbourhoods.

 

Additional documents:

Decision:

The approval and adoption of the Sex Establishment Policy.

 

Reasons for the decision: It is important to have a clear policy in relation to sex establishments to enable clear and robust decision making. A clear policy will also ensure that such establishments are managed properly to promote the health and safety of the public and performers.

 

Minutes:

The Head of Safer Neighbourhood introduced the report explaining that there were currently no sexual entertainment venues. The policy proposed was largely the same as existing policy.

 

The recommendation in the report was proposed and seconded and when put to a vote unanimously agreed.

 

RESOLVED: The approval and adoption of the Sex Establishment Policy.

 

Reasons for the decision: It is important to have a clear policy in relation to sex establishments to enable clear and robust decision making. A clear policy will also ensure that such establishments are managed properly to promote the health and safety of the public and performers.

 

Record of voting:

For (11): Councillors Baldock, Bartley, A.Cook, S.Cook, Glover, Jones, Samper, Taylor, Todd, Walker, Williams

Against (0):

Absent from the meeting during the consideration of this item (1): Councillor Dixey

 

 

861.

Scrap Metal Policy pdf icon PDF 81 KB

TO CONSIDER the report of the Director of Community Services and the Head of Safer Neighbourhoods.

Additional documents:

Decision:

The approval and adoption of the Scrap Metal Dealers Act 2013 Policy.

 

Reasons for the decision: The policy is an important tool to ensure that the scrap metal trade in Canterbury is compliant with statute and provides a robust and efficient service to the members of the trade and public. The policy will provide clear guidance to officers when administering the licensing regime in a clear and consistent way.

 

Minutes:

The Head of Safer Neighbourhood introduced the report seeking a readoption of the existing scrap metal policy. There had been no changes to legislation or government guidance.

 

The recommendation in the report was proposed and seconded and when put to a vote unanimously agreed.

 

RESOLVED: The approval and adoption of the Scrap Metal Dealers Act 2013 Policy.

 

Reasons for the decision: The policy is an important tool to ensure that the scrap metal trade in Canterbury is compliant with statute and provides a robust and efficient service to the members of the trade and public. The policy will provide clear guidance to officers when administering the licensing regime in a clear and consistent way.

 

Record of voting:

For the resolution (11): Councillors Baldock, Bartley, A.Cook, S.Cook, Glover, Jones, Samper, Taylor, Todd, Walker, Williams

Against the resolution (0): None

Absent from the meeting during the consideration of this item (1): Councillor Dixey

 

862.

Riverside Development, Canterbury pdf icon PDF 124 KB

TO CONSIDER the report of the Head of Property and Regeneration.

Additional documents:

Decision:

 

1.    The council approves the appropriation of land at Kingsmead/Sturry Road (shown on plan 1 appended to this report) in accordance with section 122 of the Local Government Act 1972 from parking, commercial and residential purposes to planning purposes.

 

2.    Authority be delegated to the Head of Legal to appropriate the land at Kingsmead/Sturry Road (shown on plan 1 appended to this report) in accordance with section 122 of the Local Government Act 1972 for planning purposes.

 

3.    Authority be delegated to the Head of Legal, in conjunction with the Head of Property and Regeneration, to deal with any matter arising from the operation of Section 203 of the Housing and Planning Act 2016.

 

Reasons for the decision: In order to help safeguard the realisation of the significant public benefits associated with the delivery of the Riverside scheme.

 

 

Minutes:

(Councillor Williams declared that he owned a property near the site and he left the meeting for the item)

 

The Deputy Chief Executive introduced the report which set out a technical decision about the appropriation of land under section 122 of the Local Government Act 1972 so that it is held for planning purposes to support the redevelopment of land at Kingsmead and Sturry Road known as the Riverside development.  

 

The recommendations in the report were proposed and seconded and when put to a vote unanimously agreed.

 

RESOLVED:

 

1.    That the council approves the appropriation of land at Kingsmead/Sturry Road (shown on plan 1 appended to this report) in accordance with section 122 of the Local Government Act 1972 from parking, commercial and residential purposes to planning purposes.

 

2.    That authority be delegated to the Head of Legal to appropriate the land at Kingsmead/Sturry Road (shown on plan 1 appended to this report) in accordance with section 122 of the Local Government Act 1972 for planning purposes.

 

3.    That authority be delegated to the Head of Legal, in conjunction with the Head of Property and Regeneration, to deal with any matter arising from the operation of Section 203 of the Housing and Planning Act 2016.

 

Reasons for the decision: In order to help safeguard the realisation of the significant public benefits associated with the delivery of the Riverside scheme.

 

Record of voting:

For the resolution (10): Councillors Baldock, Bartley, A.Cook, S.Cook, Glover, Jones, Samper, Taylor, Todd, Walker,

Against the resolution (0): None

Abstained from voting (0): None

Absent from the meeting during the consideration of this item (2): Councillor Dixey, Williams.

 

863.

Temporary Accommodation Policy 2018-2023 pdf icon PDF 90 KB

TO CONSIDER the report of the Director of Community Services.

Additional documents:

Decision:

The adoption of the final Temporary Accommodation Placement Policy.

 

Reason for the decision: The policy sets out how the housing team would allocate temporary accommodation, and introduces new charging principles as a means of ensuring equity and recouping some of the council’s unmet costs. It also seeks to ensure we meet legislative requirements and that decisions are properly evidenced and robust.

 

Minutes:

 

(Councillor Williams returned to the meeting).

 

The Head of Housing and Community introduced the report which presented the final Temporary Accommodation Placement Policy following a period of consultation. The Community Committee had recommended adoption of the policy.

 

The Committee asked questions and the Head of Housing and Community gave points of clarification where necessary. Matters including the following were covered:

 

1.    There were a number of households housed outside of the district presently as there was not enough suitable temporary accommodation within the district. There were ongoing projects designed to tackle this because it was understood that it was preferable to house people near their support networks.

 

2.    The housing team worked with each household to produce a personalised housing plan, this covered a range of matters, including mental health and employment status.

 

3.    The information gathered during the formation of the personalised housing plan includes income and expenditure checks, this is to ensure any nightly fee is affordable. Nightly fees are within the Local Housing Allowance range.

 

4.    The nightly fee was applied in circumstances where the applicant was not eligible for housing benefit.

 

The recommendations in the report were proposed and seconded and when put to a vote unanimously agreed.

 

RESOLVED: The adoption of the final Temporary Accommodation Placement Policy.

 

Reason for the decision: The policy sets out how the housing team would allocate temporary accommodation, and introduces new charging principles as a means of ensuring equity and recouping some of the council’s unmet costs. It also seeks to ensure we meet legislative requirements and that decisions are properly evidenced and robust.

 

For the resolution (11): Councillors Baldock, Bartley, A.Cook, S.Cook, Glover, Jones, Samper, Taylor, Todd, Walker, Williams

Against the resolution  (0): None

Abstained (0): None

Absent from the meeting during the consideration of this item (1): Councillor Dixey

 

864.

Private Sector Housing Policy pdf icon PDF 96 KB

TO CONSIDER the report of the Director of Community Services.

Additional documents:

Decision:

The adoption of the final Private Sector Housing Policy.

 

Reasons for the decision: The policy is required to inform operational practices and procedures of the team. The views and suggestions put forward through the consultation process have been considered, and have influenced the final policy where appropriate.

 

Minutes:

The Head of Housing and Community introduced the report which presented the final Private Sector Housing Policy, following a period of consultation.  The Community Committee had recommended that the policy be adopted.

 

The recommendations in the report were proposed and seconded and when put to a vote agreed.

 

RESOLVED: The adoption of the final Private Sector Housing Policy.

 

Reasons for the decision: The policy is required to inform operational practices and procedures of the team. The views and suggestions put forward through the consultation process have been considered, and have influenced the final policy where appropriate.

 

For the resolution (9): Councillors Baldock, Bartley, A.Cook, S.Cook, Glover, Samper, Taylor, Todd, Walker.

Against the resolution (0): None

Abstained from voting (2): Councillors Jones, Williams

Absent from the meeting during the consideration of this item (1): Councillor Dixey

 

865.

Equalities Policy pdf icon PDF 78 KB

TO CONSIDER the report of the Head of Corporate Governance.

Additional documents:

Decision:

The draft Equality and Diversity policy is adopted.

 

Reasons for the decisions: We have a statutory duty to meet the requirements of the Equalities Act. By adopting this policy we will have a set of objectives by which we can demonstrate how we are meeting the Equality Duty.

 

Minutes:

The Head of Corporate Governance introduced the report which set out the draft equality and diversity policy. The policy had been prepared to supplement the council’s commitment made in the corporate plan 2016-2020.  The policy included objectives as required in the Equalities Act 2010, and practical steps to ensure that the council meets its responsibilities.

 

The Committee made comments. The recommendations in the report were proposed and seconded and when put to a vote unanimously agreed.

 

RESOLVED: That the draft Equality and Diversity policy is adopted.

 

Reasons for the decisions: We have a statutory duty to meet the requirements of the Equalities Act. By adopting this policy we will have a set of objectives by which we can demonstrate how we are meeting the Equality Duty.

 

For the resolution (11): Councillors Baldock, Bartley, A.Cook, S.Cook, Glover, Jones, Samper, Taylor, Todd, Walker, Williams.

Against the resolution: None

Abstained from voting: None

Absent from the meeting during the consideration of this item (1): Councillor Dixey.

 

(Councillor Dixey arrived at the conclusion of this item).

 

866.

Appointment of Working Groups and Other Bodies pdf icon PDF 67 KB

TO CONSIDER the report of the Head of Corporate Governance.

Minutes:

(Councillor Williams made a voluntary announcement that he was a former player at Canterbury City  Football Club).

 

The Head of Corporate Governance introduced the report which dealt with the bodies already appointed and asked the Committee to make its recommendations to the new council.

 

The Committee discussed and in particular suggested that the next council might wish to consider setting up a working group which could work with Canterbury City Football Club.

 

The recommendations in the report were proposed, seconded and when put to a vote unanimously agreed.

 

RECOMMENDED (to the new council): That the following task and finish working groups are put forward to the Annual Meeting of Council for adoption:

 

  • Appointments to Outside Bodies Group Working Group
  • Staff and Safety Joint Consultative Group
  • Pay Review Board
  • Review of Polling Districts and Places Task and Finish Group
  • Sustainable Transport Forum
  • Strategic Grants Panel
  • Higher and Further Education Community Group
  • Seaside Byelaws Task and Finish Group
  • Youth Engagement Task and Finish Group

 

Reason of the decision: The working groups in the attached list are presently active or will be required in the coming year to complete a programmed piece of work. The new Council will have the option of modifying the list as it sees fit.

 

For the recommendation (12): Councillors Baldock, Bartley, A.Cook, S.Cook, Dixey, Glover, Jones, Samper, Taylor, Todd, Walker, Williams.

Against the recommendation (0): None

Abstained (0): None

 

867.

Notice of Motion: Reducing carbon emissions pdf icon PDF 104 KB

TO CONSIDER the report of the Head of Planning.

Decision:

 

  1. The council endorses the actions detailed in the report.
  2. The Policy and Resources Committee recommends to the next council that it:

a)    Strongly consider climate change when it formulates its corporate plan and treats it as a priority.

b)    Work with the appropriate parties to encourage other authorities to take action to reduce their carbon emissions.

3.    Officers prepare the following reports for the next Policy and Resources Committee meeting:

a)    A report on the energy saving measures that the council can take to reduce its corporate carbon emissions.

b)    A list of policies that could be added to the local plan that would improve energy efficiency and carbon neutrality of future developments.

 

Reasons for the decision: Climate change was a concern to a great many people and all had a role to take in reducing its impacts. The council could take responsibility for its own direct emissions of greenhouse gases and could influence others in theirs. The next council needed to consider the implications set out in the reports before deciding which action it wished to take.

 

 

Minutes:

(The following speakers were heard prior to the consideration of the item;

Esme Sayer, Emmanuel Thurston, Pascal Sleigh, Mel Dawkins, Elizabeth Pinn, Clare Connerton, Henry Stanton on behalf of the Canterbury District Green Party, Tom Webb, Trevor Sharp and Councillor Fisher)

 

The Head of Planning introduced the report which set out a response to a notice of motion which had been received by the council. He outlined that the local plan which was adopted in 2017 following approval by a government appointed inspector. Central to this policy was sustainable development. He drew attention to the other policies and strategies that also took account of the council’s responsibilities regarding climate change.

 

The motion was proposed, seconded and debated. Matters including the following were covered:

 

1.    A number of the other authorities referred to by the public speakers were unitary authorities and so had responsibility for highways and education which had bigger influences on an area’s carbon emissions.

 

2.    Policies and strategies take a long time to be developed and adopted. The processes for doing this were very often dictated by legislation.

 

3.    The measures outlined in the report were moves in the right direction and climate change was considered to be an important issue by the council.

 

4.    The council could only do what was possible and within the council’s powers but it had a role as a community leader to guide the behaviour of others in the district.

 

5.    The council had made a number of decisions which were influenced by the desire to reduce its greenhouse gas emissions including around renewable energy and more intelligent car parking infrastructure.

 

6.    It was important to understand the practical and financial implications of any attempt to be carbon neutral within a specific time frame.

 

7.    An amendment was suggested and agreed by the original proposer that additional words be added to endorse the actions set out in the report.

 

8.    There was concern over the suggestion that all policies and strategies be reviewed as this was very labour intensive.

 

9.    A further amendment was proposed and seconded which altered the actions proposed. It was put to a vote and the Committee agreed to amend the proposal.

 

The record of the voting was as follows -

 

For (9): Councillor Bartley, A.Cook, S.Cook, Glover, Jones, Samper, Taylor, Walker, Williams.

Against (2): Councillors Baldock, Dixey.

Abstained from voting (1): Councillor Todd

 

10.The amended proposal was then put to a vote and unanimously agreed.

 

RESOLVED: That -

 

(a)  The council endorses the actions detailed in the report.

 

(b)  The Policy and Resources Committee recommends to the next council that it:

a.    Strongly consider climate change when it formulates its corporate plan and treats it as a priority.

b.    Work with the appropriate parties to encourage other authorities to take action to reduce their carbon emissions.

 

(c)  Officers prepare the following reports for the next Policy and Resources Committee meeting:

                      i.        A report on the energy saving measures that the council  ...  view the full minutes text for item 867.

868.

Bridge Neighbourhood Plan Area pdf icon PDF 586 KB

TO CONSIDER the report of the Head of Planning.

Decision:

 

The whole parish of Bridge be designated as the neighbourhood area.

 

Reason for the decision: This is in accordance with Government guidance and to allow for a comprehensive and consistent policy approach to neighbourhood planning within the parish.

 

 

Minutes:

(Councillor S Cook made a voluntary declaration that he lived in Bridge Parish).

 

The Head of Planning introduced the report explaining that Bridge Parish Council had applied to the Council to designate a neighbourhood area, which would extend to the new Parish boundary.

 

The Committee discussed the matter. The recommendation in the report was proposed, seconded and when put to a vote unanimously agreed.

 

RESOLVED: That the whole parish of Bridge be designated as the neighbourhood area.

 

Reason for the decision: This is in accordance with Government guidance and to allow for a comprehensive and consistent policy approach to neighbourhood planning within the parish.

 

For the resolution (12): Councillors Baldock, Bartley, A.Cook, S.Cook, Dixey, Glover, Jones, Samper, Taylor, Todd, Walker, Williams.

Against the resolution (0): None

Abstained from voting (0): None

 

869.

Annual Pay Policy Report pdf icon PDF 71 KB

TO CONSIDER the report of the Head of Digital Transformation and Policy.

Additional documents:

Minutes:

The Deputy Chief Executive introduced the report explaining that the Localism Act 2011 required the council to adopt a Pay Policy each year. The Committee were asked to endorse this policy.

 

It was proposed, seconded and when put to a vote unanimously agreed that the Committee -

 

RECOMMENDED (to Full Council): That the Pay Policy Statement for 2019/20 be adopted.

 

Reasons for the decision: The Statement reflects the current structure. There have been no legislative or guidance changes that need to be reflected in the statement.

 

For the recommendation (12): Councillors Baldock, Bartley, A.Cook, S.Cook, Dixey, Glover, Jones, Samper, Taylor, Todd, Walker, Williams.

Against the recommendation (0): None

Abstained (0): None

 

870.

Accounts to Write Off pdf icon PDF 82 KB

TO CONSIDER the report of the Director of Resources.

Decision:

 

The Committee notes the debts to be authorised for write off by the Deputy Chief Executive.

 

Reasons for the decision: The council has done everything possible to recover them without success and each year a small proportion of debts must be written off to ensure sensible budget management.

 

Minutes:

The Deputy Chief Executive introduced the report which outlined the debts to be written off as irrecoverable for the year 2018-19.

 

It was noted by the Committee that the amount was very small compared to the size of the council and thanks were passed to the debt recovery team.

 

It was proposed, seconded and when put to a vote unanimously agreed that the Committee -

 

RESOLVED: That the Committee notes the debts to be authorised for write off by the Deputy Chief Executive.

 

Reasons for the decision: The council has done everything possible to recover them without success and each year a small proportion of debts must be written off to ensure sensible budget management.

 

For the resolution (12): Councillors Baldock, Bartley, A.Cook, S.Cook, Dixey, Glover, Jones, Samper, Taylor, Todd, Walker, Williams.

Against the resolution (0): None

Abstained (0): None

 

871.

Seasalter Levels Compulsory Purchase Order pdf icon PDF 97 KB

TO CONSIDER the report of the Head of Transport and the Environment.

 

(Please note the information which is exempt from publication and is contained later on in this agenda.)

Decision:

A.   The Council enters into an “Options Agreement for a Lease” in lieu of the revised Partnership Agreement previously approved by the P&R committee.

B.   The Head of Legal implements the CPO by making a General Vesting Declaration on all of the Whitstable Bay Estate.

C.   By making a General Vesting Declaration the Council accepts it will be liable to meet the full cost of CPO claims over and above the RSPB funding in accordance with the Options Agreement.

 

Reason for the decisions: This option would protect and enhance this internationally important land for wildlife. It is in line with previous council decisions and the CPO order and ensures that the council meets its obligations under section 28G of the Wildlife and Countryside Act 1981. It will maximise the value of the financial resources offered by RSPB to achieve our joint objectives, securing of the land while minimising thepotential risks in respect of fly tipping and fly grazing or renewed misuse of the land

resulting in the need for costly enforcement action. The reserve would be a great asset to nature and people.

 

 

Minutes:

(Councillor Williams left the meeting prior to the start of this item). (During the item the Deputy Chief Executive and the Chief Executive made a voluntary announcement that they were members of the RSPB).

 

Head of Transportation and Environment introduced the report. Setting out the background to the wider project following the appointment of the Compulsory Purchase Order (CPO) in October 2016, the report set out the next stages in the project. The financial risks were set out in the report.

 

The Committee discussed the report and the Deputy Chief Executive gave points of clarification where necessary.

 

The recommendations in the report were proposed, seconded and when put to a vote unanimously agreed -

 

RESOLVED:

A.   That the Council enters into an “Options Agreement for a Lease” in lieu of the revised Partnership Agreement previously approved by the P&R committee.

B.   That the Head of Legal implements the CPO by making a General Vesting Declaration on all of the Whitstable Bay Estate.

C.   That by making a General Vesting Declaration the Council accepts it will be liable to meet the full cost of CPO claims over and above the RSPB funding in accordance with the Options Agreement.

 

Reason for the decisions: This option would protect and enhance this internationally important land for wildlife. It is in line with previous council decisions and the CPO order and ensures that the council meets its obligations under section 28G of the Wildlife and Countryside Act 1981. It will maximise the value of the financial resources offered by RSPB to achieve our joint objectives, securing of the land while minimising thepotential risks in respect of fly tipping and fly grazing or renewed misuse of the land

resulting in the need for costly enforcement action. The reserve would be a great asset to nature and people.

 

For the resolution (12): Councillors Baldock, Bartley, A.Cook, S.Cook, Dixey, Glover, Jones, Samper, Taylor, Todd, Walker,

Against the resolution (0): None

872.

Date of next meeting

Provisionally 7pm, Wednesday 10 July 2019 in the Guildhall, St Peters Place, Canterbury.

Minutes:

Provisionally 7pm Wednesday, 10 July 2019.

873.

Any other urgent business to be dealt with in public

Minutes:

There was no urgent business to be considered at the meeting.

874.

Exclusion of the press and public

TO RESOLVE – That under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items of business on the grounds that there would be disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act or the Freedom of Information Act or both.

 

Minutes:

It was not necessary to exclude the press and the public from the meeting.

875.

Exempt Annex: Seasalter Levels Compulsory Purchase Order

(The information contained in this annex is exempt from publication as it contains commercially sensitive information the disclosure of which would be harmful to the council. Therefore, section 43 Freedom of Information Act 2000 and paragraph 3 of schedule 12A of the Local Government Act 1972 applies. The Council considers that at present the public interest in maintaining the exemption outweighs the public interest in disclosing it.)

 

TO CONSIDER the further information provided.

Minutes:

(The Committee considered the information when making its decision at minute 831.)

876.

Any other urgent business which falls under the exempt provisions of the Local Government Act 1972 or the Freedom of Information Act 2000 or both

Minutes:

There was no urgent business to be discussed at the meeting.