Agenda, decisions and minutes

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

Contact: Pippa Tritton  01227 862 009 Email: democracy@canterbury.gov.uk

Items
No. Item

773.

Apologies for absence

Councillor Sonnex

Minutes:

Apologies for absence were received from Councillors Sonnex and Westgate.

774.

Substitute Councillors

Minutes:

Councillor Glover was present as a substitute for Councillor Sonnex.

 

Councillor R Thomas was present as a substitute for Councillor Westgate.

775.

Declaration of any interests

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

 

a.       Disclosable Pecuniary Interests

b.       Other Significant Interests (what were previously thought of as non-pecuniary Prejudicial interests)

c.       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 Councillor, 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:

The following declarations were made:

·         Councillor Clark made a voluntary announcement that he lived on an unadopted road in relation to item 8.

·         Councillor R Thomas made a voluntary announcement that he was a County Councillor with regards to the items where Kent County Council had been involved.  Councillor R Thomas also made a voluntary declaration that he was a private landlord in relation to item 9.

·         The Chairman made a voluntary announcement that he had met with one of the speakers and had a non-prejudicial discussion regarding item 6.

 

776.

Minutes of the meeting held on 23 January 2019 pdf icon PDF 77 KB

TO CONFIRM as a true record.

Minutes:

The minutes of the meeting dated Wednesday, 23 January 2019 were agreed as a true record subject to the addition of the substitute Councillors in the present section and an amendment to Deborah Upton’s job title to read “Chief Executive of East Kent Housing”.

777.

Public participation

The Chairman to report any requests from members of the public who have given notice that they wish to speak on any item on the agenda.  The public must give notice to Democratic Services by 12.30pm on the working day before the meeting.

Minutes:

The Chairman advised that there were several public speakers who would be heard before the relevant item.

778.

Potential night-time closure of entrances into the Dane John Gardens pdf icon PDF 98 KB

TO CONSIDER the joint report of Head of Transportation and Environment and the Director of Community Services.

Additional documents:

Decision:

RESOLVED: That the six month trial closure of the Dane John garden entrances be undertaken as soon as possible and the trial will form the full consultation before a permanent solution would be considered at the end of the trial period.

 

Reason for decision: Closing some entrances from the city centre into the gardens at night could help to reduce some noise problems, particularly directly outside residential properties next to the path through the park.

Minutes:

The following members of the public spoke prior to the consideration of the item:

  • Yvonne Hill
  • Reg Race
  • Virginia Fitch
  • Councillor Simon Warley
  • Councillor Louise Jones

 

The Senior Environment Officer introduced the report on the potential night-time closure of the entrances into the Dane John gardens which had been developed following a proposal to the Canterbury Forum by the St Mildreds Area Community Society (SMACS) to reduce anti-social behaviour in the gardens.

 

She advised that a number of suggestions had been taken on board regarding resident access to their properties within the gardens.

 

The Committee discussed the report and asked a number of questions.  The Senior Environment Officer and Director of Community Services gave points of clarification where necessary.

 

Points including the following were made:

  1. Anti-social behaviour was no different to criminal behaviour and it should be the responsibility of the police to act on this.
  2. SMACS had undertaken a consultation with residents and it was felt to be sufficient to undertake the trial without further consultation.
  3. Implementing the trial as soon as possible would be beneficial given the lighter evenings.
  4. It would be unlikely that the trial would be able to be implemented prior to the election in May due to Local Government Association guidance on the pre-election period.
  5. Concerns were raised regarding potential consequences of implementing the trial without undertaking a wider public consultation.
  6. Signage to educate the public on the preferred routes at night would be beneficial, however it would take time for a noticeable change to occur.
  7. There was general support for the views of the Canterbury Forum.
  8. Although a consultation with local residents had been undertaken by SMACS, a city wide consultation should be undertaken to provide substantial evidence before implementing a trial closure.
  9. If the committee were to resolve to implement the trial without prior public engagement, it would not necessarily be implemented any sooner than if the public engagement had been undertaken.

 

Options contained within the report were:

      i.        Not to undertake a trial.

     ii.        To undertake early public engagement before deciding whether to undertake a trial in line with the Canterbury Forum recommendation (subject to the approval of Kent County Council)

 

It was proposed, seconded and when put to a vote agreed that the six month trial would take place as soon as possible without early public engagement.

 

RESOLVED: That the six month trial closure of the Dane John garden entrances be undertaken as soon as possible and the trial will form the full consultation before a permanent solution would be considered at the end of the trial period.

 

Reason for decision: Closing some entrances from the city centre into the gardens at night could help to reduce some noise problems, particularly directly outside residential properties next to the path through the park.

 

Record of the voting:

 

For the proposal: Councillors B Baker, N Baker, Butcher, Clark, Glover and MacCaul (6)

 

Against the proposal: Councillors Howes, R Jones, I Stockley and R Thomas (4)

 

Abstained from voting: none

 

779.

Notice of Motion: Graffiti pdf icon PDF 126 KB

TO CONSIDER the report of the Head of Safer Neighborhoods.

Decision:

RESOLVED: That the Community Committee take forward the following measures to prevent graffiti:

 

      i.        Install cameras in graffiti hotspots so that taggers can be identified and prosecuted.

     ii.        Offer rewards of up to £500 for information which leads to the conviction of offenders.

    iii.        Write to relevant local retailers reminding them that it is an offence to sell spray paint to minors.

   iv.        Publicly confirm that the council will remove graffiti from private property.

    v.        Use the council’s best endeavours to remove graffiti.

   vi.        Write to the police and Crown Prosecution Service to urge them to take a robust approach to prosecuting offenders.

 

Reason for decision: Those aspects of the proposals made in the motion which can be implemented and are agreed will be helpful in this regard and will be adopted.

 

Resolution amended by Council on the 25 April 2019 to replace the word convicting with prosecuting.

Minutes:

The following member of the public spoke prior to the consideration of the item:

  • Councillor Michael Dixey

 

The Head of Safer Neighbourhoods introduced the report which detailed the motion put to Council regarding the request for increased measures to deal with graffiti and the council’s current responsibilities.

 

The motion requested that the following measures be enacted:

I.                Install hidden cameras in graffiti hotspots so that taggers can be identified and prosecuted.

II.                Offer rewards of £500 for information which leads to the conviction of taggers.

III.                Write to the relevant local retailers reminding them that it is an offence to sell spray paint to minors.

IV.                Publicly confirm that the council will remove graffiti from private property.

V.                Redouble efforts to remove graffiti across the district.

 

The Committee discussed the report and asked a number of questions.  The Head of Safer Neighbourhoods gave clarification where necessary.

 

Points including the following were raised:

  1. Committee members shared the frustrations regarding graffiti.
  2. Surveillance cameras could not be hidden without signage according to law.
  3. The main culprits of graffiti tend to be small groups who should be made an example of in court to prevent graffiti.
  4. The police need to do their part in tackling graffiti as the council could only do so much.
  5. Although swift removal could result in swift return of graffiti, however it sends a message to the culprits who may eventually stop.
  6. The report a graffiti incident page on the council’s website should be better publicised.
  7. The council should take action against private property owners such as banks and shops that did not remove within a suitable timeframe.
  8. The reward would be beneficial provided it was up to £500 and only awarded should the information lead to a conviction.
  9. The term graffiti should be clearly defined as there are also murals and art which could be lost.

 

It was proposed,seconded and when put to a vote agreed that the requests detailed within the motion should be amended with an additional request and taken forward.

 

RESOLVED: That the Community Committee take forward the following measures to prevent graffiti:

 

      i.        Install cameras in graffiti hotspots so that taggers can be identified and prosecuted.

     ii.        Offer rewards of up to £500 for information which leads to the conviction of offenders.

    iii.        Write to relevant local retailers reminding them that it is an offence to sell spray paint to minors.

   iv.        Publicly confirm that the council will remove graffiti from private property.

    v.        Use the council’s best endeavours to remove graffiti.

   vi.        Write to the police and Crown Prosecution Service to urge them to take a robust approach to prosecuting offenders.

 

Reason for decision: Those aspects of the proposals made in the motion which can be implemented and are agreed will be helpful in this regard and will be adopted.

 

Record of the voting:

 

For the proposal: Councillors B Baker, N Baker, Butcher, Clark, Glover, Howes, R Jones, MacCaul and I Stockly (9)

 

Against the proposal: none

 

Abstained from voting: Councillor R  ...  view the full minutes text for item 779.

780.

Issue of fly tipped waste on unadopted roads pdf icon PDF 72 KB

TO CONSIDER the report of the Strategic Contracts and Commissions Manager.

Decision:

RESOLVED: That where fly-tipped waste appears on unadopted roads, the council will use its best endeavours to remove and dispose of the waste on application from the litter liaison and enforcement Councillor for the relevant area of the district.

 

Reason for decision: Given that expanding our existing practices would involve additional budget and officer resource and there is no legal obligation requiring the Council to carry out clearances of fly-tipping on unadopted and private roads, however the council will use its best endeavours to remove and dispose of the waste accordingly.

 

Minutes:

The Strategic Contracts and Commissions Manager introduced the report which detailed the council’s current responsibilities with regards to fly-tipped waste on unadopted and private roads.

 

The Committee discussed the report and asked a number of questions.  The Strategic Contracts and Commissions Manager gave clarification where necessary.

 

Points including the following were raised:

  1. It was difficult to distinguish an unadopted road from an adopted road due to their similar appearance.
  2. With more residential developments being built with unadopted roads this was an increasing issue, however many new developments require their residents to pay for maintenance fees and developers or maintenance companies should be held responsible for the removal of fly-tipped waste.
  3. Anyone would be able to report fly-tipped waste on the council’s website, however the council’s ability to remove the waste would depend on a number of factors including whether Kent County Council would dispose of the waste.
  4. Each case of fly-tipping should be investigated individually to determine whether the city and county councils would be able to remove and dispose of the waste.
  5. Ward councillors would be able to work with the litter liaison councillors to help address fly-tipping issues and get enforcement officers to investigate the matter on a case by case basis.
  6. If a ward councillor requests the removal of fly-tipped waste on unadopted roads, it should be collected.
  7. Ward councillors have knowledge of their areas and should work jointly with officers and county councillors.

 

It was proposed, seconded and when put to a vote agreed that the council will use its best endeavours to remove and dispose of the waste from unadopted roads where possible.

 

RESOLVED: That where fly-tipped waste appears on unadopted roads, the council will use its best endeavours to remove and dispose of the waste on application from the litter liaison and enforcement councillor for the relevant area of the district.

 

Reason for decision: Given that expanding our existing practices would involve additional budget and officer resource and there is no legal obligation requiring the Council to carry out clearances of fly-tipping on unadopted and private roads, however the council will use its best endeavours to remove and dispose of the waste accordingly.

 

 

Record of the voting:

 

For the proposal: Councillors B Baker, N Baker, Butcher, Clark, Glover, Howes, R Jones, MacCaul, I Stockley and R Thomas (10)

 

Against the proposal: none

 

Abstained from voting: none

 

781.

Private Sector Housing Policy pdf icon PDF 93 KB

TO CONSIDER the report of the Head of Housing and Community.

Additional documents:

Minutes:

The Head of Housing and Community introduced the report which presented the final Private Sector Housing Policy following a period of consultation.

 

The report detailed how the policy was 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.

 

Councillors welcomed the report and asked for points of clarification where necessary. The Housing and Community Team were congratulated on their work over the last few years.

 

It was proposed, seconded and unanimously agreed that the Private Sector Housing Policy be recommended to the Policy and Resources Committee for adoption.

 

RECOMMENDED: (to the Policy and Resources Committee) That the Private Sector Housing Policy be adopted.

 

Reason for decision: The policy clearly sets out the council’s aims, priorities and operational approach. It seeks to ensure that the council meets legislative requirements and good practice guidance. It is recommended that the final policy is adopted to ensure the provision of an efficient, effective and legally compliant private sector housing service to the public.

 

Record of the voting:

 

For the proposal: Councillors B Baker, N Baker, Butcher, Clark, Glover, Howes, R Jones, MacCaul, I Stockley and R Thomas (10)

 

Against the proposal: none

 

Abstained from voting: none

 

782.

Draft Temporary Accommodation Policy 2018-2023 pdf icon PDF 87 KB

TO CONSIDER the report of the Head of Housing and Community.

Additional documents:

Minutes:

The Head of Housing and Community introduced the report which presented the final Temporary Accommodation Policy following a period of consultation.

 

The report detailed how the policy was 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.

 

Councillors welcomed the report and asked for points of clarification where necessary.

 

It was proposed, seconded and unanimously agreed that the Temporary Accommodation Policy be recommended to the Policy and Resources Committee for adoption.

 

RECOMMENDED: (to the Policy and Resources Committee) That the Temporary Accommodation Policy be adopted.

 

Reason for decision: The policy clearly sets out how the council will 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 that the council meets legislative requirements and that decisions are properly evidenced and robust. The end result being provision of an effective and legally compliant service to the public.

 

Record of the voting:

 

For the proposal: Councillors B Baker, N Baker, Butcher, Clark, Glover, Howes, R Jones, MacCaul, I Stockley and R Thomas (10)

 

Against the proposal: none

 

Abstained from voting: none

 

783.

Date of next meeting

7pm on Wednesday, 26 June 2019 (to be confirmed).

Minutes:

7pm Wednesday, 26 June 2019 in The Guildhall, St Peter’s Place, Canterbury, CT1 2DB, pending confirmation from the annual Council meeting in May 2019.

784.

Any other urgent business to be dealt with in public

Minutes:

There was no other urgent business to be dealt with in public.

785.

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.

786.

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