Agenda and minutes

Lewes District Council Full Council
Monday, 26th November, 2018 6.00 pm

Venue: Council Chamber at County Hall, St Annes Crescent, Lewes

Contact: Committee Services on 01273 471600 

Webcast: View the webcast

Items
No. Item

31.

Minutes of the previous meeting pdf icon PDF 97 KB

To confirm and sign the minutes of the meeting of the Council dated 16 July 2018.

Additional documents:

Minutes:

The minutes of the meeting held on 16 July 2018 were approved as a correct record and signed by the Chair.

32.

Apologies for absence

Additional documents:

Minutes:

Apologies for absence were reported from Councillors Enever, Loraine and Wallraven.

33.

Declarations of interest

Disclosure by councillors of personal interests in matters on the agenda, the nature of any interest and whether the councillor regards the interest as prejudicial under the terms of the Code of Conduct.

Additional documents:

Minutes:

Councillor Smith declared a personal interest in agenda item 10 (Lewes District Local Plan Part 2: Site allocations and development management policies) as he had an acquaintance who owned one of the sites referenced in the report. He remained in the room and voted on the decision.

 

Councillor Saunders declared a personal interest in agenda item 6 (questions from members of the public) as a trustee of the CTLA. He remained in the room whilst the item was considered.

34.

Announcements pdf icon PDF 151 KB

To receive any announcements from the Chair of the Council, Leader of the Council, Members of the Cabinet or the Chief Executive. A list of the Chair of the Council's engagements since the previous meeting is enclosed.

Additional documents:

Minutes:

(i) Chair of the Council’s engagements

 

The Council received a list of the Chair and Vice Chair of the Council’s engagements carried out since the meeting of the Council held on 16 July 2018.

 

(ii)  Chief Finance Officer and Deputy Chief Finance Officer

 

The Chair and the Council welcomed Homira Javadi, Chief Finance Officer and Gareth Robinson, Deputy Chief Finance Officer to their first meeting of the Council.

35.

Order of business

Additional documents:

Minutes:

Given that the majority of questions from members of the public were in relation to agenda item 10, the Chair agreed to consider agenda item 6 (Questions from members of the public) after agenda items 7 to 9.

36.

Recommendation from Scrutiny Committee pdf icon PDF 61 KB

To consider the recommendation from the meeting of the Scrutiny Committee held on 13 September 2018.

Additional documents:

Minutes:

The Chair of the Council moved, and Councillor Denis seconded the motion, that the recommendations of Scrutiny Committee on the 13 September 2018, relating to the scrutiny annual work programme 2018/19 be approved.

 

Resolved (Carried):

 

That the annual work programme, as set out at appendix A of the report be approved.

 

Reason for decision:

 

Decision is in accordance with scrutiny procedure rule 7.

 

37.

Questions from members of the public

To deal with questions which members of the public may wish to put to members of the Cabinet in accordance with Council Procedure Rule 11 (if any).

Additional documents:

Minutes:

The following questions were submitted by members of the public. Copies were circulated to all councillors at the meeting and made available to the public attending the meeting.

 

Questioner: Paula Woolven

 

Question One:  I would like to ask if the administration consider that CTLA meets the criteria set out in their policy statement and are therefore worthy of applying for grant funding, to support the residents and communities of the whole District?

 

Former Coalition Local Government Secretary, Eric Pickles, said when publishing his code of practice in 2011 “Transparency and openness must underpin every decision a council makes for its residents.”

 

The funding scheme was not open to all the strategic voluntary sector organisations in the District who meet the criteria listed in the policy on grants to voluntary organisations and Equality and Fairness Analysis and I am asking if this could be reconsidered.

 

Response by Councillor Nicholson: Thank you for the information you have provided to us with about CTLA Community Transport.  You obviously provide a highly active and valued service in the area and we are sorry to hear that you had been experiencing financial challenges.

 

The Council recognised and valued the significant contributions that the community and voluntary sector play in delivering services to our residents.

 

Despite the challenging financial times, the council had continued to prioritise the allocation of grants totalling £216,840 to organisations which play a core role in the local communities of the district.

 

It was not currently council policy to conduct an open bidding process for grants, as we feel the organisations we currently fund are those which most closely meet our objectives and complement council services.

 

This policy was periodically reviewed, and we may in future choose to take a different approach. However, we intend that our grant decisions this year (which we would be making in February 2019) would follow the current policy and practice.

 

When considering the giving of grants, the council must always be mindful whether it is the most appropriate public body to support a particular cause or activity.  It was clearly the County Council who was the lead agency for matters of public transport, under which we would consider community transport to fall. We also note that you had previously received funds from the NHS for providing services.

 

In these times of diminishing resources, we must focus our spending on those areas which were within our own jurisdiction, and not on services which are for others to fund.  It was unlikely, therefore, even if we should establish a grants application process, that funding of community transport would command a high priority.

 

Question Two: Could I please ask how much of the development levies charged on new housing and other properties was dedicated to supporting Community Transport in the District?  There were considerable developments approved and were currently being built where residents may not be able to access public transport through a variety of reasons including disability, poor mobility, isolation and many other access barriers and I would  ...  view the full minutes text for item 37.

38.

Lewes District Local Plan Part 2: Site Allocations and Development Management Policies pdf icon PDF 151 KB

Report of Director of Regeneration & Planning

Additional documents:

Minutes:

The Council considered the report of the Director of Regeneration and Planning regarding the representations received to the Pre-Submission Local Plan Part 2. Council approval was sought to formally submit the Local Plan Part 2 to the Secretary of State for examination.

 

Councillor Jones moved, and Councillor Merry seconded the motion that the recommendations contained in the report be approved.

 

The Leader of the Council, Councillor Smith and Cabinet member for Planning, Councillor Jones made a personal commitment to extend the consultation, detailed at resolutions two to four below, to all group leaders, on any minor modifications or editorial changes to the Plan that are made by the Director of Regeneration and Planning under delegated authority.

 

Councillors requested a named vote on the motion, in accordance with the council procedure rules.

 

For: Barnes, Bikson, Boorman, Catlin, Davy, Franklin, Gardiner, Giles, Harrison-Hicks, Jones, Linington, Maskell, Merry, Nicholson, Peterson, Sheppard, Smith, Turner (18)

 

Against: Amy, Botting, Carr, Chartier, Denis, Elliott, Gauntlett, Honeyman, Ient, Lambert, Murray, Neave, O’Keeffe, Osborne, Robertson, Rowell, Saunders (17)

 

Abstentions: Carter (1)

 

Resolved (By 18 votes to 17, with 1 abstention):

 

(1) To approve the submission of the Local Plan Part 2 to the Secretary of State under Regulation 22 of the Town & Country Planning (Local Planning) (England) Regulations for examination, along with the other submission documents required by the regulations as referred to in Paragraphs 7.2 and 7.3 of the report;

 

(2) To authorise the Director of Regeneration & Planning, in consultation with the Cabinet Member for Planning, to make minor editorial changes to the Local Plan Part 2 prior to submission to the Secretary of State;

 

(3) To authorise the Director of Regeneration & Planning, in consultation with the Cabinet Member for Planning, to prepare a schedule of minor modifications to the Local Plan Part 2 prior to submission to the Secretary of State;

 

(4) To authorise the Director of Regeneration and Planning, in consultation with the Cabinet Member for Planning, to respond to issues arising during the examination and to agree any further or revised minor modifications to the Local Plan Part 2 during the examination process;

 

(5) To approve and publish a revised Local Development Scheme with effect from 26 November 2018.

 

Reasons for decisions:

 

To ensure that the Local Plan Part 2 is progressed towards adoption in a timely manner, thereby supporting the implementation and delivery of the Local Plan Part 1: Joint Core Strategy through the allocation of additional development sites and up-to-date planning policies to assist in the determination of planning applications.

 

(N.B. Councillor Barnes withdrew for the remainder of the meeting following this item.)

39.

Lewes District Council Plan – 2018/19 refresh pdf icon PDF 93 KB

Report of Director of Regeneration and Planning

Additional documents:

Minutes:

The Council considered the report of the Director of Regeneration and Planning seeking approval for the further development and refinement of the Lewes District Council Plan as it moved into its third year.

 

The Leader of the Council, Councillor Smith moved, and Councillor Catlin seconded the motion that the recommendations contained in the report be approved.

 

Councillor Rowell moved, and Councillor Denis seconded, an amendment as follows:

 

“To approve the officer recommendations, subject to the removal of the final bullet point under the success criteria for Housing and Development (Southern part of Newhaven Port area made accessible to development).

 

The amended motion was put to the meeting and:

 

Resolved (Carried):

 

That the design changes and updates to the Council plan, appended to the report be approved, subject to the removal of the final bullet point under the “Measuring our success” criteria for Housing and Development.

 

Reasons for decision:

 

During the period of a four year Council Plan, adjustments and refinements may need to be made to respond to changed circumstances and emerging opportunities. In acknowledgement of this an annual review is a helpful way of ensuring that the Plan remained focused on delivery of the organisations overall strategic objectives.

40.

Standards - Appointment of independent persons pdf icon PDF 61 KB

Report of Monitoring Officer

Additional documents:

Minutes:

The Council considered the report of the Monitoring Officer to consider interim appointments of Independent Persons for Eastbourne Borough and Lewes District Councils to support the statutory standards regime.

 

The Chair of the Council moved, and Councillor Denis seconded the motion that the recommendations contained in the report be approved.

 

The motion was put to the meeting and:

 

Resolved (Carried):

 

(1) That Mr Neal Robinson and Mr Vic Kempner be confirmed as interim Independent Standards Persons across both Eastbourne Borough and Lewes District Councils until July 2019.

 

(2) That an updated recruitment be held in 2019 to confirm two appointments for the next 4 years with aligned job descriptions and remuneration packages across both Councils.

 

(3) That the specific remuneration of the Independent Persons appointed by the Councils be delegated to the Monitoring Officers.

 

Reasons for decision:

 

(1) To provide each Council with sufficient Independent Person cover.

 

(2) To align the terms, across both Councils, on which Independent Persons are engaged.

41.

Draft calendar of meetings 2019/20 pdf icon PDF 58 KB

To agree the proposed draft calendar of meetings for 2019/20.

 

Please note: (1) Following member consultation, the proposed number of Planning Application Committee meetings has remained at 17 for 2019/20 with no reduction. (2) The calendar will be subject to final approval at the annual meeting of the Council on 15 May 2019.

Additional documents:

Minutes:

The Chair of the Council moved, and Councillor Catlin seconded the motion that the draft calendar of meeting for 2019/20 be provisionally approved.

 

It was requested and agreed that the option of a fifth Council meeting be added to the final proposed calendar that would be considered by Council on 15 May 2019.

 

The motion was put to the meeting and:

 

Resolved (Carried):

 

That the draft calendar of meetings for 2019/20 be approved, subject to final ratification at the Council’s next annual meeting.

 

Reason for decision:

 

To facilitate the running of the Council’s business in the municipal year 2019/2020.

42.

Memberships

To note the appointments to the following committees, outside bodies and advisory boards:

 

·         Sussex Rural Community Centre (Action in Rural Sussex) - Councillor Linington replaces Councillor Nicholson

Additional documents:

Minutes:

The Council noted the following appointment to an outside body:

 

·         Sussex Rural Community Council (Action in Rural Sussex) – Councillor Linington replaced Councillor Nicholson

 

Resolved:

 

That the appointment be noted.

 

43.

Notices of motion pdf icon PDF 107 KB

To consider notices of motion which have been received.

Additional documents:

Minutes:

The Chair of the Council reported that notices of motion had been submitted under Council Procedure Rule 14.

 

1)    The Planning System – Tackling Climate Change – Proposed by Councillor Ient

 

Councillor Ient moved, and Councillor Osborne seconded, the notice of motion as follows:

 

“That from April 1st, 2019, all planning applications for the creation of new dwellings must be accompanied by a Compliance Statement to show how their development meets the requirements of Core Policies:

 

Core policy 9 – air-quality

Core policy 13 – sustainable travel

Core policy 14 – renewable and low carbon energy (a checklist has been developed to address Core Policy 14 and can be included within the Compliance Statement)

 

Further, applicants should be invited to submit an Exception Statement if they feel their application will not affect these Core Policies or is not relevant to these policies. The planning authority will then take both the compliance and exception statements into account when deciding upon the planning application”

 

The motion was put to the meeting and it was:

 

Resolved (Carried)

 

2)    Climate action – Proposed by Councillor Denis

 

Councillor Denis moved, and Councillor Ient seconded, the notice of motion as follows:

 

“In order to facilitate the most rapid change possible this council agrees to:

 

     Establish, within this term of Council, a cross-group task and finish group, with a remit to seek advice from experts; to consider systematically each area of the council’s activities; to make recommendations and propose challenging targets for mitigation and adaptation.

 

     Require all report risk assessments to include Carbon Emission Appraisals, including presenting alternative approaches which reduce emissions wherever possible.

 

     Task a director level officer with responsibility for reducing, as rapidly as possible, the carbon emissions resulting from the Councils activities.

 

     Call on the government to establish a National Climate Taskforce across ministries and to include the Local Government Association, and to require Councils to produce – and provide resources for – Climate Action Plans to cut emissions quickly.”

 

Councillors requested a named vote on the motion, in accordance with the council procedure rules.

 

For: Amy, Bikson, Boorman, Botting, Carr, Carter, Catlin, Chartier, Davy, Denis, Elliott, Franklin, Gardiner, Gauntlett, Giles, Harrison-Hicks, Honeyman, Ient, Jones, Lambert, Maskell, Merry, Murray, Neave, Nicholson, O’Keeffe, Osborne, Peterson, Robertson, Rowell, Saunders, Sheppard and Smith (33)

 

Against: Linington and Turner (2)

 

Resolved (Carried) (By 33 votes to 2)

 

3)    Air pollution – Proposed by Councillor Linington

 

Councillor Linington moved, and Councillor Davy seconded, the notice of motion as follows:

 

“(1) That the Council continues to engage with Head Teachers, school managers and governors  and erects signs within the vicinity of each infant, primary and secondary school within Lewes District requiring drivers to switch off their engines while waiting to pick up or drop off their children

 

(2) That an article on the subject is published in the DN Magazine in as early an edition as possible

 

(3) That the Council writes to the Secretary of State for Environment supporting  ...  view the full minutes text for item 43.

44.

Questions to the Leader of the Council

To deal with questions (if any) which councillors may wish to put to the Leader of the Council. It will be at the Leader’s discretion to re-direct questions to relevant Members of the Cabinet. A councillor wishing to raise a question must notify the Chair of the Council of the text of the question prior to the commencement of the meeting. (NB This item is limited to a maximum of 5 questions, with no more than 1 question being asked per councillor. If a question requires a detailed or technical response, the Leader may decide that a written response is more appropriate).

Additional documents:

Minutes:

Questioner

Question

Councillor Catlin

Is the Department for Work and Pensions investigating Lewes District Council?

 

 

Response

 

The Council is not being investigated. The DWP are aware that the team in Lewes have transitioned to a new way of working and are rolling out universal credit. The team are working on an improved plan which has seen an improvement in performance for quarter 3. Further design improvements have been carried out to continue the reduction in the number of days to process a claim including training for staff. The DWP are satisfied no customers have suffered financial hardship and will continue to monitor.

 

Questioner

Question

Councillor Honeyman

I understand that the air quality monitoring station in Newhaven is still out of action after 18 months. I'm sure you will appreciate that this is not a very satisfactory situation. I have spoken to the officers and they are urgently looking into matters. Please would you ask other departments such as property to give every assistance to environment health in overcoming any location problems so that this air monitoring station can come back into use on an urgent basis?

 

 

Response

 

 

I support what is being proposed.

 

Questioner

Question

Councillor Ient

Roll out of broadband to rural villages has been slow to say the least over the last 15 years. Despite government promises, rural villages are still not fully covered in our district. Southease villagers were told by East Sussex County Council that they would be included in a further tranche of broadband rollout but this appears not to be the case. This village has been waiting decades for broadband. It's unbelievable that in the UK, in a technically advanced society, we can't service a village in the crowded South East of England. Please would you write to the county council and ask them to get on and tackle the last few remaining villages including Southease?

 

 

Response

 

I support that we should write to East Sussex County Council.

 

Questioner

Question

Councillor Saunders

Agenda Item 7 from the cabinet report of 18th January this year refers to the grant funding of various organisations, as well as setting aside a figure of £30,000 for voluntary organisations to apply for, in order to mitigate the risks raised by the Universal Credit roll-out. It also refers to the regular quarterly meetings held with larger recipients and annual meeting with smaller recipients.

Could you please let me have details of the meetings that have been held with grant recipients since January, so that we can be advised of where the money has been spent and whether or not the £30,000 set aside for mitigation of the Universal Credit roll-out has been either applied for and/or given out to organisations requesting Grant Funding?

 

 

Response

 

 

Officers would forward the requested information.

 

 

45.

Reporting back on meetings of outside bodies pdf icon PDF 79 KB

To receive any reports from the Council's representatives who serve on outside bodies in respect of meetings they have attended.

Additional documents:

Minutes:

The Council considered the reports submitted by the Chair of the Council (3VA) and Councillor Catlin (GTR Stakeholder Forum).

 

Councillor Catlin advised the Council that the date of line closures referenced in his report was the 7-10March 2019.

 

Resolved:

 

That the written reports submitted, be received and noted.