Agenda and minutes

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To sign as a correct record the minutes of the meeting held on 26 February 2020 (copy enclosed).

That the minutes of the meeting held on 26 February 2020 be signed as a correct record as soon as reasonably practical after the meeting.

To consider the suspension of Standing Order No.5 (Order of Business), to enable the order of business for this meeting to be altered.

Consideration was given to the suspension of Standing Order No. 5 (Standard Order of Business) in order to focus on only the most necessary business.

DECISION (unanimous):

that Standing Order No. 5 be suspended.

(Where a Councillor has a Disclosable Pecuniary Interest the Councillor must declare the interest and then leave the meeting without participating in any discussion or making a statement on the item, except where a Councillor is permitted to remain as a result of a grant of dispensation.)

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Question to: Portfolio Holder for Place, Councillor Gambba-Jones

Question from: Councillor Newton

Topic: Garden waste disposal

Councillor Newton advised that residents who joined the waiting list for a brown garden waste bin in February have still not received a bin.  Although Councillor Newton has advised residents that the Council are prioritising tasks due to COVID-19, which is the reason for the delay, will it be possible to provide a timescale for when they can join the scheme?

The individuals live in an area where the purple bag scheme is not applicable.   Under the circumstances, will it be possible for them to purchase the purple bags as a temporary alternative?

Councillor Gambba-Jones advised that new entries to the garden waste scheme were suspended due to COVID-19 priorities but this is currently under review.  Opportunities will be available to open more slots in the near future.  If the individuals are on the waiting list, they will shortly be invited to join the scheme.

Individuals are being encouraged to purchase paper sacks instead of the purple plastic bags.

To consider recommendations of the Cabinet in respect of:

a)    2019/20 Financial Report Quarter 3 - To provide information on the quarter 3 (to 31 December 2019) financial position of the Council (Cabinet minute 92/19) (Cabinet agenda item 8)

(report of the Cabinet enclosed).

Consideration was give to the recommendations of the Cabinet in respect of the 2019/20 Financial Report Quarter 3 which provided information on the quarter 3 (to 31 December 2019) financial position of the Council (Cabinet minute 92/19) (Cabinet agenda item 8).

The Portfolio Holder for Finance highlighted the following:

• That Councillor Alcock had raised a query at the Cabinet meeting and this had been addressed.
• That the General Fund overspend was due to additional Homelessness costs and reduced Planning Income.

Councillor Alcock reported that he had received an explanation but was not sure if other Members had been made aware.  He also questioned whether attendees at the Cabinet meeting were noted. The Portfolio Holder for Finance reported that attendees should have been noted and will be added if they have been omitted.

DECISION (unanimous):

1) That the General Fund and Housing Revenue Account Capital programme be approved as set out in tables 5 and 7 of the attached appendix.

2) That the Planning Fee income shortfall and additional Homelessness costs of £600k be funded from the Council Tax Reserve.

To consider emergency Governance measures in relation to (i) the determination of planning applications; (ii) the determination of taxi licensing applications; (iii) virtual meetings; (iv) the peacetime emergency delegation to the Chief Executive; and (v) vacation of office by failure to attend meetings (report of the Director of Strategy and Governance (Monitoring Officer) enclosed).

Consideration was given to the report of the Director of Strategy and Governance (Monitoring Officer) to consider emergency Governance measures in relation to (i) the determination of planning applications; (ii) the determination of taxi licensing applications; (iii) virtual meetings; (iv) the peacetime emergency delegation to the Chief Executive; and (v) vacation of office by failure to attend meetings.

The Director of Strategy and Governance highlighted the following areas:

• The proposed delegations supplement but do not replace existing committee powers.
• Where any member is unable to attend a meeting for a period of six months, such absence can only be authorised by the Council in advance of expiry of that period.
• In light of experience of the roll-call method of voting adopted during the meeting, the Executive Manager for Governance proposed that the Council might wish to delegate authority to him to make a further amendment to Standing Orders, enabling the Chairman to exercise discretion to allow voting by a show of hands or use of a voting system.

Councillor Alcock asked whether the officer delegations could be brought to an end early, should a return to physical meetings be possible within the next six months. The Executive Manager for Governance responded that the delegations would not prevent committees from exercising their usual powers, but that a further report could be presented to Council terminating the delegations early.

Councillor Alcock asked whether an applicant retains the right of appeal for non-determination of an application. The Executive Manager for Governance confirmed that this was the case – assuming that agreement could not be reached to extend the period for determination.

Councillor Alcock asked how any member request for determination by the Planning Committee would assessed and determined. The Executive Manager for Governance responded that the Chairman’s Panel would consider any application ‘called in’ for determination by the Committee. The Officer exercising delegated authority would be required to give significant weight to the view of the Panel before deciding whether to exercise his/her delegation. The application would likely be held back for committee but ultimately the decision lies with the officer.

Councillor Alcock asked how a request by the Chairman’s Panel to refer an application to Committee would be assessed and determined. The Executive Manager for Governance confirmed that the Panel can, of its own volition, suggest that an application is referred to Planning Committee for determination. Again, the officer concerned would have to give significant weight to the view of the Panel before deciding whether to exercise his/her delegated authority.

Councillor Alcock asked who would decide whether an application raises novel or contentious planning issues, and whether this would be restricted to the opinion of officers. The Executive Manager for Governance advised that this would be a matter for the officer. However, members do retain the right of call-in so if members felt there were particular material planning considerations which were potentially novel or contentious issues, they could call-in the application.

Councillor Walsh asked whether it would be considered prudent to  ...  view the full minutes text for item 8.

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