Agenda and minutes

Venue: Council Chamber - Deanes. View directions

Contact: Democratic Services Team 

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Items
No. Item

70/19

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Reid, Sanders and Tomblin.

71/19

Declarations of interest

Minutes:

Councillor J Frankum declared that in relation to agenda item 14, the motion on the Barton Stacey Incinerator proposal, she was a member of the Hampshire County Council Regulatory Committee and advised she would leave the room during consideration of the item.

 

During the meeting at agenda item 15, Councillors Harvey and T Robinson declared a pecuniary interest and left the Chamber for consideration of the item.

 

72/19

Office of Mayor and Deputy Mayor for the Year

1)    In accordance with the ‘Method of Choosing a Mayor and Associated Matters’ protocol Members are advised that Councillor Onalee Cubitt is invited to stand for election as Mayor at the next Annual Meeting of Council for the next Municipal year.  This is in order that the Mayor-elect may have notice of her election.  Members are asked to show their support.

 

2)    The person next in seniority is elected Deputy Mayor at the Annual Meeting and Members are asked to note that Councillor Miller is the next senior Member who has indicated his willingness to take up the role.

 

Minutes:

Resolved:

1)    That Councillor Onalee Cubitt be invited to stand for election as Mayor at the next Annual Meeting for the 2020/21 Municipal Year.

2)    That Councillor Paul Miller be invited to stand for election as Deputy Mayor at the next Annual Meeting for the 2020/21 Municipal Year.

 

73/19

Minutes of the meeting held on 17 October 2019 pdf icon PDF 352 KB

The Chair will move that the minutes of the meeting be signed as a correct record. The only part of the minutes that can be discussed is their accuracy.

Minutes:

The minutes of the meeting held on 17 October 2019, were confirmed as an accurate record and signed by the Mayor.

 

With reference to Minute 165/19, Calendar of Meetings, Council noted that for the 2020/21 Municipal year, Audit and Accounts Committee and Human Resources Committee would commence at 6.30 pm unless otherwise agreed by the Chair.

 

Council also noted that the Development Control Meeting scheduled for 8 January 2020 had been re-scheduled to 21 January 2020.

 

 

74/19

Announcements

Minutes:

1)            The Mayor extended her condolences to the family of former Mayor George Hood and his wife Davina, following her attendance at their funeral.

 

2)            The Mayor announced that an Extraordinary meeting of Council would be held on 16 January 2020 to agree the allocation of seats to political groups.

 

75/19

Questions from members of the public

To receive and answer any questions from the public.

(Questions must be received in writing by Democratic Services no later than noon on Tuesday 17 December 2019)

 

Question 1

 

From:  Mr Gill

To:       Leader of the Council

 

It is a fundamental legal principle of the english system that not only does justice have to be done but that it has to be seen to be done. The council has recently determined that Councillors Harvey, M Westbrook and L James all breached the councillors code of conduct and should be censured. Why is the council not publicly publishing the decision letters against these three councillors when other such decisions have been published on the website?

 

Minutes:

The following questions were submitted by a member of the public.

 

Question 1

 

From:  Mr Gill

To:       Leader of the Council

 

It is a fundamental legal principle of the english system that not only does justice have to be done but that it has to be seen to be done. The council has recently determined that Councillors Harvey, M Westbrook and L James all breached the councillor’s code of conduct and should be censured. Why is the council not publicly publishing the decision letters against these three councillors when other such decisions have been published on the website?

 

Answer

 

The Council has adopted Arrangements for dealing with complaints against councillors. Whilst these Arrangements provide that complaint decision notices will be made available for public inspection and placed on the Council’s website, this is subject to the express proviso that no such inspection or publication will take place if the Monitoring Officer determines that the decision notices should remain confidential or if they contain exempt information. 

 

The Monitoring Officer has carefully considered this proviso and concluded that the decision notices contain exempt information which is likely to reveal the identity of an individual and therefore any publication of the decision notices would very likely involve a breach of data protection rights.

 

The Monitoring Officer has however ensured that the public interest in the transparency of the decision is met by making public and placing on the website instead, the letters of censure to the Councillors concerned detailing the nature of the breaches of the Code of Conduct.

 

Question 2 

 

From:  Mr Gill

To:      Cabinet Member for Communities, Culture and Partnerships

 

Will the portfolio holder state if all members of the council have attended an equalities course and what pro active steps the council is taking to make sure that where racism by councillors is suspected that it is tackled immediately and courageously.

 

Answer

 

This question asks me to state if all council members have attended an equalities course and what pro active steps the council is taking to make sure that where racism by councillors is suspected that it is tackled immediately and courageously.

The council takes its responsibilities under the Public Sector Equality Duty (within the Equality Act 2010) very seriously. Information outlining these responsibilities is included within the induction sessions for new members and supplemented by an e-learning training session which members are encouraged to complete. This is of course in addition to other training that members may have completed in their roles outside of the council.

 

The Code of Conduct for Councillors adopted by BDBC outlines, amongst many other things, the obligation for members to treat others with respect and not to do anything which may cause the Council to break any of the equality enactments (as defined in the Equality Act 2010). Any complaint received against a Councillor who is believed to have breached the Code of Conduct would be managed in line with the “Arrangements for dealing with complaints against Councillors” which is within the  ...  view the full minutes text for item 75/19

76/19

Petitions

To receive petitions.

(Notice of petitions must be received in writing by Democratic Services, no later than noon on Tuesday 17 December 2019)

Minutes:

No petitions were received.

77/19

Resignations and appointments pdf icon PDF 88 KB

a) to receive resignations from Committees and to make any necessary re-appointments

 

b) to receive resignations from Outside Bodies and to make any re-appointments and (ii) fill any existing vacancies.

 

Additional documents:

Minutes:

The Mayor explained that following the resignation of nine members of the Labour Group (Councillors Ashfield, Cousens, Harvey, L James, Phillimore, Potter, J Westbrook, M Westbrook, Wooldridge) and two members of the Independent Forum (Councillors Tilbury and Tomblin) and the creation of a new group, the Basingstoke and Deane Independent Group, comprising of those eleven councillors, a review of the allocation of seats to political groups was required.  An extraordinary meeting of Council would be held on 16 January 2020 to review the new allocation of seats to political groups.   Until the review, the allocation of seats to political groups remained unchanged and the councillors who had changed groups would need to relinquish their seats on committees. Therefore the following resignations and appointments to committees were agreed.

 

Resolved: That

 

1)            Councillors Cooper, Grant and McCormick replace Councillors L James, Phillimore and Harvey on the Economic, Planning and Housing Committee.

 

2)            Councillor Regan replace Councillor Wooldridge on the Community, Environment and Partnerships Committee.

 

3)            Councillor Reid resign from the Community, Environment and Partnerships Committee and Human Resources Committee.

 

4)            Councillors K Taylor, McCormick, Watts and P Frankum replace Councillors Cousens, Potter, Ashfield and Wooldridge on the Scrutiny Committee.

 

5)            Councillor Tilbury resign from the Scrutiny Committee.

 

6)            Councillor Freeman replace Councillor Harvey on the Manydown Overview Committee.

 

7)            Councillor Tomblin resign from the Manydown Overview Committee.

 

8)            Councillors Cooper, Grant, Watts and McCormick replace Councillors Potter, M Westbrook, Harvey, and J Westbrook on the Development Control Committee.

 

9)            Councillors Keating and Tomblin resign from the Development Control Committee.

 

10)         Councillor P Frankum replace Councillor Potter on the Human Resources Committee.

 

11)         Councillor N Robinson be appointed to the Audit and Accounts Committee.

 

12)         Councillors Grant, Jones and Regan replace Councillors J Westbrook, Potter and Harvey on the Audit and Accounts Committee.

 

13)         Councillors Cousens and Tilbury resign from the Standards Committee.

 

14)         Councillor P Frankum replace Councillor Cousens on the Investigating and Disciplinary Committee.

 

15)         Councillors Freeman, Keating, Regan and M Taylor replace Councillors Grant, Cooper, Wooldridge and M Westbrook as substitute members on the Economic, Planning and Housing Committee.

 

16)         Councillor Freeman replace Councillor Regan as a substitute member on the Community, Environment and Partnerships Committee.

 

17)         Councillor Tilbury resign as a substitute member on the Community, Environment and Partnerships Committee and Development Control Committee.

 

18)         Councillors Cooper, Freeman and Grant replace Councillors L James, Harvey and M Westbrook as substitute members on the Scrutiny Committee.

 

19)         Councillor Reid resign as a substitute member on the Scrutiny Committee and Manydown Overview Committee.

 

20)         Councillors Keating, Regan and J Frankum replace Councillors Potter, M Westbrook and Freeman as substitute members on the Manydown Overview Committee.

 

21)         Councillors Freeman and P Frankum replace Councillors Grant and Cooper as substitute members on the Development Control Committee.

 

22)         Councillors J Westbrook and Tomblin resign as substitute members of the Human Resources Committee.

 

23)         Councillor Phillimore resign as a substitute member of the Licensing Committee.

 

24)         Councillor M Westbrook resign as a substitute member of  ...  view the full minutes text for item 77/19

78/19

Adoption of the Wootton St Lawrence Neighbourhood Development Plan pdf icon PDF 398 KB

Recommendation from the Cabinet Meeting held on 12 November 2019

 

1)            That Council, under section 38A(4) of the Planning and Compulsory Purchase Act 2004, formally make the Wootton St Lawrence Neighbourhood Development Plan with immediate effect.

 

2)            That Council congratulates the local community and Neighbourhood Planning Group on their work to develop the Plan.

 

Additional documents:

Minutes:

The Cabinet Member for Planning, Infrastructure and Natural Environment moved the recommendation to ‘make’ the Plan and commended the Wootton St Lawrence Neighbourhood Planning Working Group for their hard work over a number of years to produce the Plan.

 

Resolved: That

 

1)            Under section 38A(4) of the Planning and Compulsory Purchase Act 2004, Council formally make the Wootton St Lawrence Neighbourhood Development Plan with immediate effect.

 

2)            The local community and Neighbourhood Planning Group be congratulated on their work to develop the Plan.

79/19

Treasury Management Monitoring Report Mid Year 2019/20 pdf icon PDF 981 KB

Report of the Executive Director of Finance and Resources

Minutes:

The Cabinet Member for Finance and Service Improvement introduced the report which provided details of the activity within the council’s treasury management function from 1 April 2019 to 30 September 2019 and also included forecasts for the year ending 31 March 2020.

 

Resolved:     The report be noted.

80/19

Council Tax Discretionary Discounts and Council Tax Support Scheme 2020/21 pdf icon PDF 259 KB

Report of the Executive Director of Finance and Resources

Minutes:

The Cabinet Member for Finance and Service Improvement introduced the report which set out proposals for discretionary aspects of Council Tax and sought approval for a Local Tax Support Scheme.  The Council Tax Support Scheme and level of Council Tax discounts remained unchanged with the exception of an increase from 100% to 200% for the premium charge for properties which had been empty for 5 years or over.

 

Resolved: To approve

 

1)            The Council Tax Support Scheme which is unchanged for 2020/2021.

 

2)            The care leavers council tax discount which is unchanged for 2020/2021.

 

3)            That council tax discretionary discounts are maintained at the 2019/20 levels for 2020/21 with the exception of long-term empty properties over 5 years; and

 

4)            The premium charge for properties that have remained empty for over five years is increased to 200%.

81/19

Appointment of Independent Persons and Independent Standards Assessors pdf icon PDF 155 KB

Report of the Monitoring Officer

Minutes:

The Mayor moved the recommendation to note the appointment of two Independent Persons and two co-opted Independent Standards Assessors to the Standards Committee, following the conclusion of a recruitment process.

 

Thanks were expressed to Mr Peter Moore OBE, former Chair of the Standards Committee, for his contribution and service to the council over the years.

 

Resolved:

 

1)            To note the appointment of Judith Curson and Rachel Childs as Independent Persons for the period of two years from the 2nd January 2020 with one two year period of extension if required.

 

2)            To note the appoint Camilla Proctor and Verity Murricane as Independent Standards Assessors for the period of two years from the 2nd January 2020 with one two year period of extension if required.

 

3)            To thank Peter Moore (former Chair of the Standards Committee) and Liz Morris for their service to the Council as Independent Standards Assessors and Chris Eele for his service as an Independent Person.

82/19

Standards Hearing Panel

Report of the Monitoring Officer

Additional documents:

Minutes:

The Mayor moved the recommendations in the report which concerned breaches in the Councillors Code of Conduct by Councillors Paul Harvey, Michael Westbrook and Laura James.

 

Resolved: That Council

 

1)            Note the findings of the Standards Hearing Panel.

 

2)            Note and accept the apology of Councillors Paul Harvey, Laura James and Michael Westbrook contained in appendix 2 of the report.

 

3)            Note and agree the amendment made to the constitution by the Monitoring Officer under article 13.3(b).

 

 

83/19

Notices of Motion - Barton Stacey Incinerator Proposal

Proposer:       Cllr Ian Tilbury

Seconder:      Cllr Chloe Ashfield

 

Wheelabrator Technologies a US based company intends to build a large incinerator at Barton Stacey. While the facility would be located just outside the Borough, pollution and the thousands of HGV’s required to transport waste and by products to and from the site will have a negative impact on the Borough and its residents particularly those in the Whitchurch and Overton area.

 

At a time when we are trying to reduce Carbon Dioxide emissions this facility will increase them directly through the incineration process and indirectly through transportation of waste and by products.

 

This Council does not support this proposal and therefore resolves to object if it proceeds to the next stage with the Planning Inspectorate.

 

Minutes:

Councillor J Frankum left the room for this item.

 

The following motion was moved by Councillor Tilbury and seconded by Councillor Ashfield.

 

Wheelabrator Technologies a US based company intends to build a large incinerator at Barton Stacey. While the facility would be located just outside the Borough, pollution and the thousands of HGV’s required to transport waste and by products to and from the site will have a negative impact on the Borough and its residents particularly those in the Whitchurch and Overton area.

 

At a time when we are trying to reduce Carbon Dioxide emissions this facility will increase them directly through the incineration process and indirectly through transportation of waste and by products.

 

This Council does not support this proposal and therefore resolves to object if it proceeds to the next stage with the Planning Inspectorate.

 

Councillor Tilbury proposed an amendment to the last paragraph of the motion to:

 

This council has serious concerns regarding this proposal and resolves to ensure that our residents are consulted on these proposals if it proceeds to the next stage with the planning inspectorate.

 

Council discussed the amended motion and made comments which included:

 

·         There had been a general lack of consultation on the proposal.

·         The proposal would conflict with a number of key priorities of the draft Council plan 2020-24.  For example the development would impact local communities and impact an area of outstanding natural beauty, loss of habitat would affect biodiversity and emissions from HGV’s would impact on residents air quality.

·         The site proposed for the incinerator is the wrong location as it is situated on a hill in open countryside on the edge of an area of outstanding natural beauty.

·         The incinerator would impact on the tourist economy, landscape and visual impact, culture and heritage and associated impact on quality of life.

·         Concerns were expressed regarding traffic pollution and the impact on the highway network as a result of lorry movements and staff driving to the facility.

·         There were concerns regarding the impact of water supply for the operation of the incinerator in an area of acute water stress.

·         The proposed site is situated in a water protection zone and therefore there is a planning presumption against development unless there are robust, mitigating measures planned with the Environment Agency.

·         There is a risk of contamination for surface streams which have high economic, habitat and environmental value.

·         There is a lack of local use for heat that the incinerator would generate.

·         There is a resistance to look at alternative sites which is unacceptable.

·         The Council should continue to support the parish councils and organisations that are working with the local communities.

·         The efforts of the Planning team was acknowledged.

·         There is no right location for such a facility. There is a need to reduce the generation of waste.  Incineration is a failure of dealing with waste.

·         The planning process must be used locally on important matters such as this application.

·         The proposal is not in the best interests, as currently  ...  view the full minutes text for item 83/19

84/19

Questions from Members of the Council on notice

From:  Councillor Kinnear

To:       Cabinet Member for Homes and Families: 

 

At this time of year, in the run up to Christmas, we are always mindful of those less fortunate than ourselves. Would the portfolio holder for Homes and Families please provide an update on the work to support homeless and rough sleepers in Basingstoke and Deane?

 

 

Minutes:

Question 1

 

From:  Councillor Kinnear

To:       Cabinet Member for Homes and Families:

 

At this time of year, in the run up to Christmas, we are always mindful of those less fortunate than ourselves. Would the portfolio holder for Homes and Families please provide an update on the work to support homeless and rough sleepers in Basingstoke and Deane?

 

Answer

 

Thank you for your question Councillor Kinnear.  There is a huge amount of work going on all year round but particularly at this time of year we are always mindful of those less fortunate than ourselves.

 

I am pleased to say that the winter night shelter is back for another consecutive year.  It is co-ordinated by the local faith-based community groups and led by Basingstoke Churches.  They opened for the first night on 1 December and the last night will be the 28 February 2020.  Through increased funding they have been able to open 7 nights a week covered at different church and community venues.  They have over 300 volunteers trained already to assist people coming into the shelter.  Every venue can take a maximum of 15 people but they are currently seeing 5 people each night at the moment and they are welcoming guests in for hot food, company and shelter for the night.   We as a council facilitate training, promote fundraising efforts and offer general support through the Social Inclusion Partnership as part of our collaborative approach.

 

The Camrose Day Centre is available 3 days a week, currently working on a 4th weekend opening in January, February and March, in Glebe Hall. There was a drop-in service dedicated to providing support and assistance to the homeless, vulnerably housed and socially isolated and there are links to the Outreach team and local support services to ensure joined up responses.  We as a council grant fund the Friday session specifically for people sleeping rough and the Camrose Centre are hugely valued members of the Social Inclusion Partnership.

 

There is also some work going on as part of the Ministry of Housing, Communities and Local Government Rough Sleeping Initiative.   There are Clinical Psychologists embedded within the support pathway helping people to get the support that they need.  We are trying to stop the repeat cycle of rough sleeping and sofa surfing taking each person as an individual, in particular the Making Every Adult Matter the MEAM approach.  By taking each person as an individual is incredibly valuable within that. 

 

We are also seeing BDBC commission support services so we have continued to use the devolved budget from Hampshire County Council to ensure that we commission 20 bed emergency access homeless hostel places in May Place House with Two Saints, we have got 19 purpose built bed spaces at Mary Rose Court with Homegroup, 26 homes in the community with low level support and far more with the Rough Sleeping Outreach Service with Julian House.

 

The Real Change Campaign over 3 years has now raised £55,000. The current campaign is for the Camrose  ...  view the full minutes text for item 84/19

85/19

Questions to the Chair of Cabinet and/or a committee

To receive questions from members in relation to the minutes of the meetings detailed below:

 

Committee

Meeting Date

Audit and Accounts

23 September 2019

Standards

07 October 2019

Cabinet

08 October 2019

Development Control

09 October 2019

Manydown Overview Committee

16 October 2019

Council

17 October 2019

Community, Environment and Partnerships

23 October 2019

Development Control

24 October 2019

Licensing

04 November 2019

Development Control

06 November 2019

Cabinet

12 November 2019

 

Minutes:

There were no questions.