Agenda and minutes

Council - Wednesday, 5th March, 2014 6.00 pm

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Items
No. Item

531.

Apologies

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillors T J Bartlett, P J Hawkins, G J Hood, G Lymer, K E Morris, A S Pollitt, J F Tranter and R S Walkden.

 

532.

Declarations of Interest

To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

 

Where a Member has a new or registered Disclosable Pecuniary Interest (DPI) in a matter under consideration they must disclose that they have an interest and, unless the Monitoring Officer has agreed in advance that the DPI is a 'Sensitive Interest', explain the nature of that interest at the meeting.  The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a DPI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation permitting them to do so.  If during the consideration of any item a Member becomes aware that they have a DPI in the matter they should declare the interest immediately and, subject to any dispensations, withdraw from the meeting.

 

Where a Member is declaring an Other Significant Interest (OSI) they must also disclose the interest and explain the nature of the interest at the meeting.  The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a OSI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation to do so or the meeting is one at which members of the public are permitted to speak for the purpose of making representations, answering questions or giving evidence relating to the matter.  In the latter case, the Member may only participate on the same basis as a member of the public and cannot participate in any discussion of, or vote taken on, the matter and must withdraw from the meeting in accordance with the Council's procedure rules.

 

Where a Member does not have either a Disclosable Pecuniary Interest (DPI) or Other Significant Interest (OSI) but is of the opinion that for transparency reasons alone s/he should make an announcement in respect of a matter under consideration, they can make a Voluntary Announcement of Other Interests (VAOI). A Member declaring a VAOI may still remain at the meeting and vote on the matter under consideration.

 

Note to the Code:

 

Situations in which a Member may wish to make a VAOI include membership of outside bodies that have made representations on agenda items; where a Member 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. It should be emphasised that an effect on the financial position of a Member, relative, close associate, employer, etc OR an application made by a Member, relative, close associate, employer, etc would both probably constitute either an OSI or in some cases a DPI.

Minutes:

There were no declarations of interest made by Members.

533.

Minutes pdf icon PDF 87 KB

To confirm the attached Minutes of the meeting held on 29 January 2014.

Minutes:

The Minutes of the meeting held on 29 January 2014 were approved as a correct record and signed by the Chairman.

534.

Announcements

To receive any announcements from the Chairman, Leader, Members of the Cabinet or Head of Paid Service.

Minutes:

The Chairman made the following announcements:

 

(a)          That Council staff be thanked for their hard work during the recent flood emergency to help local communities.

 

(b)          That a ‘Fly a Flag for the Commonwealth’ event would take place on 10 March 2014, during which the Chief Executive would raise a flag in celebration of the Commonwealth.   

535.

Leader's Time

To receive an oral report at the meeting from the Leader (and Cabinet) on the business of the Executive or on any topic or subject that it is felt should be brought to the attention of the Council.

 

(Up to fifteen minutes is allowed for the Report of the Leader (and Cabinet), up to ten minutes is allowed for the Leader of the Major Opposition Group (or his nominee) to respond, up to five minutes is allowed for the Leader of any other Opposition Group (or his nominee) to respond.  The Leader is allowed up to five minutes as a Right of Reply or 25% of the time given to the Opposition Group Leaders, whichever is the greatest.)

Minutes:

The Leader of the Council, Councillor Paul Watkins, included the following matters in his report: 

 

(a)        Recent flooding had affected at least 30 properties in several areas of the District.  It was estimated that, working with partner agencies, Council staff had managed to save 16 properties as a result of their efforts to assist homeowners in protecting properties.  It was possible that performance in other areas might be affected by staff resources having been diverted to the flooding emergency. Work would continue over the coming weeks to administer financial help to householders affected.

 

(b)        The Council was one of only 10 successful bidders, out of 128 who submitted entries, to receive funding of £100,000 as part of a central government initiative to assist bidders in better managing their heritage assets.  The funding would be used to set up a trust in order to access further funding for the District’s heritage assets.

 

(c)        There were radical changes planned for the delivery of healthcare through the Better Care Fund.  Kent was taking part in a pilot project to develop an integrated scheme involving social and mental health services where funds would be diverted back into the community in order to enable patients to be discharged from hospital earlier in order to receive care at home which would be better coordinated and managed.  Initial proposals would be submitted to Government by the end of March, with delivery starting in 2015.

 

(d)        There was likely to be a reduction in Government funding for transport projects.   Loans for such projects were currently on hold, but those which could potentially be affected included the Waterfront Development at Dover, Middle Deal Road/Albert Road/Minter’s Yard access, and changes to the Duke of York’s roundabout.  In relation to Connaught Barracks, it was likely that the Homes and Communities Agency would transfer the historic Fort Burgoyne element to a special trust.   Consultation on the first phase of development of the officers’ mess site had started.  

 

(e)        In relation to other regeneration matters, 73 companies were now based at Sandwich Discovery Park, employing around 1,500 people.  The electrification of the High Speed rail line from Ashford to Canterbury was on schedule with Government funding allocated.   A new apprenticeship scheme at the East Kent Light Railway was bearing fruit, with rail industry jobs guaranteed for apprentices on completion. 

 

(f)         The former P & O computer site at Fanum House was due for demolition in the week beginning 10 March.  

 

(g)        East Kent College had taken over K College in Dover and Folkestone.   A meeting had taken place with the principal who was also an educational representative on the South East Local Enterprise Partnership.  Hadlow College had taken over K College at Ashford.

 

The Opposition Group Leader, Councillor M R Eddy, responded by referring to: 

 

(a)        Praise for Council staff and their efforts during the flooding and recognised that performance might be affected in other areas as a consequence.  Canute Road, Deal had been badly affected due to the inadequacy of soakaways.

 

(b)  ...  view the full minutes text for item 535.

536.

Seat Allocation and Group Appointments

To receive from Group Leaders any changes to seat allocations or appointments.

 

(Note:  Any changes must be within the approved allocation of seats to political groups in accordance with the political balance rules (where applicable).)

Minutes:

No changes were made to the existing allocations and appointments.

 

537.

Council Budget 2014/15 and Medium Term Financial Plan 2014/15 - 2016/17 pdf icon PDF 69 KB

The Cabinet at its meetings on 3 February 2014 and 3 March 2014 and the Scrutiny (Policy and Performance) Committee at its meeting on 11 February 2014 considered the report of the Director of Finance, Housing and Community (circulated separately) upon the Council Budget 2014/15 and Medium Term Financial Plan 2014/15 – 2016/17.  The following is recommended to Council:

 

            Cabinet - 3 March 2014

 

            The recommendations of Cabinet will be circulated at the meeting

 

            Scrutiny (Policy and Performance) Committee – 11 February 2014

 

            The recommendations of the Scrutiny (Policy and Performance) Committee will be circulated at the meeting.

 

            Cabinet – 3 February 2014

 

            It was agreed:

 

(a)        That the General Fund Revenue Budget, the Capital and Special Projects Programmes, the Housing Revenue Account budget and the content of the Medium-Term Financial Plan (MTFP) be forwarded to the Scrutiny (Policy and Performance) Committee for consideration.

 

(b)        That it be noted that the MTFP will be subject to the addition of the Council Tax Resolution, Treasury Management Strategy and other minor adjustments before being presented to Council in March.

Additional documents:

Minutes:

The Council considered the report of the Director of Finance, Housing and Community.

 

Members also considered Cabinet decisions CAB 102 and 121 of 3 February and 3 March 2014 respectively, and the recommendations of the Scrutiny (Policy and Performance) Committee of 11 February 2014 (Minute No 487).

 

It was moved by Councillor M D Conolly, duly seconded and

 

RESOLVED:  (a)   That the General Fund Revenue Budget, the Capital and Special Projects Programmes, the Housing Revenue Account Budget, the Council Tax Resolution and the content of the Medium-Term Financial Plan be approved.

 

                        (b)   That it be noted that it is the view of the Director of Finance, Housing and Community that the budget has been prepared in an appropriate and prudent manner and that, based upon the information available, the budgets are robust and the estimated General Fund and Housing Revenue Account balances and reserves are considered adequate for the Council’s current spending plans;

 

                         (c)  That, in setting the Budget for 2014/15, the grants to other organisations as determined by Cabinet and set out at Annex 11 of the report be released.

 

                         (d) That the various recommendations at the end of the sections within the Budget and Medium-Term Financial Plan, and summarised at Annex 14 to Appendix 1 of the report, be approved, as follows:

 

(i)          Approve the General Fund Revenue Budget for 2014/15 and the projected outturn for 2013/14.                                                                     

(ii)         Approve the policies and protocols regarding the General Fund balances and earmarked reserves, and transfers between reserves as set out in Annex 6 of the report.

(iii)        Approve the 2013/14 projected outturn and the 2014/15 Housing Revenue Account budget at Annex 7 of the report.

(iv)       Approve the Capital and Special Projects programmes.

(v)        Approve that capital resources required to finance new projects are secured before new projects commence.

(vi)       Approve that retained poolable housing capital receipts are used to fund capital allowances on Regeneration and Decent Homes agendas.

(vii)      Approve the Treasury Management Strategy, including the Prudential Indicators and Minimum Revenue Provision statement.

(viii)       Approve the Council Tax Resolution as set out at Annex 10A of the report.

(ix)       Note that, if the formal Council Tax Resolution at Annex 10A is approved, the total Band D Council Tax will be as set out at Annex 14 of the report.

 

538.

Planning Appeal - Award of Costs pdf icon PDF 62 KB

The Cabinet at its meeting on 3 March 2014 considered the attached report of the Chief Executive  upon the Planning Appeal – Award of Costs. 

 

The recommendations of Cabinet will be circulated at the meeting.

Additional documents:

Minutes:

Council considered the report of the Chief Executive on Planning Appeals – Award of Costs which had been presented to Cabinet at its meeting held on 3 March 2014. 

 

It was moved by Councillor N S Kenton and duly seconded

 

(a)       That the release of £8,010 from General Fund Balances to meet the costs award for application 12/500 be approved.

 

(b)       That the release of up to £28,822 from the General Fund Balances to meet the costs award for application 12/311 be approved.

 

It was moved as an AMENDMENT by Councillor B Gardner and duly seconded that an additional recommendation be added as follows:

 

(c)   That this Council writes to the Minister for Communities and Local Government to inform him of the financial consequences of current Government policy and the impact that this is having on local decision-making and on local residents.

 

On being put to the vote the amendment was CARRIED.

 

On being put to the meeting, the substantive Motion was CARRIED.

 

RESOLVED:   (a)    That the release of £8,010 from General Fund Balances to meet the costs award for application 12/500 be approved.

 

                         (b)    That the release of up to £28,822 from the General Fund Balances to meet the costs award for application 12/311 be approved.       

 

                         (c)    That this Council writes to the Minister for Communities and Local Government to inform him of the financial consequences of current Government policy and the impact that this is having on local decision-making and on local residents. 

539.

Parking and Traffic Regulations Outside London (PATROL) - Authority to enter into Agreement and Appointment of a Member pdf icon PDF 68 KB

The Cabinet at its meeting on 3 March 2014 considered the attached report of the Director of Environment and Corporate Assets upon the Parking and Traffic Regulations Outside London (PATROL) – Authority to enter into Agreement and Appointment of a Member.  

 

The recommendations of Cabinet will be circulated at the meeting.

Additional documents:

Minutes:

The Council considered the report of the Director of Environment and Corporate Assets which had been presented to Cabinet at its meeting held on 3 March 2014.

 

It was moved by Councillor N J Collor, duly seconded and

 

RESOLVED:  That Councillor N J Collor be appointed to serve on the PATROL Adjudication Joint Committee and Councillor T A Bond to act as substitute member.  The term of office of the appointed Members to be until the appointment is terminated by the Council or until the Members become disqualified from acting the terms of the Joint Committee arrangements, whichever shall be the earlier.

540.

Pay Policy Statement 2014/15 pdf icon PDF 62 KB

To consider the attached report of the Director of Governance.

 

Additional documents:

Minutes:

It was moved by Councillor F J W Scales, duly seconded and

 

RESOLVED:  That the Pay Policy Statement for 2014/15, as set out at Appendix 1 of the report, be approved for publication on the Council’s website.

 

541.

Provisional Programme of Meetings 2014/15 pdf icon PDF 59 KB

To consider the attached report of the Director of Governance.

Additional documents:

Minutes:

It was moved by Councillor F J W Scales, duly seconded and

 

RESOLVED:  That the Programme of Ordinary Meetings for 2014/15 be approved in principle, subject to final ratification at the Annual Meeting of Council.

 

542.

Questions from Members

Up to 60 minutes is allowed for this part of the meeting unless extended by the Chairman of Council on a motion moved, duly seconded and approved by the Council.  Members may ask one supplementary question in addition to their original question.

 

(a)        To Chairmen/Vice-Chairmen of Committees

 

            To receive answers in respect of questions from Members of the Council to the Chairman or Vice-Chairman of the Council or the Chairman of any Committee or Sub-Committee asked in accordance with Rule 12 of the Council Procedure Rules.

 

            (1)        Councillor B Gardner will ask the Chairman of the Planning Committee:

 

                        Now that Kent Highways have clearly stated that they regard it as their purpose to promote development, how does the Chairman of the Planning Committee think that the people of Middle Deal and Sholden will understand the reasons why the Minters Yard applications and both of the Sholden Housing applications were so favourable to development?

 

            (2)        Councillor A S Pollitt will ask the Chairman of the Planning Committee:

 

                        Given the recent severe weather, what measures does the Chair of Planning propose to introduce other than minimum 'green' standards as a requirement to ensure more sustainable and ecologically friendly house building in the Dover District?

 

(b)        To the Executive

 

            To receive answers in respect of questions from Members of the Council to a Member of the Executive asked in accordance with Rule 12 of the Council Procedure Rules.

 

            (3)        Councillor P Walker will ask the Leader of the Council:

 

                        Given the progress that has been made in securing planning consent, commercial interest and the publication of the Compulsory Purchase Orders for the St James town centre development, could the Leader and Portfolio Holder for Regeneration advise on the next steps and the timescales for the likely delivery of the scheme?

 

            (4)        Councillor P Walker will ask the Portfolio Holder for Environment, Waste and Planning:

 

                        What action has the Portfolio Holder for the Environment, Waste & Planning taken to determine whether changes have taken place before necessary planning permission has been obtained at the Lydden Racing Circuit and what action will he take if it is shown that material changes have taken place without necessary permissions?

 

            (5)        Councillor P M Brivio will ask the Portfolio Holder for Housing, Children's Services and Safeguarding, Youth and Community Safety:

 

                        Can the Portfolio Holder for Community, Housing etc advise members whether the budget for discretionary housing benefit to assist those affected by the bedroom tax is likely to be oversubscribed this financial year and how many Dover District tenants have been unlawfully charged or obliged to move due to the bedroom tax provisions?

 

            (6)        Councillor R J Thompson will ask the Portfolio Holder for Housing, Children's Services and Safeguarding, Youth and Community Safety:

 

                        According to the minutes (item 7) of the Youth Advisory Group meeting held on 16 January 2014, Dover District Council is providing financial support to the new build Youth Centre in Deal, what financial assistance will this Council be giving to the people of Aylesham and  ...  view the full agenda text for item 542.

Minutes:

In accordance with Rule 12(1) of the Council Procedure Rules, Chairmen of Committees responded to the following questions:

 

(1)        Councillor B Gardner asked the Chairman of the Planning Committee, Councillor F J W Scales, how, now that Kent Highways have clearly stated that they regard it as their purpose to promote development, does he think that the people of Middle Deal and Sholden will understand the reasons why the Minter’s Yard applications and both of the Sholden housing applications were so favourable to development.

 

(2)        In the absence of Councillor A S Pollitt, the Chairman of the Council advised that a written response would be sent to him in respect of the following question:

 

           “Given the recent severe weather, what measures does the Chair of Planning propose to introduce other than minimum 'green' standards as a requirement to ensure more sustainable and ecologically friendly house building in the Dover District?”

                        

In accordance with Rule 12(1) of the Council Procedure Rules, Members of the Cabinet responded to the following questions:

 

(1)        Councillor P Walker asked the Leader of the Council, Councillor P A Watkins, if, given the progress that had been made in securing planning consent, commercial interest and the publication of the Compulsory Purchase Orders for the St James’s town centre development, he and the Portfolio Holder for Regeneration could advise on the next steps and the timescales for the likely delivery of the scheme.  

 

(2)        Councillor P Walker asked the Portfolio Holder for Environment, Waste and Planning, Councillor N S Kenton, what action he had taken to determine whether changes had taken place before necessary planning permission had been obtained at the Lydden Racing Circuit and what action would he take if it was shown that material changes have taken place without necessary permissions.

 

(3)        Councillor P M Brivio asked the Portfolio Holder for Housing, Children’s Services and Safeguarding, Youth and Community Safety, Councillor S S Chandler, to advise Members whether the budget for discretionary housing benefit to assist those affected by the bedroom tax was likely to be oversubscribed this financial year and how many Dover District tenants had been unlawfully charged or obliged to move due to the bedroom tax provisions.

 

(4)        Councillor R J Thompson asked the Portfolio Holder for Housing, Children’s Services and Safeguarding, Youth and Community Safety, Councillor S S Chandler, that, according to  the minutes (Item 7) of the Youth Advisory Group meeting held on 16 January 2014, Dover District Council was providing financial support to the new build Youth Centre in Deal, therefore what financial assistance would this Council be giving to the people of Aylesham and their representative bodies to enable them to acquire the Aylesham Youth Centre which would otherwise be disposed of by Kent County Council.

 

(5)        Councillor M R Eddy asked the Portfolio Holder for Health, Wellbeing and Public Protection, Councillor P G Heath, to comment on the impact of the intervention by Mr Charles Elphicke which resulted in a considerable delay in building a new hospital in  ...  view the full minutes text for item 542.

543.

Motions

In accordance with Council Procedure Rule 13, Councillor M R Eddy will move:

 

            This Council, while welcoming the Environment Agency's investment in marine flood protection measures at Sandwich and Deal, calls upon:

 

1.         The government to take action to combat flooding in inland flood risk areas of our district, such as East Studdal and the Alkham Valley;

 

2.         The government to put ideology aside and seek appropriate assistance from the European Union for what is a widespread weather phenomenon;

 

3.         Kent County Council to maintain, and renew as appropriate, highways drainage;

 

4.         The privatised water companies to use their profits to improve their mains drainage systems to accommodate the water flows generated by increasingly common severe weather events.

 

            For its part, this Council will also carry out a survey of all the drains and drainage gullies on car parks owned and managed by the Council and/or East Kent Housing and will produce a plan to replace impermeable surfacing with permeable surfaces.

Minutes:

In accordance with Council Procedure Rule 13, Councillor M R Eddy gave notice of his intention to move the following Motion:

 

‘This Council, while welcoming the Environment Agency’s investment in marine flood protection measures at Sandwich and Deal, calls upon:

 

1.      The government to take action to combat flooding in inland flood risk areas of our district, such as East Studdal and the Alkham Valley;

 

2.      The government to put ideology aside and seek appropriate assistance from the European Union for what is a widespread weather phenomenon;

 

3.      Kent County Council to maintain, and renew as appropriate, highways drainage;

 

4.      The privatised water companies to use their profits to improve their mains drainage systems to accommodate the water flows generated by increasingly common severe weather events.

 

For its part, this Council will also carry out a survey of all the drains and drainage gullies on car parks owned and managed by the Council and/or East Kent Housing and will produce a plan to replace impermeable surfacing with permeable surfaces.’

 

The Motion was duly seconded.

 

It was moved by Councillor P A Watkins, and duly seconded, that the Motion be AMENDED as follows:

 

‘This Council, while welcoming the Environment Agency’s investment in marine flood protection measures at Sandwich and Deal, calls upon:

 

1.         The government to take action to combat, where possible, flooding in inland flood risk areas of our district, such as East Studdal and the Alkham Valley.

 

2.         The government to seek appropriate assistance from the European Union for what is a widespread weather phenomenon;

 

3.         Kent County Council to maintain, and renew as appropriate, highways drainage;

 

4.         The privatised water companies to use their profits to improve their mains drainage systems to accommodate the water flows generated by increasingly common severe weather events.

 

For its part, this Council will also carry out a review of all the drains and drainage gullies on car parks owned and managed by the Council and/or East Kent Housing and will produce a report to replace impermeable surfacing with permeable surfaces.’

 

Councillor M R Eddy, with the consent of his seconder, accepted Councillor P A Watkins’s proposals within his original Motion.

 

On being put to the meeting, the Motion was CARRIED.

 

RESOLVED:     That this Council, while welcoming the Environment Agency’s investment in marine flood protection measures at Sandwich and Deal, calls upon:

 

1.      The government to take action to combat, where possible, flooding in inland flood risk areas of our district, such as East Studdal and the Alkham Valley.

 

2.      The government to seek appropriate assistance from the European Union for what is a widespread weather phenomenon;

 

3.      Kent County Council to maintain, and renew as appropriate, highways drainage;

 

4.      The privatised water companies to use their profits to improve their mains drainage systems to accommodate the water flows generated by increasingly common severe weather events.

 

For its part, this Council will also carry out a review of all the drains and drainage gullies on car parks owned and managed by the  ...  view the full minutes text for item 543.

544.

Urgent Business Time

To consider any other items deemed by the Chairman of the Council to be urgent in accordance with the Local Government Act 1972.

Minutes:

There was no urgent business to transact.