Agenda and minutes

Council
Wednesday, 25th January, 2017 6.00 pm

  • How to watch remote meetings of the Council
  • Venue: Council Chamber - Council Offices. View directions

    Contact: Rebecca Brough  Team Leader - Democratic Support

    Items
    No. Item

    56.

    Apologies

    To receive any apologies for absence.

    Minutes:

    Apologies for absence were received from Councillors B Glayzer, S Hill, N S Kenton, P S Le Chevalier, S M Le Chevalier and A F Richardson.

    57.

    Minutes pdf icon PDF 75 KB

    To confirm the attached Minutes of the meeting held on 30 November 2016.

    Minutes:

    In respect of Minute No. 45(3) Councillor B Gardner requested that an amendment be made to the Minutes of the meeting held on 30 November 2016 to include Councillor F J W Scales’ point of personal clarification in respect of the Dover Soup Kitchen.

     

    The Minutes of the meeting held on 30 November 2016 were approved, subject to the inclusion of the point of personal clarification at Minute No. 45(3), as a correct record and signed by the Chairman.

     

    58.

    Declarations of Interest pdf icon PDF 37 KB

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

    Minutes:

    There were no declarations of interest made by Members.

    59.

    Announcements

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

    Minutes:

    The Leader of the Council, Councillor P A Watkins, made the following announcement:

     

    (a)  East Kent Councils Merger

     

    Members were advised that the business case for the merger of five East Kent authorities (Ashford Borough Council, Canterbury City Council, Dover District Council, Shepway District Council and Thanet District Council) had been published today and a press launch had been held prior to the Council meeting with all the respective Council Leaders in attendance. A copy of the business case would be circulated to all Members.

     

    Four of the five authorities had agreed to precede with the merger plans while the fifth authority, Ashford Borough Council, had decided not to proceed with the merger as the economic case did not suit it.

     

    The Council’s staff had been briefed earlier that day.

     

    The merger plans did not include proposals for an East Kent unitary authority as this was not an option at this time.

     

    The Council currently shared services with neighbouring authorities through East Kent Services and East Kent Housing and the proposals for a new East Kent District Council would be co-terminus with police, health and education areas. Although it was not in the business case, there was a need to identify which powers could be devolved to the new authority and in turn what powers it could devolve to the parish councils.

     

    The business case and public engagement plans would be considered by each of the four councils. For Dover District Council this would see a report going to Cabinet and Scrutiny before being considered at an Extraordinary Council meeting to be held on 22 March 2017 to approve public engagement on the merger. A final decision on whether to proceed with the merger of the four councils would be made at a meeting of the full Council in July 2017.

     

    Due to the unprecedented nature of the announcement, the Chairman took the decision to permit the main opposition leader, Councillor M R Eddy, to respond to the Leader of the Council.

     

    Councillor M R Eddy expressed a cautious welcome for the publication of the business case and the opportunity to study it. He questioned what services the new council would be delivering and emphasised that the business case had to demonstrate that the merger would work for all members’ constituents. 

     

    (b)  Councillor M Philpott and former Director of Law, Property and Administration Mrs L Cumberland

     

    The Leader informed members of the sad news of the death of the husband of former district Councillor M Philpott and the death of the husband of former Director of Law, Property and Administration, Ms L Cumberland.

     

    The Chairman of the Council, Councillor S S Chandler, made the following announcements:

     

    (a)  Aylesham Ward By-Election

     

    To welcome Councillor G Cowan back to the Council following his successful election to the Council in the Aylesham Ward by-election.

     

    (b)  Death of former Councillor Arthur Clay

     

    To announce the sad news of the death of former district Councillor Arthur Clay who had served on the Council from 1987-1991.  ...  view the full minutes text for item 59.

    60.

    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.

     

    In accordance with Council Procedure Rule 10 (Leader’s Time):

     

    (a)  The Leader (and Cabinet) shall have up to 15 minutes to make within this report any statements that they wish on any topic or subject that they feel should be drawn to the attention of the Council.

    (b)  The Leader (or their nominee) of the Major Opposition Group (Labour Group) shall be allowed up to 10 minutes to respond.

    (c)  The Leader (or their nominee) of the Other Opposition Group (UKIP Group) shall be allowed up to 5 minutes to respond. 

    (d)  The Leader of the Council shall be allowed up to 5 minutes to exercise 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 P A Watkins, included the following matters in his report:

     

    (a)  The on-going discussions on the potential merger of the four East Kent Councils.

     

    (b)  That the Portfolio Holder for Access and Licensing, Councillor N J Collor, and the Portfolio Holder for Environment, Waste and Planning, Councillor N S Kenton had met with the Local Government Association (LGA) in respect of the Motion agreed by Council in respect of litter on the A2. The LGA had agreed to take up the Council’s case with the Government that the Highways Agency should be responsible for cost of clearing litter from the road and verges of the A2.

     

    (c)  That Councillor N S Kenton had met with the local Member of Parliament (MP) to discuss the future of the former removal centre at Dover Western Heights. Due to the nature of the site it could not be disposed of in the normal way and instead would be considered as part of the Western Heights Masterplan.

     

    (d)  The Kent and Medway Economic Partnership had discussed the siting for the 3rd Thames Crossing and the preferred route was supported by all but one MP in Kent. In respect of the HS1 route there were problems for passengers getting a seat on the train after the Ashford stop and solutions such as increasing the frequency of trains and the amount of rolling stock were discussed. The one hour journey time from Dover to London would be achieved by removing a stop in Folkestone on 1 of the 2 HS1 trains from Dover each hour.

     

    (e)  That Hadlow College at Betteshanger had passed the first round of the ECIF grant bidding process.

     

    (f)   That 2/3 of the work at the St James’ site had been completed and the cinema structure was now going up. The piling rigs had left the site after completing 750 piles to a depth of 22 metres and the new electricity sub-station had been connected.

     

    (g)  That work was on-going in respect of the master planning for the area from Dover Western Docks to the Town Hall. The works on the A20 were expected to complete within the next couple of weeks.

     

    (h)  That TAP variable speed limit works would now conclude in June 2017 not March 2017 as originally planned due to a redesign of the signage following objections from environmental groups.

     

    The Leader of the Main Opposition Labour Group, Councillor M R Eddy, included the following matters in his report:

     

    (a)  To welcome the news that the LGA supported the Council in respect of making Highways England pay for the clearing of waste from the road and verge of the A2.

     

    (b)  To welcome the news of the sensitive handling of Dover Western Heights site and the progress of the St James’ site.

     

    (c)  To express concerns that needed road improvements would be delayed as a result of the objections by one of the Kent MPs to the preferred 3rd Thames Crossing  ...  view the full minutes text for item 60.

    61.

    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:

    There were no changes.

    62.

    Questions from the Public

    To receive answers in respect of questions from the public to Members of the Executive asked in accordance with Rule 11 of the Council Procedure Rules.

     

    (a)  Questions will be asked in the order in which notice of them was received, except that the Chairman may group together similar questions.

    (b)  The period for questions by the public shall be limited so that no further questions shall be put after the elapse of 15 minutes from the commencement of the first question.

    (c)  A maximum of three minutes is allowed for the each question to be read.

    (d)  A questioner who has put a question in person may also put one supplementary question without notice to the member who has replied to his or her original question. A supplementary question must arise directly out of the original question or the reply.

    (e)  Afterwards, any other Member at the Chairman's discretion may speak for up to two minutes on a question or reply.

     

    Questions from the Public

     

    There were no questions from the public received within the notice period.

    Minutes:

    There were no questions from the public.

    63.

    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.

     

                There were no questions received.

     

    (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.

     

                There were no questions received.

    Minutes:

    There were no questions from Members.

    64.

    Motions

    Motions for which notice has been given are listed on the agenda in the order in which notice was received, unless the Member giving notice states, in writing, that they propose to move it at a later meeting or withdraw it.

     

    If a Motion set out in the agenda is not moved by the Member who gave notice thereof it shall, unless postponed by consent of the Council, be treated as withdrawn and shall not be moved without fresh notice.

     

    A Motion must be about matters for which the Council has powers or duties or which affects the District.

     

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

     

    "While recognising the sterling efforts of the staff to take the East Kent University Hospitals Trust out of special measures, this Council views with serious concern the emerging proposals under the draft Sustainability and Transformation Plan to remove 300 acute beds from hospitals in East Kent. This Council firmly believes such proposals will prove detrimental to health care in this district, exacerbating the existing difficulties within the interdependent health and social services, and calls on Government to increase its funding to the NHS and to Kent County Council's social services while at least maintaining current funding to the rest of local government."

    Minutes:

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

     

    "While recognising the sterling efforts of the staff to take the East Kent University Hospitals Trust out of special measures, this Council views with serious concern the emerging proposals under the draft Sustainability and Transformation Plan to remove 300 acute beds from hospitals in East Kent. This Council firmly believes such proposals will prove detrimental to health care in this district, exacerbating the existing difficulties within the interdependent health and social services, and calls on Government to increase its funding to the NHS and to Kent County Council's social services while at least maintaining current funding to the rest of local government."

     

    The Motion was duly seconded by Councillor S F Bannister.

     

    It was moved as an AMENDMENT by Councillor P A Watkins:

     

    "While recognising the sterling efforts of the staff to take the East Kent University Hospitals Trust out of special measures, this Council views with serious concern the emerging proposals under the draft Sustainability and Transformation Plan that require a reduction of 300 beds from hospitals in East Kent. This Council firmly believes such proposals will prove detrimental to health care in this district, exacerbating the existing difficulties without radically addressing the social care bed shortfall, quality community social care packages, GP manpower shortages and increased practice hours availability. Added to this list must be included additional provision of specialised housing to include intermediate care and also discretionary use of Disabled Facilities Grant. None of the changes should take place until full deployment and recruitment of specialist community nursing teams and allied professions are in place. Use of the not for profit sector services is essential to bolster the Social care sector.

     

    This Council calls for full integration and commissioning of Health and Social provision to be accelerated and fully funded to meet the Health and Social care deficit in East Kent.”

     

    The Motion was duly seconded by Councillor F J W Scales.

     

    Councillor M R Eddy, with the consent of his seconder, agreed to accept the amendment.

     

    On being put to the meeting the Motion was CARRIED and it was

     

    RESOLVED:     That while recognising the sterling efforts of the staff to take the East Kent University Hospitals Trust out of special measures, this Council views with serious concern the emerging proposals under the draft Sustainability and Transformation Plan that require a reduction of 300 beds from hospitals in East Kent. This Council firmly believes such proposals will prove detrimental to health care in this district, exacerbating the existing difficulties without radically addressing the social care bed shortfall, quality community social care packages, GP manpower shortages and increased practice hours availability. Added to this list must be included additional provision of specialised housing to include intermediate care and also discretionary use of Disabled Facilities Grant. None of the changes should take place until full deployment and recruitment of specialist community nursing teams and allied professions are in  ...  view the full minutes text for item 64.

    65.

    Council Tax Base 2017/18 pdf icon PDF 78 KB

    To consider the attached report of the Director of Finance, Housing and Community.

     

    In accordance with Council Procedure Rule 16.6 a recorded vote will be held in respect of this item.

    Minutes:

    The Director of Finance, Housing and Community presented the report on the Council Tax Base 2017/18.

     

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

     

    RESOLVED:       (a)     That for the financial year 2017/18, the empty homes discount be reduced to 0% for Class C empty properties, and the 2nd homes discount be removed so that Council Tax will be payable in full on these properties.

     

    (b)     That the District's Council Tax Base for 2017/18 be approved as 37,204.40 and the tax base for the towns and parishes in the Council’s administrative area be as set out in the table below:

     

     

     

     

    Parish

    2016/17 Tax Base - using collection rate

    2017/18 Tax Base using collection rate

    Alkham

    298.68

    306.43

    Ash

    1095.02

    1120.04

    Aylesham

    1024.03

    1103.18

    Capel-Le-Ferne

    617.71

    626.51

    Deal

    6,477.35

    6,594.87

    Denton-with-Wootton

    167.40

    172.20

    Dover

    7,679.07

    7,924.76

    Eastry

    754.48

    779.46

    Eythorne

    771.20

    775.78

    Goodnestone

    166.59

    173.67

    Great Mongeham

    264.10

    268.30

    Guston

    379.08

    374.32

    Hougham-Without

    179.88

    181.32

    Langdon

    226.57

    227.85

    Lydden

    247.63

    253.51

    Nonington

    293.91

    295.17

    Northbourne

    264.67

    269.79

    Preston

    257.35

    302.76

    Ringwould-with-Kingsdown

    1,018.35

    1,013.04

    Ripple

    149.51

    150.81

    River

    1,481.45

    1,497.88

    St Margarets-at-Cliffe

    1,256.81

    1,283.08

    Sandwich

    1,875.75

    1,925.51

    Shepherdswell-with-Coldred

    731.93

    738.74

    Sholden

    547.05

    670.64

    Staple

    227.89

    228.32

    Stourmouth

    110.80

    111.50

    Sutton-by-Dover

    296.68

    305.59

    Temple Ewell

    640.31

    639.36

    Tilmanstone

    151.87

    153.23

    Walmer

    3,261.05

    3,277.47

    Whitfield

    1,821.38

    1,899.84

    Wingham

    664.23

    672.16

    Woodnesborough

    415.20

    442.87

    Worth

    436.93

    444.44

    Total

    36,251.91

    37,204.40

     

    The manner of voting was as followed:

     

    FOR

    AGAINST

    ABSTAIN

    J S Back

     

     

    S F Bannister

     

     

    T J Bartlett

     

     

    P M Beresford

     

     

    T A Bond

     

     

    P M Brivio

     

     

    B W Butcher

     

     

    S S Chandler

     

     

    N J Collor

     

     

    M D Conolly

     

     

    M I Cosin

     

     

    G Cowan

     

     

    D G Cronk

     

     

    N Dixon

     

     

    M R Eddy

     

     

    A Friend

     

     

    R J Frost

     

     

    B Gardner

     

     

    D Hannent

     

     

    P J Hawkins

     

     

    P G Heath

     

     

    J M Heron

     

     

    M J Holloway

     

     

    S J Jones

     

     

    L A Keen

     

     

    S C Manion

     

     

    K Mills

     

     

    K E Morris

     

     

    D P Murphy

     

     

    M J Ovenden

     

     

    A S Pollitt

     

     

    G Rapley

     

     

    M Rose

     

     

    D A Sargent

     

     

    F J W Scales

     

     

    P Walker

     

     

    P M Wallace

     

     

    P A Watkins

     

     

     

    66.

    Adoption of a Scheme of Enrolment for An Honorary Alderman pdf icon PDF 84 KB

    To consider the attached report of the Director of Governance.

    Additional documents:

    Minutes:

    The Director of Governance presented the report on the Adoption of a Scheme of Enrolment for an Honorary Alderman or Alderwoman.

     

    In response to concerns over the criteria and costs for the award expressed by members of the main opposition group, Councillor P A Watkins suggested that a working group of members could look into it further.

     

    It was moved by Councillor P A Watkins, duly seconded and

     

    RESOLVED:  (a)     That the Council repeal the ‘Policy for Long Service Awards to Elected Members of Dover District Council.

     

    (b)     That any Members who were eligible for the award at the time of its repeal and who haven’t received an award be given the choice of receiving an award recognising their service.

     

    (c)     That the Council adopt the Scheme of Enrolment, including the rights and privileges, for Honorary Aldermen and Alderwomen as set out in Appendix 2.

     

    (d)     That on conferment of the courtesy title of Honorary Alderman or Honorary Alderwoman, the recipient be provided with a commemorative scroll and badge.

    67.

    Calendar of Meetings 2017/18 pdf icon PDF 50 KB

    To consider the attached report of the Director of Governance.

    Additional documents:

    Minutes:

    The Team Leader – Democratic Support presented the report on the draft Calendar of Meetings 2017/18.

     

    Members were advised that the Chairman of the Planning Committee had raised concerns over the dates for Planning Committee being in the same week as full Council in July and October 2017 and that this was being looked into to find a workable solution.

     

    It was moved by Councillor M R Eddy, duly seconded and

     

    RESOLVED:  That the draft Calendar of Ordinary Meetings for 2017/18 be agreed in principle subject to the Planning Committee dates in July and October 2017 being re-examined.

    68.

    Members' Allowances Scheme 2017/18 pdf icon PDF 63 KB

    To consider the attached report of the Director of Governance.

    Additional documents:

    Minutes:

    Councillor M D Conolly presented the report on the Members’ Allowances Scheme 2017/18.

     

    It was moved by Councillor M D Conolly that Option 2 be adopted and that the Members’ Allowance Scheme 2017/18 be made at the levels of 2016/17, as set out in Appendix 2, subject to an increase in the Dependent Carers Allowance to £7.50 per hour in line with the National Living Wage from April 2017.

     

    It was duly seconded and on being put to the meeting was

     

    RESOLVED: That the Members’ Allowance Scheme 2017/18 be made at the levels of 2016/17, as set out in Appendix 2 of the report, subject to an increase in the Dependent Carers Allowance to £7.50 per hour in line with the National Living Wage from April 2017.

     

    69.

    Review of the Constitution 2016/17 pdf icon PDF 62 KB

    To consider the attached report of the Director of Governance.

     

    Due to the number of pages in the attachment it has been created as a supplementary paper to the agenda.

     

    For information, The Leader of the Council amended the Scheme of Officer Delegations in relation to Executive Functions on 21 December 2016.

    Additional documents:

    Minutes:

    The Review of the Constitution 2016/17 was presented by the Director of Governance.

     

    Councillor P G Heath expressed his thanks to the Director of Governance and his team for their work in producing the Review of the Constitution.

     

    It was moved by Councillor P G Heath that the recommendations of the Governance Committee, including the amendment to item 21 of the delegations to the Head of Regeneration and Development (Council Function), with the addition of the changes circulated at the meeting to items 45 and 46 of the delegations to Head of Regeneration and Development (Council Function) be agreed as followed:

     

    (a)  AMEND Council Function, Delegation to Head of Regeneration and Development - Item 21 (h) to now read: “(h) Powers to enter into planning obligations, to modify and discharge planning obligation and related powers.”

     

    (b)  DELETE Council Function, Delegation to Head of Regeneration and Development - Item 45 as follows:

     

    Column 1

    Legislation

    Column 2

    Brief Description

    Column 3

    Conditions/Exclusions

    Limitations/Notes

    72. 45

    Section 16(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) as applied by section 74(3) of that Act

    Power to determine applications for conservation area consent

     

     

    (c)  AMEND Council Function, Delegation to Head of Regeneration and Development – Item 46 as follows:

     

    Column 1

    Legislation

    Column 2

    Brief Description

    Column 3

    Conditions/Exclusions

    Limitations/Notes

    46

    Section 13(1) and 14(1) and (4) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and regulations 3 to 6 and 13 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (S.I. 1990/1519) and paragraphs 8,15 and 26 of Department of the Environment, Transport and the Regions Circular 01/01 and The Arrangements for Handling Heritage Applications – Notification to Historic England and National Amenity Societies and the Secretary of State (England) Direction 2015

    Duties relating to applications for listed building consent and conservation area consent.

     

     

    It was duly seconded and

     

    RESOLVED:     (a)     That that the proposed changes in the Review of the Constitution 2016, specifically relating to Part 3, Responsibility for Functions, Section 1 (Responsibility for Local Choice Functions), Section 2 (Responsibility for Council Functions) and Section 6, Sub Section C (Scheme of Officer Delegations) that relate to Council functions be approved and incorporated into the Council’s Constitution, issue no. 20.

     

                              (b)     That the proposed changes to items 21, 45 and 46 relating to Council functions in Part 3, Responsibility for Functions, Section 6, Sub Section C (Scheme of Officer Delegations) in respect of the delegations to the Head of Regeneration and Development be approved and incorporated into the Council’s Constitution, issue no. 20.

     

    70.

    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:

    The Leader of the Council, Councillor P A Watkins, made an announcement under urgent business that the Supreme Court had granted the Council the right to appeal the decision in respect of the Western Heights.

    Data Protection – Broadcast of Live Meetings

    1. Dover District Council is a Data Controller under GDPR. During this live broadcast, if you are participating in the meeting your personal data will be processed. The meeting is not recorded but, information will be processed for us to meet our obligations under the Local Government Act 1972 as amended by The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panels Meetings) (England and Wales) Regulations 2020 [SI 2020 No. 392]. Your information will be handled securely and confidentially in compliance with data protection legislation. For more information on your privacy and if you have any questions, please visit our website at www.dover.gov.uk/privacy