Agenda and minutes

Apologies for absence were received from Councillors N Dixon, S Hill, M J Holloway, P S Le Chevalier, S M Le Chevalier and D P Murphy.

To confirm the attached Minutes of the meeting held on 25 January 2017.

The Minutes of the meeting held on 25 January 2017 were approved as a correct record and signed by the Chairman.

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

The following declarations of interest were made by Members:

Councillor P I Carter declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.

Councillor S S Chandler declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of her husband’s ownership of rented property.

Councillor A Friend declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.

Councillor D Hannent declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.

Councillor P G Heath declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.

Councillor N S Kenton declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.

Councillor S C Manion declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.

Councillor P A Watkins declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.

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

(a)  To advise that Councillor A F Richardson (Maxton, Elms Vale and Priory Ward) had resigned on 28 February 2017.

(b)  To ask that Members complete their Related Party Transaction forms.

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).

The Leader of the Council, Councillor P A Watkins, included the following matters in

his report:

(a)  That the Royal and Ancient had announced that The Open Golf Championship would return to Royal St George’s Golf Club in Sandwich in 2020.

He thanked the Head of Inward Investment for his hard work and Mr Craig Mackinlay, MP (Thanet South) for his role in gaining Department of Transport support.

During the last Open at Sandwich, one of the previous obstacles had related to the capacity of the High Speed train service to cope with demand and as a result a platform extension was being added to allow a six car train to stop at the station. The options of a temporary or a permanent extension to the platform were being discussed, with a permanent solution being the preferred option.

The Portfolio Holder for Access and Licensing, Councillor N J Collor, was working to ensure that businesses in Sandwich benefited from the number of visitors that the Open Golf Championship would bring to the town.

(b)  The news that £5 million of funding had been allocated to the Dover Western Dock extension by the South East Local Enterprise Partnership.

(c)  That the next stage for the Betteshanger site was being discussed with the Homes and Community Agency.

(d)  That he had met with the Police and Crime Commissioner, Matthew Scott, in respect of modern slavery and people trafficking.

(e)  That he had met with the new owners of the Discovery Park and discussed their preference for an emphasis on life sciences.

(f)   That he had met with the Mayor of Dover, Councillor Neil Rix, to discuss Dover town centre development.

(g)  To express his sadness at the news of Councillor A F Richardson’s resignation and praise his work on the Planning Committee over the years he had served on the Council.

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

(a)  To welcome the news of the return of the Open Golf Championship to Sandwich and congratulate the Head of Inward Investment on his work to bring it back. He emphasised the need to resolve the traffic problems that accompanied the last Open Golf Championship played at Royal St George’s.

(b)  To welcome the news in respect of the Dover Waterfront. This emphasised the role of the public sector as a catalyst for development.

(c)  That the district needed tertiary education and to highlight the fit between food science and life sciences at the Discovery Park.

(d)  To advise that he had also met with the Kent Police and Crime Commissioner and had found him to be aware of the problems facing the Dover District.

(e)  To praise the professional manner in which Councillor A F Richardson approached planning matters.

The Deputy Leader of the Minority Opposition UK Independence Party Group made no report.

In response, the Leader of the Council raised the following matters in his right to reply:  

(a)  ...  view the full minutes text for item 75.

The Leader of the Labour Group, Councillor M R Eddy, gave notice that Councillor G Cowan would replace Councillor S Hill on the Scrutiny (Community and Regeneration) Committee.

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

(a)  Ms J Mead will ask the Portfolio Holder for Environment, Waste and Planning, Councillor N S Kenton:

“At the meeting of DDC Cabinet on 3 October 2016 a number of recommendations made by the Scrutiny Committee meeting on 13 September 2016 were approved. Can you update me on the progress against each of these recommendations and in particular can you update me on recommendation (b) regarding deadlines for planning applications?

In answering the question can you include the following:

·         Have the developers submitted a planning application since 3 October? If not, what action has the council taken?

·         What further action does the council intend to take and by what date? 

·         If an outline planning application has been submitted what does it say? When will it be made public? What timescales are DDC now working to in terms of a full finalised planning application?”

In the absence of the questioner, Mrs J Mead, the Chairman advised that the question would not be dealt with.

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 submitted.

(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.

            (1)        Councillor P M Brivio will ask the Portfolio Holder for Access and Licensing, Councillor N J Collor:

“Can the Portfolio Holder for Access and Licensing tell the meeting if DDC has any plans to install charging points for electric vehicles?”

            (2)        Councillor P J Hawkins will ask the Portfolio Holder for Environment, Waste and Planning, Councillor N S Kenton:

“The Portfolio Holder for Environment, Waste and Planning will recall that on the 13 September the Scrutiny (Policy and Performance) Committee made seven recommendations regarding the Regent Cinema including that the developer be given three months to submit an outline planning application and 6 months to submit a full planning application.  Would he please update Council on the current situation regarding the seven recommendations?”

            (3)        Councillor S J Jones will ask the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly:

"Why does this Council, when assessing tenders for goods and services not include in reports to Councillors if it has taken into account during the procurement process the social value requirements as defined by the Local Services Social Value Act 2012 which requires councils to consider the social, environmental and economic impact of contracts and how they can best impact the local community alongside best value for money, as it does with legal and equality and diversity requirements?"

            (4)        Councillor L A Keen will ask the Leader of the Council, Councillor P A Watkins:

“Can the Leader of the Council describe the mechanisms for informing and consulting local residents on the proposed 4-council merger within the engagement exercise proposed in the consultants' report?”

            (5)        Councillor B Gardner will ask the Portfolio Holder for Environment, Waste and Planning, Councillor N S Kenton:

“At cabinet in January 2017 when the item on planning appeals and planning conditions was discussed it was proposed that a working party of three councillors should be set up as a matter of urgency to discuss the whole situation of planning. Would the Portfolio Holder for Environment, Waste and Planning inform the Council as to when the first meeting of this group might take place?”

(6)        Councillor G Cowan will ask the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly:           

            “Can the Portfolio Holder for Corporate  ...  view the full agenda text for item 78.

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

(1)  Councillor P M Brivio asked the Portfolio Holder for Access and Licensing, Councillor N J Collor:

“Can the Portfolio Holder for Access and Licensing tell the meeting if DDC has any plans to install charging points for electric vehicles?”

In response, the Portfolio Holder for Access and Licensing advised that while the decision as to whether to invest in the provision of charging points for electric vehicles remained under review the Council was encouraging new developments to install charging points. There would be 3 at the St James’s development and 4 at the new leisure centre.

In accordance with Council Procedure Rule 12.5, Councillor P M Brivio exercised her right to ask one supplementary question.

(2)  Councillor P J Hawkins asked the Portfolio Holder for Environment, Waste and Planning, Councillor N S Kenton:

“The Portfolio Holder for Environment, Waste and Planning will recall that on the 13 September the Scrutiny (Policy and Performance) Committee made seven recommendations regarding the Regent Cinema including that the developer be given three months to submit an outline planning application and 6 months to submit a full planning application.  Would he please update Council on the current situation regarding the seven recommendations?”

In response, the Portfolio Holder for Environment, Waste and Planning updated members on the decision of Cabinet made in October 2016 as followed:

·         That Planning officers had been instructed to offer no further pre-planning advice to the developers and that it had been made clear to the developers that they now needed to progress with the submission of proposals for determination.

·         That to date no planning application had been received although the 6 month deadline did not expire until early April 2017.

·         That the building had been inspected by officers and following discussions with the developers, works were agreed to deal with concerns regarding the deterioration of the building. These had been completed to the satisfaction of officers without needing to issue Section 215 notices.

·         That the Fire Officer had inspected the premises and the concerns which he raised had been dealt with. Officers from the Council’s Property Services team had undertaken inspections and were satisfied that for now there was no impact on the Timeball Tower.

·         That the correct business rate payments had been made for the property.

·         That the consideration of the remaining recommendations would be considered after the deadline for a planning application to be received had expired.

In accordance with Council Procedure Rule 12.5, Councillor P J Hawkins exercised her right to ask one supplementary question.

(3)  Councillor S J Jones asked the Portfolio Holder for Corporate Resources and Performance, Councillor M D Conolly:

"Why does this Council, when assessing tenders for goods and services not include in reports to Councillors if it has taken into account during the procurement process the social value requirements as defined by the Local Services Social Value Act 2012 which requires councils to  ...  view the full minutes text for item 78.

In the absence of the Chairman and Vice-Chairman who withdrew from the meeting following their declarations of a Disclosable Pecuniary Interest (DPI) in the Motion at Minute No. 80(1), the Team Leader – Democratic Support called for nominations for the Chairman for the next item of business.

It was proposed by Councillor M R Eddy and duly seconded that Councillor D G Cronk be elected Chairman for the next item of business.

In the absence of any other nominations it was put to the meeting and

RESOLVED: That Councillor D G Cronk be elected as Chairman for the next item of business.

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.

(1)   In accordance with Council Procedure Rule 13, Councillor D A Sargent will move:

"This Council recognises and notes the continuing problems that many people in the District living in private rented sector accommodation face due to poor maintenance of properties and uncertainty of how long they will be able to remain in their homes because of short term tenancies.

This Council agrees to request that the government Housing Minister introduces as soon as practical more robust regulation of the Private Rental sector, to increase building maintenance standards and to encourage more responsible landlords and to seriously consider introducing some form of rent control.”

(2)   In accordance with Council Procedure Rule 13, Councillor S J Jones will move:

“Council believes that bidders for Council contracts should be asked to account for their past tax record, using the standards in Procurement Policy Note 03/14, rather than the lower standards in the recent regulations. Council calls for the Council's procurement procedures to be amended to require all companies bidding for Council contracts to self-certify that they are fully tax-compliant in line with central government practice, using the standards in PPN 03/14, applying to contracts of the size specified.

Council asks the Cabinet to publicise this policy and to report on its implementation annually for the next three years.”

(1)       Motion from Councillor D A Sargent

In accordance with Council Procedure Rule 13, Councillor D A Sargent gave notice of his intention to move the following Motion:

"This Council recognises and notes the continuing problems that many people in the District living in private rented sector accommodation face due to poor maintenance of properties and uncertainty of how long they will be able to remain in their homes because of short term tenancies.

This Council agrees to request that the government Housing Minister introduces as soon as practical more robust regulation of the Private Rental sector, to increase building maintenance standards and to encourage more responsible landlords and to seriously consider introducing some form of rent control.”

The Motion was duly seconded by Councillor P M Brivio.

An AMENDMENT was moved by Councillor F J W Scales and duly seconded as followed:

"While recognising the work that the Government is already doing this Council requests that the Government Housing Minister introduces as soon as practical more robust regulation of the Private Rental sector, to increase building maintenance standards and to encourage more responsible landlords.”

Councillor F J W Scales made a Personal Explanation in respect of his speech to the AMENDMENT.      

On being put to the meeting, the AMENDMENT was LOST.

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

RESOLVED: This Council recognises and notes the continuing problems that many people in the District living in private rented sector accommodation face due to poor maintenance of properties and uncertainty of how long they will be able to remain in their homes because of short term tenancies.

                        This Council agrees to request that the government Housing Minister introduces as soon as practical more robust regulation of the Private Rental sector, to increase building maintenance standards and to encourage more responsible landlords and to seriously consider introducing some form of rent control.

(Councillor P I Carter declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.)

(Councillor S S Chandler declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of her husband’s ownership of rented property.)

(Councillor A Friend declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.)

(Councillor D Hannent declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.)

(Councillor P G Heath declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.)

(Councillor N S Kenton declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.)

(Councillor S C Manion declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.)

(Councillor P A Watkins declared a Disclosable Pecuniary Interest in Minute No. 80 (Motion (1)) by reason of his ownership of rented property.)

At the conclusion  ...  view the full minutes text for item 80.

To consider the attached report of the Director of Governance.

The Director of Governance presented the report on the Pay Policy Statement.

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

RESOLVED:     That the Pay Policy Statement as set out at Appendix 1 of the report be approved and published on the Council’s website.

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

Due to its size, the report is a supplementary paper to the main agenda.

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

The Director of Finance, Housing and Community gave a presentation on the Council Budget 2017/18 and Medium Term Financial Plan 2017/18 - 2020/21.

It was moved by Councillor M D Conolly, and duly seconded, that the recommendations set out in the report incorporating the recommendations of the Cabinet at its meeting held on 1 March 2017, be approved.

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 2017/18 – 2020/21 be approved.

(b)     That it be noted that it is the view of the Director of Finance, Housing and Community (Section 151 Officer) that the budget has been prepared in an appropriate and prudent manner and that based upon the information available at the time of producing this report the 2017/18 estimates are robust and the resources are adequate for the Council’s current spending plans in 2017/18.

(c)     That the various Council recommendations at the end of the sections within the attached budget and Medium Term Financial Plan, and summarised in Annex 14 to Appendix 1, be approved as follows:

(i)            That the General Fund Revenue Budget for 2017/18 and the projected outturn for 2016/17 be approved.

(ii)           That the policies and protocols regarding the General Fund balances and earmarked reserves, and transfers between reserves as set out in Annex 6 be approved.

(iii)          That the 2016/17 Projected Outturn and the 2017/18 HRA budget at Annex 7 be approved.

(iv)         That the approval of individual projects to be financed by the HIR be delegated to the Cabinet.

(v)          That the Capital and Special Revenue Projects Programmes be approved.

(vi)         That the capital resources required to finance new projects be secured before new projects commence.

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

(viii)       That the Council Tax Resolution as set out at Annex 10A be approved.

(ix)         That it be noted 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.

The Team Leader – Democratic Support advised that the vote would have to be a recorded vote in accordance with Council Procedure Rule 18.6. The manner of the voting was as followed:

There were no items of urgent business.