Agenda and minutes

Council - Wednesday, 20th July, 2022 6.00 pm

For those meetings that are being broadcast (as agreed by Council in July 2022) there will be a link to view the live broadcast under the ‘Media’ heading below. Guidance on how to watch live broadcasts of meetings.

The link to view a recording of a meeting that was broadcast can be found on the Council’s YouTube channel (@doverdc)

Venue: Council Chamber. View directions

Contact: Rebecca Brough, Democratic & Corporate Services Manager  Email: democraticservices@dover.gov.uk

Media

Items
No. Item

19.

Apologies pdf icon PDF 52 KB

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillors D Hannent, S C Manion, P Walker and C D Zosseder.

20.

Suspension of Council Procedure Rule 18.3 (Voting - Show of Hands)

Minutes:

It was moved by Councillor C A Vinson, duly seconded by Councillor R S Walkden, and

 

RESOLVED:  That Council Procedure Rule 18.3 be suspended for the duration of the meeting.

 

(In accordance with Council Procedure Rule 25.1(2) at least one half of the members of the Council were present.)

21.

Minutes pdf icon PDF 282 KB

To confirm the Minutes of the meeting held on 18 May 2022 (to follow).

Minutes:

The Minutes of the meeting held on 18 May 2022 were approved as a correct record and signed by the Chairman.

22.

Declarations of Interest pdf icon PDF 143 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.

23.

Announcements pdf icon PDF 57 KB

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

Minutes:

The Chairman of the Council, Councillor M D Conolly, made the following announcements:

 

(a)  Baton Relay

That the Queen’s Baton Relays were held in Deal and Dover. Due to weather the Deal relay had to be moved onshore from the pier. At Dover Castle there was music, entertainment and a demonstration by the Vista Twisters.

 

He thanked those involved in organising it for their hard work.

 

(b)  Death of Former District Councillor John Bragg

 

Members were informed of the sad news of the death of former District Councillor John Bragg. He had represented the Sandwich Ward from 1990 – 2003. He served on numerous committees during his time on the Council. He was also a serving Sandwich Town Councillor from 1985 until his death and had been the Mayor of Sandwich from 1998 to 2001. He received an OBE for services to the Community in 2008. 

 

Councillors T J Bartlett, D R Friend and K Mills shared their memories of former District Councillor John Bragg.

 

The Chairman asked Members to stand in silence as a mark of respect.

 

24.

Leader's Time pdf icon PDF 89 KB

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 of the Main Opposition Group (or their nominee) shall be allowed up to 10 minutes to respond.

(c)  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 Leader(s), whichever is the greatest).

Minutes:

The Leader of the Council, Councillor T J Bartlett, included the following matters in his report:

 

(a)     To express his pleasure at seeing so many well supported events in the district including:

 

·         Queen’s Platinum Jubilee Celebrations at which a flag designed by 11-year old Izzy Kirby was raised at Dover Castle;

·         The return of Band of Royal Marines to Walmer which was attended by over 10,000 people; and

·         The successful Skate Jam event.

 

He thanked the Council’s Community and Tourism teams working in partnership with others.

 

(b)     To welcome the launch of the White Mills Aquapark, Sandwich and Walmer Adventure Golf sites.

(c)      That the new Market Square would be opening on 20 August 2022.

(d)     That the Kearnsey Café’s success was exceeding expectations.

(e)     That the Mining Museum had seen 10,000 visitors since it had opened. A new Wave Garden and Hotel could also be coming to the site.

(f)       That there was no news to update Members on in respect of the Regent Hotel. He noted that the cinema industry had been adversely impacts by the pandemic. However, encouragingly the owners had been working with the Council’s planning department on proposals for a scaled down mixed development scheme that would include a cinema.  

(g)     To welcome that the Tides Project was continuing to move forward.

(h)     That the Inspire Families programme had funded a number of activities for families across the district.

(i)       That he written to a number of agencies and attended meetings where he had expressed his frustrations with the roads in Dover not being kept clear. He did not want to see a summer of chaos.

(j)       That he had received a letter from the family of Dame Vera Lynn following further meetings that he had with them following the news that the Council was not successful in the first round of Levelling Up Bids. However, after giving serious consideration to the matter the family had decided to work with other parties to identify a suitable site for a statue outside of the Dover area. He expressed his disappointment at this news but understood the family’s position on the matter and advised that they had thanked the Council for its interest in the project and the assistance that had been provided.

(k)      The Council was in a position to submit its bid for the second round of Levelling Up bids. The bid had taken on board the comments of Dover Town Council and would address the need for regeneration in the Bench Street area through the creation of a new skills, training and education hub in conjunction with Dover College. The bid had been supported through a well attended open day and had the support of the MP for Dover and neighbouring MPs.

(l)       That following the news that the Inland Border Facility at Whitfield would no longer be needed the land had been returned to the Department for Transport which was considering options for its future use. The DEFRA site for the Port Health  ...  view the full minutes text for item 24.

25.

Seat Allocation and Group Appointments pdf icon PDF 4 KB

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.

26.

Questions from the Public pdf icon PDF 105 KB

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

 

The questions received during the notice period are set out in the agenda papers.

 

Minutes:

In accordance with Council Procedure Rule 11, a question from Graham Wanstall was put to the Leader of the Council, Councillor T J Bartlett:

 

It is incumbent upon me to thank you for your thoughtful co-operation on the following matters, firstly my request to fly the Ukrainian flag with the Union Jack at the Norwegian memorial garden in Dover. Secondly on my proposals to mark the Queen’s Platinum Jubilee with the installation of the slab plaque in Pencester Gardens. A commemorative clock there would of been much better and useful for generations to come. An 18 inches square slab is not the same and is difficult to find and see. Sadly we are independently doing a second Jubilee slab in front of the Dover War memorial and I thank district member cllr Roger Walkden for his kind assistance with this project. There was an uproar recently when D.D.C. did not allow the fair to come to Pencester Gardens this caused a quick change of mind. We are informed that “D.D.C has a desire to upgrade Pencester Gardens in the future and this will not be consistent with using Pencester Gardens as a venue for fairs and similar activities.” Therefore, will you now please give an undertaking that no decisions will be made on upgrading and preventing community events that have been enjoyed for generations without a full and proper public consultation?”

 

In response the Leader of the Council, Councillor T J Bartlett, stated

 

“Thank you for raising this with me.

 

I am keen to see improvements made to Pencester Gardens and welcome the work undertaken by the assets team over recent weeks to renovate the skate park.

 

Any plans to improve this green space, which is at the heart of our town centre, will always be compromised if we continue to allow vehicles to drive all over it and so it is difficult to see how events such as the fair can continue to use this site, although I would want to see community use of the space continuing but with better controls.

 

No decisions have been taken yet on how we can improve the gardens and I would agree with you that any such plans need to be the subject of a consultation process.”

 

A supplementary question was asked in accordance with Council Procedure Rule 11.8.

27.

Complaints Policy pdf icon PDF 213 KB

To consider the attached report of the Head of Governance and HR.

Additional documents:

Minutes:

The Democratic and Corporate Services Manager introduced the report on the Complaints Policy. Members were advised that the Council had already seen the document in respect of Executive functions.

 

It was moved by Councillor C A Vinson, duly seconded by Councillor D A Hawkes, and

 

RESOLVED: That Council adopts the Complaints Policy in respect of Council functions.

 

28.

Broadcast and Recording of Meetings pdf icon PDF 282 KB

To consider the attached report of the Monitoring Officer.

Additional documents:

Minutes:

The Monitoring Officer and Solicitor to the Council introduced the report on the Broadcast and Recording of Meetings. Members were informed of the recommendations of the Governance Committee.

 

It was moved by Councillor C A Vinson and duly seconded by Councillor P D Jull

 

(a)   That the Constitutional amendments to enable the continued broadcasting of meetings and the use of the electronic voting system set out in Appendix 1 of this report be approved and incorporated into the Council’s Constitution (Issue 24).

(b)   That the recordings of broadcast meetings be retained for a period of 30 days from the date of the meeting.

(c)   That the broadcast and recording of meetings be reviewed after six months of operation.

 

An AMENDMENT was moved by Councillor S H Beer, and duly seconded by Councillor P M Brivio

 

That trial period be extended for a further three months, until the full council meeting of October 2022, to allow members to fully familiarise themselves with the objectives, processes and risk management procedures in place for this initiative.

 

On being put to the meeting the AMENDMENT was LOST.

 

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

RESOLVED: (a)       That the Constitutional amendments to enable the continued broadcasting of meetings and the use of the electronic voting system set out in Appendix 1 of this report be approved and incorporated into the Council’s Constitution (Issue 24).

                        (b)     That the recordings of broadcast meetings be retained for a period of 30 days from the date of the meeting.

                        (c)     That the broadcast and recording of meetings be reviewed after six months of operation.

 

29.

Questions from Members pdf icon PDF 112 KB

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

 

Members may ask one supplementary question in addition to their original question.

 

The questions received are set out in the order received in the agenda papers.

Minutes:

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

 

(1)  Councillor N J Collor asked the Portfolio Holder for Social Housing, Port Health, Skills and Education, Councillor D P Murphy:

“With the Council’s most welcome initiative of starting to build new homes will the Portfolio Holder kindly advise what eco and other environmentally friendly features are being insisted upon?”

Councillor D P Murphy advised in his written response:

“All of the developments of new Council housing have, to date, exceeded the building regulations requirements in relation to conservation of fuel and power. Clearly, reducing the impact upon the environment is of great importance, however, alongside this it is also vital to ensure that the new homes address fuel poverty and are usable as homes by the residents, so this is also a priority. As a result, we do not apply the same single solution or set of requirements to all the Council’s housing developments, and we take a flexible approach to ensure the best solution possible at each particular development. Air source heat pumps, PV panels, enhanced insulation and car charging points have all been provided to date, and it is our intention to keep pace with the technology to address the needs of the environment and our residents.”

A supplementary question was asked in accordance with Council Procedure Rule 12.6.

 

(2)  Councillor N J Collor asked the Portfolio Holder for Community and Corporate Property, Councillor O C de R Richardson:

“As the Portfolio Holder is aware central Dover only has one public toilet located in Stembrook Car Park. With plans gradually coming out about a redevelopment of this entire area will the Portfolio Holder guarantee to me here and now that a public toilet facility will be included in any plans for the future and subsequent delivery of any development project?”

Councillor O C de R Richardson advised in his written response:

“Plans for the Stembrook site are still ongoing and in development; but I can guarantee that public toilet provision within Dover Town Centre is a recognised need; as well as that the Pencester Garden’s / Stembrook area is an area of focus for public toilet delivery. 

Please rest assured that as project proposals emerge – as is also the case with any potential town centre development - due consideration is been given to the recognised need for public toilets within the town centre, as well as the provision of strategic car parking.

Public Toilet options currently under consideration for the town include traditional approaches; as well as ‘pay-to-pee’ opportunities and the ‘we’ll pay you to let people use your toilet’ schemes. Consideration of less traditional approaches to public toilet provision is related to our shared ambitions for designing out of crime, anti-social behaviour and vandalism.”

A supplementary question was asked in accordance with Council Procedure Rule 12.6.

 

(3)  Councillor H M Williams asked the Portfolio Holder for Social Housing, Port Health, Skills and Education, Councillor D  ...  view the full minutes text for item 29.

30.

Exclusion of the Press and Public pdf icon PDF 9 KB

The recommendation is attached.

 

MATTERS WHICH THE MANAGEMENT TEAM SUGGESTS SHOULD BE CONSIDERED IN PRIVATE AS THE REPORT CONTAINS EXEMPT INFORMATION AS DEFINED WITHIN PART 1 OF SCHEDULE 12A OF THE LOCAL GOVERNMENT ACT 1972 AS INDICATED AND IN RESPECT OF WHICH THE PROPER OFFICER CONSIDERS THAT THE PUBLIC INTEREST IN MAINTAINING THE EXEMPTION OUTWEIGHS THE PUBLIC INTEREST IN DISCLOSING THE INFORMATION

Minutes:

It was moved by Councillor O C de R Richardson, duly seconded by Councillor D P Murphy and

 

RESOLVED:       That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the remainder of the business on the grounds that the items to be considered involved the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12A of the Act.

31.

Appointment of Independent Persons

The Council at its meeting held on 18 May 2022 resolved:

 

(a)  That the Council appoint two Independent Persons with effect from 22 July 2022.

 

(b)  That the Monitoring Officer be authorised to advertise the vacancies in accordance section 28 Localism Act 2011.

 

(c)   That a panel comprised of the Chairman of the Governance Committee, the Democratic and Corporate Services Manager and the Monitoring Officer be requested to shortlist and interview applicants for the vacancies and make recommendations for the appointment of two applicants to the Council meeting on 20 July 2022.

 

The Monitoring Officer will advise the outcome of the deliberations of the interview panel and its recommendations for the appointment of two Independent Persons.

Minutes:

The Monitoring Officer presented the report on the Appointment of Independent Persons to Members.

 

RESOLVED:   That Janet Waghorn and Anthony Dixon be appointed as the Council’s Independent persons for a term of 5 years and 1 day effective from 21 July 2022.

32.

Urgent Business Time pdf icon PDF 83 KB

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 were no items of urgent business for consideration.

 

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. Some of the meetings will be recorded and retained for viewing for 30 days on the Council's YouTube channel. Your information will be handled securely and confidentially in compliance with data protection legislation. For more information on your privacy and how your personal data may be processed during a live broadcasting of a Council meeting, please visit our website and view our Broadcasting of Meetings and Corporate Privacy Notice at www.dover.gov.uk/privacy