Agenda, decisions and draft minutes

Venue: Remote meeting

Contact: Natasha Clark, Democratic and Elections  Email: democracy@cherwellandsouthnorthants.gov.uk

Link: Please click here to view this meeting online

Items
No. Item

14.

Welcome

Minutes:

The Chairman welcomed Councillors, officers,  members of the public and the press to the second remote meeting of Full Council.

 

The Chairman introduced the Vice-Chairman, Councillor Tony Bagot-Webb and advised that should she have any technical issues and drop out of the meeting, Councillor Bagot-Webb would take the Chair until she was reconnected.

 

15.

Declarations of Interest

Members are asked to declare any interest and the nature of that interest which they may have in any of the items under consideration at this meeting.

Minutes:

There were no declarations of interest.

16.

Minutes of Council pdf icon PDF 86 KB

To confirm the Minutes of the meeting of the Council held on 13 May 2020.

Minutes:

The minutes of the meeting of Council held on 13 May 2020 were agreed as a correct record and signed by the Chairman.

17.

Chairman's Announcements

To receive communications from the Chairman of the Council.

 

Minutes:

Housekeeping

The Chairman reminded Members of the remote meeting protocol and arrangements for voting.

 

Annual Meeting

The Chairman advised Council that following discussions with the Vice-Chairman, Chief Executive and Executive Director Resources, the Annual Meeting would be held on Wednesday 16 September 2020 at 6pm.

 

At this time, it was not possible to confirm what format the meeting would take as it would depend upon the Government guidance and restrictions and the local situation at that time. In the meantime, Members would be sent a meeting request to ensure the date is in calendars and the format and arrangements would be confirmed in due course when It was possible to do so.

 

Officers were liaising with the Chairman of the Planning Policy & Regeneration Strategy (PPRS) Committee about a new date for the committee’s meeting that was scheduled for the same date and this will be confirmed to PPRS members.

 

18.

Public Participation pdf icon PDF 110 KB

(i)             Receipt of Petitions (if any) from Local Government Electors for the District

 

(ii)           Questions (if any) from the Public

 

(Deadline to register: 16 July 2020)

 

Minutes:

The Chairman advised that there had been not petitions but three written questions for the public addressed to the Leader, Councillor McCord, had been received and were published as a supplement to the agenda.

 

The Governance and Elections Manager displayed and read out each question, which was duly answered by the Leader of the Council.

 

Question 1, from Charles Askew, local resident, on the Local Plan

 

“Is the leader of the council satisfied that all substantial complaints about the actions of council members and employees in respect of the preparation of the Local Plan v2 have been properly investigated and that the results of these investigations have been made available to council members, prior to the plan being put to the vote?”

 

The Leader of the Council, Councillor McCord, responded:

 

“All complaints are dealt with via the appropriate process. As Leader I have no remit in the process. I have been advised by the Monitoring Officer that there is no good reason not to proceed with the Local Plan report as published.

 

As of 5pm tonight there have been no complaints lodged using either the member or officer complaints procedures.    

 

 

 

Question 2, from Terence Hearty, local resident, on the Local Plan

 

“Does the council find it appropriate and proper to vote on the adoption of the Local Plan Part B when a serious complaint has been raised by a South Northamptonshire resident, which is currently yet to be investigated by SNCs monitoring officer? Has SNC made councillors aware of this complaint, which is concerned with the Council not following due process and governance in relation to that Plan?”

 

The Leader of the Council, Councillor McCord, responded:

 

“I am aware of correspondence between a resident and the council that I have been copied into and that a resident has sent to most, if not all, members over the weekend past.

 

The email that was sent to me has been passed to the Monitoring Officer and I have no further role in the matter. The complaints procedure does not require all members to be made aware one has been received.

 

That resident has been advised how to use the council’s complaints procedures and offered officer help to do so.

 

Yesterday I was copied into an email from the same resident that said, and I quote:

“with regard to your continued attempts to usher me down the cul-de-sac of following the councils own complaints procedure, I have no intention of so doing . .”

 

As of 5pm today no such formal complaint has been received.

 

I and all members have been given advice from the Monitoring Officer that there is no good reason not to proceed with the Local Plan item as laid out tonight.

 

However, should council resolve tonight to adopt the Local Plan, there is a period of 6 weeks which allows for any judicial review proceedings to be lodged. If Mr Hearty or any other resident, or group wishes to challenge the legality of the processes followed by SNC  ...  view the full minutes text for item 18.

19.

Written Questions

To receive any written questions and answers which have been submitted with advance notice in accordance with Council Procedure Rule 11.2.

 

(Deadline for written questions on notice: 16 July 2020)

Minutes:

There were no written questions from councillors.

20.

Motions

To debate any motions which have been submitted with advance notice, in accordance with Council Procedure Rule 12.

 

(Deadline for motions: 16 July 2020)

 

 

Minutes:

There were no motions.

21.

Announcements by the Leader of the Council and the Chief Executive

To receive communications from the Leader of the Council and the Chief Executive

Minutes:

On behalf of Council, the Leader, Councillor McCord,  made the following announcement recorded thanks to all council employees for their response during the Covid-19 pandemic. Pressure had impacted on Teams and service areas at different phases and Members were grateful to all employees. The Leader paid particular tribute to the Chief Executive and Leadership for their ongoing hard work and keeping Members informed.

 

The Chief Executive updated Council on the phased reopening of The Forum and referred to the joint statement he and the Leader had issued that day. The statement had set out the stages of the phased reopening which would support the local economy whilst also ensuring the wellbeing and safety of staff and residents.

22.

Questions to the Leader of the Council and the Chief Executive

The Chairman to invite questions to the Leader of the Council and the Chief Executive relevant to their announcements

Minutes:

There were no questions to the Leader or the Chief Executive on their announcements.

23.

Adoption of the South Northamptonshire Local Plan (Part 2) pdf icon PDF 137 KB

** Please note Appendix 8 to this report will follow as it is currently being reviewed and finalised **

 

** Please note that due to the size of the document, Appendix 6 will be published as a supplement to the main agenda pack **

 

Report of Assistant Director for Planning and Economy

 

Purpose of report

 

To adopt the South Northamptonshire Local Plan (Part 2) with main and additional modifications.

 

Recommendations

           

The meeting is recommended:

 

 1.1         To adopt the South Northamptonshire Local Plan (Part 2) (as set out at Appendix 1 to this report) which incorporates the Inspector’s Main Modifications (as set out at Appendix 3) and the Council’s own Additional Modifications (as set out at Appendix 5) and other minor editorial changes reflecting the fact that the plan is in its final form, as part of the statutory development plan for South Northamptonshire. In addition, to issue an Adoption Statement and final Sustainability Appraisal

 

1.2      To note that on adoption of the South Northamptonshire Local Plan (Part 2) all of the remaining saved policies from the South Northamptonshire Local Plan (1997) are formally replaced.

 

1.3      To adopt the updates to the South Northamptonshire Policies Map (as set out at Appendix 6).

 

1.4      To authorise the Assistant Director for Planning and Economy, in consultation with the Portfolio Holder for Planning, to finalise the necessary documents to support adoption including the Adoption Statement (draft at Appendix 7) and to make such minor editorial corrections to the adopted Local Plan (Appendix 1) and Policies Map (Appendix 6) as deemed necessary ahead of publication.

 

Additional documents:

Decision:

Resolved

 

(1)           That the South Northamptonshire Local Plan (Part 2) (annex to the Minutes as set in the Minute Book) which incorporates the Inspector’s Main Modifications (annex to the Minutes as set in the Minute Book) and the Council’s own Additional Modifications (annex to the Minutes as set in the Minute Book) and other minor editorial changes reflecting the fact that the plan is in its final form be adopted as part of the statutory development plan for South Northamptonshire and that an Adoption Statement and final Sustainability Appraisal be issued.

 

(2)           That it be noted that on adoption of the South Northamptonshire Local Plan (Part 2) all of the remaining saved policies from the South Northamptonshire Local Plan (1997) are formally replaced.

 

(3)           That the updates to the South Northamptonshire Policies Map (annex to the Minutes as set in the Minute Book) be adopted.

 

(4)           That the Assistant Director for Planning and Economy, in consultation with the Portfolio Holder for Planning, be authorised to finalise the necessary documents to support adoption including the Adoption Statement and to make such minor editorial corrections to the adopted Local Plan and Policies Map as deemed necessary ahead of publication.

 

 

Minutes:

The Assistant Director for Planning and Economy submitted a report to adopt the South Northamptonshire Local Plan (Part 2) with main and additional modifications.

 

In introducing the report, the Deputy Leader and Portfolio Holder for Planning, Councillor Bignell, paid tribute to the previous Portfolio Holders for Planning, Councillor Rebecca Breese and Councillor Roger Clarke, the Assistant Director Planning Policy and Development, Jim Newton, the current Planning Policy and Growth Strategy Manager, Alan Munn, as well as the former Executive Director Place and Growth, Adrian Colwell, former Head of Development Management, Andy Preston, and former Planning Policy and Growth Strategy Manager, Andy D’Arcy and the wider Planning Policy team for their hard work in bringing the  Local Plan (Part 2) to the stage where it was before Members for adoption.

 

The Deputy Leader and Portfolio Holder for Planning explained that the once adopted the South Northamptonshire Local Plan (Part 2) would replace the policies of the South Northamptonshire Local Plan (1997) and Policies H2 (Affordable Housing) and H6 (Gypsy, Traveller and Travelling Show People) of the WNJCS. The Plan would form part of the statutory development plan for the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004.

 

In response to Members’ comments regarding the linkages between the Local Plan, the MK5020 Plan and the Oxford to Cambridge Arc, the Deputy Leader & Portfolio Holder for Planning agreed to circulate a written response to Members.

 

The Deputy Leader and Portfolio Holder for Planning requested that a recorded vote on the item be taken.

 

A recorded vote having been requested, a recorded vote was duly taken, and Members voted as follows:

 

Councillor Addison

For

Councillor Allen

For

Councillor Atkinson

For

Councillor Bagot-Webb

For

Councillor Baker

For

Councillor Bambridge

For

Councillor Barnes MBE

For

Councillor Bignell

For

Councillor Billingham MBE

For

Councillor Budden

For

Councillor Carole Clarke

For

Councillor Roger Clarke

For

Councillor Stephen Clarke

For

Councillor Dallyn

For

Councillor Peter Davies

For

Councillor Furniss

For

Councillor Grant

For

Councillor Harries BEM

For

Councillor Herring

For

Councillor Hollowell

For

Councillor Hopkins

For

Councillor Johns

For

Councillor Loveland

For

Councillor Manners

For

Councillor McCord

For

Councillor Medina

For

Councillor Ord

For

Councillor Pritchard

For

Councillor Rawlinson

For

Councillor Sergison-Brooke

For

Councillor Smallman

For

Councillor Tarbun

For

Councillor Townsend

For

Councillor Walker

For

Councillor Elaine Wiltshire

Councillor Paul Wiltshire

For

For

 

Resolved

 

(1)           That the South Northamptonshire Local Plan (Part 2) (annex to the Minutes as set in the Minute Book) which incorporates the Inspector’s Main Modifications (annex to the Minutes as set in the Minute Book) and the Council’s own Additional Modifications (annex to the Minutes as set in the Minute Book) and other minor editorial changes reflecting the fact that the plan is in its final form be adopted as part of the statutory development plan for South Northamptonshire and that an Adoption Statement and final Sustainability Appraisal be issued.

 

(2)           That it be noted that on adoption of the South Northamptonshire Local Plan (Part 2) all of the remaining saved  ...  view the full minutes text for item 23.

24.

Local Development Order pdf icon PDF 90 KB

Report of Assistant Director Planning & Economy

 

Purpose of report

 

To consider the draft South Northamptonshire Local Development Order (LDO).

 

Recommendations

 

The meeting is recommended:

 

1.1     To adopt the Local Development Order at Appendix 5, with the Local Development Order to take effect from 1 April 2020; and to consider the Planning Policy & Regeneration Strategy Committee’s recommendation concerning how long the Local Development Order should be in operation before it is reviewed.

 

1.2          To approve a fee of £400 per Certificate of Compliance.

 

1.3     To delegate authority to the Assistant Director: Planning and Economy to make any minor changes to the Local Development Order in consultation with the Portfolio Holder for Planning.

 

Additional documents:

Decision:

Resolved

 

(1)           That the Local Development Order (annex to the Minutes as set out in the Minute Book) be adopted, with the Local Development Order to take effect from 1 April 2020 and be in operation until 31 March 2022 before it is reviewed.

 

(2)           That a fee of £400 per Certificate of Compliance be approved.

 

(3)           That authority be delegated to the Assistant Director: Planning and Economy to make any minor changes to the Local Development Order in consultation with the Portfolio Holder for Planning.

 

Minutes:

The Assistant Director Planning & Economy submitted a report to consider the draft South Northamptonshire Local Development Order (LDO).

 

In introducing the report, the Deputy Leader and Portfolio Holder for Planning, Councillor Bignell, thanked the Planning Policy and Regeneration Strategy Committee and, in p[articular, its Chairman, Councillor Addison, who had reviewed the Local Development Order. At their 15 July 2020 meeting, the Committee had considered the operation period of the LDO and recommended to Full Council that upon adoption, it remain in force until 31 March 20202.

 

Resolved

 

(1)           That the Local Development Order (annex to the Minutes as set out in the Minute Book) be adopted, with the Local Development Order to take effect from 1 April 2020 and be in operation until 31 March 2022 before it is reviewed.

 

(2)           That a fee of £400 per Certificate of Compliance be approved.

 

(3)           That authority be delegated to the Assistant Director: Planning and Economy to make any minor changes to the Local Development Order in consultation with the Portfolio Holder for Planning.

 

25.

Business and Planning Act 2020 Fee Setting and Delegation of Authority pdf icon PDF 73 KB

Report of Assistant Director: Environment and Regulatory Services

 

Purpose of report

 

To seek approval to a change to the scheme of delegation to enable officers to progress pavement licences, to agree the terms on which licences will be issued and to set an appropriate fee.

 

Recommendations

            

The meeting is recommended to;

 

1.1          Delegate the authority to determine and issue Pavement Licences to the Executive Director: Operations with subsequent delegations to the appropriate Assistant Director, Health and Environmental Protection Manager, Licensing and Business Support Manager and all direct reports.

 

1.2          Delegate authority to the Portfolio Holder for Environmental Services and the Assistant Director: Environment and Regulatory Services to make any changes should the Act differ from the current Bill.

 

1.3          Set a fee of £100 for all licences.

 

1.4          Set the length of the licence to expire on 30 September 2021 (when the Act ceases to have effect).

 

Additional documents:

Decision:

Resolved

 

(1)           That the authority to determine and issue Pavement Licences be delegated to the Executive Director: Operations with subsequent delegations to the appropriate Assistant Director, Health and Environmental Protection Manager, Licensing and Business Support Manager and all direct reports.

 

(2)           That authority be delegated to the Portfolio Holder for Environmental Services and the Assistant Director: Environment and Regulatory Services to make any changes should the Act differ from the current Bill.

 

(3)           That a fee of £100 for all licences be agreed.

 

(4)           That it be agreed that the length of the licence be set to expire on 30 September 2021 (when the Act ceases to have effect).

 

Minutes:

The Assistant Director: Environment and Regulatory Services submitted a report to seek approval to a change to the scheme of delegation to enable officers to progress pavement licences, to agree the terms on which licences will be issued and to set an appropriate fee.

 

In presenting the report, the Portfolio Holder for Environmental Services, Councillor Bambridge, commended the Licensing Team and Environmental; Health Team for their support to local businesses in recent months.

 

In response to Members’ questions, the Licensing and Business Support Manager confirmed that the Business and Planning Act 2020 had received Royal Assent that day, 22 July 2020.

 

Resolved

 

(1)           That the authority to determine and issue Pavement Licences be delegated to the Executive Director: Operations with subsequent delegations to the appropriate Assistant Director, Health and Environmental Protection Manager, Licensing and Business Support Manager and all direct reports.

 

(2)           That authority be delegated to the Portfolio Holder for Environmental Services and the Assistant Director: Environment and Regulatory Services to make any changes should the Act differ from the current Bill.

 

(3)           That a fee of £100 for all licences be agreed.

 

(4)           That it be agreed that the length of the licence be set to expire on 30 September 2021 (when the Act ceases to have effect).

 

26.

Provisional Outturn and Capital Slippage pdf icon PDF 65 KB

Report of Executive Director: Finance

 

Purpose of report

 

To transfer the underspend in 2019-20 into an earmarked reserve to assist in dealing with the costs associated with COVID-19 and to carry forward capital slippage items from 2019-20 into 2020-21.

 

Recommendations

 

The meeting to recommended to agree:

 

1.1          To transfer the final underspend from the financial year 2019-20 into an earmarked reserve to assist in dealing with the costs associated with COVID-19.

 

1.2          To carry forward the capital slippage items detailed in the attached Cabinet report totalling £3.1m.

 

Additional documents:

Decision:

Resolved

 

(1)           That it be agreed that the final underspend from the financial year 2019-20 be transferred into an earmarked reserve to assist in dealing with the costs associated with COVID-19.

 

(2)           That it be agreed to carry forward capital slippage items totalling £3.1m as detailed in the annex to the Minutes (as set out in the Minute Book).

 

 

Minutes:

The Executive Director: Finance submitted a report which sought agreement to transfer the underspend in 2019-20 into an earmarked reserve to assist in dealing with the costs associated with COVID-19 and to carry forward capital slippage items from 2019-20 into 2020-21.

 

Resolved

 

(1)           That it be agreed that the final underspend from the financial year 2019-20 be transferred into an earmarked reserve to assist in dealing with the costs associated with COVID-19.

 

(2)           That it be agreed to carry forward the following capital slippage items totalling £3.1m:

 

 

27.

Standards Committee Annual Report 2019/20 pdf icon PDF 62 KB

Report of Executive Director: Resources and Monitoring Officer

 

Purpose of report

 

This report presents the Standards Committee Annual Report for 2019/20 (Appendix 1).

 

Recommendations

 

The meeting is recommended:

 

1.1          To note the Standards Committee Annual Report 2019/20. (Appendix 1).

 

Additional documents:

Decision:

Resolved

 

(1)           That the Standards Committee Annual Report 2019/20 (annex to the Minutes as set out in the Minute Book) be noted.

Minutes:

The Executive Director: Resources and Monitoring Officer submitted a report which presented the Standards Committee Annual Report for 2019/20.

 

Resolved

 

(1)           That the Standards Committee Annual Report 2019/20 (annex to the Minutes as set out in the Minute Book) be noted.

28.

Amendments to Proportionality Calculations and Committee Membership pdf icon PDF 82 KB

Report of Chief Executive

 

Purpose of report

 

To note the amendments to the constitution of political groups and amendments to the proportionality calculations and committee membership arising from the resignation of former Councillor, Adil Sadygov.

 

Recommendations

            

The meeting is recommended:

 

 1.1         To note the amended constitution of Political Groups.

 

1.2          To note the amended allocation of seats on committees that are subject to the political balance requirements as set out in Table 1.

 

1.3          To note there are no changes to the allocation of seats on committees that are not subject to political balance requirements as set out in Table 2.

 

1.4          To note the amendments to committee membership, as advised by the respective Leaders of the Conservative Group and Liberal Democrat Group (to follow).

 

Decision:

Resolved

 

(1)           That the amended constitution of Political Groups be noted

 

(2)           That  the amended allocation of seats on committees that are subject to the political balance requirements be noted.

 

(3)           That it be noted that there are no changes to the allocation of seats on committees that are not subject to political balance requirements.

 

(4)           That the following amendments to committee membership, as advised by the respective Leaders of the Conservative Group and Liberal Democrat Group:

 

Licensing Committee

Remove: Councillor Peter Davies

Add: Councillor Martin Johns

 

 

Minutes:

The Chief Executive submitted a report for Council to note the amendments to the constitution of political groups and amendments to the proportionality calculations and committee membership arising from the resignation of former Councillor, Adil Sadygov.

 

Resolved

 

(1)           That the amended constitution of Political Groups: Conservative: 32 (76%); Independent: 3 (7%); Liberal Democrat: 6 (15%); and, Vacancy: 1 (2%) be noted.

 

(2)           That  the amended allocation of seats on committees that are subject to the political balance requirements be noted.

 

(3)           That it be noted that there are no changes to the allocation of seats on committees that are not subject to political balance requirements.

 

(4)           That the following amendments to committee membership, as advised by the respective Leaders of the Conservative Group and Liberal Democrat Group:

 

Licensing Committee

Remove: Councillor Peter Davies

Add: Councillor Martin Johns

 

 

29.

Urgent Business (previously agreed with the Chairman)

Minutes:

There were no items of urgent business.