Agenda and minutes

Prayer was offered by Reverend John Whittaker.

Councillor Lay apologised in advance that he would have to leave at 7.30pm.

To confirm the minutes of the meeting held on 24 September 2013.

On the motion of Councillor Bray, seconded by Councillor Bill, it was

RESOLVED – the minutes of the meeting held on 24 September 2013 be approved and signed by the Mayor.

To receive verbally from Members any disclosures which they are required to make in accordance with the Council's code of conduct or in pursuance of Section 106 of the Local Government Finance Act 1992. This is in addition to the need for such disclosure to be also given when the relevant matter is reached on the Agenda.

Councillor Bray declared a personal interest in item 13 on the agenda – Sale of former depot site, as he lived near the site and wished this to be recorded in order to be open and transparent.

To receive such communications as the Mayor may decide to lay before the Council.

During her communications the Mayor mentioned the success of the visit of the delegation from Shanghai, the open days for Hinckley Hub, the switch-on of the Christmas lights in Hinckley, Barwell, Market Bosworth and Newbold Verdon and UEFA women’s football. She announced that she had attended the visit of the Duchess of Gloucester to Menphys Nursery in Burbage, and reminded members of her Carol Service on 15 December at St Mary’s in Hinckley. In relation to her Charity Appeal, the Mayor announced that the casino night in October had raised over £1,000, that Hinckley Carnival Committee had donated £700 and that she had taken part in a abseil down the Church spire which had raised a large amount, to be shared between St Mary’s and the Mayor’s Charity appeal.

The following questions have been received in accordance with Council Procedure Rule 11.1, and answers provided as follows:

(a)        Question from Councillor Ward to the Executive Member for rural affairs

            Given that we now know the amount budgeted by the Council for rural broadband will be match funded by the same amount by BT and mindful of the importance of the growth of the rural economy to the future of this Borough, will the Council now substantially increase the amount it is prepared to commit to delivering this much needed service.

            Response from Councillor Gould

            The Council has agreed nearly £60,000 toward rural broadband, which we agree is an important matter. No payments have been made yet by any Council, pending a review of the model by BT. This Council is committing more than three other Councils in Leicestershire, two of which are Tory controlled.

(b)        Question from Councillor Morrell to the Leader of the Council

            Can the Executive member please explain why the Council’s Executive voted unanimously to make a contribution of £49,000 from tax payer funds to a private members’ squash club to provide an extra squash court at their new facility at Tungsten Park, when this facility should be included for the unrestricted use of Borough residents in the Council’s new leisure centre.

            Response from Councillor Cope

            The Officers report to Executive in November set out quite clearly the rationale for supporting the contribution of £49,000 to the new state of the art Hinckley squash facility, proposed to be built at Tungsten Park. The facility, which will cost approximately £1m, will not only replace the existing and outdated courts on the site of the bus station (which have to be relocated, as part of the overall development), but will provide four courts with ancillary modern facilities. In addition, the Council contribution will lever support from Squash and Racket England, who will contribute at least another £25,000.

            The contribution will be conditional on a management agreement being put in place to open up the facility for public and school use. I am advised such agreements are in place with other local authorities in partnership with Squash and Racket England for similar facilities elsewhere in the country.

            This initiative will guarantee the provision of professional, state of the art squash facilities for the public.

            The added benefit for the area is that this will enable regional competitions to be played which cannot be hosted anywhere else in the Borough because of the lack of suitable facilities.

(c)        Question from Councillor Morrell to the Leader of the Council

            Car parking at the Hinckley Hub continues to present challenges not only at the Hub itself but in surrounding areas, so much so that it has recently been referred to by members of the public as a pantomime. Does the Leader now regret the hasty move to this site when a more considered approach could have delivered new Council offices and a new leisure centre with all  ...  view the full agenda text for item 293.

The following questions were received in accordance with Council Procedure Rule 11.1, and answers provided as follows:

(a)        Question from Councillor Ward to the Executive Member for rural affairs

            Given that we now know the amount budgeted by the Council for rural broadband will be match funded by the same amount by BT and mindful of the importance of the growth of the rural economy to the future of this Borough, will the Council now substantially increase the amount it is prepared to commit to delivering this much needed service.

            Response from Councillor Gould

            The Council has agreed nearly £60,000 toward rural broadband, which we agree is an important matter. No payments have been made yet by any Council, pending a review of the model by BT. This Council is committing more than three other Councils in Leicestershire, two of which are Tory controlled.

(b)        Question from Councillor Morrell to the Leader of the Council

            Can the Executive member please explain why the Council’s Executive voted unanimously to make a contribution of £49,000 from tax payer funds to a private members’ squash club to provide an extra squash court at their new facility at Tungsten Park, when this facility should be included for the unrestricted use of Borough residents in the Council’s new leisure centre.

            Response from Councillor Cope

            The Officers report to Executive in November set out quite clearly the rationale for supporting the contribution of £49,000 to the new state of the art Hinckley squash facility, proposed to be built at Tungsten Park. The facility, which will cost approximately £1m, will not only replace the existing and outdated courts on the site of the bus station (which have to be relocated, as part of the overall development), but will provide four courts with ancillary modern facilities. In addition, the Council contribution will lever support from Squash and Racket England, who will contribute at least another £25,000.

            The contribution will be conditional on a management agreement being put in place to open up the facility for public and school use. I am advised such agreements are in place with other local authorities in partnership with Squash and Racket England for similar facilities elsewhere in the country.

            This initiative will guarantee the provision of professional, state of the art squash facilities for the public.

            The added benefit for the area is that this will enable regional competitions to be played which cannot be hosted anywhere else in the Borough because of the lack of suitable facilities.

(c)        Question from Councillor Morrell to the Leader of the Council

            Car parking at the Hinckley Hub continues to present challenges not only at the Hub itself but in surrounding areas, so much so that it has recently been referred to by members of the public as a pantomime. Does the Leader now regret the hasty move to this site when a more considered approach could have delivered new Council offices and a new leisure centre with all the  ...  view the full minutes text for item 293.

Madam Mayor, Fellow Councillors, Officers, members of the public and media

It gives me great pleasure to make this statement tonight, as, in addition to the many positive items on the agenda, it gives me the opportunity to highlight what an exciting time it is for the Borough, its citizens and businesses.

Hinckley BID – Ballot for second term

First of all, we are in the middle of the ballot which will determine whether the Hinckley Business Improvement District (BID) will secure a further five year term. The first BID has achieved a great deal for the town, working with local businesses and with the Borough and County Councils. It is notable that vacancy rates and footfall have largely bucked the national trends, despite a very difficult economic and commercial period. As an example, the annual Christmas Lights ‘Switch On’, on 22 November, a joint venture between the Council and the BID, proved, yet again, to be an exciting and very well-attended event, with over 14,500 footfall counts recorded.  This Administration is fully supportive of the continuation of the BID and the votes of the Council have been cast in favour of a further five years.

Sporting Excellence

The Council has been active also on the sporting scene. In the last week, thanks to some hard work behind the scenes, four matches in the Women’s under 17’s European Football Championships have been held at our local football stadium … with great success.  The F.A. has commended this Council on its support to the events, which have secured great crowds.  In addition, with the support of our Cultural team, notably Graeme Chilvers, Colin Magee won the East Midlands ‘Unsung Hero’ accolade and will be competing against other regional winners for the national award to be announced at the BBC sports Personality of the Year event in mid December. This is the second year in succession that someone from Hinckley and Bosworth has won the regional award; testament to the rich vein of talent and sporting commitment in our area and to Graeme’s skills in identifying and showcasing that talent, I am sure that we all wish Colin success later this month.

Furthermore, on 28 November, the Borough Sports Awards event proved yet again to be very popular and very successful in showcasing the massive talent within the Borough. Thanks to Graeme and his colleagues for such a wonderful event!

Hinckley Hub – Official Opening

Last Friday, I was joined by Neil Couling from DWP and Cllr Peter Lewis from the County Council at an event formally opening the Hinckley Hub. Both Neil and Peter had nothing but praise for the building, its facilities and the potential now offered for greater integration and efficiency of the services we can offer to our public. Work on that integration of management and grass roots service integration has begun already and I am looking forward to that progressing further over the next few months.

Effective Partnership

As further evidence of our effective partnership working, Cllr  ...  view the full agenda text for item 294.

In presenting his position statement, the Leader of the Council emphasised the exciting time for the Borough of Hinckley and Bosworth. He referred to footfall in Hinckley bucking the national trend, the official opening of the Hub, the Local Democracy Week event, the high performance of the Revenues & Benefits Partnership, the appointment of a highways consultant and he paid tribute to Colin McGee who had won the East Midlands Unsung Hero award and would go forward to the finals at the BBC Sports Personality of the Year event. Cllr Bray also expressed the concerns, which were shared by the rest of the Council, about the planning system and the recent situation in Blaby District Council where applications could be determined by the Secretary of State due to that Council not having met its targets.

To receive for information only the minutes of the Scrutiny Commission meeting held on 10 October 2013.

The Chairman of the Scrutiny Commission presented the minutes of the meeting on 10 October for information.

Members were provided with an update on the Local Council Tax Support Scheme (LCTS) which recommended reducing the maximum level of council tax support from 91.5% to 88%. On the motion of Councillor Lynch, seconded by Councillor Bray, it was

RESOLVED – the maximum level of Council Tax Support be agreed as 88%.

In presenting a report to council which identified priority reserves into which transfers could be made under delegated authority, it was explained that the report had been to Council previously and to the Scrutiny Commission twice and the matter was purely procedural. A verbal update on suggested amounts to be transferred to reserves was provided. It was explained that all transfers made to reserves would be reported to Council, but that delegation would ensure timely transfer of monies and would improve efficiency within the finance team. In addition, it was confirmed by the Chief Executive that all matters of expenditure would be considered by the full Council.

Councillor Lay left the meeting at 7.35pm.

It was moved by Councillor Lynch and seconded by Councillor Bray that the recommendations be approved. Upon being put to the vote, the motion failed to get the required two-thirds majority and was therefore LOST.

Council was updated on the current position regarding the sale of the former depot site on Middlefield Lane. A member expressed concern that the site had not been valued since 2010. However, in response it was stated that the report was ‘in principle’ and the value would be confirmed naturally during the course of the marketing and sale. On the motion of Councillor Lynch, seconded by Councillor Bill, it was

RESOLVED – the marketing of the site for sale be supported with a further report before the terms of sale are agreed.

Members received a report which set out the reasons for revising the Local Development Scheme (LDS) and the timetable for doing so. On the motion of Councillor Bray, seconded by Councillor Bill, it was

RESOLVED – the requirements for reviewing the LDS be endorsed and acknowledged and the LDS programme 2013-2016 be approved.

A report was presented which outlined steps required to make a Compulsory Purchase Order to acquire land and property interests at the ‘Klondyke’ allotments site in Groby. Members welcomed the report and recommended action. It was moved by Councillor Bray, seconded by Councillor Bill, and unanimously

RESOLVED –

(i)         the making of the Hinckley Bosworth Borough Council (Klondyke Allotments) Compulsory Purchase Order 2013 (once the final form has been settled in accordance with the delegated authority set out below) be approved and submitted to the Secretary of State for confirmation;

(ii)        authority be delegated to the Chief Executive as follows:

(a)        pursuant to the provisions  of Sections 226(1)(b) of the Town and Country Planning Act 1990 (as amended), section 13 of the Local Government (Miscellaneous Provisions) Act 1976, the Acquisition of Land Act 1981 and all other relevant powers and provisions the Chief Executive, in consultation with the Chief Officer Corporate Governance and Customer Engagement and any other appropriate officer, be authorised to make, seal and submit to the Secretary of State for confirmation, an order entitled “The Borough of Hinckley and Bosworth (Klondyke Allotments) Compulsory Purchase Order 2013” (“the Order”) to acquire land and other interests in respect of the land shown coloured pink on the plan at Appendix 1 to this report (“the Land”) referred to as “Map referred to in the Hinckley & Bosworth Borough Council (Klondyke Allotments) Compulsory Purchase Order 2013" or in respect of such lesser areas of that land should he consider it appropriate;

(b)        to agree and adopt a Statement of Reasons (a draft of which is attached at Appendix 2 to the report) which may be subject to minor amendment(s) as required until the time the Order is made for the making of the Order in order to promote the proper planning purpose of the site;

(c)        to publish and serve upon all persons entitled thereto the Notice of the making of the Order and to authorise publication of the Order and to take all other necessary steps to enable the Order to be confirmed by the Secretary of State;

(d)        that in the event the Order is confirmed by the Secretary of State, to serve Notices to Treat under Section 5 of the Compulsory Purchase Act 1965 and, where necessary, to serve Notices of Entry under Section 11 of the Compulsory Purchase Act 1965 in respect of the Land, or at his discretion to execute a General Vesting Declaration and in any event to take all steps considered necessary to obtain possession of the land included in the Order;

(e)        (i)         to continue to negotiate and attempt to negotiate with a view to agreeing terms for purchase by agreement or payment of compensation for any interests in or rights over the Land;

(ii)        where considered appropriate, to agree terms for relocation;

(iii)       if considered appropriate, to appoint specialist external consultants to perform or assist in the performance of these tasks; and

(iv)  ...  view the full minutes text for item 300.

Details were provided to members of the proposal to readopt the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 within the Borough of Hinckley & Bosworth. It was moved by Councillor Gould, seconded by Councillor Bray and unanimously

RESOLVED – the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 be adopted for the Borough of Hinckley & Bosworth.

Following resignation of four members of the Ethical Governance and Personnel Committee, a report was presented to Council which provided options for dealing with complaints about Borough and Parish Councillors. It was moved by Councillor Witherford, seconded by Councillor Bray and

RESOLVED – The current position be maintained and attempts be made to fill the four vacancies.

Upon requesting nominations to fill the vacancies, none were received.

The following amendments to the recommendations in the report are proposed:

Ø      Paragraph 3.7 – Proposed changes relating to members and committees:

      Amendment of first bullet point to read:

·         Changes required to seating arrangements at planning committee due to new meeting room layout following the move to the Hub to state that members of the committee shall sit in their allocated places on the inner row and those in attendance as ward councillors or observers may sit on the outer row.

      Additional bullet point to read:

·         The above seating arrangement shall be used for all committees.

Ø      Paragraph 3.8 – member development:

      Removal of the first bullet point regarding training for Chairs and Vice-Chairs

Ø      Additional paragraph – Planning Committee

            The following changes are recommended to Planning Committee Procedure:

·         The Member of Parliament and County Councillors may speak on matters affecting their constituency or division for a maximum of two minutes (to be added into paragraph 28.2 of the Constitution (previously page 113-4) after point f));

·         Amendment to paragraph 27.6d) (previously on page 113 of the Constitution) to read: if a decision on an application is deferred, any speakers on that item will be offered the opportunity to speak again when the application returns to committee.

Amended recommendation:

The changes to the Constitution listed in paragraphs 3.2 to 3.10 of the report and as amended in the supplementary agenda be approved.

A report was presented which highlighted necessary updates as part of the annual review of the Council’s Constitution and recommended other changes to aid decision making. On the motion of Councillor Witherford, seconded by Councillor Bray, it was

RESOLVED –

(a)        the following changes be made to the Constitution as recommended in paragraphs 3.2 to 3.6 and 3.9 to 3.10 of the report:

(i)         Changes agreed previously by Council including Chief Officer structure and titles and Scheme of Members’ Allowances;

(ii)        Grammatical and typographical changes and those to ensure consistency;

(iii)       Changes in relation to finance including finance definitions and financial limit on variations;

(iv)       Legislative updates relating to Environmental Health;

(v)        Amendments to onward limits of delegation with regard to Building Control and Private Sector Housing to make provisions for taking immediate action when necessary;

(vi)       Operational responsibility and delegated authority amendments within Street Scene Services as a result of Chief Officer restructure and for clarity and removal of duplication;

(b)        In relation to members and committees (paragraph 3.7 of the report):

(i)         seating arrangements at planning committee be updated to reflect layout of the De Montfort Suite;

(ii)        Grammatical and textual corrections be made to the code of conduct.

(c)        Regarding member development (paragraph 3.8 of the report), mandatory training on Licensing, Planning and Appeals be changed from an annual requirement to ‘as appropriate and identified by officers in consultation with the lead members for that service’;

(d)        Changes to Planning Committee procedure be made as follows:

(i)         the Member of Parliament and County Councillor may speak on matters affecting their constituency or division for a maximum of two minutes;

(ii)        amendment to paragraph 27.6(d) of the Constitution to allow speakers to speak again when a deferred application returns to committee.

To appoint a member of the Liberal Democrat Group to a vacancy on the Committee.

On the motion of Councillor Bray, seconded by Councillor Bill, it was

RESOLVED – the replacement of Councillor Crooks with Councillor Cope on Planning Committee be agreed.

The Leader of the Council will announce a change to membership of the Executive.

The Leader announced a change to Executive membership and areas of responsibility as follows:

To appoint an additional Executive member to the Joint Committee.

It was reported that the Revenues and Benefits Joint Committee had, for governance reasons, agreed to appoint two members of each authority to the Committee. It was reported that Councillor Lynch was currently our representative on the Joint Committee. On the motion of Councillor Bray, seconded by Councillor Lynch, it was

RESOLVED – Councillor Witherford be appointed as the second representative of HBBC.

To appoint a representative to the forum.

On the motion of Councillor Bray, seconded by Councillor Bill, it was

RESOLVED – Councillor P Hall be appointed as this authority’s representative on the Leicestershire & Rutland Heritage Forum.

(a)        To be proposed by Councillor Gould and seconded by Councillor Hulbert

“This Council believes that housing developments, where built, should be primarily targeted to satisfy the local need and be of primary benefit to the locality. To that end, this Council will put in place policies that target affordable homes at people from that immediate locality.

Specifically, this Council shall put in place policies that mean new homes built in the Barwell Sustainable Urban Extension shall be firstly made available to residents (and in particular young families where relevant) in Barwell who need to find a home; similarly, this Council will make the same provision for Earl Shilton and its Sustainable Urban Extension”.

(b)        To be proposed by Councillor Mullaney and seconded by Councillor Hulbert

“That this Council:

A) notes that payday lenders are trapping millions of people in spirals of debt.

B) believes that the Financial Conduct Authority (FCA)’s new proposals for regulating payday lenders are a step in the right direction, but do not go far enough.

C) further believes:

i. that the FCA’s proposals would not prevent payday lenders from drip-feeding new loans to people who already have payday debts and are struggling to pay them back

ii. that the FCA’s proposals would not prevent people from being hit with escalating penalty fees

iii. that the FCA’s proposals would not stop payday lenders from raiding people’s bank accounts without telling them.

D) welcomes that some of Britain’s biggest debt, consumer and anti-poverty organisations – including Which?, Citizens Advice, StepChange Debt Charity, Church Action on Poverty and the Centre for Responsible Credit – and MPs from every Party represented at Westminster have come together to support the Charter to Stop the Payday Loan Rip-Off.

E) resolves to:

i. endorse the Charter to Stop the Payday Loan Rip-Off which calls on the FCA to introduce tougher regulation of payday lenders.

ii. encourage residents of Hinckley & Bosworth to support the Charter by signing the online petition at http://www.change.org/paydayloancharter

iii. promote and support the development of local credit unions, including the Clockwise Credit Union and more affordable lending.

iv. work with partners on campaigns against increasing levels of personal debt.

F) agrees to send a copy of this motion to Martin Wheatley, Chief Executive of the Financial Conduct Authority and to all local Members of Parliament.”

Change in supplementary agenda under E) ii. above – [local authority] should read ‘Hinckley & Bosworth’.

(a)        It was proposed by Councillor Gould and seconded by Councillor Hulbert that

“This Council believes that housing developments, where built, should be primarily targeted to satisfy the local need and be of primary benefit to the locality. To that end, this Council will put in place policies that target affordable homes at people from that immediate locality.

Specifically, this Council shall put in place policies that mean new homes built in the Barwell Sustainable Urban Extension shall be firstly made available to residents (and in particular young families where relevant) in Barwell who need to find a home; similarly, this Council will make the same provision for Earl Shilton and its Sustainable Urban Extension”.

Upon being put to the vote, it was unanimously

RESOLVED – the motion be supported.

(b)        It was proposed by Councillor Mullaney and seconded by Councillor Hulbert

“That this Council:

A) notes that payday lenders are trapping millions of people in spirals of debt.

B) believes that the Financial Conduct Authority (FCA)’s new proposals for regulating payday lenders are a step in the right direction, but do not go far enough.

C) further believes:

i. that the FCA’s proposals would not prevent payday lenders from drip-feeding new loans to people who already have payday debts and are struggling to pay them back

ii. that the FCA’s proposals would not prevent people from being hit with escalating penalty fees

iii. that the FCA’s proposals would not stop payday lenders from raiding people’s bank accounts without telling them.

D) welcomes that some of Britain’s biggest debt, consumer and anti-poverty organisations – including Which?, Citizens Advice, StepChange Debt Charity, Church Action on Poverty and the Centre for Responsible Credit – and MPs from every Party represented at Westminster have come together to support the Charter to Stop the Payday Loan Rip-Off.

E) resolves to:

i. endorse the Charter to Stop the Payday Loan Rip-Off which calls on the FCA to introduce tougher regulation of payday lenders.

ii. encourage residents of Hinckley & Bosworth to support the Charter by signing the online petition at http://www.change.org/paydayloancharter

iii. promote and support the development of local credit unions, including the Clockwise Credit Union and more affordable lending.

iv. work with partners on campaigns against increasing levels of personal debt.

F) agrees to send a copy of this motion to Martin Wheatley, Chief Executive of the Financial Conduct Authority and to all local Members of Parliament.”

Many members spoke in support of this motion and felt that more should be done nationally to stop this problem. It was unanimously

RESOLVED – the motion be supported and copies of the motion be sent to the Chief Executive of the Financial Conduct Authority and to MPs.