Agenda and minutes

Reverend John Whittaker offered prayer.

Apologies were submitted on behalf of Councillors Boothby, Ladkin, Richards, Sutton and Ward.

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

RESOLVED – the minutes of the meeting held on 28 January 2013 be confirmed and signed by the Mayor.

The Chief Executive confirmed to Members that recent Government advice stated that Members did not have to declare a pecuniary interest in the Council Tax setting item nor seek dispensation to take part in the debate.

No interests were declared.

The Mayor provided an update on his activities since the last meeting.

Councillor Mullaney will present a petition to be sent on to Leicestershire County Council.

Councillor Mullaney announced that he had a petition to be forwarded to Leicestershire County Council regarding the Warden Service at Ambion Court.

(a)        Question from Councillor Batty addressed to the Leader of the Council

“Is the Leader of the Council aware of the inadequate level of consultation carried out by this Council with local communities in respect of Wind Turbine applications and that the same principle is being applied as for normal built development.

Does the Leader of the Council believe that posting notices on gates at the entrance to fields in the middle of nowhere and the sending of a small number of neighbour consultation letters to residents within a relatively close radius of the application site is an adequate level of public consultation in respect of "sensitive" applications that could impact on the amenity value enjoyed by hundreds if not thousands of people.

Will the Leader agree with me that in such instances whilst the Council may not have a legal obligation to prominently advertise such applications to encourage full public engagement in the planning process, the Council certainly does have a moral obligation and duty of care in the interest of openness and transparency to do so?

Finally, will the Leader agree that officers should in future engage with local members on such applications to ensure that the views of communities have been taken fully into account and that as a matter of Council policy all Wind Turbine applications should be determined by the Council's planning committee.”

Response from Councillor Mayne, Chairman of the Planning Committee

“I would like to thank Councillor Batty for his question.

I’m assuming that Councillor Batty is making specific reference to the application on Land North of Anstey Lane close to Groby.

In that particular case the application was determined in accordance with the Constitution. There is no record of a Council Member calling the matter to Planning Committee, although I understand the Chief Executive is checking why an e-mail sent by you was not received.

In respect of the number of representations received this was below the five required to automatically require the application to be determined by Planning Committee.

Representations were also received from both Charnwood and Blaby Councils, neither of whom objected to the proposal.

The regulations governing the advertising of planning applications are set out in the Development Management Procedure Order 2010.

In respect of a minor application, which this was, the Local Planning Authority must either display a site notice on or near the land to which the application relates or serve notice on any adjoining owner or occupier.

The application that Cllr Batty is specifically concerned about was publicised in accordance with the regulations.

I would accept that there may well be occasions where there needs to be additional consultation over and above the statutory requirements, and there are occasions where that is carried out. 

I would also agree that Members and Officers should work constructively together and given that Members are advised in writing on a weekly basis of applications within their ward there is nothing stopping them being proactive and contacting officers directly  ...  view the full agenda text for item 426.

(a)        Question from Councillor Batty addressed to the Leader of the Council

“Is the Leader of the Council aware of the inadequate level of consultation carried out by this Council with local communities in respect of Wind Turbine applications and that the same principle is being applied as for normal built development.

Does the Leader of the Council believe that posting notices on gates at the entrance to fields in the middle of nowhere and the sending of a small number of neighbour consultation letters to residents within a relatively close radius of the application site is an adequate level of public consultation in respect of "sensitive" applications that could impact on the amenity value enjoyed by hundreds if not thousands of people.

Will the Leader agree with me that in such instances whilst the Council may not have a legal obligation to prominently advertise such applications to encourage full public engagement in the planning process, the Council certainly does have a moral obligation and duty of care in the interest of openness and transparency to do so?

Finally, will the Leader agree that officers should in future engage with local members on such applications to ensure that the views of communities have been taken fully into account and that as a matter of Council policy all Wind Turbine applications should be determined by the Council's planning committee.”

Response from Councillor Mayne, Chairman of the Planning Committee

“I would like to thank Councillor Batty for his question.

I’m assuming that Councillor Batty is making specific reference to the application on Land North of Anstey Lane close to Groby.

In that particular case the application was determined in accordance with the Constitution. There is no record of a Council Member calling the matter to Planning Committee, although I understand the Chief Executive is checking why an e-mail sent by you was not received.

In respect of the number of representations received this was below the five required to automatically require the application to be determined by Planning Committee.

Representations were also received from both Charnwood and Blaby Councils, neither of whom objected to the proposal.

The regulations governing the advertising of planning applications are set out in the Development Management Procedure Order 2010.

In respect of a minor application, which this was, the Local Planning Authority must either display a site notice on or near the land to which the application relates or serve notice on any adjoining owner or occupier.

The application that Cllr Batty is specifically concerned about was publicised in accordance with the regulations.

I would accept that there may well be occasions where there needs to be additional consultation over and above the statutory requirements, and there are occasions where that is carried out. 

I would also agree that Members and Officers should work constructively together and given that Members are advised in writing on a weekly basis of applications within their ward there is nothing stopping them being proactive and contacting officers directly to  ...  view the full minutes text for item 426.

Mr Mayor

As at the January meeting of the Council, there is a lengthy agenda tonight, with a number of complex budget and other financial issues for us to determine. Thankfully, these have been set out thoroughly and clearly in the papers before us, so there should be little doubt about the detail, the strategy and the positive future direction of the Council, its services and financial base. However, I do acknowledge that there will be inevitable political debate on these matters, some of which I expect will be robust; although I expect also that there will be much on which we can and will agree.

Since the last meeting of the Council, the Executive has agreed the reductions in the car parking charges for the town centre, which I announced at the January meeting, and these have been very well received by the Town Centre Partnership on behalf of local businesses.

I can tell you also that the Town Centre vacant unit rate, announced at the partnership meeting on 4 February, now stands at its lowest rate for over five years, at 11.15%. This is significantly below the national rate of 14.25%. We are seeing also an increase, described as ‘dramatic’ by the BID Manager, in the number of independent businesses opening in secondary retail locations throughout the town centre.

I am pleased to report also that Greggs, the bakers, have confirmed their commitment to developing a major food production plant on the Sketchley Brook site, which is being developed by Goodmans. This will create up to 300 jobs for the local area. Subject to planning permission, it is expected that the plant could be operational within eighteen months.

Taken together, Mr Mayor, these give a powerful message of hope to the town, contrary to that given by those who seek to peddle doom and gloom and write letters which many local people find extremely insulting. The reality is quite different and I am pleased that this Council, in collaboration with our partners, is able to make that reality happen, as recognised by the Deputy Prime Minister on his recent visit to the town to discuss these very issues with local business people.

The Executive has given its support also for ‘signing up’ to climate Local, a refreshed version of the Nottingham declaration on Climate Change, which the council signed in 2004 and reaffirmed in 2006. Our subsequent Climate change Strategy and Action Plan was adopted in April 2009 and a refreshed version (2011 – 14) has now been implemented. By signing Climate Local, the Council is declaring its ongoing commitment to reducing carbon emissions and responding to changes in the climate within our own operations, services and the local community. The Executive was happy to give those commitments and a Climate Local Action Plan is under development.

The Council continues to play its part on the national stage. The District Councils’ Network last week launched ‘Districts’ Action on Public Health’, which highlights the contributions District Councils  ...  view the full agenda text for item 427.

In his position statement, the Leader referred to the Executive’s recent agreement to reduce car parking charges in Hinckley Town Centre, the commitment of Greggs to developing a major food production plant in the borough, and signing up to ‘Climate Local’.

The Chairman of the Scrutiny Commission presented the minutes of the meeting on 31 January 2013 for information, referring to the finance reports and concern regarding the New Homes Bonus.

Members received a report which publicised the proposed Market Bosworth Neighbourhood Area to enable the preparation of a Neighbourhood Development Plan. In presenting the report, Councillor Bray moved an AMENDMENT to the recommendation to add “that Council delegates authority to the Deputy Chief Executive (Community Direction), in consultation with the Executive Member for Planning and the relevant Ward Member(s) for each stage of the neighbourhood plan making process. The Neighbourhood Development Plan would be brought back to Council once the local referendum has been held for the Council to make the Plan”. The amendment was seconded by Councillor Crooks and accepted.

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

RESOLVED –

(i)         the proposed Market Bosworth neighbourhood area boundary be approved;

(ii)        authority be delegated to the Deputy Chief Executive (Community Direction) in consultation with the Executive Member for Planning and the relevant ward councillor(s) for each stage of the neighbourhood plan making process. The Neighbourhood Development Plan would be brought back to Council once the local referendum had been held.

Members were presented with the final recommendations of the Community Governance Review which had been produced by the cross party working group following two rounds of consultations on Community Governance arrangements. On the motion of Councillor Bray, seconded by Councillor Witherford, it was

RESOLVED – the final recommendations as published in the Community Governance Review report (as in appendix 1 to the report) be approved.

A report was presented which sought approval for re-profiling of the ICT capital budgets to procure the latest version of software at a discounted rate. It was explained that the update was necessary, but it had previously been planned to procure it over a three-year period. It was acknowledged that the financial saving in ‘pre-paying’ for the software would be £20,150. It was moved by Councillor Lynch, seconded by Councillor Gould, and

RESOLVED – the re-profiling of £150,000 from the general renewals and server renewals capital budgets for the next 3 years into the capital budget for 2012.13 be approved in order to achieve £20,150 savings.

The General Fund budget, Council Tax Setting, Housing Revenue Account, Capital Programme and Prudential Code reports were presented, considered and voted upon together (minute 437 below refers).

The General Fund budget, Council Tax Setting, Housing Revenue Account, Capital Programme and Prudential Code reports were presented, considered and voted upon together (minute 437 below refers).

The General Fund budget, Council Tax Setting, Housing Revenue Account, Capital Programme and Prudential Code reports were presented, considered and voted upon together (minute 437 below refers).

The General Fund budget, Council Tax Setting, Housing Revenue Account, Capital Programme and Prudential Code reports were presented, considered and voted upon together (minute 437 below refers).

The General Fund budget, Council Tax Setting, Housing Revenue Account, Capital Programme and Prudential Code reports were presented, considered and voted upon together (minute 437 below refers).

The Executive Member for Finance presented reports on the General Fund budget, Council Tax setting 2013/14, Housing Revenue Account budget 2013/14, Capital Programme 2012/13 to 2015/16 and Prudential Code for Capital Finance Local Authorities setting of Prudential Indicators 2012/13-2015/16 and Treasury Management Strategy 2013/14-2015/16. In presenting the reports he highlighted the maintaining of the budget without impact on frontline services or compulsory redundancies and thanked service managers for their input into the process.

During debate, the following points were raised or discussed:

• Whilst supporting the freezing of Council Tax, concern was expressed about the future challenges and impact on residents when this was no longer possible;
• It was also acknowledged that the implementation of ‘bedroom tax’, the freeze in benefits and commencement of universal credits would further impact on residents;
• Confirmation was requested that expected savings would be realised;
• Some Members expressed concern regarding short term borrowing for the Leisure Centre;
• A Member asked whether the Administration was confident that the bus station development would be delivered as planned;
• The need to increase housing stock was expressed;
• Regarding the Housing Revenue Account, it was stated that money had been transferred from balances to reserves;
• In response to a question it was noted that budget had been factored in to cover housing improvements as well as repairs;
• Representations were made regarding the public toilets in Earl Shilton and the need to re-consider as the current arrangements were not working.

Councillor Bessant requested that his group’s support for the freezing of Council Tax be minuted.

Councillor Lynch, seconded by Councillor Bray, moved that the finance reports be approved. Councillor Bray and five further Members requested that voting on the matter be recorded. The vote was taken as follows:

Councillors Bannister, Bill, Bray, Cartwright, Cope, Crooks, Gould, A Hall, P Hall, Hodgkins, Hulbert, Inman, Lynch, Mayne, Mullaney, Nichols, Taylor and Witherford voted FOR the motion (18);

Councillors Allen, Batty, Bessant, Camamile, Chastney, Lay, Moore, Morrell, O’Shea, Smith and Sprason abstained from voting.

The motion was declared CARRIED and it was

RESOLVED –

(i)         the General Fund service and Special Expenses area expenditure be approved;

(ii)        the proposed movement of General Fund reserves and balances be approved;

(iii)       the Council’s budget requirement be approved;

(iv)       The Council’s total net budget requirement by approved;

(v)        The contribution from Revenue Support Grant and Non Domestic Rates be approved;

(vi)       The transfer of £2,066 from the Collection Fund to an earmarked reserve be approved;

(vii)      The Council Tax for Borough wide services, excluding Special Expenses and Parish Council precepts for Band D be £95.96 and for Borough wide services and an average of Special Expenses Services for Band D be £112.09;

(viii)      The basic amount of Council Tax, being the tax relating to Borough wide services and an average of Special Expenses and Parish Council Services for Band D, be £153.61;

(ix)       The total Council Tax, including amounts for the County Council, Police Authority and Fire Authority  ...  view the full minutes text for item 437.

Since the publication of the agenda, representations have been received and to avoid a clash of meetings it is suggested that the September meeting of the Planning Committee be changed from Tuesday, 17 September to Wednesday, 18 September. This would keep the meetings to the four-weekly schedule and would prevent dates either side having to be changed. Typographical errors in the column headings have also been corrected.

Council received the Calendar of meetings for 2013/14 as amended in the supplementary agenda. On the motion of Councillor Bray, seconded by Councillor Bill it was

RESOLVED – the Calendar of Meetings 2013/14 be approved.

(a)        Motion from Councillor Crooks:

“That this Council requests the Licensing Committee to consider amending the Adopted Statement of Licensing Policy, to contain a clause to the effect that the Council notifies Parish Councils in whose area an application for licensing premises for music & entertainment is received.”

(b)        Motion from Councillor Mullaney

            “Council notes:

1.         That recent energy price rises are expected to force many thousands more households into fuel poverty

2.         That each year more than 25,000 people in England and Wales die due to cold winter conditions

3.         That energy efficiency improvements to homes are the most effective means to take people out of fuel poverty in the medium to long term

4.         That local authorities have a central role to play in alleviating fuel poverty, reducing excess winter deaths and tackling the detrimental health impact of cold homes, with the return of public health responsibilities to local government presenting a significant opportunity.

            Council further notes:

1.         That £4 billion will be raised each year for the next 15 years from the European Emissions Trading Scheme and the Carbon Floor Price

2.         That this funding from carbon taxes could take 9 out of 10 fuel poor households out of fuel poverty if spent on improving the energy efficiency standards of their homes.

            Council resolves:

1.         To support the End Fuel Poverty Coalition's Local Authority Fuel Poverty Commitment

2.         To support the Energy Bill Revolution campaign's call for carbon taxes to be spent on drastically reducing fuel poverty.”

(a)        Motion received from Councillor Crooks, seconded by Councillor Gould:

“That this Council requests the Licensing Committee to consider amending the Adopted Statement of Licensing Policy, to contain a clause to the effect that the Council notifies Parish Councils in whose area an application for licensing premises for music & entertainment is received.”

Upon being put to the vote, the motion was supported.

(b)        Motion received from Councillor Mullaney seconded by Councillor Hulbert:

            “Council notes:

1.         That recent energy price rises are expected to force many thousands more households into fuel poverty

2.         That each year more than 25,000 people in England and Wales die due to cold winter conditions

3.         That energy efficiency improvements to homes are the most effective means to take people out of fuel poverty in the medium to long term

4.         That local authorities have a central role to play in alleviating fuel poverty, reducing excess winter deaths and tackling the detrimental health impact of cold homes, with the return of public health responsibilities to local government presenting a significant opportunity.

            Council further notes:

1.         That £4 billion will be raised each year for the next 15 years from the European Emissions Trading Scheme and the Carbon Floor Price

2.         That this funding from carbon taxes could take 9 out of 10 fuel poor households out of fuel poverty if spent on improving the energy efficiency standards of their homes.

            Council resolves:

1.         To support the End Fuel Poverty Coalition's Local Authority Fuel Poverty Commitment

2.         To support the Energy Bill Revolution campaign's call for carbon taxes to be spent on drastically reducing fuel poverty.”

On discussion of the motion it was felt that the Government should be encouraged to do all it can to support initiatives, and the work of the Scrutiny Commission with regard to fuel poverty was acknowledged. The motion was supported.