Agenda and minutes

Apologies for absence were received from Councillors M Emmens, A Foster, E A Hill, P A Holmes, C D Huckerby and C Hunt. 

Members are requested to declare the existence and nature of any disclosable pecuniary interest and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time. 

Members were requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests in any item on the agenda and withdraw from the meeting at the appropriate time.

Councillors Alex Dale, Alan Powell and Charlotte Cupit declared a pecuniary interest in exempt agenda item 15b – Treasury Mangagement Strategy Update – Whiteleas Development as board members of Rykneld Homes and indicated that they would withdraw during consideration of that item. 

To approve as a correct record and the Chair to sign the attached Minutes of the Council meeting held on 9 September 2019.

RESOLVED – That the Minutes of the meeting of Council held on 19 September 2019 were approved as a correct record and signed by the Vice Chair, as Chair of the meeting.

The Vice Chair, Cllr Pat Antcliff, spoke in the absence of the Chair to offer Cllr Carol Huckerby’s apologies for not being able to attend the meeting.

She reported that the Chair had attended Remembrance Services in Barlow and Chesterfield to mark Remembrance Sunday and the Armistice.  In addition she attended the Council’s local commemoration of the two minutes’ silence.  The forthcoming year would see the seventy-fifth anniversary of D-Day, and Cllr Antcliff reminded all present of sacrifices made by the people of North East Derbyshire in the cause of freedom.

The success of the 61^st Brass Band Festival was reported on which included an additional £125 raised through the Chair’s Charity collection in support of Sheffield Parents Association of Children with Leukemia (PACT).

Thanks were expressed for invitations for which the Chair attended to represent the District, as well as details of forthcoming events over the festive season.

The Leader of the Council, Councillor Martin Thacker MBE JP was invited to speak in reference to the impact of the recent floods within the area and detail a letter he had received from the Secretary of State for Housing, Communities and Local Government in relation to a working definition of Anti-Semitism.

He advised that during the recent floods the Council’s Contact Centres received many calls from residents and business seeking help and advice, with most calls relating to the north of the district.  Streetscene staff worked tirelessly to support local communities with a sandbagging operations filling over 300 bags (10 tonnes).  Despite the efforts of staff to protect Eckington Depot, it flooded in early hours of Friday morning with up to 9 inches of water in some places.  Redirection of services during this emergency period allowed for bin collections to continue to take place as scheduled, and the call centre remained open. 

28 formal road closures were in place with many impassible areas, and NEDDC staff continued to operate with many setting up office at home, or walking miles to work.  Senior officers set up the emergency planning response for the Council and worked with others across the county to coordinate resources.  40 road closures across the County were reported on Friday as well as many flooded properties, and a report of a fatality.  Services were maintained, and the communications team worked hard to ensure all were kept up to date with latest advice and information. 

The Leader advised that DCC had set up a business recovery fund to support those with premises affected by flooding. All members thanked the dedicated staff at NEDDC who supported communities during this difficult period. 

The Leader expressed his deep sadness to learn of the death of Annie Hall as a result of the floods.  He advised that she was an amazing High Sherriff of Derbyshire and a real advocate for the people of this County.  Council expressed their sincere condolences to her husband and family at this distressing time.

The Leader advised all present that he was in receipt of  ...  view the full minutes text for item 340.

To receive a presentation from Tony McIlveen and Lisa Haythorne from the Derbyshire Law Centre.

Members were delighted to welcome Tony McIlveen and Lisa Haythorne from the Derbyshire Law Centre (DLC) who gave a presentation to the meeting in relation to the work to date of the Centre and its future plans.

Derbyshire Law Centre had been running for in excess of 30 years, with NEDDC support for many of those, specialising in legal advice in areas that other organisations did not provide, improving access to justice for disadvantaged groups and individuals throughout the county.

The Centre was reported to have 28 staff working on numerous projects covering areas such as:

·                Immigration

·                A specialist advice line

·                Project funding – for example EU Settlement

·                Debt service

·                Housing

·                Legal Aid

·                Migrant Workers

·                Bi-lingual services for non-English speakers

·                Volunteering and work-experience

11% of the all Centre’s funding was supported by Local Authorities, of which NEDDC was a contributor (£18,500 plus £7,000 specifically for housing projects Per Annum funding, 4% of total funding received).  17% of all enquiries made during the previous year were made by North East Derbyshire residents and 25% of all pursued cases. 

They had worked in partnership with NEDDC to put forward a bid on behalf of 11 districts to keep residents in private rented property, which was won and money awarded.  They had a good working relationship with Rykneld Homes with an established referral process from residents who may benefit from the Law Centre’s Services.

It was queried by Members if an impact would be seen by the DLC as a result of a reduction in capacity of the Derbyshire Unemployed Workers Centre (DUWC), and it was confirmed that partnership working with the DUWC would be affected.

Members were very supportive of the work undertaken to date and the advice given to many North East Derbyshire residents.

In accordance with Council Procedure Rule No 8 to allow members of the public to ask questions about the Council’s activities for a period up to fifteen minutes.  The replies to any such questions will be given by the appropriate Cabinet Member.  Questions must be received in writing or by email to the Monitoring Officer by 12 noon seven clear working days before the meeting.

No questions have been submitted under Procedure Rule No 8 for this meeting.

In accordance with Council Procedure Rule No 8 to allow members of the public to ask questions about the Council’s activities for a period of up to fifteen minutes.  The replies to any such questions will be given by the appropriate Cabinet Member.  Questions must be received in writing or by email to the Monitoring Officer by 12 noon seven clear working days before the meeting. 

No questions have been submitted under Procedure Rule No 8 for this meeting.

In accordance with Council Procedure Rule No 9.2 to allow Members to ask questions about Council activities.  The replies to any such questions will be given by the Chair of the Council or relevant Committee or the appropriate Cabinet Member.  Questions must be received in writing or by email to the Monitoring Officer by 12 noon seven clear working days before the meeting. 

(a)       Question submitted by Councillor Oscar Gomez Reaney to Councillor Charlotte Cupit, Portfolio Holder for Environment & Climate Change

Following this Council’s unanimous declaration of a climate and ecological emergency in July this year, can you provide an update for residents and Cllrs on what progress and actions have been taken so far to progress our agreed climate change action plan? 

(b)       Question submitted by Councillor Ross Shipman to Councillor Charlotte Cupit, Portfolio Holder for Environment & Climate Change

The Liberal Democrats note, with some concern, the investment in new diesel road sweepers despite the Council’s recent declaration of a climate emergency.  We would therefore ask how Councillor Cupit feels that this investment is consistent with the Council’s climate change objectives. 

In accordance with Council Procedure Rule No 9.2 Members were permitted to ask the Chair of the Council or relevant Committee or the appropriate Cabinet Member questions about Council activities. 

Two questions had been submitted by Members under Procedure Rule 9.2 for this meeting.

(a)       Question submitted by Councillor Oscar Gomez Reaney to Councillor Charlotte Cupit, Portfolio Holder for Environment & Climate Change

            Following this Council’s unanimous declaration of a climate and ecological emergency in July this year, can you provide an update for residents and Councillors on what progress and actions have been taken so far to progress our agreed climate change action plan? 

            Councillor Oscar Gomez Reaney was invited to ask his question of Councillor Charlotte Cupit, Portfolio Holder for Environment & Climate Change. 

            Councillor Cupit gave a snapshot of a few examples to show how much work and effort, by officers and Members at all levels, was going into taking this matter seriously and implementing this at all levels wherever possible.

            An example of this was this Council’s recent announcement of a £200k investment in Eckington Leisure Centre to improve its energy and thermal efficiency.   Further, the Authority had been successful in its bids for EV charging points in the district’s town centres, starting with Dronfield.

            The Council’s cross-party Climate Change sub-group had its first meeting to discuss progress and new ideas and was aimed at collaboration rather than criticism.  The next meeting would look at timescales for each of the actions contained within the action plan; also assessing their contribution to reducing carbon footprint and prioritising actions.

            Work was underway with Parish and Town Councils through the Parish & District Liaison and a ‘Parish Council Climate Change Action Pack’ would be available to all residents and parishes soon.

            The first round of EcoSchools grants had been completed which had funded 11 Climate Change projects across the District.  An EcoSchools Conference would be held the following year.

            The Council has recently adopted a wild planting policy, and supported campaigns such as the Northern Forest and Woodland Trust to plant and encourage as many new trees as possible.  New policies were also being developed to encourage new developments to incorporate solar, electric charging points and wildlife corridors and enhancements.

            SUPPLEMENTARY QUESTION 

            In exercising his right to ask a supplementary question of Councillor Charlotte Cupit, Councillor Oscar Gomez Reaney queried whether residents could access information about the work that was happening and if they could get involved and the best way to signpost them to this information?

            Cllr Cupit advised that an intensive communication campaign would be taking place, and directed residents to:

·                everybodystalking.org; and

·                NED’s Healthy Homes Programme

(b)       Question submitted by Councillor Ross Shipman to Councillor Charlotte Cupit, Portfolio Holder for Environment & Climate Change

            The Liberal Democrats note, with some concern, the investment in new diesel road sweepers despite the Council’s recent declaration of a climate emergency.  We would therefore ask how Councillor Cupit feels that this investment is consistent with the Council’s climate change objectives?  ...  view the full minutes text for item 343.

In accordance with Council Procedure Rule No 10 to consider Motions on notice from Members.  Motions must be received in writing or by email to the Monitoring Officer by 12 noon seven clear working days before the meeting. 

(a)       Motion proposed by Councillor Ross Shipman, seconded by Councillor Pam Windley

            “Council notes:-

            The sale and redevelopment of council owned land and the resultant mix of executive homes and affordable housing on such plots.  That a significant number of these properties are outside the affordability of many North East Derbyshire residents. 

            The Liberal Democrats believe that such sales are not in the interests of the residents of North East Derbyshire as they fall significantly short of meeting the needs to existing local residents. 

            Council resolves:-

            That future sales of council owned land for development will only be condition that 100% of the proposed development will be for social and affordable housing”. 

(b)       Motion proposed by Councillor David Hancock, seconded by Councillor Ross Shipman

            “Council notes:-

            The wording of rule 12.13 – Personal Explanation in the Council’s Constitution that there is no provision within the Constitution for Members to correct misleading or untrue statements made about them during the course of a meeting. 

            Council believes:-

            That this lack of provision, however unintentionally, enables misrepresentation of elected Members in Council and adversely impacts on public perception of their elected representatives. 

            Council resolves:-

            That rule 12.13 be amended to:-  A Councillor may make a personal explanation at any time.  A personal explanation shall relate to some material part of any comment made during debate, which:-

(a)     may have been made by the Member and appear to have been misunderstood in the present date.

(b)     to correct any misleading or untrue statement made by any other Member during the present debate. 

            The ruling of the Chair of the Council on the admissibility of a personal explanation will be final”. 

(c)       Motion proposed by Councillor Pam Windley, seconded by Councillor David Hancock

            “Council notes:-

            That there are still a number of business and community premises around North East Derbyshire which lack adequate disabled access.  That a number of these premises are struggling to find appropriate support in accessing grants and funding to enable them to make the appropriate changes. 

            Council resolves:-

            To undertake a review into disabled access and walkways around the District and to work with all relevant stakeholders to make adjustments, where necessary”.   

In accordance with Council Procedure Rule No 10 to consider motions on notice from members.  Motions must be received in writing or by email to the Monitoring Officer by 12 noon seven clear working days before the meeting. 

Three motions had been submitted under Procedure Rule No 10 for this     meeting and were considered in the order submitted.

(a)        Motion proposed by Councillor Ross Shipman

“Council notes:-

The sale and redevelopment of council owned land and the resultant mix of executive homes and affordable housing on such plots.  That a significant number of these properties are outside the affordability of many North East Derbyshire residents. 

The Liberal Democrats believe that such sales are not in the interests of the residents of North East Derbyshire as they fall significantly short of meeting the needs of existing local residents. 

Council resolves:-

That future sales of council owned land for development will only be conditional that 100% of the proposed development will be for social and affordable housing”. 

In presenting his motion to Council, Councillor Ross Shipman made note of a report issued in January 2019 by Shelter which stated the need for 3 Million social and affordable homes to be built over the forthcoming 20 years.  He advised that with only 7000 built within the whole of England during 2019, there was a long way to go to meet this figure and urged Members to support the motion and allow North East Derbyshire to lead the way with this initiative.  The motion was duly seconded by Cllr Pam Windley, who reserved her right to speak.

Cllr Richard Welton opposed the motion on the basis that passing the motion would have a direct consequence to end shared ownership and help to buy/build schemes operated by the Authority.  The Council operated a mixed-tenure scheme to ensure success and sustainability of new housing development schemes for many reasons.

Cllr Nigel Barker supported the principal of the motion, but was aware of the practicalities involved and the needs for mixed-tenure social housing, and therefore indicated his abstention.

Cllr David Hancock expressed his view that adopting the motion would not end shared ownership and help to buy/build schemes as this would be applicable purely on Council-owned land.  He believed that current arrangements did not address the needs of local residents.

On being put to the vote, the motion fell.

(b)        Motion proposed by Councillor David Hancock

            “Council notes:-

The wording of rule 12.13 – Personal Explanation in the Council’s Constitution, that there is no provision within the Constitution for Members to correct misleading or untrue statements made about them during the course of a meeting. 

Council believes:-

That this lack of provision, however, unintentionally, enables misrepresentation of elected Members in Council and adversely impacts on public perception of their elected representatives.

Council resolves:-

That rule 12.13 be amended to:-  A Councillor may make a personal explanation at any time.  A personal explanation shall relate to some material part of any comments made during debate, which:-  ...  view the full minutes text for item 344.

Review of Polling Districts, Polling Places and Polling Places

Council considered a report of the Joint Chief Executive, which set out proposals to consider and approve for the provision of Polling Districts, Polling Places and Polling Stations within North East Derbyshire Council area following a review undertaken in accordance with the Electoral Registration and Administration Act 2013. 

The publication of the Notice of Review was published on 16 August 2019 and the initial consultation period commenced on 19 August 2019 as required by legislation.

The consultation period sought representations from Electors, District Councillors, Members of Parliament, Parish and Town Councils, Political Parties and existing Polling Place contacts. The consultation documents were sent to all stakeholders, including District Councillors, Parish Councils, County Councillors, MPs, MEP’s and other interested parties who had particular expertise in certain fields, for example disability access issues. Following the initial consultation period, the Acting Returning Officer published proposals for Polling Districts and Polling Places on 4 October 2019 with a further deadline of 18 October 2019 for receipt of public comments.

Members gave consideration to the public response to the consultation and the Acting Returning Officers comments and proposals.

RESOLVED that:-

(1)       the final proposals schedule setting out any changes to the designated Polling Districts and Polling Places be approved;

(2)       the Joint Chief Executive be requested to formally publish the Notice of Conclusion of the Review, its findings, the responses from consultees and all other relevant documentation and to write to any households where their polling station has changed in advance of any elections/referendums taking place, including methods of alternative voting arrangements; and

(3)       it be noted that the Electoral Registration Officer will incorporate any changes to the Polling Districts and Polling Places in the revised Register of Electors to be published on 1 December 2019

(a)       Draft Organisational Policy

(b)       LGPS Pension Discretions 2019

Council considered a report of Councillor Alex Dale, Deputy Leader and Portfolio Holder for Council Services, on Mileage and Related Travel Expenses. 

It was explained that the purpose of the policy was to simplify processes and provide clarity, and adhere to legislation and best practice. The policy was approved by SAMT and received comments from Trade Unions and Service Managers. The recommendations put were supported by the Joint Consultative Group for approval by Council

RESOLVED that the Mileage and Related Travel Expenses Policy be approved. 

(a)       Annual Audit Letter 2018/19

(b)       Treasury Management Update

Council considered a report of Councillor Alex Dale, Deputy Leader and Portfolio Holder for Council Services on the proposed policy and approach on the discretions the Council has to make, publish and review under the Local Government Pension Scheme. 

The report set out an update on the decisions that were needed to ensure the Council had procedures in place to deal with the various discretions.  Whilst the common aspect within the Council’s current LGPS discretionary policies was that generally the discretion would not apply, it was necessary to allow for this general approach to be varied should the circumstances of a particular case make this stance inappropriate. When making such decisions, each case would be considered on its own merits and full reasons given for the outcome. 

A list of the discretions was considered by Members, and it was confirmed that these were based on those adopted by Derbyshire County Council.

RESOLVED – that the process and discretions be approved and the Council’s position be publicised in respect of its discretions under the Local Government Pension Scheme. 

Change to the Constitution – Joint Employment and Appeals Committee – North East Derbyshire District Council only appointments – referral by Standards Committee

Council considered a report of Councillor Paul Parkin, Portfolio Holder for Finance, on the Annual Audit Letter in respect of 2018/19 which has been prepared by the External Auditors, Mazars.

The content of the letter was very positive and showed that the Auditors were satisfied that in all significant respects, the Council had put in place proper arrangements to secure economy, efficiency and effectiveness in its use of resources.

RESOLVED – That the report from the External Auditors, Mazars, be noted.

Council considered a report of Councillor Paul Parkin, Portfolio Holder for Finance, which updated Members on the treasury management activities for the period April to September 2019. 

It was advised that the treasury management function covered the borrowing and investment of Council money.  This included both the management of the Council’s day to day cash position and the management of its long term debt.  All transactions were conducted in accordance with the Council’s approved strategy and the CIPFA Code of Practice.  Members noted that good treasury management played an important role in the sound financial management of the Council’s resources.  The appendix to the report detailed the treasury management activities that had taken place between April and September 2019.

The Council’s external treasury advisors, Arlingclose Ltd attended a meeting of the Cabinet on 11 July 2019 to provide and advice and guidance on the Council’s future investment options and these were currently being explored within the confines of the Council’s existing approved Treasury Management Strategy.

RESOLVED that the treasury management activities undertaken during the period April to September 2019 as appended to the report be noted.

Council considered a report of the Chairman of Standards Committee for a mid-year change to the Constitution in relation to Member Panels for interviewing and appointing North East Derbyshire only members of SAMT.

Members were advised that a report had been submitted to Standards Committee on 19 September 2019 in relation to the options for the interview panel for SAMT appointments for North East Derbyshire only appointments.  Recommendations were forthcoming and presented to the meeting and the following wording was agreed for insertion in to the Terms of Reference for the Joint Employment and Appeals Committee:

“Where the Authority determinates to recruit a Head of Service or Director post outside the Strategic Alliance or determines to take any disciplinary action in relation to such a post the Member Panel will be called the Employment and Appeals Committee and will comprise of the four Members of the Joint Employment and Appeals Committee.

The Terms of Reference for the Employment and Appeals Committee will be as for the JEAC with the exception that the appointment or disciplinary process relates to an NEDDC employee only.”

RESOLVED – That the recommendation from the Standards Committee be approved.

To appoint:-

(a)       A Labour Member to the Communities Scrutiny Committee (nominated Member: Cllr J Birkin) as a replacement for Cllr B Hill.

(b)       A Labour Member to the Growth Scrutiny Committee (nominated Member: Cllr N Barker) as a replacement for Cllr J Barry.  

(a)       Communities Scrutiny Committee

            RESOLVED – That Councillor Joe Birkin, as a replacement for Cllr Bette Hill, be appointed to the Communities Scrutiny Committee. 

(b)       Growth Scrutiny Committee  

            RESOLVED – That Councillor Nigel Barker, as a replacement for Cllr Bette Hill, be appointed to the Growth Scrutiny Committee. 

(c)        Planning Committee

            RESOLVED – That Councillor Margaret Jones, as a replacement for Cllr Clive Hunt, be appointed to the Planning Committee.

The Chair to move:-

That the public be excluded from the meeting during the discussion of the following items of business to avoid the disclosure to them of exempt information as defined in Paragraphs 1, 2 & 3, Part 1 of Schedule 12A to the Local Government Act 1972, (as amended by the Local Government (Access to Information) (Variation) Order 2006).

RESOLVED that the public be excluded from the meeting during the discussion of the following items of business to avoid the disclosure to them of exempt information as defined in Paragraphs 1, 2 and 3, Part 1 of Schedule 12A to the Local Government Act 1972 (as amended by the Local Government (Access to Information) (Variation) Order 2006).

(a)       Dedicated Head of Service – Finance and Resources (including Section 151 Officer role)

(Paragraphs 1 & 3)

(b)       Treasury Management Strategy Update – Whiteleas Development

(Paragraph 3)

Council considered a report of Councillor Paul Parkin, Portfolio Holder for Finance, which sought approval to establish the post of HOS – Finance & Resources (including S151 statutory responsibility).  Approval was also sought to disestablish the Joint Head of Service – Finance & Resources post and Chief Accountant post and to appoint a dedicated HOS – Finance and Resourcing (including S151 statutory responsibility) for North East Derbyshire District Council.

RESOLVED – That Council:-

(1)       Establish the post of HOS – Finance & Resources (including S151 statutory responsibility) for North East Derbyshire District Council as set out in the report. 

(2)       Confirm the disestablishment of both the Joint Head of Service – Finance & Resources post and Chief Accountant post as set out in the report.

(3)       Confirm the appointment of Joint Head of Service – Finance and Resources (including the statutory role of S151) for North East Derbyshire District Council as set out in the report.  

(Paragraphs 1 & 3)

Councillor Dispensation

(Paragraphs 1, 2 & 3)

Council considered a report of Councillor Paul Parkin, Portfolio Holder for Finance requesting approval to undertake borrowing to both fund new build properties, and to loan funds to Rykneld Homes to build new properties within the Whiteleas development.

RESOLVED – That Council:-

(1)       Approves the HRA Prudential Borrowing to fund the 19 houses for affordable rent on the Whiteleas development at North Wingfield in 2020/21 as set out in the report. 

(2)       Approves the General Fund Prudential Borrowing for Rykneld Homes to develop 16 shared ownership properties on the Whiteleas development at North Wingfield over two financial years as set out in the report. 

(3)       Approves the General Fund Prudential Borrowing for Rykneld Homes to develop 35 market sale properties on the Whiteleas development at North Wingfield over two financial years as set out in the report. 

(4)       Agrees that the Chief Executive, in consultation with the Leader, Portfolio Holder for Finance and S151 Officer finalise the loan conditions as set out in the report to ensure compliance with State Aid legislation.

(5)       Approves the HRA Scheme as set out in the report for inclusion into the approved Capital Programme. 

(6)       Approves the revised Capital Financing Requirement, Operational Boundary, Authorised Limit and upper limit for service loans as set out in the report.

(Paragraph 3)

Council considered a report of the Joint Head of Corporate Governance and Monitoring Officer, which advised Members of an application by a North East Derbyshire District Council Councillor for a dispensation under the “6 month rule”. 

RESOLVED that Councillor Clive Hunt be granted a dispensation for attending meetings of the Council and it’s Committees for a six month period on medical grounds.

 (Paragraphs 1, 2 & 3)

Council considered a report which had been considered at the meeting of Cabinet on 7 November 2019 updating Members on the Strategic Alliance Management Team (SAMT) review process and recommend changes to the structure for agreement.

RESOLVED that:

(1)            the establishment of the new Director role within the indicative structure for the Strategic Alliance Management Team (SAMT) be endorsed;

(2)            the Chief Executive, in consultation with both Council Leaders, finalise arrangements for the Strategic Directors areas of responsibility giving regard to the proposed indicative areas of responsibility as set out in Appendix 4; and

(3)            Executive receives further reports on any proposed structural changes arising from the realignment of services that report to the new Director role in the delivery of economic growth and development.

 (Paragraph 3)

To consider any other matter which the Chair is of the opinion should be considered as a matter of urgency.

There was no urgent business to be considered at this meeting of Council.