Agenda and minutes

To elect the Chair of the Council for the 2019/2020 Municipal Year. 

Conservative Group nomination:  Cllr Carol Huckerby

Other nominations: to be confirmed

One nomination was received for the position of Chair of the Council for the 2019/20 Municipal Year.

            Councillor M E Thacker MBE spoke to Council in support of his proposal for Councillor C D Huckerby to be duly elected as Chair of Council for the ensuing Municipal Year.  

            RESOLVED – That Councillor C D Huckerby be elected Chair of the Council for the 2019/20 Municipal Year. 

To appoint the Vice-Chair of the Council for the 2019/20 Municipal Year.

Conservative Group nomination: Cllr Pat Antcliff

Other nominations: to be confirmed

One nomination was received for the position of Vice Chair of the Council for the 2019/20 Municipal Year.

Councillor M E Thacker MBE spoke to Council in support of his nomination for Councillor P Antcliff to be duly elected to the Vice Chair of Council for the ensuring Municipal Year. 

RESOLVED- That Councillor P Antcliff be appointed Vice Chair of the Council for the 2019/20 Municipal Year. 

Apologies for absence had been received from Councillors L Deighton, J Funnell,           J Ridgway and K Tait.

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 items 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 interest and/or other interest, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

No declarations of interest were made at this meeting.

To approve as a correct record and the Chair to sign the attached Minutes of the Council meetings held on 18 February and 4 March 2019.  

RESOLVED – That the Minutes of the meetings of Council held on 18 February and 4 March 2019 be approved as a correct record and signed by the Chair. 

In addition to the Chair’s announcements a presentation of the monies raised during Councillor Jacqueline Ridgway’s year in office, as Chair of the Council, will be made to her chosen charity, The Chesterfield Royal Hospital Dementia Unit.

The newly elected Chair of Council began her announcements by asking Councillor M E Thacker MBE to read out a message submitted by the former Chair, Councillor J Ridgway.  Councillor M E Thacker MBE advised that over the course of the previous civic year Councillor J Ridgway had relished the opportunity for her to raise money for her charity to support the excellent mental health services provided by Chesterfield Royal Hospital, raising in excess of £4,500, which would go a long way towards buying a distraction unit to help treat dementia patients at the Hospital. 

Councillor J Ridgway had expressed her personal thanks to the team who had supported her throughout the year, along with her Consort, Brian Ridgway, for his support. 

Councillor C D Huckerby thanked all Members present for electing her and undertook to be a fair and even handed Chair and serve the Council to the best of her ability.  Further, she made a presentation to Glyn Wildman from Chesterfield Royal Hospital of a cheque on behalf of Councillor J Ridgway.

RESOLVED - That Councillor M E Thacker MBE be appointed Leader of the Council for the 2019/20 Municipal Year. 

The Leader will confirm the appointment of their Deputy Leader and their Cabinet Portfolio Members for 2019/20 as set out in the attached document.

In accepting the appointment as Leader of the Council, Councillor M E Thacker MBE advised all those present of his intention to uphold campaign promises made during the election, which would include:-

·                 Pausing the Local Plan for a full review for options, along with a listening exercise and a view to protect the Green Belt;

·                 A budget review and a proposal to freeze Council Tax for the 2020/21 financial year; 

·                 A district wide parking review, including a review of enforcement overall to discourage breaches;

·                 Improving transparency of Council meetings (starting today);

·                 Signing up to the British Sign Language Charter;

·                 Exploring new ways to engage with the residents of North East Derbyshire;

·                 Re-signing the Armed Forces Covenant;

·                 Reducing the Council’s emissions and responding to climate change;

·                 Creating a new Council Plan to deliver promises within the Conservative manifesto.

The Leader advised Council of the appointment of Councillor A Dale as Deputy Leader of the Council for the 2019/20 municipal year. 

RESOLVED- That Councillor A Dale be appointed Deputy Leader of the Council for the 2019/20 Municipal Year. 

The Leader advised Council of the changes to the Cabinet Members and their Portfolios for the forthcoming Municipal Year.  This was confirmed as:-

Councillor M E Thacker MBE            

Leader and Portfolio Holder for Overall Strategic Leadership

Councillor A Dale                              

Deputy Leader and Portfolio Holder for Council Services 

Councillor C Cupit                             

Portfolio Holder for Environment & Climate Change

Councillor J Kenyon                           

Portfolio Holder for Business Strategy, Commerce & Assets

Councillor B Lewis                            

Portfolio Holder for Partnerships & Leisure

Councillor P Parkin                           

Portfolio Holder for Finance

Councillor A Powell                           

Portfolio Holder for Communications

Councillor R Welton

Portfolio Holder for Housing

RESOLVED – That Council notes the Cabinet for 2019/20 as attached to the Agenda.

To consider a review of the Council’s Constitution from the Joint Head of Corporate Governance and Monitoring Officer.

Members gave consideration to a report of the Joint Head of Corporate Governance and Monitoring Officer, detailing proposed amendments to the Council’s Constitution as part of the Annual Review for adoption.

New Members were advised that the Constitution was the Council’s Rule Book, setting out how the Council operated and how it was to make its decisions.  Council approved the latest version of the Constitution at the Annual Meeting in May 2018.  Further, the Council was required by law to prepare and keep an up-to-date Constitution, and ensure that all procedures to be followed were efficient, transparent and accountable to local people. 

Under the guidance of the Monitoring Officer, the Standards Committee had undertaken an annual review of the Constitution to ensure that it was up-to-date and in line with legislation.  Each of the areas of review had been set out in detail, along with a rationale for the amendments proposed within Appendix 1 to the report and a track changes version of the Constitution detailing all amendments had been made available to all Members prior to the meeting. 

RESOLVED – That:-

(1)             The amendments to the Constitution detailed at Appendix 1 and set out in Appendix 2 be approved.

Delegated power be given to the Monitoring Officer to make changes to the Constitution arising from any new legislation, administrative errors or conflicts in interpretation.

To decide on the appointment of Members of Committees and Advisory Groups for 2019/20.  The attached document sets out the nominations received to-date.

RESOLVED – That the Council approves the appointment of Members to Committees and Advisory Groups for the 2019/20 municipal year, attached as Appendix A to these Minutes.  

To decide on the appointment of Committee Chairs and Vice-Chairs for 2019/20.  The attached document sets out the nominations received to-date. 

Members gave consideration to a revised list of nominations for the positions of Chairs and Vice Chairs for Committees and no further nominations were received from the floor. 

RESOLVED – That the Chairs and Vice Chairs for Committees for the 2019/20 municipal year attached as Appendix B to these Minutes be approved. 

The attached document identifies those bodies to which the Council may appoint and the number of seats available on each body.  

A revised list of Appointments to Outside Bodies was circulated in hard copy at the meeting and nominations from the floor were received for Councillors C Cupit, A Dale and A Powell to sit on Rykneld Homes Ltd Board. 

A further nomination for Councillor E A Hill was received from the Labour Group and following discussion it was agreed that the Leader of the Council would discuss this further with the Leader of the Opposition outside of the meeting. 

The nominations for Councillors C Cupit, A Dale and A Powell were accepted by vote. 

RESOLVED – That the Appointments to Outside Bodies for 2019/23 be approved. 

In accordance with the Council Procedure Rules, the Annual Meeting is required to approve the Scheme of Delegation.  The attached document sets out the current scheme for adoption. 

Members considered a report of the Joint Head of Corporate Governance and Monitoring Officer, requesting for Council to approve the Scheme of Delegation as outlined in Part 3 of the Council’s Constitution.

The Monitoring Officer advised that it was a requirement under Council Procedure Rule 1.1 of the Council’s Constitution that the Annual Meeting agrees the Scheme of Delegation.  The Scheme also outlined proper officer provisions.  It was noted that the Scheme of Delegation had been amended and set out in the Review of the Constitution report considered earlier in the meeting. 

RESOLVED – That Council’s Scheme of Delegation as set out in the Council’s Constitution be approved.

In accordance with the Council Procedure Rules, the Annual Meeting is required to set thresholds for Key Decisions.  The attached document sets out the existing arrangements for adoption.

Council considered a report of the Joint Head of Corporate Governance and Monitoring Officer, which advised of Decisions taken under Special Urgency Rules in the past 12 months and the revised financial limits for the Key Decisions. 

The Council was required under legislation to report instances where Special Urgency Rules had been utilised in respect of Key Decisions.  This was where it was impractical to give the requisite notice of Key Decisions before they were made. 

Council noted that no decisions had been taken under Special Urgency Rules. 

The Council also had a constitutional requirement to advise of those occasions when it had taken decisions where call-in provisions had been waived.  The Council had not taken any such decisions in the previous 12 months. 

The Council noted that it was a requirement at its Annual Meeting to review the thresholds for Key Decisions.  The current thresholds for Key Decisions were recommended to continue and were as follows:-

·                 Revenue (income, savings or expenditure) £100,000;

·                 Capital (income or expenditure) £250,000. 

RESOLVED – That Council:-

(1)             Notes that no decisions have been taken over the past 12 months under Special Urgency rules.

(2)             Notes that no decisions have been taken over the past 12 months under Urgency provisions in the Council’s Scrutiny Rules.

(3)             Agrees that the financial thresholds for Key Decisions be maintained at £100,000 (Revenue) and £250,000 (Capital).

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 members of the public were allowed to ask questions about the Council’s activities for a period of up to 15 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 from the public had been submitted. 

In accordance with Council Procedure Rule No 9 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. 

No questions have been submitted under Procedure Rule No 9 for this meeting.

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. 

No questions had been submitted under Procedure Rule No 9.2 for this meeting. 

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. 

The following Motions have been submitted under Council Procedure Rule No 10 for this meeting. 

(a)      Motion proposed by Cllr Ross Shipman and seconded by Cllr David Hancock

          “Council notes with some concern the complaints received regarding the inconsistencies in the approval of planning application 18/00056/FL – Erection of 193 dwellings and associated infrastructure (Major Development) (Departure from Development Plan) (Further Amended Plans)(Amended Title) Land to the North and West of the Poplars, Ankerbold Road, Old Tupton. 

          Council also notes the concerns raised by the Liberal Democrats regarding the proposed financial arrangements to fund the proposed development by loaning money to the Northwood Group (a private company with no trading history) to purchase and develop Council owned land; with that same land acting as security. 

          The Council believes that such a decision offers no legitimate protection to the council tax payers of North East Derbyshire and is not a commercially sound proposition.

          Council therefore resolves to withdraw the proposed sale of the greenfield land to the North and West of the Poplars, Ankerbold Road, Old Tupton and further resolves to undertake an independent investigation into the inconsistencies within the planning decision”.

(b)      Motion proposed by Cllr David Hancock and seconded by Cllr Pamela Windley

          “Council notes that residents in all parts of the District experience daily problems over the lack of residential parking; particularly where private driveways are difficult or impossible to site. 

          Council resolves to undertake a strategic review of residential parking problems around the District, prioritising areas where concerns have been raised by residents, and report on practical solutions – such as allocation of parking spaces and development of unused Council owned land to provide off road parking”. 

(c)      Motion proposed by Cllr Pamela Windley and seconded by Cllr Ross Shipman

          “North East Derbyshire District Council notes:- 

(i)     That Members of the public have the right to be able to scrutinise the business of the Council and this should be made as easy as possible. 

(ii)    That all Members are elected to represent the electorate and should remain transparent and accountable to them at all times. 

(iii)    The United Kingdom has a population of 64.1 million (2013) and 89% of this population are active internet users.  38 million people actively use social media and a further 50% of the total population actively use their mobile telephones to access their social media (source: www.thinkdigitalfirst.com)

(iv)   Since January 2014, there has been a 4% growth in active internet users, 6% growth in social media users and 7% growth in mobile users accessing social media (www.thinkdigitalfirst.com)

North East Derbyshire Council resolves that all public meetings and sub-committees (excluding those items held in exemption) are live streamed through all supported media outlets that it currently manages, as well as any future  ...  view the full agenda text for item 17.

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. 

The following Motions had been submitted:-

(a)             Motion proposed by Councillor R Shipman and seconded by Councillor D Hancock

“Council notes with some concern the complaints received regarding the inconsistencies in the approval of planning application 18/00056/FL - Erection of 193 dwellings and associated infrastructure (Major Development) (Departure From Development Plan) (Further Amended Plans)(Amended Title) Land To The North And West Of The Poplars Ankerbold Road Old Tupton

Council also notes the concerns raised by the Liberal Democrats regarding the proposed financial arrangements to fund the proposed development by loaning money to the Northwood Group (a private company with no trading history) to purchase and develop Council owned land; with that same land acting as security.

The council believes that such a decision offers no legitimate protection to the council tax payers of North East Derbyshire and is not a commercially sound proposition.

Council therefore resolves to withdraw the proposed sale of the greenfield land to the North and West of the Poplars, Ankerbold Road, Old Tupton and further resolves to undertake an independent investigation into the inconsistencies within the planning decision.”

Councillor R Shipman moved his Motion, duly seconded by Councillor  D Hancock, who took the opportunity to express his congratulations to those newly appointed to positions on the Council.

Councillor M E Thacker MBE welcomed the Motion put before the meeting, and conveyed the Conservatives’ agreement to the content therein.  In offering amendments to the Motion (as set out below), he pledged to commence a review of the planning decision, but without understanding the implications of withdrawal of the sale of the land, it would be remiss to agree for this to happen prior to the investigation.

AMENDMENT -

“Council notes OBJECTIONS received regarding the ALLEDGED inconsistencies in the approval of planning application 18/00056/FL - Erection of 193 dwellings and associated infrastructure (Major Development) (Departure From Development Plan) (Further Amended Plans)(Amended Title) Land To The North And West Of The Poplars Ankerbold Road Old Tupton

Council also notes the concerns raised by the Liberal Democrats regarding the proposed financial arrangements to fund the proposed development by loaning money to the Northwood Group (a private company with no trading history) to purchase and develop Council owned land; with that same land acting as security.

THE LIBERAL DEMOCRATS believe that such a decision offers no legitimate protection to the council tax payers of North East Derbyshire and is not a commercially sound proposition.

Council therefore resolves to REVIEW the proposed sale of the greenfield land to the North and West of the Poplars, Ankerbold Road, Old Tupton and further resolves to undertake an independent investigation into the inconsistencies within the planning decision.”

Councillor N Barker spoke on behalf of the Labour Group to give assurance that due diligence was given  ...  view the full minutes text for item 17.

To consider the attached report from the Joint Head of Corporate Governance and Monitoring Officer regarding the appointment of an Independent Person. 

Council considered a report of the Joint Head of Corporate Governance and Monitoring Officer, which sought approval to appoint Graham Hudson to the position of Independent Persons to assist the Standards process for a period of four years. 

RESOLVED – That Graham Hudson be appointed as Independent Person to assist with the Standards process until the end of May 2023. 

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

There was no Chair’s urgent business to be considered at this Annual Council meeting. 

NORTH EAST DERBYSHIRE DISTRICT COUNCIL

20 MAY 2019

APPOINTMENT TO COMMITTEES AND ADVISORY GROUPS

COMMITTEES

JOINT COMMITTEES

ADVISORY GROUPS

NOMINATIONS FOR CHAIRS AND VICE-CHAIRS OF COMMITTEES 2019/20

POSITION                    CONSERVATIVE NOMINATION        OTHER NOMINATIONS

Council

Chair                             Carol Huckerby 

Vice Chair                     Pat Ancliff

Audit & Corporate Governance

Scrutiny Committee

Chair                             Mark Foster                                                                   

Vice Chair                     Kevin Tait

Communities Scrutiny Committee

Chair                             Kevin Tait                                                                      

Vice Chair                     Oscar Gomez Reaney

Growth Scrutiny Committee

Chair                             Carolyn Renwick                                                           

Vice Chair                     Anthony Hutchinson

General Licensing Committee          

Chair                             Richard Welton

Licensing & Gambling Acts Committee

Chair                             Richard Welton

Organisation Scrutiny Committee

Chair                             Angelique Foster                                                           

Vice Chair                     Mo Potts

Planning

Chair                             Diana Ruff                                                                     

Vice Chair                     Pat Antcliff

Standards Committee

Chair                             William Armitage                                                                  

Vice Chair                     Diana Ruff      

·           The Chair of the Licensing Sub-Committees will be appointed at each individual meeting of this body.

·           The Vice-Chair of Licensing Committee will be appointed in the absence of the Chair for a specific

 meeting.