Agenda and minutes

Apologies for absence had been received from Councillors L Deighton, P Elliott, A Holmes, C Hunt, K Rouse and L Stone.

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 declared at this meeting.

To approve as a correct record and the Chair to sign the Minutes of the Annual Council meetings held on 18 May 2020.

Councillor J Birkin wished to amend the Minutes to include his attendance.

RESOLVED – That the Minutes of the meetings of the Council held on 18 May 2020 be approved as correct records and signed by the Chair.

The Chair reported thatthe new Dean of Derby, the very Revd Dr Peter Robinson, had taken up his new role at the beginning of July.  The Service of Collation and Installation of the new Dean would be livestreamed from Derby Cathedral on Sunday 19 July 2020.

The Chair, Councillor P Antcliff, stated her sincere appreciation of the dedication, commitment and service that Councillor M Thacker MBE had given over the years.  The Chair said that he had been a beacon of the Council, demonstrating strong leadership skills and a future-focused strategy.  The Chair stated that for her personally, and for many others too, in his role as Leader of the Council, Councillor M Thacker had been a guiding light and had always been there to offer support, guidance and a friendly ear.  He would be a hard act to follow and the Chair wished him every success in any projects he undertook in the future.

Councillor A Dale stated that he had been extremely privileged to have worked alongside Councillor M Thacker as deputy group leader.  He stated that Councillor Thacker had been a member of the Conservative Party for 37 years and had had a long and distinguished career in local politics.  In 2007 he was elected to represent Brampton and Walton Ward for North East Derbyshire District Council and in 2019, Council M Thacker became Leader of North East Derbyshire District Council.  Councillor Dale stated that on behalf of the Council, in particular from the Conservative Group, he wished to thank Councillor M Thacker for everything he had done as Group Leader for the past 9 years and as Leader of the Council since May 2019. 

Councillor N Barker stated that whilst they were in different political parties he still respected what Councillor M Thacker had done as a Leader.  Councillor N Barker added that Councillor Steve Fritchley, Leader of Bolsover District Council, has asked for his thanks and best wishes for the future to be passed on.

Councillor M Thacker MBE stated that he had started life in party politics in 1983 because he had wanted to make a difference.  Councillor M Thacker stated that he was first elected to North East Derbyshire District Council in 2007.  Councillor M Thacker reported that it was with sadness that he stepped down as Leader of the Council, however he had appreciated the support of elected Members from across the chamber as well as from a number of dedicated staff to which he extended a heartfelt thanks.  He stated that he was proud of a number of achievements during his time as Leader, particularly the signing of the Charter for British Sign Language.  Councillor M Thacker went on to state that the Council’s response to Covid-19 had been outstanding and he took pride in all that had been undertaken to make a difference for residents in the District.  Councillor M Thacker stated that this was not retirement for him and he would continue working hard for the residents of the Ward he represented.  Councillor M Thacker thanked all who had passed on messages of kindness and congratulations and whilst he anticipated new challenges he remained just as passionate about politics as he had been in 1983.

Councillor T Reader wished Councillor M Thacker lots of luck  ...  view the full minutes text for item COU/33/20-21

RESOLVED - That Councillor A Dale be elected Leader of the Council for the remainder of the 2020/21 municipal year. 

The Leader will confirm the appointment of their Deputy Leader and their Cabinet Portfolio Members for 2020/21 as set out in the attached document

The Leader advised Council of the appointment of Councillor C Cupit as Deputy Leader of the Council for the remainder of the 2020/21 municipal year. 

The Leader also advised Council of the changes to the Cabinet Members and their Portfolios for the reminder of the municipal year.  This was confirmed as:-

Councillor A Dale

Leader and Portfolio Holder for Overall Strategic Leadership

Councillor C Cupit

Deputy Leader and Portfolio Holder for Environmental Services

Councillor M Foster

Portfolio Holder for Council Services

Councillor J Kenyon

Portfolio Holder for Leisure, Transformation & Climate Change

Councillor P Parkin

Portfolio Holder for Finance

Councillor A Powell

Portfolio Holder for Housing, Communities, and Communications

Councillor C Renwick

Portfolio Holder for Economic Growth

RESOLVED – That Council notes the Deputy Leader and the Cabinet for 2020/21.

The following changes are proposed for consideration

A revised list of appointments to Committees, Advisory Groups and Outside Bodies had been circulated.

Councillor R Shipman reported at the meeting amendments to his Group’s appointments to Planning Committee and Standards Committee.  That Councillor R Shipman replace Councillor D Hancock on Planning Committee, Councillor P Windley replace Councillor R Shipman as the named substitute for Planning Committee and Councillor D Hancock to replace Councillor R Shipman on Standards Committee.

RESOLVED – That the changes to the appointment of Members to Committees, Advisory Groups and Outside Bodies for the remainder of the 2020/21 municipal year be approved.  

To agree the attached changes to Chairs and Vice Chairs of Committees

A revised list of appointments of the Chairs and Vice Chairs for Council and the Committees had been circulated.

RESOLVED – That the changes to the appointment of Vice Chair of the Council and the Chairs and Vice Chairs for Committees for the remainder of the 2020/21 municipal year be approved. 

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 twelve clear working days before the meeting.

Question submitted to Councillor J Kenyon, Portfolio Holder for Transformation and Climate Change from Anne Thoday

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 twelve clear working days before the meeting.  

The following question was submitted to Councillor J Kenyon, Portfolio Holder for Transformation and Climate Change from Anne Thoday

Our UK Government has made a commitment in legislation to achieve net zero greenhouse gas emissions by 2050 (1). If we are to meet this target we need a rapid reduction in the carbon emissions associated with household energy consumption. In a report last year The Committee on Climate Change warned that the UK’s legally-binding climate change targets will not be met without the near-complete elimination of greenhouse gas emissions from UK buildings.

‘New homes should be built to be low-carbon, energy and water efficient, and climate resilient. The costs of building to tight specifications are not prohibitive, and getting the design right from the outset is far cheaper than retrofitting later. From 2025 at the latest, no new homes should be connected to the gas grid. They should be heated using low-carbon energy sources, have ultra-high levels of energy efficiency alongside appropriate ventilation, and be timber-framed where possible. (2)

The key role of planning in reducing greenhouse gas emissions is acknowledged in North East Derbyshire Climate Change Action Plan 2019-2030,(Theme 5) states: 

‘Local authority planning functions are a key lever in reducing emissions and tackling the effects of climate change. The planning process can make a major contribution by shaping new and existing developments in ways that reduce carbon emissions.’

This plan goes on to highlight a new development at The Avenue, Clay Cross as a case study in sustainable living ‘The Avenue is the creation of a new sustainable community balancing urban and environmental design.’

North East Derbyshire Local plan 2014- 2034 includes a requirement that new developments promote energy efficiency to a sustainable level.

Policy SDC12: ‘High Quality Design and Place-Making ‘proposals for development will only be permitted provided that they  . . . j. Include measures to promote environmental sustainability, including those which address energy and water efficiency where practicable and viable to do so;

And ‘Increasing GHG emissions and energy consumption. Use of renewable energy and recycled materials will be encouraged at new development at all stages. New developments will also be more likely to be energy efficient and sustainably designed.’

The Sustainability Appraisal of the North East Derbyshire Local Plan Feb 2018 includes a statement on the role of local authorities in reducing greenhouse gas emissions,

‘10.1.2 Mitigating climate change is a priority in the UK and it is necessary for local authorities to help minimise their contribution to its causes, such as by reducing greenhouse gas (GHG) emissions and energy consumption.

The national and local documents  ...  view the full minutes text for item COU/38/20-21

To consider the Annual Report for the 2019/20 municipal year.

Council considered the Annual Report submitted by the Overview and Scrutiny Committees which provided examples of the work undertaken during the previous municipal year, the current Scrutiny Reviews that were underway, and the plan for the forthcoming year. 

RESOLVED – That the Scrutiny Annual Report 2019/20 be noted.

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 twelve clear working days before the meeting. 

Question from Councillor N Barker to Councillor C Cupit, Portfolio Holder for Environment:-

“Whilst we welcome the fact that the Local Plan has been ‘unpaused’ can Councillor Cupit update the Council as to where we are in the process and give us a timetable as to when the Plan will be adopted?”

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. 

One question had been submitted by Members under Procedure Rule 9.2 for this meeting.

(a)          Question submitted by Councillor N Barker to Councillor C Cupit, Portfolio Holder for Environment:-

“Whilst we welcome the fact that the Local Plan has been ‘unpaused’ can Councillor Cupit update the Council as to where we are in the process and give us a timetable as to when the Plan will be adopted?”

Councillor C Cupit responding to the question referring to recent correspondence that had un-paused the draft plan and started the next consultation, and also to correspondence during March and April 2020, which had rightly delayed consultation due to Covid-19 as it would not have been appropriate or possible to conduct a consultation at that time.  However, Councillor C Cupit confirmed that the initial targeted and technical consultation to update housing land supply had taken place during June 2020 and consultation responses would soon be available on the Council’s website.  The inspector was now considering these responses along with some additional work that had taken place and was then expected to set out the next step for the examination.  The council remained under examination and it was therefore dependent on the inspector to set the timetable and the process.  Councillor C Cupit stated that an update would be added to the website once it was available.

SUPPLEMENTARY QUESTION

In exercising his right to ask a supplementary question Councillor N Barker stated that he was trying to find out a timeline of when the plan would get adopted and asked Councillor C Cupit if she expected the Local Plan to be adopted before the end of 2020?

Councillor C Cupit responded that she would not give a specific timetable as that was up to the inspector and there was still the consultation on the main modifications to undertake but stated that the Council was pushing along with the next stages as quickly as it could.

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 twelve clear working days before the meeting. 

(a)      Motion submitted by Councillor D Hancock

          “Council notes the identification of inconsistencies with adherence to the Equality Act 2010 in its Licensing Policy. 

          Council believes that the diversity of our communities and workplace is a positive; and that all people have the right to live their lives free from fear of discrimination and hate crime. 

          Council further believes that behaviour contrary to the Equality Act is wholly unacceptable and should be punished to the fullest extent. 

          Council resolved to undertake an urgent review of all its policies to identify any similar inconsistencies, and to align all penalties with the maximum level imposed for any single protected characteristic”.

 (b)     Motion submitted by Councillor Ross Shipman

          “Council notes that:

·       Covid-19 has caused unprecedented strain on North East Derbyshire District Council finances due to loss of income from leisure fees and charges and other activity-based services.

·        Measures have been put in place by the leadership team to limit expenditure during the first part of the year.

·        Councillors must lead by example at all times

     Council approves that:

·       North East Derbyshire District Council will not raise the members allowance or special responsibility allowances until 2022”

(c)      Motion submitted by Councillor Pam Windley

          “Council notes:

·       The first class service delivered by its employees and members throughout the Covid-19 emergency

·       That it always strives to improve on its own performance

·       That those individuals and families who are suffering with, or caring for, early stage dementia experienced challenges over and above those faced by many others in our community 

·       That often these early stage cases are not receiving support from GPs or adult social care

          Council resolves:

·       To thank all of our staff and members for their excellent work

·       To proactively support the Chair in her work with Alzheimer’s Research UK by undertaking a district-wide survey to identify the additional support needed by these early stage dementia patients and their families/carers and to use our Health and Wellbeing remit to implement the findings”

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 twelve clear working days before the meeting. 

Three motions had been submitted by Members under Procedure Rule 10 for this meeting. 

(a)             Motion proposed by Councillor D Hancock

“Council notes the identification of inconsistencies with adherence to the Equality Act 2010 in its Licensing Policy. 

Council believes that the diversity of our communities and workplace is a positive; and that all people have the right to live their lives free from fear of discrimination and hate crime. 

Council further believes that behaviour contrary to the equality Act is wholly unacceptable and should be punished to the fullest extent. 

Council resolved to undertake an urgent review of all its policies to identify any similar inconsistencies, and to align all penalties withy the maximum level imposed for any single protected characteristic”. 

Councillor D Hancock reported that he wished to withdraw his Motion in light of correspondence that had taken place today and thanked officers for their work on this matter.

(b)             Motion proposed by Councillor R Shipman

“Council notes that:-

·                         Covid-19 has caused unprecedented strain on North East Derbyshire District Council finances due to loss of income from leisure fees and charges and other activity-based services.

·                         Measures have been put in place by the Leadership Team to limit expenditure during the first part of the year.

·                         Councillors must lead by example at all times. 

Council approves that:

·                         North East Derbyshire District Council will not raise the members allowance or special responsibility allowances until 2022”.

In presenting his motion to Council, Councillor R Shipman stated there were no plans as far as he was aware to raise Councillor Allowances but this was to preempt any attempt to raise such allowances.  Covid-19 had placed unprecedented pressure on the Council’s finances, therefore he believed there should be no consideration of an increase to Councillor Allowances until at least 2022.  Councillor D Hancock seconded the Motion.

Councillor P Windley stated her support for the Motion.

Councillor A Dale stated that local Conservatives had a proud history of campaigning to keep the cost of politics low. 

Councillor D Hancock raised a point of order that under Procedure Rule 12.4 speeches must be directed to the question under discussion.

Councillor A Dale continued, stating that this Motion was not necessary because there were no plans to increase allowances under the current administration and also that Councillors should not be setting their own rate of allowances.  It was for an Independent Remuneration Panel to recommend a Scheme and felt that this was the right process that should continue to be followed. 

Councillor N Barker stated that whilst he had sympathy for what was in the Motion there was also other factors, such as not setting your own pay, which also needed to be considered. 

Councillor S Pickering stated that Councillors pay was independently set and this was the  ...  view the full minutes text for item COU/41/20-21

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 meeting of Council.