Agenda and minutes

Apologies for absence had been received from Councillors P Parkin, M Potts and T Reader.

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 meeting held on 13 July 2020.  

RESOLVED – That the Minutes of the meeting of the Council held on 13 July 2020 were approved as a correct record and signed by the Chair.

The Chair reported that on Sunday 30 August, along with the Vice Chair, she had greeted walkers at the end of a 5.3 mile walk to commemorate the gay rights pioneer Edward Carpenter.  Edward Carpenter lived in Millthorpe for over 40 years from the 1890s.  The Chair thanked Councillor C Huckerby for attending as the Ward Member.  The Chair congratulated everyone who had taken part and raised money for the Derbyshire LGBT+ centre in Chesterfield as well as raising awareness of the life of Edward Carpenter. 

The Chair also reported that at the invitation of Holymoorside and Walton Parish Council she had attended the Parish Service of Commemoration for VJ Day at the War Memorial on 15 August 2020.  This marked the end of the Second World War and remembered those who fought in the Far East. 

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.

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 twelve clear working days before the meeting.   

No questions from the public had been submitted. 

Report of Councillor J Kenyon, Portfolio Holder for Leisure, Transformation and Climate Change.

Council considered a report of Councillor J Kenyon, Portfolio Holder for Leisure, Transformation and Climate Change, on the progress made since May 2019 on the Transformation Programme.

Appendix A to the report summerised the progress across all areas of the Transformation Programme and provided an outline of the future direction of the Transformation Programme following a review identified in the Council’s Recovery Plan. 

Councillor Kenyon stated the Transformation Programme had been started with the aim of transforming how the Council went about its business, to look for cost savings and service improvements as well as emissions reductions.  The transformation was not just about saving money but about flexibility and being able to adapt and this had been put to the test with Covid-19.  Councillor Kenyon hoped the whole Council could be proud of how the organisation had responded and thanked all officers for their work on the transformation programme. 

Councillor Kenyon reported that financially there was a goal to save £2million from 2018 to 2022, which the Council was on track to achieve.  There were currently 69 projects, of which most would continue to deliver savings year on year. 

The Leader of the Council, Councillor A Dale, echoed the comments made by Councillor J Kenyon and thanked staff for their engagement with the transformation agenda. 

Councillor N Barker also thanked staff for all the work during Covid-19, which was still ongoing.  He accept that some progress had been made but there was a lack of detail on how £2million of savings would be made.  With regard to the digital transformation he acknowledged this was the way forward but that caution was needed so nobody would be disenfranchised.  Councillor N Barker also spoke about Vision Derbyshire and a report that was being considered by the Cabinet at Derbyshire County Council to prepare an alternative route for devolution and a case for a single unitary for Derbyshire. 

Councillor A Dale responded that he was committed to Vision Derbyshire as the best way of sustaining a future for the Council but alternative options had to be considered to be prepared for decisions taken by Government and other local councils.  Councillor B Lewis confirmed that the County Council was fully committed to the Vision Derbyshire work but it was important that there was also a backup plan in place.

Councillor J Kenyon stated that he was confident in reaching the £2m savings target and that he shared the concern about disenfranchising people who were not using digital channels and stated that the best way to prevent that was to free up the contact centre by providing digital channels for those who were able to use them.     

RESOLVED – That Council notes the progress made to date on the Transformation Programme. 

(Head of Paid Service)

Report of Councillor J Kenyon, Portfolio Holder for Leisure, Transformation and Climate Change.

Council considered a report of Councillor J Kenyon, Portfolio Holder for Leisure, Transformation and Climate Change, which provided an update on actions and initiatives that the Council had undertaken in order to meet its climate change objectives. The update was based on the themes of the Climate Change Plan:

·                     Theme 1 – Sustainable Buildings and Workplaces

·                     Theme 2 – Renewable Energy

·                     Theme 3 – Low Carbon Fleet

·                     Theme 4 – Transport

·                     Theme 5 – Planning

·                     Theme 6 – Community Collaboration

·                     Theme 7 – Biodiverstiy

·                     Theme 8 – Procurement

Councillor J Kenyon highlighted some key areas from the report, including that adapting to Covid-19 had reduced the Council’s emissions by over 100 tonnes and the digital transformation was about supporting this work, so that many of the efficiency gains could be maintained.

The Leader of the Council, Councillor A Dale, echoed the comments made by Councillor J Kenyon and thanked staff for their engagement with this agenda.

Members discussed the report.  A query was raised about the climate change pack for Parish Councils and Councillor J Kenyon confirmed that this had been sent out to all parishes. 

RESOLVED – That Council notes the update. 

(Head of Paid Service)

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.

The following questions have been submitted:-

(a)             Question submitted by Councillor N Barker

Can the Leader update the Council on how the COVID crisis has impacted on the financial position of the Council and Rykneld Homes, with special reference to their Capital programmes?

(b)             Question submitted by Councillor J Barry

Can the Leader summarise what the District Council did to commemorate VJ day?

(c)             Question submitted by Councillor M Jones

Food drop offs have ceased just at a point where more people are out of work and unable to feed themselves and their families.  The food parcels that the Council put together helped a great many people and to stop it now when numbers of COVID 19 are on the rise in NEDDC seem illogical. Can the leader enlighten us as to why this has happened and what reasons are behind it?

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. 

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

(a)       Question submitted by Councillor N Barker

Can the Leader update the Council on how the COVID crisis has impacted on the financial position of the Council and Rykneld Homes, with special reference to their Capital Programmes? 

Councillor A Dale responded that the pandemic was having a detrimental impact on the current year’s budget and cash flow.  The main concern was the lost income from fees and charges.  The Council had received a grant from Government totaling £1.2m, which had been very welcome and the Government income compensation scheme for lost fees and charges was expected to help to cover some of the forecasted income losses.  At the start of the national lockdown budget controls had been quickly put in place to limit expenditure to essential items only and the capital programme was paused to protect the cash flow position.  Projects had recommenced as soon as was practicable.  In May work on the housing capital programme had recommenced and Rykneld Homes had accelerated work on the external major work programme.  Councillor A Dale stated that collection rates had been better than forecasted, and at the end of August 2020 Council tax was down 1.5% on last year, business rates were down by 4%, and rental income was just 1.4% lower than the same period last year.  The budget position would continue to be monitored and a process to revise the budget was already underway.

Councillor A Dale added that the position of Rykneld Homes was strong and enabled full housing services to be provided to customers and budgets were currently being reviewed to ensure the post-covid business recovery plan could be delivered.

            SUPPLEMENTARY QUESTION 

In exercising his right to ask a supplementary question Councillor N Barker asked for reassurance regarding Whiteleas Avenue.

Councillor A Dale responded that he was also keen to see progress and the current plan was to start consulting with residents in October 2020.  Following that a revised delivery programme would be developed, with a view to be on site in late Spring 2021.

(b)       Question submitted by Councillor J Barry

Can the Leader summarise what the District Council did to commemorate VJ Day? 

Councillor A Dale responded that the Council had originally intended to host one community event to commemorate VJ Day, in addition to the two events planned in Clay Cross and Killamarsh for VE Day.  When the national VE day programme of events was cancelled by the Queen’s Pageant Master due to Covid-19 it had been hoped to reschedule these events to the 15 August.  This had not been possible as the national guidance was that large scale outdoor gatherings should be avoided wherever possible and the Queen’s Pageant Master had also advised against holding large events for VJ  ...  view the full minutes text for item COU/50/20-21

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 concerns raised by numerous ward members, residents and the Planning Committee questioning the content of responses submitted by the Highways Authority.

Council believesthat, as a responsible planning authority, it has a duty to everyone to ensure that development is sustainable and that all planning decisions should be robustly determined; and that it should have full confidence in the information it is provided with as part of that process.

Council resolves to raise the significant concerns, with Derbyshire County Council Highways, of elected members and the public regarding the accuracy of their responses to consultations and, what would appear to be, numerous failings to include the cumulative impact of other proposed development (as required in the National Planning Policy Framework)”.

(b)                Motion submitted by Councillor R Shipman

“Council notes the extent of new development in North East Derbyshire, both speculative and in line with the draft Local Plan.

Council believes that all planning decisions should be robustly enforced.

Council resolves to increase the capacity of the planning enforcement team”.

(c)        Motion submitted by Councillor N Barker

The Labour Group has concern that on the 6 August 2020, the Government published a White Paper entitled ‘Planning for the Future’ with the aim of ‘slashing red tape and accelerating house building’. 

With this in mind with regards to responding to the consultation we request that the Council resolves to:-

Respond to the consultation highlighting the Councils concerns that

·             The proposals will give central Government the powers to set arbitrary housing delivery numbers for each authority.

·             They will remove the opportunity for communities to comment on individual planning applications.

·             They could lead to unregulated development and as such could be a precursor to what some have termed a ‘slum charter’.

·             The removal of Section 106 and CIL’s could lead to less affordable houses being built and the prospect of embedding regional inequalities.

(d)        Motion submitted by Councillor P Windley

Council notes the recent proposed changes in the government’s white paper Planning for the Future. These include handing powers away from Development Management Committees and to government run development corporations and a further expansion of permitted development rights, including the right for developers to build upwards without planning permission.

Council believes that the government’s current National Planning Policy Framework seriously constrains council’s powers to insist that developers provide affordable housing or infrastructure such as schools, GP surgeries or improved public transport in new development.

Council resolves for the Leader of the Council to write to the Secretary of State for the Ministry of Housing, Communities and Local Government to reform planning rules to give local councils more power to:-

·             Insist on improved infrastructure with new developments;

·             Challenge viability assessments that  ...  view the full agenda text for item COU/51/20-21

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 proposed by Councillor D Hancock

“Council notes the concerns raised by numerous ward members, residents and the Planning Committee questioning the content of responses submitted by the Highways Authority.

Council believes that, as a responsible planning authority, it has a duty to everyone to ensure that development is sustainable and that all planning decisions should be robustly determined; and that it should have full confidence in the information it is provided with as part of our process. 

Council resolves to raise the significant concerns, with Derbyshire County Council Highways, of elected members and the public regarding the accuracy of their responses to consultations and, what would appear to be, numerous failings to include the cumulative impact of other proposed development (as required in the National Planning Policy Framework)”.

In presenting his Motion Councillor D Hancock stated that this was an issue experienced with many planning applications.  The responses received from Derbyshire County Council Highways Authority, as a statutory consultee, were often non-committal and lacked accurate data. 

Councillor R Shipman seconded the Motion and stated that the reports received were not what was required for a planning committee to properly consider the applications.

Councillor N Barker proposed an amendment to the Motion as follows:-

AMENDMENT

“Council notes the concerns raised by numerous ward members, residents and the Planning Committee questioning the content of responses submitted by the Highways Authority.

Council believes that, as a responsible planning authority, it has a duty to everyone to ensure that development is sustainable and that all planning decisions should be robustly determined; and that it should have full confidence in the information it is provided with as part of our process. 

Council resolves to raise the significant concerns, with Derbyshire County Council Highways, of elected members and the public regarding the accuracy of their responses to consultations and, what would appear to be, numerous failings to include the cumulative impact of other proposed development (as required in the National Planning Policy Framework) to refer this to the relevant scrutiny committee for consideration”.

The amendment was seconded by Councillor J Barry, stating that this needed to be considered by a scrutiny committee so the issue could be moved forward.  The south of the County had a large number of upcoming developments and there was a poor infrastructure in relation to highways, which needed to be addressed.

Councillor C Cupit stated that she understood the concerns that had been raised but that this Motion was not the correct way to deal with those concerns.  In order for Highways to object to a proposal the impact had to be demonstrably severe, which was difficult to illustrate, and it was still important that Ward Councillors raised particular issues and provided local knowledge.  She suggested that Councillors could continue  ...  view the full minutes text for item COU/51/20-21

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.