Agenda and minutes

Council observed a minute’s silence as a mark of respect, following the sad death of the Chair of the Council, Councillor Gerry Morley.

Apologies for absence were received from Councillors J Birkin, S Cornwell, K Clegg, M Foster, D Higgon, H Liggett, M Roe, 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. 

Councillor K Gillott declared an interest in item 10, Motion ‘A’, proposed overhead electricity transmission line Infrastructure project as he lived close to the suggested route. The Monitoring Officer had confirmed that this Interest would not prevent him from participating in the discussion of, and determination on the Motion.

Councillor M E Thacker MBE declared an interest in item 7, Social Housing Regeneration Scheme – Stonebroom, as a Member of the Rykneld Homes Limited Board of Directors. He intended not to participate in the Committee’s consideration or determination on this matter.

To approve as a correct record and the Chair to sign the attached Minutes of the Annual Council meeting held on Monday 20 May 2024.

To approve as a correct record and the Chair to sign the attached Minutes of the Ordinary Council meeting held on Monday 20 May 2024. 

RESOLVED – That the minutes of the Annual Council and Ordinary Council meetings held on 20 May 2024 were approved as true and correct records.

The Vice Chair of the Council, Councillor C Smith, gave Members the opportunity to pay their respects and express their condolences following the death of Councillor G Morley, Chair of the Council.

The Leader of the Council, Councillor N Barker, reminded Members of the huge commitment to the community of Clay Cross and the public service as a whole, which had been shown by Councillor G Morley. He had been a Member of Clay Cross Parish Council and served as a Member of North East Derbyshire District Council for 29 years.

The Leader of the Council praised Councillor G Morley, who had been an excellent ambassador for the Council. He had been and was extremely proud when he had been elected Chair for the year. He had looked forward to carrying out this role, supported by his Consort Anne Millington, and the opportunity it would give him to help communities across the District.

On behalf of the Labour Group, Councillor N Barker gave thanks for Councillor G Morley’s commendable life of public service and offered his and the Labour Group’s condolences to his family.

Councillor A Dale expressed the condolences of the Conservative Group to the family of Councillor G Morley on their loss. Councillor A Dale felt that he had a really strong passion for Clay Cross, its community and for the District as a whole. His passing would not just be a loss for Clay Cross but for all of the North East Derbyshire District

Councillor K Rouse expressed her condolences and those of Clay Cross Parish Council, to the family of Councillor G Morley. She made it clear that it was difficult to find words to convey the impact of his loss. Councillor G Morley had always been a beacon of hope in the community, which he had served with tireless dedication. He always went above and beyond the call of duty, and his generosity and compassion had left a mark on all. Councillor G Morley’s positive spirit had inspired everyone. His contributions had been invaluable, and he would be sadly missed.

Councillor R Shipman offered the condolences of the Liberal Democrat Group to the family of Councillor G Morley. He praised the value which he had placed on the importance of service to the community and, and that he had been a huge advocate for Clay Cross and its community.

Councillor M E Thacker MBE expressed his condolences. Councillor G Morley had shown great passion and had been an advocate and a true servant for Clay Cross. He had been a genuinely caring person, who had been willing to seek and give advice. Clay Cross had lost a genuine ambassador for the town.

At the conclusion of these comments the Vice Chair of the Council, Councillor C Smith, thanked Members for their contribution. She asked that the condolences given be collated and then presented to the family of Councillor G Morley.

The Leader of the Council, Councillor N Barker, congratulated the two Members of Parliament elected for the constituencies covering the District, Louise Jones MP, (North East Derbyshire) and Natalie Fleet MP (Bolsover). He thanked the former MPs Lee Rowley, and Mark Fletcher for their work and support which they had given to the District and to their constituents. He wished both of them well for the future.

Councillor N Barker emphasised the role which the Council could play locally in helping to achieve the new Government’s agenda for change. As part of this, he stressed the Council’s commitment to working in partnership with public and private bodies for the benefit of the District and its communities. He gave details of recent meetings which had been held with senior representatives from other organisations. These included the Mayor of the East Midlands Combined County Authority Claire Ward, and the Police and Crime Commissioner, Nicolle Ndweni.

The Leader of the Council reminded Members that the Council’s housing function had been recently inspected by the Regulator of Social Housing and that the  outcome of this inspection would be published by the Regulator in August. Councillor N Barker also explained that good progress continued to be made with the Whiteleas development. Finally, Councillor N Barker informed Council that he had been elected as the new Chair of the of the Derbyshire Strategic Leadership Board.

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 12pm (Noon) twelve clear working days before the meeting.

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

No questions from the public had been received.

Report of Councillor P Kerry, Portfolio Holder for Strategic Leadership and Finance

The reportto Council recommended that additional borrowing be agreed to fund a replacement community building, as part of the wider regeneration scheme at Stonebroom. Members were informed that as the proposed new community building had not formed part of the original scheme costs, additional funding for it would be required. Council heard that Cabinet had agreed to support the inclusion of the new community building in the scheme, subject to the agreement by Council to provide the necessary funding.

The Local Ward Member, Councillor C Cupit, made clear that she supported strongly the regeneration scheme as a whole and for the proposed new community building.

Councillor P Kerry and Councillor N Barker moved and seconded a Motion to approve the recommendations to fund the proposed new community buildings, as set out in the report. The Motion was put to the vote and was agreed.

RESOLVED - That Council:-

1.              Approved borrowing of £0.650m to fund the replacement community building as part of the wider regeneration scheme at Stonebroom.

2.              Approved the inclusion of this addition to the scheme in the Housing Revenue Account (HRA) Capital Programme.

3.              Approved the revised Capital Financing Requirement, Operational Boundary and Authorised Limit as set out in the financial implications of this report.

Report of the Chairs’ of the Business, Communities, Environment and Services Scrutiny Committees

The report to Council by the Chairs of the Scrutiny Committees summarised the work of the Business, Communities, Environment and Services Scrutiny Commissions during the 2023/24 Municipal Year. The report was introduced by the Chair of the Services Scrutiny Committee, Councillor M Smith, who expressed his satisfaction with the progress that had been made in carrying out the new Council Plan focused approach to the work of the Scrutiny Committees.

Council discussed the report. Councillor N Baker asked that further information be provided in the Annual Report about the actions taken or agreed by the Committees. In this context he felt that the report contained insufficient information about the review carried out by the Environment Scrutiny Committee in the procurement and provision of plant-based foods. The Chair of the Environment Scrutiny Committee, Councillor Caroline Smith, explained that text in the Annual Report was only intended to be a short summary. Extensive minutes of the meeting had been prepared, and a report on the Committee’s findings was subsequently submitted to Cabinet. She explained that Cabinet had welcomed the review and agreed the Committee’s recommendations from it.

Councillor A Dale made clear that the Conservative Group members serving the Scrutiny Committees, recognised and welcomed the value of carrying out short ‘Spotlight’ reviews on a wider range of topics. However, his Group felt it was important that a correct balance be struck, so that the Committees had more opportunity to revisit issues and scrutinise them in greater depth than is sometimes now possible.

Councillor S Reed asked that, when possible, information should be provided as part of the agenda, when Business Scrutiny Committee and the other Scrutiny Committees are scheduled to receive presentations on specific topics, so that the Members can then carry out the necessary preparatory work in advance of the meeting.

At the conclusion of the discussion, Councillor Caroline Smith and Councillor N Barker moved and seconded a Motion that the report be note.

RESOLVED - That the Scrutiny Committees Annual Report for the 2023-24 Municipal Year 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 12pm (Noon) twelve clear working days before the meeting.  

Question ‘A’ – Councillor C Cupit to Councillor J Barry, Portfolio Holder for Growth and Assets

Can the Cabinet Member outline what the Council is doing to support start-up and incubator businesses in the District and particularly in Clay Cross?

The Vice Chair of the Council confirmed that one question had been received.

Question ‘A’ – Councillor C Cupit to Councillor J Barry, Portfolio Holder for

Growth and Assets

A question had been submitted by Councillor C Cupit to Councillor J Barry, the Portfolio Holder for Growth and Assets, on how the Council was supporting start-up and incubator businesses in Clay Cross and the District as a whole. The full text of the question from Councillor C Cupit, marked as Question ‘A’ was set out on the agenda for the meeting.

Councillor J Barry thanked Councillor C Cupit for her question. She explained that the Council provided a wide range of advice and support to businesses across the District. This included support provided through national schemes, such as the Small Business Rate Relief Scheme and through the UK Shared Prosperity Fund. It also included support for new businesses provided through the Derbyshire Start Up Programme. Grants were being match funded by 50% and businesses were benefiting from the Shop Front Enhancement Schemes.

The Portfolio Holder stated that the Council provided advice to support new businesses through local job fairs, free training to help meet Environmental Health criteria and by offering rent free periods and flexible leases, at the Coney Green Business Park in Clay Cross. As well as support for new business provided through the Clay Cross Town Deal. Councillor Barry also explained that businesses benefited from the Low Carbon Challenge Fund Grants, and advice on how to improve energy efficiency through the Council’s work in co-operation with the Chamber of Commerce.

Councillor C Cupit thanked Councillor J Barry for her reply. She then asked a supplementary question. Councillor C Cupit asked why start-up businesses were apparently being turned away from renting the new units at Bailey Square in Clay Cross, having been quoted high rents in order to occupy them.

Councillor J Barry made clear that she was not aware of this and confirmed that the Bailey Square Units were intended for use by small businesses. She agreed to provide a written response to Councillor Cupit. A copy of this response was appended to the minutes of the 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 12pm (Noon) twelve clear working days before the meeting. 

Motion ‘A’ - Proposed by Councillor C Cupit

This Council notes the initial proposals by National Grid to install a new 400 kV overhead electricity line between Chesterfield and Willington, which is currently at an informal consultation stage. Council also notes and supports the provision and planning of a secure energy supply for our communities and for the future.

However, Council notes with concern the potential impacts of the proposed new pylon line through North East Derbyshire and particularly the indicative route through some of our District’s most treasured rural landscapes. Council also notes the significant resident objections and concerns over these proposals so far and expressed concerns over the impact the indicative route would have on listed buildings, valued landscape areas and the rural character of our countryside – both during and after construction.

Council therefore resolves for the Managing Director to write, on behalf of the District Council, to National Grid outlining this Council’s concerns and objections to the proposals and urging them to pursue an alternative.

Motion A

Members considered a Motion submitted by Councillor C Cupit asking the Council to explain to National Grid the Council’s concerns and objections to the initial proposals to install a new 400kV overhead electric line between Chesterfield and Willington. The full text of the Motion, marked as Motion ‘A’ was set out on the agenda for the meeting.

With the Agreement of the Vice Chair, the Monitoring Officer raised her concern that if Council decided to oppose the proposed electricity transmission infrastructure project at this first and informal consultation stage, then the Council might in due course find that it had fettered its discretion and could not change its position in response to the formal consultation exercise when the proposals had been finalised.

Councillor C Cupit noted these concerns but felt it important that the Council represent the concerns of the District’s residents at this informal stage before the final proposals had been confirmed.

Councillor C Cupit moved the Motion. She argued that as currently configured, the proposed electricity transmission line would have an adverse impact on the countryside and heritage buildings in the District and on the Visitor Economy. She also highlighted the impact on specific communities which the proposed line would pass close to and the possible impact which the line might have on future planning applications if it resulted in further developments close to the proposed line and facilities. She referred to the extensive concern about the proposal, which had been expressed by local people.

Councillor C Cupit made clear that she recognised the need for electricity transmission infrastructure improvements, but contended that other options would be available, such as the installation of an underground transmission line, which would not have an impact on the District.

Councillor A Dale seconded the Motion and reserved his right to speak.

Councillor D Hancock agreed with the aims of the Motion. He suggested that it be amended to make clear that the Council’s objections were based on the existing information and urging the Company to consult on alternative electricity transmission options, and not just on the use of pylons.

The Leader of the Council, Councillor N Barker made clear that he understood the concerns and objections which had been raised about the proposed transmission line and that the route of the line of pylons would run through the North Wingfield Ward (which he represents on the Council). He felt it important that the views and concerns of local communities be heard, and that the Council should express its views once the proposals had been finalised and the formal consultation had been launched.

In this context, Councillor N Barked noted that Derbyshire County Council had not chosen to submit its own comments at the current informal stage. Councillor N Barker also emphasised the advice of the Monitoring Officer and the dangers to the Council’s position in terms of future consultation if it fettered its discretion by objecting at this informal stage.

To avoid this Councillor N Barker suggested that  ...  view the full minutes text for item COU/40/24-25

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.

Appendix

Min: Coun/39/2/4-25. Written response provided by Councillor J Barry, Portfolio Holder for Growth and Assets, to Councillor C Cupit.

Dear Cllr Cupit

At the July 2024 Full Council meeting you asked if it was correct that businesses were being diverted away from the new Baileys Square.

I have investigated this further with the relevant departments and officers and I am assured that no officer has intentionally advised any new business that we would not discuss potential tenancies with them. If you have an example of where this has happened could you, please give me the details so I can investigate further.

As you are aware we are committed to ensuring that Baileys Square is fully let ta a range of food, drink, and leisure businesses, so we welcome and encourage anyone enquiring about taking up one of the units to contact us for further discussion/information in full confidentiality.

We are mindful of the fact we are bound by Section 123 regulations to maximise the rental income for publicly owned premise so we try to be as flexible and creative as possible when looking at the assistance we can offer (such as offering flexible leases and rent-free period for fit outs), and as you are aware our rents in the main are based on the market value/rate.

We also recognise that some interest may emerge from businesses who are not in the food, drink and leisure sector, in such cases we would seek to discuss their needs and our priorities with them as we may be able to identify opportunities in alternative premises or retain them on a long list should the priorities for businesses, we wish to attract at Baileys Square widens.

I trust this will address your concern but as I stated above if you have evidence to the contrary regarding the units do get back in touch.

Portfolio Holder for Assets and Growth