Agenda and minutes

ANNUAL, Council - Monday, 19th May, 2025 2.00 pm

Venue: Council Chamber, District Council Offices, Mill Lane, Wingerworth, Chesterfield S42 6NG

Contact: Amy Bryan  Email: amy.bryan@ne-derbyshire.gov.uk

Media

Items
No. Item

COU/1/25-26

Election of the Chair of the Council pdf icon PDF 310 KB

Nominations are sought to elect the Chair of the Council for the 2025-26 Municipal Year.

Minutes:

The retiring Chair of the Council, Councillor Christine Smith, sought nominations for the election of a new Chair of the Council for the 2025/26 Municipal Year.  Councillor T Lacey and Councillor N Barker moved and seconded a Motion that Councillor L Hartshorne be elected as Chair of the Council.

 

RESOLVED – That Councillor L Hartshorne be elected Chair of the Council for the 2025/26 Municipal Year.

COU/2/25-26

Address of Gratitude to Members by the Newly Elected Chair of the Council

The newly elected Chair of the Council will thank Members and explain their community engagement and other priorities for the Municipal Year. 

Minutes:

Councillor L Hartshorne, Chair of the Council, stated that he had never expected to ascend to the role of Chair, and noted that this was due to the untimely passing of Councillor G Morley.  He thanked Councillor Christine Smith for stepping into the role of Chair and rising to the task.

 

Councillor Hartshorne stated that he took the responsibility of being Chair of the Council seriously and would represent the Council positively and with fairness.

 

 

COU/3/25-26

Address of Gratitude to the Outgoing Chair of the Council

Thanks will be given to the outgoing Chair of the Council, Councillor Christine Smith, for her service to the Council and the District during the 2024-25 Municipal Year. 

Minutes:

Councillor A Dale noted the significant loss to Council following Councillor G Morley’s death, and that Councillor Christine Smith had stepped up very ably to the role and attended lots of events and supported lots of community groups and championed the district well during her time as Chair.  He also noted that she had chaired Council meetings fairly and congratulated her on the funds raised for local groups.

 

Councillor N Barker noted that Councillor Christine Smith had done very well as Chair, starting in difficult circumstances, and thanked her for all her hard work.

 

Councillor C Lacey stated that Councillor Christine Smith had been a role model to her as a new Councillor and thanked her for her support.

 

RESOLVED – that Councillor Christine Smith be thanked for carrying out the office of Chair of the Council during the 2024/25 Municipal Year.

COU/4/25-26

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors J Birkin, C Cupit, M Emmens, S Fawcett, D Higgon, M Roe, M Smith, K Tait and P Windley.

COU/5/25-26

Declarations of Interest

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. 

Minutes:

There were no declarations of interest.

COU/6/25-26

Minutes of Last Meeting pdf icon PDF 332 KB

To approve as a correct record and the Chair to sign the attached Minutes of the Council meeting held on 3 March 2025. 

Minutes:

RESOLVED – That the Minutes of the meeting held on 3 March 2025 were approved as a true and accurate record.

COU/7/25-26

Appointment of the Vice-Chair of the Council pdf icon PDF 310 KB

Nominations are sought to appoint the Vice-Chair of the Council for the 2025-26 Municipal Year. 

Minutes:

Councillor T Lacey and Councillor N Barker moved and seconded a Motion that Councillor G Baxter MBE be appointed as Vice Chair of the Council for the 2025/26 Municipal Year.

 

RESOLVED – that Councillor G Baxter MBE be appointed Vice Chair of the Council for the 2025/26 Municipal Year.

COU/8/25-26

Composition of the Cabinet pdf icon PDF 114 KB

The Leader of the Council will confirm the appointment of their Deputy Leader and the Cabinet Portfolio Holders for the 2025-26 Municipal Year. 

Minutes:

The Leader of the Council, Councillor N Barker, informed Council of the Cabinet Members and their Portfolios, appointed for the 2025/26 Municipal Year.

 

Councillor N Barker

Leader and Portfolio Holder for Strategic Leadership and Finance

 

Councillor P Kerry

Deputy Leader and Portfolio Holder for Strategic Leadership and Finance

 

Councillor J Birkin

Portfolio Holder for Council Services

 

Councillor J Barry

Portfolio Holder for Growth and Assets

 

Councillor S Pickering

Portfolio Holder for Environment and Place

 

Councillor K Rouse

Portfolio Holder for Health and Leisure

COU/9/25-26

Proportionality of the Council and Appointments to Committees pdf icon PDF 336 KB

Nominations are sought to appoint the Members of Committees and Advisory Groups for the 2025-26 Municipal Year. 

Minutes:

Council considered a report that set out the proposed Committees for the forthcoming year, including their size and terms of reference, and the allocation of seats to political groups in accordance with the Political Balance rules.

 

Councillors A Dale and N Barker proposed that where substitutes were permitted, and had not already been nominated, that all other group members be listed as the substitutes.

 

RESOLVED – that:

 

(1)       the Committees of the Council as set out in the report be retained for the 2025-26 Municipal Year.

 

(2)       the size of the Committees as set out in Appendix 1 to the report be agreed for the 2025/26 Municipal Year, in accordance with the Council Procedure Rules.

 

(3)       the proposed appointments to Committees as set out in Appendix 1 to the report and updated at the meeting be agreed.

COU/10/25-26

Appointment of Chairs and Vice-Chairs of Committees pdf icon PDF 405 KB

Nominations are sought to appoint the Committee Chairs and Vice-Chairs for the 2025-26 Municipal Year. 

Minutes:

Council considered a report on the appointment of Chairs and Vice Chairs of the Council’s Committees for the 2025/26 Municipal Year. 

 

RESOLVED – that the following be appointed to serve as Chair and Vice chairs of the following Committees:

 

Audit Committee

            Chair: Christine Smith

            Vice Chair: David Cheetham

 

            Business Scrutiny Committee

            Chair: Suzy Cornwell

            Vice Chair: Richard Welton

 

            Communities Scrutiny Committee

            Chair: Michael Durrant

            Vice Chair: Graham Baxter

 

            Environment Scrutiny Committee

            Chair: Caroline Smith

            Vice Chair: Frank Adlington-Stringer

 

            Services Scrutiny Committee

            Chair: Mick Smith

            Vice Chair: Richard Spooner

 

            General Licensing Committee

            Chair: Carol Lacey

            Vice Chair: Clive Fletcher

 

            Licensing & Gambling Acts Committee

            Chair: Carol Lacey

            Vice Chair: Clive Fletcher

 

            Planning Committee

            Chair: Lee Hartshorne

            Vice Chair: Tony Lacey

 

            Standards Committee

            Chair: Kevin Gillott

            Vice Chair: Helen Wetherall

 

COU/11/25-26

Schedule of Meetings for the 2025-26 Municipal Year pdf icon PDF 307 KB

Report of the Assistant Director of Governance and Monitoring Officer.

Additional documents:

Minutes:

Council was asked to agree the schedule of meetings for the 2025/26 Municipal Year.  The proposed meeting schedule was attached to the report at Appendix 1.

 

RESOLVED – that the schedule of meetings for 2025/26 be approved.

COU/12/25-26

Appointment of the Council's Representatives to serve on other organisations (Outside Bodies) pdf icon PDF 400 KB

Nominations are sought to represent the Council on External Organisations (Outside Bodies) for the 2025-26 Municipal Year. 

Minutes:

Council considered a report which set out proposed appointments to serve on other organisations (Outside Bodies) for the 2025/26 Municipal Year.

 

Councillor N Barker reported there was one change to the proposed nominations and that was for Councillor Jayne Barry to replace Councillor Kevin Gillott as the representative on the Derbyshire Police and Crime Panel.  Councillor N Barker would be the substitute.

 

RESOLVED – that Council appoint the nominated elected Members to serve as its representatives on other organisations for the 2025/26 Municipal Year.

COU/13/25-26

Review of the Council's Constitution pdf icon PDF 404 KB

Report of the Assistant Director of Governance and Monitoring Officer. 

Additional documents:

Minutes:

Council considered a report which set out the proposed Constitution of the Council for the 2025/26 Municipal Year.

 

The report explained that the Constitution had been revised to both reflect the views of the Standards Committee and to ensure its accuracy.  The main changes agreed by the Standards Committee were set out in Appendix 1 to the report.  A link to the revised draft Constitution had been included in the report.

 

Councillor K Gillott, Chair of Standards Committee, stated that most of the changes were statutory and set out three of the other recommended changes, which were extending the provision of substitutes to other committees, changes regarding planning, and focusing Motions submitted to Council to one topic and 300 words.

 

Councillor K Gillott and N Barker moved and seconded the recommendations in the report.

 

Councillors A Dale and R Shipman raised concerns regarding the proposed change to Motions.

 

Councillor R Shipman and D Hancock moved and seconded an amendment to remove the changes to section 10(2) of the Council Procedure Rules.

 

Councillors H Wetherall and M Thacker MBE spoke regarding the Motion and Amendment.

 

Councillor K Gillott stated that Motions to Council had consequences, and it was important it was clear what action was being proposed.  He also added that if any changes caused problems then they could be reconsidered but he did not see the harm in asking for Motions to be clearly worded.

 

The Amendment was put to the vote and was lost.

 

The original Motion was put to the vote and carried.  

 

RESOLVED – that:

 

(1)       following the review carried out by Standards Committee, the proposed Constitution for the 2025/26 Municipal Year be approved.

 

(2)       Standards Committee be asked to undertake a further review of the Constitution as necessary, as part of its annual work programme for the 2025/26 Municipal Year and to make any recommendations for change to Council, as appropriate.

 

(3)       the Monitoring Officer exercises their delegated powers to make changes to the Constitution arising from any new legislation, administrative errors or conflicts of interpretation during the course of the Municipal Year, in consultation with the Chair of Standards Committee, as appropriate.

COU/14/25-26

Scheme of Delegation pdf icon PDF 313 KB

Report of the Assistant Director of Governance and Monitoring Officer.

Additional documents:

Minutes:

Council considered a report which proposed the Scheme of Delegation for approval. The proposed Scheme of Delegation for the 2025/26 Municipal Year was set out at Appendices 1, 2 and 3 to the report.  It comprised the following extracts from the Constitution:

·         Section 15 – Delegation of Council Functions

·         Section 18 – Proper Officer Provisions – Statutory Functions

·         Section 19 – Specific Delegations to Officers

 

Councillors N Barker and J Barry moved and seconded a Motion to approve the recommendations as set out in the report.

 

RESOLVED – that the Scheme of Delegation be approved.

COU/15/25-26

Operation of Urgency Rules and Thresholds for Key Decisions pdf icon PDF 320 KB

Report of the Leader of the Council.

Minutes:

Council considered a report on the operation of Urgency Rules and the thresholds for Key Decisions.  The report stated that no Key Decisions had been taken using Special Urgency Rules, and it was proposed to keep the financial thresholds for Key Decisions at the same level.

 

Councillors N Barker and J Barry moved and seconded a Motion to approve the recommendations as set out in the report.

 

RESOLVED – that:

 

(1)       it be noted that no decisions had been taken over the past 12 months under Special Urgency rules in the Council’s Access to Information Rules.

 

(2)       it be noted that no decision taken on the past 12 months under the urgency provisions (called General Exception) in the Council’s Access to Information Rules.

 

(3)       the financial thresholds for Key Decisions be kept at £125,000 (Revenue) and £310,000 (Capital).

COU/16/25-26

Chair's Urgent Business

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

Minutes:

There was no urgent business.