Agenda and minutes

Apologies for absence were received from Councillors S Pickering, L Stone, K Tait and L Hartshorne.

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 A Dale raised an interest in Item 16 – Northwood, as a former Director of Northwood Group. He indicated that he would remain in the meeting and participate in Council’s deliberations and determination on the item.

To approve as a correct record and the Chair to sign the attached Minutes of the Council meeting held on 25 September 2023.

Council considered the minutes of the last meeting of Council on Monday 25 September 2023.

Further to Minute: COU/42/23-24 Councillors A Dale and M Foster sought clarification from the Leader of the Council on whether the Minutes of the Local Plan Review Working Group would be published.

The Leader of the Council, Councillor N Barker, explained that the arrangements for reporting on the work of the Group would be explained later on in the meeting.

RESOLVED – That the Minutes of the meeting held on Monday, 25 September 2023 were approved as a true and accurate record.

The Chairman of the Council, Councillor M E Thacker MBE, reflected on the remembrance events that he had attended on behalf of the Council. These included the Fellowship of the Services Festival of Remembrance at the Winding Wheel, the Old Contemptables Annual Service of Remembrance organised by the Chesterfield & District Combined Ex-Services Association and a Memorial Service held at the Chesterfield Football Club to which deaf children were invited to attend, accompanied by a British Sign Language Interpreter.

Members heard that the Chairman had laid two wreaths on behalf of the Council, one at the Parish Rooms Memorial Wingerworth on Armistice Day (11 November) and a second at the war memorial in Holymoorside on Remembrance Sunday (12 November).

The Chairman of the Council then informed members of his other activities throughout the previous month. These included his attendance at the 41st Diwali Celebrations organised by the Asian Association of Chesterfield and North East Derbyshire, opening a new business in Dronfield and representing the District at the Lord Lieutenant’s tree planting ceremony as part of the late Queen’s Green Canopy project.

Councillor M E Thacker MBE paid tribute to those Members that had supported his fund-raising events on behalf of Ashfield Hospice. In particular, he gave special thanks to Councillor J Barry for organising a race night.

RESOLVED – That Council noted the announcements of the Chairman of the Council, Councillor M E Thacker MBE (by acclamation).

The Leader of the Council, Councillor N Barker, expressed his deep sadness at the loss of life which had occurred nationally, and the great hardship to residents across the District caused by Storm Babbet.

Members heard about the major progress which had been achieved on the Clay Cross Town Deal. In this context he explained that an important planning application had been approved, which would now allow work to begin on a range of specific development projects. The Leader of Council reiterated his commitment to ensure that the Town Deal benefited the residents and businesses of Clay Cross.

The Leader of the Council informed Members that he had visited all of the Leisure Centres across the District. He praised the work of the staff and in particular, he   congratulated those at Eckington Leisure Centre who performed lifesaving cardiopulmonary resuscitation CPR on a customer.

Councillor N Barker explained that the Council continued to deliver on its commitment, as set out in the new Council Plan. These included more social and affordable houses in the District and taking enforcement action against those letting out properties which were not fit for occupation. He highlighted the work of the Council’s Environment Service. This enforcement action taken by the Service would form part of a programme to be screened on the BBC.

Councillor N Barker informed Council that he and the Managing Director had met with the Chair and Chief Executive Officer of the Derby and Derbyshire Integrated Care Board to discuss how the NHS and the District Council could work together to improve the health and wellbeing of residence. He also explained the work to establish a Strategic Leadership Team for the New Derbyshire Combined Authority. A report on this, he explained, would be presented to the next meeting of Council.

RESOLVED – That Council noted the announcements of the Leader of the Council, Councillor N Barker (by acclamation).

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 pm (noon) twelve clear working days before the meeting.

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

There were no questions from the public.

Report of the Managing Director and Head of the Paid Service

The report of the Managing Director asked Council to approve the final polling scheme for Polling District and Polling Places for North East Derbyshire.

Members were informed that under section 18C of the Representation of the People Act 1983, the Council was required to carry out a review of the Polling District and Polling Places. The Notice of Review was published on 2 October 2023 and ran until 30 October 2023. A total of 15 submissions were received during the initial consultation period. Five of these were in support of the continued use of the polling place/station. The remaining ten submissions were opposed to using one polling place/station. In this context, Councillor K Gillott objected to the use of Parkhouse Primary School within his ward of Pilsey and Morton.

At the conclusion of the discussion. Councillors N Barker and J Barry proposed and seconded a motion to approve the recommendations as contained within the report.

The motion was put to the vote and approved.

RESOLVED –

• That the Council approved the final proposals schedule setting out any changes to the designated Polling Districts and Polling Places
• The Managing Director and Head of Paid Service be requested to formally publish the Notice of Conclusion of the Review, its findings, the responses from consultees and all other relevant documentation and to write to any households where their polling station has changed in advance of any elections/referendums taking place including methods of alternative voting arrangements.
• That Council noted that the Electoral Registration Officer will incorporate any changes to the Polling Districts and Polling Places in the revised Register of Electors to be published on 1 December 2023.

Report of the Deputy Leader of the Council and Portfolio Holder for Strategic Leadership and Finance

The report to Council provided an update on Treasury management for the period April to September 2023.

Members heard that in January 2023, the Council approved the 2023/2024 Treasury Management Strategy including adoption of the updated Chartered Institute of Public Finance and Accountancy’s amended Treasury Management in the Public Services: Code of Practice (the CIPFA Code). The Code requires the Council to approve treasury management semi-annual and annual outturn reports, a practice that the Council has followed for many years.

Council was informed that the Code now required that monitoring of prudential indicators be included as part of the reporting process, these are included in Appendix Two to the report.

Councillors P Kerry and N Barker moved and seconded a motion to approve the recommendations as contained within the report.

The motion was put to the vote and approved.

RESOLVED – That Council noted the treasury management activities undertaken during the period April to September 2023 as outlined in Appendix One to the report.

Report of the Assistant Director of Governance and Monitoring Officer

The report to Council set out the proposed changes to the Council’s Constitution relating to speaking at Planning Committee.

Council was informed that Standards Committee had assessed the arrangements for public participation at Planning Committee at its meeting on 27 July 2023. The Committee was advised that reducing the number of those who could register to speak on Applications would not hinder Members of the Planning Committee in determining on Applications as they would still be able to receive and take into account written representations and comments from those who supported and objected to Applications.

Members heard that the Standards Committee had agreed to propose a revised text of Section 16.1 of the Members (Councillors) Planning Rules. Included in this revised text was to allow the following to speak at Planning Committee: Local Ward Members, the Member of Parliament, the Agent and Applicant, three additional speakers against an Application and three additional speakers in favour of an Application.

The Standards Committee had also proposed that the Chair of the Planning Committee would be able to consider additional requests to speak on a case-by-case basis.

Council considered the report and the proposed changes. Councillor D Hancock argued that the issue wasn’t with the number of speakers but with the repetition of the same arguments. He suggested that Standards Committee should look into how the meetings were Chaired and ensure that speakers were able to present a united and cohesive approach.

Councillor C Cupit thanked Standards Committee for looking into the matter. She argued that it was important for local residents to be able to speak at Planning Committee and that this should remain as open and accessible as possible. She argued that registering speakers on a “first come first served” basis would be unfair and would deter residents from registering to speak.

Councillor M Foster contended that the number of speakers at Planning Committee does not have an adverse effect on the length of the meeting as a whole. He felt that any repetition of arguments or points should be addressed by the Chair.

Councillor A Dale raised concerns over allowing ward Members to speak on Applications within their ward as a single Member ward would not be allocated as many speakers as a three-Member ward. He also suggested that the approach placed pressure on the Chair to decide if an application was contentious enough to allow more speakers.

Councillor R Shipman agreed with the points that had been previously raised and suggested that it should be the role of the Chair of Planning and not the Constitution of the Council to manage speaking during the meetings.

Councillor K Gillott spoke in favour of the recommendations contained in the report. He argued that the proposals addressed many of the concerns that had previously been raised by Members and that as a quasi-judicial Committee, it was important for Planning Committee to have a set of rules to guide them and ensure fairness. He reiterated that many other local authorities have rules  ...  view the full minutes text for item COU/54/23-24

Report of the Assistant Director of Governance and Monitoring Officer

The report outlined the proposed appointments of Members to serve as the Council’s representatives on additional (Outside Bodies) for the 2023/24 Municipal Year.

Members heard that following a review, several organisations indicated that they would like the Council to appoint representatives to them. The Leader of the Council has proposed that the following should serve in this capacity:

·       Age Concern – Councillor D Skinner

·       Eckington Over Sixties Club – Councillor K Clegg

·       Ford Angling Club – Councillor T Lacey

·       Volunteer Centre – Councillor N Barker to serve in place of Councillor C Gare

Councillors N Barker and J Barry proposed and seconded a motion to approve the recommendations as contained within the report.

The motion was put to the vote and approved.

RESOLVED – That:

• That the proposed appointments to the named Outside Bodies as set out in Section 1.3 of the report be approved.
• That these appointments continue until Annual Council in May 2024

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 pm (noon) twelve clear working days before the meeting. 

The following question(s) have been submitted:-

Question ‘A’ – Councillor K Gillott to Councillor N Barker, Leader of the Council

On the 20 October residents of the Windermere Road area of Clay Cross suffered catastrophic flooding of their homes as a result of Storm Babet.  Many now face the prospect of being unable to live in their homes for several months, along with huge financial costs and emotional trauma.  Can the Leader of the Council tell Members what action this Authority took to help residents to deal with the crisis?

Question ‘B’ – Councillor M Foster to Councillor N Barker, Leader of the Council

Following the Leader’s commitment at the last Full Council meeting, can he confirm when and how will the minutes or notes of the council’s working group meeting on the Local plan be made available to all members and the public?

Question ‘C’ – Councillor C Cupit to Councillor N Barker, Leader of the Council

Would the Leader of the Council outline his administration's views regarding untidy and unfinished plots of land in the District? 

Question ‘D’ – Councillor A Dale to Councillor N Barker, Leader of the Council

Will the Leader of the Council please confirm the administration’s current intentions with regard to the paused Parking Strategy and what is to happen with the HRA budget allocation of £280k pa to support parking improvements in estates where the Council is the principle and primary owner of properties?

The Chairman of the Council confirmed that four questions had been received.

Question A – Councillor K Gillott to Councillor N Barker, Leader of the Council

A question had been submitted by Councillor K Gillott to Councillor N Barker, Leader of the Council on what action the Authority has taken to help residents deal with the catastrophic flooding of their homes as a result of Storm Babet. The full text of the question from Councillor K Gillott, marked as Question ‘A’, was set out in the agenda for the meeting.

The Leader of the Council reiterated his sadness over the loss of life as well as the impact which the flooding had on people and property in the District. Councillor N Barker went on to explain that the District had received an unprecedented amount of rainfall with the Meteorological Office recording that the three day period was the wettest on record for the region. 185 homes and 10 businesses had been flooded in the District with Clay Cross, Shirland, Wingerworth, Eckington and Renishaw all being badly affected.

Council was informed that the depot at Eckington had been flooded leading to damage to the building and equipment. Councillor N Barker gave thanks to staff that worked over the weekend to clear the depot and ensure that the Street Scene were able to complete their rounds on Monday.

The Leader explained the partnership working which had taken place across Derbyshire to help people and communities affected by the floods. As part of this, he highlighted how the Council had supported residents by offering practical help by distributing sandbags and signposting to those other agencies that could offer assistance.

Council learned that after the weekend, senior officers visited the worst affected areas and the contact centre made over 100 welfare calls to residents. Staff and vehicles were also made available for the Derbyshire wide recovery effort and engineers carried out inspections on the worst affected areas in order to identify any immediate work required. The Council had also issued £44,000 in grants and offered council tax relief to over 100 households.

Councillor K Gillott gave thanks to the Managing Director and all staff that had worked on the recovery effort. He asked the Leader what measures would be put in place to ensure that this does not happen again and will he ensure that the Authority takes a leading role in the investigation that will take place following the incident.

Councillor N Barker responded that the Council would be reviewing all of the emergency planning incident responses, that they would be working alongside the flood authority as well as other partners across the County to launch a flood prevention scheme. In this context, the Leader explained that the Managing Director had written to County Council to ask that consideration be given to the creation of a north Derbyshire prevention group.

Question B – Councillor M Foster to Councillor N Barker, Leader of the Council

A question had been submitted by Councillor M  ...  view the full minutes text for item COU/56/23-24

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 pm (noon) twelve clear working days before the meeting. 

The following Motions have been submitted:-

Motion ‘A’ – Moved by Councillor F Adlington-Stringer

North East Derbyshire District Council urges the UK Government to officially recognise:

·             Palestine as a sovereign state, alongside that of Israel;

·             East Jerusalem, the West Bank, the Golan Heights and Gaza as illegally occupied by Israel.

This Council commits to using its power to:

·             Combat all forms of discrimination, including anti-Palestinian racism, anti-Semitism and Islamophobia, in our District.

This Council resolves to request the Managing Director and Head of Paid Service submit this motion in full to the Government of the United Kingdom in order to appeal for:

·             An immediate ceasefire (with the United Kingdom voting accordingly at the United Nations) as part of a move towards a politically negotiated solution;

·             Condemnation of all the acts of violence directed towards innocent civilians;

·             The upholding of international law at all times and the strongest possible condemnation of all war crimes and other proven breaches.

The passing of this motion demonstrates that it is possible to maintain solidarity with both the Jewish and Palestinian communities, at home and abroad. This Council is committed to serving all of its residents, regardless of their background, race, religion, or other identifying traits. North East Derbyshire District Council is proud to join the calls of residents across our District in demanding an end to such abhorrent violence.

Motion ‘B’ – Moved by Councillor C Cupit

Council notes that North East Derbyshire District Council has an adopted and up-to-date Local Plan. Council also notes that Local Plans are the main planning framework for an area but that many local authorities expand their planning policy by adopting Supplementary Planning Documents to support their Local Plans and cover specific issues in more detail. This could include more guidance for residents, businesses and applicants on our District's views on emerging planning issues such as:

·             Expansive solar farms;

·             Energy efficiency, wildlife enhancements and other Climate Change mitigation measures; 

·             Supporting a variety of uses and classes to enhance our town centres; 

·             Ensuring there is sufficient car parking provision on both new developments and in town centres. 

Council therefore resolves to establish a politically-proportionate Planning Policy Steering Group of elected members to consider the development of Supplementary Planning Documents to support the Council's decision making with regards to planning applications on relevant issues, including those above. 

Motion ‘C’ – Moved by Councillor A Dale

Council notes that the new administration has paused the Parking Strategy subject to a review. While it is accepted that it is the prerogative of any new administration to review any strategy, Council is concerned that the authority should continue to seek to tackle parking issues where it has the control and power to do so, namely on areas of land which the Council own in  ...  view the full agenda text for item COU/57/23-24

MOTION ‘A’

A motion submitted by Councillor F Adlington-Stringer related to the current conflict in Gaza. The full text of Councillor F Adlington-Stringer’s Motion, set out as Motion ‘A’ was included on the agenda for the meeting.

Councillor Adlington-Stringer spoke in support of the Motion. As the motion was not seconded Council did not debate or determine on it.

MOTION ‘B’

Members considered a motion submitted by Councillor C Cupit, which called on Council to establish a Planning Policy Steering Group to consider the development of Supplementary Planning Documents (SPDs). The full text of Councillor C Cupit’s Motion, set out as Motion ‘B’ was included on the agenda for the meeting.

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

Councillor N Barker spoke against the motion. He argued that there were likely to be changes made to the local plan making process over the next 12 months and as a result, any work done on the SPDs would be largely wasted. Instead, research and data collection around issues such as renewable energy, climate change, biodiversity, town centre planning and car parking strategy would continue. He reminded Members that the Local Plan Review Working Group would be responsible for the consideration of any future SPDs.

Councillor A Dale reminded Councillor N Barker that he and Councillor S Pickering had committed to conducting a review as soon as possible and that this was their opportunity to influence broader planning policy. To wait for government policy to change was the wrong approach.

Councillor C Cupit expressed her disappointed in Councillor N Barker’s response. She explained that there could be Members with various expertise that would want to feed into this process but were not part of the Local Plan Review Working Group.

Councillors A Dale, C Cupit and S Clough called for a recorded vote.

The motion was put to the vote and was defeated.

For: 20

Cllrs P Antcliff, N Baker, S Clough, C Cupit, A Dale, P Elliott, M Emmens, M Foster, D Hancock, P Jones, W Jones, S Reed, C Renwick, M Roe, R Shipman, R Spooner, M E Thacker MBE, R Welton, H Wetherall, and P Windley

Against: 24

Cllrs N Barker, J Barry, R Beech, J Birkin, D Cheetham, K Clegg, A Cooper, S Cornwell, M Durrant, S Fawcett, C Fletcher, C Gare, K Gillott, D Higgon, P Kerry, C Lacey, T Lacey, N Morley, F Petersen, K Rouse, D Skinner, Caroline Smith, Christine Smith, and M Smith.

Abstentions: 2

Cllrs F Adlington-Stringer and H Liggett

MOTION ‘C’

Members considered a motion submitted by Councillor A Dale which called on the Council to consider the introduction of a loan scheme to enable residents to install driveways, to commit to maintain the budget allocation of £280k and to bring a report to a future meeting of Full Council on a series of options for the next steps for the Parking Strategy. The full text of Councillor A Dale’s motion, set out  ...  view the full minutes text for item COU/57/23-24

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.

The Chairman to move:-

That the public be excluded from the meeting during the discussion of the following item(s) of business to avoid the disclosure to them of exempt information as defined in  Paragraphs 1, 2, 3 & 5, Part 1 of Schedule 12A to the Local Government Act 1972 (as amended by the Local Government (Access to Information) (Variation) Order 2006).

RESOLVED – That the public be excluded from the meeting during the discussion of the following item(s) of business to avoid the disclosure to them of exempt information as defined in Paragraphs 1, 2, 3 & 5, Part 1 Schedule 12A to the Local Government Act 1972 (as amended by the Local Government) (Access to Information) (Variation) Order 2006).

Report of the Deputy Leader of the Council and Portfolio Holder for Strategic Leadership and Finance.

                                                                                                      (Paragraph 3)

Council received a report to seek their approval for borrowing to fund the proposed regeneration scheme of the Cleveland Road area at Stonebroom.

RESOLVED – That Council:

• Approved the specified borrowing to fund the regeneration scheme at Stonebroom
• Approved the inclusion of this scheme in the HRA Capital Programme.
• Approved the revised Capital Financing Requirement, Operational Boundary and Authorised as set out in the financial implications of the report.

Presentation by the Director of Growth and Assets

                                                                                           (Paragraphs 3 and 5)

Council received a presentation from the Director of Growth & Assets which provided them with an update on the Northwood Group Ltd.

Report of the Managing Director and Head of Paid Service

                                                                                  (Paragraphs 1, 2, 3 and 5)

Council received a report which made them aware of an identified threat to the organisation in relation to the recruitment and retention of the Council’s Senior Management Team.

Councillors N Barker and P Kerry moved and seconded a motion to approve recommendation B as contained in the report.

Councillor A Dale proposed an amendment to the motion to call for a cross-party working group to research the issues raised in the report in further detail. Councillor C Cupit seconded the amendment.

Councillor A Dale accepted a suggestion that the working party report back to Full Council with a firm proposal by their next meeting on 29 January 2024.

At the conclusion of the debate, the amendment was put to the vote and was approved.

The motion as amended was then put to the vote and approved.

RESOLVED – That having been made aware and now with an understanding of the potential threat identified, that Council agreed to establish a cross party working group to investigate the matter in further detail and report back at the next meeting of Full Council on 29 January 2024.

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.