Agenda and minutes

Apologies for absence were received from Councillors S Fawcett, M Emmens, C Renwick and P Antcliff.

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. 

Councillors M E Thacker MBE, K Clegg, K Gillott and G Morley declared an interest in Item 7: Medium Term Financial Plan 2023-24 – 2027/28 as Members of the Rykneld Homes Ltd Board. They indicated that they would leave the meeting during the discussion and would not participate in Council’s consideration or determination on this aspect of the Item.

Councillors S Pickering, D Skinner, C Lacey, T Lacey and P Windley declared an interest in Item 7: Medium Term Financial Plan 2023-24 – 2027/28 as tenants of Rykneld Homes Ltd. They indicated that they would participate in Council’s consideration and determination on this aspect of the Item.

Councillors K Gillott, C Cupit and A Dale declared an interest in Item 14: Derby and Derbyshire Strategic Leadership Board as Members of Derbyshire County Council.

Councillor C Cupit declared an interest in Item 11 Motion A as the Derbyshire County Council Cabinet Member for Highways. She indicated that she would remain in the meeting but would not participate in Council’s consideration or determination on this aspect of the Item.

To approve as a correct record and the Chair to sign the attached Minutes of the Council meeting held on Monday 27 November 2023

Council considered the Minutes of the last meeting of Council on Monday, 27 November 2023.

RESOLVED – That the Minutes of the meeting held on Monday, 27 November 2023 were approved as a true and accurate record.

The Chairman of the Council, Councillor M E Thacker MBE, congratulated Diane Jeffrey the former High Sheriff and Chair of the Derbyshire Armed Forces Covenant meetings and Millie Bright, the Chelsea football player who was part of the team that won the European Championships in 2022 and who captained the England team to the final of the recent World Cup, on their inclusion on the New Years Honours list. Diane Jeffrey was made a Dame and Millie Bright received an OBE.

The Chairman of the Council informed Members on his activities throughout the past month. These included his attendance at Old Brampton Church to mark the centenary of the villages church bells which can be read about in the Ringing World publication. Members heard that the Chairman had also attended the annual dinner of the Chesterfield and North East Derbyshire Deaf Association. He encouraged the Council to continue its positive work in supporting deaf people within the District.

The Chairman gave thanks to those Members that had attended the Burns Night event and asked that Members keep a look out for any upcoming events.

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 support for the work completed by the Chesterfield and North East Derbyshire Deaf Association and offered his congratulations to Diane Jeffrey and Millie Bright.

The Leader wished Members a happy, safe and prosperous year. He expressed his belief that it would be an exciting and challenging year for the Council. He explained that the Council’s finances were healthier than some other authorities, which would be further outlined later in the meeting.

Councillor N Barker outlined a number of challenges that the Council would be facing moving forward. These included the possible effects of Derbyshire County Council’s budgetary cuts, and the proposed changes to the waste collection service such as the possible requirement to collect food waste on a weekly basis.

Members heard that proposals were being developed for a new depot to replace the site at Eckington. The Leader was exploring the possibility of establishing a cross-party initiative in order to help with this project as a development on this scale that was so fundamental to Council services should not be politically contentious.

The Leader gave thanks to Opposition Groups for their participation in the Senior Management Review.

Council heard that work continued on the Council’s pledge to build or acquire more social housing and to continue to modernise and insulate the current housing stock. The schemes at Stonebroom and Wingfield were progressing well.

The Leader emphasised that housing providers, including RHL, were facing increased scrutiny as they complied with the new regulatory regime and that this could impact service delivery.

Councillor N Barker updated Members on the results from the employee survey that had taken place. They heard that there had been a response rate of 61% and that 75% of responders had felt part of a team and a further 94% understood how their work contributed to the Council’s success overall. The Leader gave his thanks to all those who had taken part in the survey and thanked all members of staff for their contribution to the 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 12pm (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 Councillor P Kerry, Deputy Leader of the Council and Portfolio Holder for Strategic Leadership and Finance

The report to Council sought approval for the current budget for 2023/24 and original budget for 2024/25 for the General Fund, Housing Revenue Account and Capital Programme as part of the Council’s Medium Term Financial Plan covering the years 2023/24 to 2027/28.

Members were informed that Cabinet considered and endorsed the proposals at its meeting on 25 January 2024 following on from scrutiny at the Joint Scrutiny Committee on 18 January. The recommendations were now referred to Council for consideration and approval.

The Chair agreed to consider the report recommendations in two parts. Council would consider recommendations 1-7 (relating to the General Fund) followed by recommendations 8-13 (relating to the Housing Revenue Account).

Members received an update on the Revised Budget which had been considered by Cabinet at its meeting on 23 November 2023. They heard that there was a budget shortfall of £331,000. The final position of this budget would be dependent on the actual financial performance out-turning in line with the revised budgets. Further budget changes may be required as the year progresses.

Council were informed of the projected budget shortfall for the 2024/25 financial year and the reasons for this. They heard that there would be a shortfall of £303,000 ahead of any decisions made by Council on Council Tax levels. Members heard that if the proposed Council Tax increases were approved then this shortfall would reduce to £8000.

Members heard that RHL were experiencing similar budgetary pressures and an increase in HRA rents was proposed in order for the HRA to achieve a balanced budget and provide financial resilience for any potential cost of regulation.

The Deputy Leader, Councillor P Kerry, explained that there were no major changes to the budget and that the Council was still on track to identify the remaining savings of £303,000. Any progress would be reported to Cabinet and Scrutiny.

Councillors P Kerry and N Barker moved and seconded a Motion that Council approve recommendations 1-7 of the report. Cllr N Barker reserved his right to speak.

Councillor A Dale highlighted the fact that the current Administration had inherited a healthy budget from the previous Administration. He criticised the current Administration for their lack of proposed efficiencies and money saving ideas. He argued that due to the Government’s recent announcement of further funding for local authorities and the healthy position of the reserves that the Council did not need to raise Council Tax as much as proposed.

Councillor A Dale and Councillor C Cupit proposed and seconded a Motion to amend the recommendations so that there would only be a Council Tax increase of 1.99%.

The Leader of the Council, Councillor N Barker, agreed that they had inherited a healthy budget but argued that Government announcement would have little effect on District Council’s as a majority of the funds would go to County Council’s. He argued that the proposed rise had been fully costed, was necessary and would provide a base for future years.

Councillors D Hancock, K Gillott and F  ...  view the full minutes text for item COU/70/23-24

Report of Councillor P Kerry, Deputy Leader of the Council and Portfolio Holder for Strategic Leadership and Finance

Councillors M E Thacker MBE, K Clegg, K Gillott, and G Morley returned to the meeting.

The Deputy Leader, Councillor P Kerry, presented a report to Council to provide them with the necessary information in order to approve the Council’s suite of Treasury Strategies for 2024/25 to 2027/28.

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

The Motion was put to the vote and approved.

RESOLVED – That:

1. Council approved the Treasury Management Strategy at Appendix 1 of the report and in particular:
   1. Approved the Borrowing Strategy
   2. Approved the Investment Strategy
   3. Approved the use of the external treasury management advisors Counterparty Weekly List (or similar) to determine the latest assessment of the counterparties that meet the Council’s Criteria before any investment is undertaken
   4. Approved the Prudential Indicators
2. Council approved the Capital Strategy as set out in Appendix 2 to the report and in particular:
   1. Approved the Capital Financing Requirement
   2. Approved the Minimum Revenue Provision Statement for 2024/25
   3. Approved the Prudential Indicators for 2024/25, in particular:

                                                    i.     Authorised Borrowing Limit of £238.4m

                                                  ii.     Operational Boundary of £234.2m

                                                 iii.     Capital Financing Requirement £229.2m

3. Council approved the Investment Strategy as set out in Appendix 3 to the report.
4. Council approved the Flexible Use of Capital Receipts Strategy at Appendix 4 to the report.

Report of the Assistant Director of Governance and Monitoring Officer

The Monitoring Officer introduced a report to amend the composition of the Planning Committee for the remainder of the 2023-24 municipal year.

Members heard that the Leader of the Labour Group, Councillor N Barker, had requested that Councillor C Gare be appointed to serve on the Planning Committee for the remainder of the Municipal Year in the place of Councillor S Fawcett.

Councillors N Barker and J Barry moved and seconded the recommendations as contained within the report.

The motion was put to the vote and approved.

RESOLVED – That:

1. In line with the request of the Leader of the Labour Group, Councillor N Barker, Councillor C Gare be appointed to serve on the Planning Committee for the remainder of the 2023-24 municipal year.
2. Councillor S Fawcett ceases to serve on the Planning Committee for the remainder of the 2023-24 municipal year.

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.  

The following question(s) have been submitted:-

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

Like other communities in North East Derbyshire many residents of Killamarsh rely on the public transport network to see family and friends, go to work, go shopping and for their leisure activities. Yet bus services in our village are unreliable and continue to deteriorate leaving many people stranded. Whilst responsibility for local bus services does not rest with this council, residents look to us to champion their cause. Would the Leader of the Council agree to raise these concerns of Killamarsh residents with both Derbyshire County Council and the local bus companies?

Question ‘B’ – Councillor A Dale to Councillor S Pickering, Portfolio Holder for Environment and Place

Does the Cabinet Member believe that decisions made by the planning committee should be consistent with local and national planning policies?

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

Given its potential impact on communities in this District, could the Leader of the Council explain why NEDDC have offered no objections or concerns to the current planning application (AVA/2023/0764) for 185 new homes being considered by Amber Valley Borough Council?

Question ‘D’ – Councillor F Adlington-Stringer to Councillor S Pickering, Portfolio Holder for Environment and Place

Councillor Barker stated in his opening speech as Leader that this “Cleaner Council” would begin by reviewing the “road sweeping regime” across our District. Residents in Wingerworth regularly inform me of their suffering due to neglected drains blocked by unmanaged debris. What is your plan, does it require another road sweeper, and when will it be implemented?

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

Question A – Councillor C Lacey to Councillor N Barker, Leader of the Council

A question had been submitted by Councillor C Lacey to Councillor N Barker, Leader of the Council on whether the Leader would raise local concerns of Killamarsh residents over unreliable bus services with both Derbyshire County Council and the local bus companies. The full text of the question from Councillor C Lacey, marked as Question ‘A’, was set out in the agenda for the meeting.

The Leader recognised that this was an issue throughout the District and signified his commitment to raise the issue with Derbyshire County Council and ask what they were doing or would propose to do in order to address the issue. The Leader informed Council that after meeting with Derbyshire County Council, he would speak with the bus companies if necessary. He stated that he would report back to Councillor C Lacey on the outcome of these conversations.

Councillor C Lacey asked the Leader if he would be able to make arrangements for a bus link at the tram stop at Half Way.

The Leader responded that he would raise this issue during his meeting with Derbyshire County Council.

Question B – Councillor A Dale to Councillor S Pickering, Portfolio Holder for Environment and Place

A question had been submitted by Councillor A Dale to Councillor S Pickering, Portfolio Holder for Environment and Place on whether he believed that decisions made by Planning Committee should be consistent with local and national planning policies. The full text of the question from Councillor A Dale, marked as Question ‘B’ was set out in the agenda for the meeting.

The Portfolio Holder responded that he did believe that decisions made by the Planning Committee should be consistent with local and national planning policies. He informed Councillor A Dale that planning law set out that decisions on planning applications must be determined in accordance with the Development Plan.

Councillor A Dale asked Councillor S Pickering if he believed that it was important for all Members of the Planning Committee to engage meaningfully in the debate and to offer fair scrutiny and challenge to Officers and to articulate why they had arrived at certain conclusions. He informed the Portfolio Holder that Labour Group Members of the Committee had received complaints for failing in this regard and asked if the Portfolio Holder had spoken to them about this.

Councillor S Pickering informed Council that he had not personally received any complaints and that it was not his place to instruct Members on how to conduct themselves during meetings.

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

A question had been submitted by Councillor C Cupit to Councillor N Barker, the Leader of the Council on why the Council had offered no objections or concers to the planning application for 185 new homes in Amber Valley Borough Council. The full text  ...  view the full minutes text for item COU/73/23-24

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

The following motion(s) have been submitted:-

Motion ‘A’ – Proposed by Councillor H Wetherall

The Council, recognising that the A632 is a well-known and renowned trouble-spot for traffic collisions, accidents and deaths, resolves to work closely together with all key stakeholders and partner agencies, locally and nationally to ensure that average speed cameras are installed on the A632 as quickly as possible in 2024 so that there is a consequent reduction in road traffic collisions, serious accidents and deaths.

Motion ‘B’ – Proposed by Councillor A Dale

Council notes:

·                 the planning committee’s recent approval of application reference 22/01196/FL (New development comprising of 38 new homes on land between Unstone Junior School and Unstone Plant Centre, Main Road, Unstone.

·                 the decision was taken despite significant opposition from local residents, the local member and several members of the planning committee and there were serious concerns over the justification for this development and the decision taken being contrary to both local and national planning policies.

·                 in light of the complaints received following the decision and the risk of legal challenge, the Council has sought external legal advice on whether the application had met the high test set by NPPF (2023 update) para 154f and Local Plan policy LC3 in order to justify approval. Namely, there are concerns around whether 38 houses would constitute “limited” development according to the NPPF and whether the applicant has adequately demonstrated a “proven” local community need sufficiently to meet the test set by Local Plan policy LC3a, as well as the other four tests in this policy.

·                 the potentially dangerous precedent the approval of this application could set for the District as a whole, and particularly those areas within the green belt, whereby large-scale applications for social housing may come forward outside of agreed settlement development limits, based solely on the desirability of a place to live, rather than proven local community needs for housing.

Council resolves:

•         that planning application 22/01196/FL be referred back to the Planning Committee to receive the external legal advice that the authority has sought and determine whether permission be revoked in respect of the concerns around compliance with NPPF (2023 update) para 154f and Local Plan policy LC3.

•                  to reassure our communities that the Council is committed to protecting our green belt and settlement development limits across the District, and that by referring the above application back to committee, Council recognises it is taking an important first step towards demonstrating this reassurance

Motion ‘C’ – Proposed by Councillor F Adlington-Stringer

Plant-Based Council

North East Derbyshire District Council, in line with its Climate Emergency declaration and in reflection of the local emissions reported in its own Climate Change Strategy, commits to:

1.               Ensuring food and drink provided at all Council meetings and events  ...  view the full agenda text for item COU/74/23-24

MOTION ‘A’

Members considered a Motion submitted by Councillor H Wetherall that called on the Council to work with all key stakeholders and partner agencies locally and nationally in order to install average speed cameras on the A632. The full text of Councillor H Wetherall’s Motion, set out as Motion ‘A’ was included on the agenda for the meeting.

Councillor A Cooper seconded the Motion. He expressed his hope that Members would support the motion in the interest of public safety.

Councillor N Barker expressed his sympathies for the families of those involved in a recent accident on the road. He committed his support to assisting Councillor H Wetherall’s campaign and offered to meet with her at a future date in order to determine how the Council could best assist with her campaign. He indicated that his Group would be supporting the Motion.

Councillor A Dale echoed the comments made by Councillor N Barker. He expressed his sympathies for the families of those involved in recent accidents on the road. He explained that the County Councillor, Councillor B Lewis was concerned with this issue and had been pushing for solutions, as well as contacting the police. Councillor A Dale considered that there was little the District Council could do as the issue fell under the scope of DCC and the police, because of this he indicated that his Group would be abstaining from the vote.

Councillors D Hancock and F Adlington-Stringer expressed their support for the Motion. They considered that this was not a partisan or political issue but was a matter of conscience.

Councillor H Wetherall gave thanks to Members for their consideration of the Motion and informed them that any support they could give would be greatly appreciated.

Following the end of the debate, the Motion was put to the vote and approved.

RESOLVED – That:

1. Council recognised that the A632 is a well-known trouble-spot for traffic collisions, accidents and death.
2. Council would work closely together with all key stakeholders and partner agencies, locally and nationally to ensure that average speed cameras are installed on the A636 as quickly as possible in 2024

MOTION ‘B’

Members considered a Motion submitted by Councillor A Dale that called on Council to refer planning application 22/01196/FL back to the Planning Committee in order to receive external legal advice and determine whether permission be revoked in respect of the concerns around compliance with NPPF (2023 update) para 154f and Local Plan Policy LC3. The full text of Councillor A Dale’s motion, set out as Motion ‘B’ was included on the agenda for the meeting.

Councillor C Cupit seconded the motion but reserved her right to speak.

Councillor R Shipman signalled his support for the Motion. He explained that if new information had come to light or if there was concern regarding the way in which a decision had been made, then it was good practice to refer it back to Committee.

Councillor R Shipman proposed an amendment to the Motion that Standards  ...  view the full minutes text for item COU/74/23-24

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, 4 & 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 items of business to avoid the disclosure to them of exempt information as defined in Paragraphs 1, 2, 3, 4 & 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 Councillor N Barker, Leader of the Council and Portfolio Holder for Strategic Leadership and Finance

                                                                                           (Paragraphs 3 and 5)

Members were presented with a report to provide them with an update on the work taking place with Derby and Derbyshire Councils on a revised approach to collaborative and partnership working and to seek the views from Council on whether Cabinet should approve the establishment and participation in a new Joint Committee of Derby and Derbyshire’s Councils, the D2 Strategic Leadership Board (SLB), to collaborate, co-ordinate and drive forward agendas where it is recognised that more can be achieved by Councils working together to improve outcomes for people and places across Derbyshire.

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

Following the discussion, the Motion was put to the vote and approved.

RESOLVED – That Council:

1. Recommends to Cabinet the approval of proposals for the establishment of the D2 Strategic Leadership Board (SLB) and the delegation of functions to this Joint Committee as set out in the Functions and Responsibilities document in Appendix 2 to the report.
2. Notes the draft Terms of Reference, including the Introduction and Context, Functions and Responsibilities, Procedural Rules, and Information procedure Rules for the SLB as set out at Appendix 2 to the report and the position detailed in those documents regarding scrutiny and co-option.
3. Recommends to Cabinet that the Leader is appointed as the Council’s representative on the D2 SLB and the Deputy Leader, as substitute.
4. Notes the intention that the SLB be the body for the nomination of District and Borough representatives to the East Midlands Combined County Authority, when established, further noting that this subject to the CCA’s agreement that this be the mechanism.
5. Recommends agreement that the County Council act as the host authority for the Joint Committee.
6. Notes the dissolution of the D2 Joint Committee for Economic Prosperity, the enactment of which is subject to the establishment of the D2 Strategic Leadership Board and recommends that the Constitution is amended accordingly.
7. Notes the dissolution of the Vision Derbyshire Joint Committee, the enactment of which is subject to the establishment of the D2 Strategic Leadership Board and recommends that the Constitution is amended accordingly.
8. Agrees with the Council’s active participation in the D2 Strategic Leadership Board and the associated costs of taking forward the programme of work at the total costs as set out in the report, which is funded until at least March 2025 via the Business Rates pool.
9. Notes that as the functions of the Committee are executive functions, Derbyshire County Council will not have the opportunity to co-opt additional members onto the Committee and the ability to co-opt is restricted within the Terms of Reference.
10. Notes that, in accordance with section 9F of the Local Government Act 2000, constituent authorities who operate executive arrangements will need to make formal scrutiny arrangements to review or scrutinise decisions made in connection with the exercise of the functions of the D2 Strategic Leadership Board, and that the Council’s existing scrutiny arrangements will apply.
11. Notes the Cabinet will be asked to  ...  view the full minutes text for item COU/77/23-24

Report of the Managing Director and Head of the Paid Service

(Paragraphs 1, 2, 3, 4 & 5)

Members received a report which detailed the recommendations to Council from the Senior Management Pay Working Group after having previously been made 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 recommendations as contained in section b of the report.

The recommendations were put to the vote and approved.

RESOLVED – That Council mitigate the risk by implementing the recommendations set out at section 1.24 and 1.25 of the report. Based broadly upon the recommendations of East Midlands Councils (EMC) as set out previously in the report at Appendix A, with adjustments and modifications proposed by the Working Group. And to establish a cross-party Senior Pay Remuneration Review Group and mechanism to oversee a review every two years.

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

As there was no urgent business the meeting was closed.