Agenda and minutes

Apologies for absence were received from Councillors J Birkin, A Cooper, S Clough, P Elliott, N Morley and M Smith.

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 M E Thacker MBE declared an interest in Item 11: To Consider Motions from Members Under Procedure Rule No 10 as a Member of the Rykneld Homes Ltd Board. He indicated that he would stay and participate in Council’s consideration and determination on this item. The other Rykneld Homes Ltd Board Members: Councillors K Clegg, K Gillott and G Morley, as well as the tenants of Rykneld Homes Ltd: Councillors S Pickering, D Skinner, C Lacey, T Lacey and P Windley also took this approach.

To approve as a correct record and the Chair to sign the attached Minutes of the Council meeting held on 29 January 2024.

Council considered the Minutes of the last meeting of Council on Monday, 29 January 2024.

RESOLVED – That the Minutes of the meeting held on Monday, 29 January 2024 were approved as a true and accurate record.

The Chairman of the Council, Councillor M E Thacker MBE, updated Members on his activities throughout the past month. This included his attendance at the Derbyshire Swimming Championships which involved swimmers from the Dronfield Dolphins as well as Eckington and Rykneld swimming clubs. The Chairman also informed Members that he had been invited to speak at Walton Holymoorside Primary School and had spent time with the school’s eco committee. He reflected on the children’s use of sign language to promote inclusion.

Council heard that the Chairman had attended the Derby and Derbyshire Youth Orchestra concert where he was particularly moved by the performance of the work Cantus Arcticus, which had been composed to highlight the negative impact of climate change on birds in the arctic.

The Chairman explained that he had written to the Chairs of Parish Council’s across the District in order to ask for contributions to his charitable appeal for Ashgate Hospice. He gave thanks to Brampton Parish Council which had already made a kind donation.

Members were informed that invitations to the civic service to be held on 28 April 2024 at St Johns Church in Walton would soon be distributed.

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

The Leader of the Council, Councillor N Barker, informed Members that Sharley Park swimming pool had now been closed and work continued on Clay Cross Active that should be completed by the end of the year. In addition to this, a new skate park had been constructed in Killamarsh and a contractor had been selected for the work on the Clay Cross Town Centre.

The Leader drew Council’s attention to a number of issues that had been raised at the last meeting of Council. They heard that a meeting had been arranged between the Leader and the Director of Environment & Transport at Derbyshire County Council in order to discuss the bus service at Killamarsh. A meeting had also taken place between the Leader and Councillor H Wetherhall in order to discuss the issues raised in relation to drivers on Matlock Road. Councillor N Barker reiterated his commitment to support Councillor H Wetherall in her efforts to address the road safety issues on the road.

Councillor N Barker updated Members on the planning application at Unstone, which was discussed on Min: COU/74/23-24. He informed them that external advice had been received and that following consideration of this advice, the application would be reconsidered by the Planning Committee.

Council heard that a project manager would soon be appointed to oversee the development of the new depot and a cross-party working group would be established in order to help coordinate this.

The Leader explained that the Council had contributed to the Storm Babet review and a strategic flood group for north eastern Derbyshire was in the process of being established.

Councillor N Barker reflected on the success of the recent Annual Conference of the Parish and Town Councils and informed Members that had had been attending Parish Council meetings across the District in order to display the Council’s commitment to work with Parish Councils to improve services across the District.

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 R Kerry, Deputy Leader of the Council and Portfolio Holder for Strategic Leadership & Finance.

The Deputy Leader reminded Members that under the Localism Act 2011, the Council was responsible for calculating the total Council Tax requirements as a whole for the North East Derbyshire District.  The demand on the Collection Fund in respect of the 2024/25 Council year was £6,952,953.

Councillor P Kerry and Councillor N Barker moved and seconded a Motion that Council formally approve the Council Tax for the Financial Year 2023/24, as set out in the report. 

Councillor A Dale expressed his disappointment over what he felt to be a lack of transparency and information in relation to the budget, with a particular reference to the green bin charges. He indicated that his Group would be abstaining from the vote.

The Deputy Leader responded that further information on this issue would be provided in response to a question under Item 10 on the agenda.

The Motion was put to the vote and was agreed. As required by law a recorded vote was taken.

For: 30

Councillors F Adlington-Stringer, N Barker, J Barry, G Baxter, R Beech,         D Cheetham, K Clegg, S Cornwell, M Durrant, C Fletcher, C Gare, K Gillott, D Hancock, L Hartshorne, D Higgon, P Kerry, C Lacey, T Lacey, G Morley, F Petersen, S Pickering, C Renwick, K Rouse, R Shipman, D Skinner, Carline Smith, Christine Smith, M Thacker, H Wetherhall, and P Windley

Against: 0

Abstentions: 14

Councillors P Antcliff, N Baker, C Cupit, A Dale, M Emmens, M Foster,           P Jones, W Jones, H Liggett, S Reed, M Roe, R Spooner, K Tait, R Welton

RESOLVED – That Council formally approved the Council Tax for the Financial Year 2024/25 as set out in the report.

Report of the Managing Director and Head of the Paid Service

The Managing Director and Head of Paid Service presented the Council’s Pay Policy Statement for 2024-25. He informed Members that the policy was in line with the requirements as set out by the local government association and outlined the relation and differences between employee salaries.

Councillors N Barker and P Kerry proposed and seconded a motion to approve the pay policy statement. The motion was put to the vote and approved.

RESOLVED – That Council approved the Council’s Pay Policy Statement for 2024-25.

Report of Councill N Barker, Leader of the Council and Portfolio Holder for Strategic Leadership & Finance.

The Leader introduced a report for Council to approve the implementation of a Council Tax premium charge for empty homes of two years or more.

Members heard that there were currently 311 properties within the District that had been empty for two years or more and it was estimated that the proposed premium charge would provide an additional £50,000 per year for the Council. It was also hoped that the proposed charge would help to address the shortage of housing supply in the District.

Councillors N Barker and J Barry proposed and seconded a Motion to endorse the Council Tax Premium Charge for Empty Homes.

Councillor A Dale signalled his broad support for the approach and the fact that the premium charge would not take into account second homes. He believed that a more balanced view should be taken towards these in order to help promote tourism within the area. He shared his view that the exceptions policy placed pressure on Officers to decide when an exception was valid or not and should therefore be kept under review.

Councillor A Dale considered whether the motion went far enough and proposed an amendment to the motion that the additional premium charges listed at section 1.4 of the report, be reviewed and brought back to a future meeting of Council for consideration.

Councillor N Barker accepted the suggested amendment to his Motion.

Councillor F Adlington-Stringer signalled his support for the motion and hoped that Cabinet would be able to look into the additional premium charges as quickly as possible. He also expressed his desire for a policy to address the issues posed by second homes.

Councillor R Shipman expressed his support for the motion.

Councillor H Wetherall supported the motion and hoped it would help to combat issues of homelessness across the District. She enquired as to the cause behind a rise in the number of empty properties and what the definition of uninhabitable properties was. She heard that there were a variety of reasons behind the rise in empty properties and that there was a very specific definition within Council Tax Legislation on uninhabitable properties.

Councillor N Barker suggested that more detailed information could be provided to Councillor H Wetherall if necessary. He informed Council that the exceptions policy would remain under review and that consideration would be given to the creation of a policy regarding second homes.

At the end of the discussion the motion was put to the vote and approved.

RESOLVED – That Council approved the Council’s Pay Policy Statement for 2023-24.

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 Mike Roe to Councillor S Pickering, Portfolio Holder for Environment and Place

I would like to ask how the Council intends to deal with the ever increasing amounts of dog fouling.  This is about the District in general, but in particular I’m speaking on behalf of the South of the District and the state of our Shirland and Higham.

Question ‘B’ – Councillor S Cornwell to Councillor S Pickering, Portfolio Holder for Environment & Place

On the 20 July 2021 this Council granted a planning application permitting the building of a large industrial cold store building on the Holmewood Industrial Estate.

Whilst the jobs this unit creates are welcome, when granting that application the Council failed to include an appropriate planning conditions limiting the hours of work during the construction phase of the development.

As a result building work has been taking place at all times of the day,including the early hours of the morning, continuing until 4am recently.

What, if anything can be done to prevent residents of Holmewood from having to endure further disruption due to this omission by the Council to include appropriate restrictions in the original planning consent?

Question ‘C’ – Councillor A Dale to Councillor J Birkin, Portfolio Holder for Council Services

Can the Portfolio Holder please confirm the cost of the recent refurbishment of the Council Chamber (including the new furniture and audio-visual equipment)?

Question ‘D’  - Councillor W Jones to Councillor N Barker, Leader of the Council

How does the Council intend to respond to the Government’s consultation on reforms to social housing allocations and how does it intend to respond to the new requirements should the proposals be adopted?

Question ‘E’ – Councillor C Cupit to Councillor S Pickering, Portfolio Holder for Environment and Place

Given the concerns raised by many residents following recent changes to garden waste collections in neighbouring Chesterfield, could the Cabinet Member confirm that NEDDC will commit to not charging for garden waste or any residential waste collections?

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

Question A – Councillor M Roe to Councillor S Pickering, Portfolio Holder for Environment and Place

A question had been submitted by Councillor M Roe to Councillor S Pickering, the Portfolio Holder for Environment and Place on what the Council intended to do to deal with the issues of dog fouling across the District and in particular, the south of the District and Shirland and Higham. The full text of the question from Councillor M Roe, marked as Question ‘A’, was set out in the agenda for the meeting.

Councillor S Pickering thanked Councillor M Roe for their question. He explained that the Council’s Environmental Health Service Team of enforcement officers responded to all complaints received that related to dog fouling and requests for signage. He went on to explain that in 2023 in Shirland there were three complaints received in relation to dog fouling. These complaints resulted in five proactive patrols being undertaken and additional signage being erected as well as a zoning letter issued in relation to an alleged public spaces protection order.

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

A question had been submitted by Councillor S Cornwell to Councillor S Pickering, the Portfolio Holder for Environment and Place on a planning application that was granted on 20 July 2021 on the Holmewood Industrial Estate and what could be done by the Council to prevent further disruption to residents by including appropriate restrictions in the original planning consent. The full text of the question from Councillor S Cornwell, marked as Question ‘B’, was set out in the agenda for the meeting.

Councillor S Pickering thanked Councillor S Cornwell for their question. He explained that the Council was unable to alter previously agreed planning decisions but he understood that Councillor S Cornwell had met with planning and environmental health in order to discuss possible ways forward and potential future options for the site.

Councillor S Cornwell asked the Portfolio Holder to make a commitment that similar issues would not happen again and to work with Officers to create best practice processes for any builds of this nature in the future.

The Portfolio Holder gave his commitment that he would be involved with and support Councillors from Holmewood and work with the Assistant Directors to shape policies and guidance going forward.

Question C – Councillor A Dale to Councillor J Birkin, Portfolio Holder for Council Services

A question had been submitted by Councillor A Dale to Councillor J Birkin, the Portfolio Holder for Council Services. As Councillor J Birkin was unavailable, the question was answered by Councillor J Barry, the Portfolio Holder for Growth and Assets. The question was on the cost of the refurbishment of the Council Chamber. The full text of the question from Councillor A Dale, marked as Question ‘C’, was set out in the agenda for the meeting.

The Portfolio Holder explained concerns that  ...  view the full minutes text for item COU/89/23-24

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 motions(s) have been submitted:-

Motion ‘A’ – Proposed by Councillor P Windley

Council notes:

·                 The increasing financial pressures on Rykneld and the HRA owing to mould and disrepair issues

·                 The casework issues ward councillors have experienced in terms of multiple mould cleans being necessitated while remedial works are pending

·                 The impact on tenants physical and mental health caused by recurring outbreaks of mould

·                 The cost of treating recurring mould issues

With thanks, the hard work of colleagues in treating these issues Council calls for the Portfolio Holders for Strategic Leadership and Finance to work more closely with Rykneld to address the root cause issues of mould in council owned properties more swiftly, to reduce both the financial cost and health impacts of mould recurring where there is an identified structural cause.

Motion ‘B’ – Proposed by Councillor D Hancock

Council notes:

·                 Rykneld Homes permits its tenants to create off street parking on their properties at their own expense.

·                 Rykneld Homes follows the policy of North East Derbyshire District Council on what materials and solutions can be used to construct the off street parking.

·                 Technology and materials available will inevitably change as time moves forward.

·                 New solutions are available which are more cost effective and better for the environment to support the Council’s environmental strategy.

Council resolves:

To undertake a review into the materials and solutions that are permitted under the policy of creating off street parking on Rykneld properties with a view to increasing the options for residents.

Motion ‘C’ – Proposed by Councillor R Shipman

Council notes:

In 2023, 94% of residents use a smart phone device in North East Derbyshire.

Digital experts eMarketer say “an app provides a direct access point from the Home Screen of a mobile device, and a native app experience is typically slicker and faster than a capitals web experience.”

Overwhelming consensus from digital marketing companies say an app is much better than a website across all factors from engagement, user experience, and communication with its users.

Council believes:

Developing an app for smart devices would provide a line of communication and information delivery to residents who would otherwise not engage directly with council resources on the website.

The digital boom is an opportunity to make better use of its resources and engage with residents and provide a more efficient way of sending urgent messages, allow residents to manage their council tax payments or planning applications and allows them to receive and submit reports on a variety of district council services such as their bin collections, environmental health, anti social behaviour and dog fouling.

Council resolves:

To start a working group with a mixture of staff, residents and councillors to scope what sort of services and resources the app will need to include, then  ...  view the full agenda text for item COU/90/23-24

Motion ‘A’

Members considered a Motion submitted by Councillor P Windley that called on the Portfolio Holders for Strategic Leadership and Finance to work more closely with Ryknled Homes Ltd (RHL) to address the root cause of mould in Council owned properties. The full text of Councillor P Windley’s Motion, set out as Motion ‘A’, was included on the agenda for the meeting.

Councillor D Hancock seconded the Motion. He explained that residents were having to deal with recurring issues with mould which was resulting in repeat cleans while works to address the root cause were not being completed.

Councillor A Dale signalled his support for the Motion. He explained that due to the significant financial cost and use of resources, the issue should receive additional scrutiny.

Councillor A Dale suggested an amendment to the Motion that called on updates to be provided to every other meeting of Council on the additional resources being spent on this issue and the impact that this was having. He also asked for details to be provided on the longer term strategy as to how this issue would be tackled and what the resource requirements for this would be over an extended period of time, and for a range of statistics to be provided on how many reports of mould were being received, what were the causes for these and how long the issues took to be addressed. His amendment also called for the exploration of technological solutions which could be used to combat the issue and for an analysis of the benefit/cost ratios for these.

Councillor P Windley accepted the suggested amendment to her Motion.

Councillor K Gillott spoke against the Motion. He reflected that all Members would agree with the sentiment of the Motion but that it showed a lack of understanding of recent changes that had taken place. He went into detail to highlight some of the changes that had taken place in the last 12 months. These included: the inclusion of an Elected Member from outside of the Majority Group on the RHL Board and the Board being chaired by one of the Independent Members. He went on to explain that the Leader, Councillor N Barker attended every Board meeting and met regularly with the Chair. Council were also reminded that the Managing Director of RHL had attended the previous meeting of Council as well as the Joint Scrutiny Meeting where she had gone through these issues in detail. Councillor K Gillott outlined further measures that were being taken to tackle this issue such as: the employment of additional staff to focus entirely on damp and mould and holding a review of the damp and mould policy. He explained that more funding from Government would be needed in order to help solve this issue. He finished by explaining that most of the information Councillor A Dale had requested could be publicly accessed online.

Councillor K Gillott invited any Members with casework that related to damp and mould to discuss it  ...  view the full minutes text for item COU/90/23-24

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

As there was no urgent business the meeting was closed.