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 is 100% plant-based.
2. Prioritising plant-based menu options wherever the Council has influence, for example in leisure centres.
3. Promoting and encouraging plant-based eating to residents through methods such as public awareness campaigns and the removal of meat and dairy advertising.
Minutes:
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:
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 Committee explore a mechanism to enable applications to be reconsidered at Planning Committee once a decision had already been taken.
Councillor A Dale accepted the suggested amendment to his Motion.
Councillor S Pickering indicated that he would not support the Motion. He explained that Members should wait for the due process, inquiry and investigation to complete. If advice following this, there was advice to refer the application back to Planning Committee then he would not object to that. He accused the motion of pre-empting any outcome or decision from the investigation.
Councillor D Hancock explained that there was no mechanism other than through Full Council to refer applications back to Committee and it was important to establish one. He informed Members that it was important to pass this resolution as delays in the planning system could incur large costs to the Council.
Councillor K Gillott argued that Motions at Full Council were not an appropriate mechanism for referring matters back to Planning Committee and therefore he would not be supporting the Motion. He explained that a process for this was already in place and that if the Chair of Planning and the Portfolio Holder for Environment and Place received advice to refer an application back to Planning Committee then they would do so.
Councillor A Dale explained that there were errors in the material considerations of Planning Committee and that legal advice was ambiguous and open to interpretation. He argued that the essence of the Motion was simply to allow Planning Committee to consider the application again with new legal advice and information.
At the conclusion of the debate, the Motion as amended was put to the vote and was defeated.
MOTION ‘C’
Members considered a Motion submitted by Councillor F Adlington-Stringer that called on Council to ensure that food and drink provided at all Council meetings and events was 100% plant based, to prioritise plant=based menu options where possible and to promote and encourage plant-based eating to residents. The full text of Councillor F Adlington-Stringer’s Motion, set out as Motion ‘C’ was included on the agenda for the meeting.
Councillor H Wetherall seconded the Motion but reserved her right to speak.
Councillor N Barker indicated that he could not support the Motion in its current form as it was policy that Motions should not be considered that commit the Council to change policy without first going through due process which includes proper Officer advice. With that in mind, he suggested an amendment to the Motion that it be referred to Environment Scrutiny Committee for consideration and that Committee would then submit a report to Cabinet detailing the outcome of those deliberations.
Councillor F Adlington-Stringer accepted the proposed amendment.
Councillor A Dale indicated that he could not support the Motion. He expressed his belief that the Council should not be dictating to residents what they should be eating. He also raised his concerns that the proposed Motion was going against the District’s farming communities.
Councillors R Welton, D Hancock, R Shipman and P Windley spoke out against the authoritarian nature of the Motion.
Councillor R Reed explained that it was not the role of the Council to provide dietary advice but he supported a discussion on the item taking place at Scrutiny Committee.
Councillor K Gillott recognised that there were complexities involved with the Motion but signified his support for it to be discussed by Environment Scrutiny Committee.
Councillor H Wetherall explained that many small dairy farmers could no longer afford the upkeep involved and were diversifying. She suggested that the Motion provided Council with an opportunity to demonstrate leadership and commitment to the environment.
Councillor F Adlington-Stringer argued that residents would be free to choose their own meals at home and that it was the role of Council to provide a leading role in the community. He explained that many industries and organisations, such as the Bakewell Tart Shop, were providing vegetarian and vegan alternatives. He also expressed his concern around rhetoric and discourse that had been used during the debate with many Members referring to him as authoritarian.
At the conclusion of the debate, the Motion as amended was put to the vote and was approved.
RESOLVED – That North East Derbyshire District Council, in line with its Climate Emergency declaration and in reflection of the local emissions report in its own Climate Strategy, commits to refer the following for discussion at Environment Scrutiny Committee: