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 D Hancock
Council notes:
- The amendment to the constitution, introducing rule 10.5 (Change in Policy) approved in May 2023, requiring all changes in council policy (unless regulatory) to be considered by the relevant scrutiny committee and cabinet before being approved by council.
- That Council has existing policies in regard to the allocation of its domestic refuse bins to residential customers, in that black and green bins are allocated according to evidenced need (additional black bins based on the number of residents at any one property, and additional green bins based on the size of the garden); and that charges for additional/replacement bins are made as a one-off fee only.
- That Council has existing policies to promote recycling and to reduce landfill.
Council believes that:
- The officer decision to introduce an annual fee for additional green bins and for additional green bins to be allocated on request contravenes council policy and the amended constitution.
Council resolves:
- To reverse the decision to make an annual charge for additional green bins and revert to the policy of additional bins being granted based on evidenced need.
- That the Standards Committee should provide clearer guidance for officers to make delegated decisions, within the framework of the amended constitution, to avoid any future inadvertent policy changes
Minutes:
Motion A
Members considered a Motion submitted by Councillor D Hancock which called for the decision to make an annual charge for additional green bins to be rescinded, as contrary to the Constitutional requirement that new policies should be considered by the relevant Scrutiny Committee and Cabinet, prior to approval by Council. It also proposed that the former policy of granting additional bins free of charge, based on evidenced need, should be reinstated. The full text of Councillor D Hancock’s Motion was set out as Motion ‘A’ on the Agenda for the meeting.
Councillor R Shipman seconded the Motion. He felt it inappropriate that the decision to change existing policy, by instituting a charge for additional green bins, had been taken by officers under delegated powers, rather than by Council. Councillor R Welton made clear that he would also support the Motion. He contended that the issue ought to have been discussed and decided on by Council.
Councillor A Dale indicated that he too would support the Motion. He expressed concern that this change in policy would ultimately lead to charges for all green bin collections and would have a regressive financial impact on many of the District’s residents.
The Portfolio Holder for Environment and Place, Councillor S Pickering, made clear that he would not support the Motion. He explained that during the short period in which the new arrangements had been in place, 739 properties had asked for additional green bins. There had been no increase in fly tipping or in green waste being placed in the general waste bins. He contended that there was a lot of support for the new arrangements, and that just two complaints had been received. Councillor S Pickering also queried the reasons for the submitting the Motion and highlighted the difficulties facing Local Government as a result of significant reductions in financial support from Central Government.
Councillor H Liggett stated that she would support the Motion. She gave examples of problems facing residents who could not afford the charge for an additional green bin and how this had resulted in them in disposing of green waste in other ways.
Councillor K Gillott made clear that he would not support the Motion. He argued that it was based on a misunderstanding of Council Procedure Rules, which did not require every executive decision to first be considered by a Scrutiny Committee and Cabinet before being agreed by Council.
Councillor D Hancock exercised his right to reply. He contended that as the summer progressed there were likely to be more problems with green waste as a result of the change. He reiterated the point made by other Members that the charge would have a regressive impact on those who could not afford an additional green bin. Councillor D Hancock also reiterated his view that Section 10.5 of the Council Procedure Rules required changes to all Council Policies (excluding those covering regulatory matters) to be considered by the relevant Scrutiny Committee and Cabinet, before being determined by Council.
On a Point of Order raised by Councillor K Gillott, the Monitoring Officer confirmed the position of the Constitution on this matter and Councillor Gillott’s understanding of it.
At the conclusion of the debate, the Motion was put to the vote and rejected.