Agenda and minutes

To receive and record any apologies for absence.

Apologies were received from Councillors M Carpenter, M Cheshire, M Sceal, E Rees and K Smith.

To receive any declarations of interests from Members.

Councillor Briggs declared an interest in minute 148 insofar as the report related to Vinci Construction UK (Ltd), in his capacity as a Director of Norse South East.  Councillor Briggs left the meeting and was not present during the any part of the debate or decision in relation to Vinci.

The Executive Director (Commercial), who had been present as an observer, also left the meeting and was not present during any part of the debate and decision in relation to Vinci in her capacity as a Director of Norse South East.

To confirm the minutes of the last meeting held on 1 November 2017.

Proposed by Councillor Keast and seconded by Councillor Mrs Blackett, it was

RESOLVED that the minutes of the meeting of the Council held on 1 November 2017 be approved as a correct record.

There were no matters arising from the minutes of the last meeting.

The Council to receive a Bronze Award under the Armed Forces Covenant Employer Recognition Scheme.

Kate Lole, MoD Regional Employer Engagment Director, presented the Council with a Bronze Award under the Armed Forces Covenant Recognition Scheme.

To receive the Mayor’s Report.

There were no additional matters or questions in relation to the Mayor’s report.

To consider the following recommendations arising from the Cabinet meeting held on 29 November 2017 (the agenda and reports for this meeting can be viewed via the following link):

http://havant.moderngov.co.uk/ieListDocuments.aspx?CId=128&MId=10330

(A)         COUNCIL TAX SUPPORT SCHEME

RECOMMENDED to full Council that:

(1)          The 2017/18 Council Tax Support Scheme be retained in 2018/19 but with the following amendments:

(i)            the Allowances and Premiums used in determining entitlement for working age claims are changed as set out in paragraph 5.3 of the report; and

(ii)          the Non-Dependent deductions used in determining entitlement for working age claims are changes as set out in paragraph 5.4 of the report; and

(2)          the necessary arrangements are made to the Council Tax Support Scheme document and that it is then published in accordance with Local Government Finance Act 1992 Section 13A(2); and

(3)          an Annual Council Tax Support Hardship Fund of £5,000 be introduced to support the most vulnerable Council Tax Support Customers as set out in paragraph 5.5 of the report.  The £5,000 to form part of the budget process (2018/19) to be agreed at full Council in February 2018.

(B)         CONSERVATION AREA APPRAISAL, MILL LANE, LANGSTONE

RECOMMENDED to full Council that the Mill Lane Conservation Area Character Appraisal (Appendix 1 to the Cabinet report) be approved as a material consideration alongside the Local Plan;

(C)         COUNCILLOR DEVELOPMENT STRATEGY

RECOMMENDED to full Council that the updated Councillor Development Strategy be approved.

The Council considered the following recommendations arising from the Cabinet meeting held on 29 November 2017.

(A)         Council Tax Support Scheme

Proposed by Councillor Briggs and seconded by Councillor Branson, it was

RESOLVED that

(1)          the 2017/18 Council Tax Support Scheme be retained in 2018/19 but with the following amendments:

(i)            the Allowances and Premiums used in determining entitlement for working age claims are changed as set out in paragraph 5.3 of the report; and

(ii)          the Non-Dependent deductions used in determining entitlement for working age claims are changes as set out in paragraph 5.4 of the report; and

(2)          the necessary arrangements be made to the Council Tax Support Scheme document and that it is then published in accordance with Local Government Finance Act 1992 Section 13A(2); and

(3)          an Annual Council Tax Support Hardship Fund of £5,000 be introduced to support the most vulnerable Council Tax Support Customers as set out in paragraph 5.5 of the report.  The £5,000 to form part of the budget process (2018/19) to be agreed at full Council in February 2018.

(B)         Conservation Area Appraisal, Mill Lane, Langstone

Proposed by Councillor Briggs and seconded by Councillor Buckley, it was

RESOLVED that the Mill Lane Conservation Area Appraisal (Appendix1 to the Cabinet Report) be approved as a material consideration alongside the Local Plan.

(C)         Councillor Development Strategy

Proposed by Councillor Briggs and seconded by Councillor Bowerman, it was

RESOLVED that the updated Councillor Development Strategy be approved and adopted.

The Council to consider the following recommendations to Council arising from the meeting of the Licensing Committee held on 30 November 2017. The agenda and reports for the meeting can be viewed via the following link:

http://havant.moderngov.co.uk/ieListDocuments.aspx?CId=125&MId=10570

GAMBLING ACT 2005 STATEMENT OF PRINCIPLES

RECOMMENDED to full Council that the amended Gambling Statement of Principles (Appendix A to the report to the Licensing Committee) be approved.

The Council considered the following recommendation arising from the meeting of the Licensing Committee held on 30 November 2017.

Gambling Act 2005 Statement of Principles

Proposed by Councillor Keast and seconded by Councillor Hughes, it was

RESOLVED that the amended Gambling Statement of Principles (Appendix A to the report to the Licensing Committee) be approved.

To receive the Leader’s report to Council.

There were no matters the Acting Leader wished to add to his published report.

To receive the Cabinet Leads’ reports to Council.

Councillor Bowerman reported that, on 11 December 2017, the Council had been awarded Charter for Elected Member Development accreditation following a whole-day peer assessment led by South East Employers.  Councillor Bowerman took the opportunity thank all Councillors and officers who had supported the Councillor Development Panel in taking forward the bid and to all those who had given their time to take part in the Assessment Day.

There were no other matters the Cabinet Leads wished to add to their published reports.

(i)                the Leader and Cabinet Leads to answer questions on matters within their respective reports.

(ii)           Chairmen to answer questions on minutes since the last Council meeting

At the invitation of the Mayor, the Cabinet Leads took questions from Councillors in connection with their published reports.  Where the Cabinet Leads were unable to give an immediate response, an undertaking was given that responses would be provided as soon as possible after the meeting.

Committee Chairmen took questions in relation to their published minutes with comments to be reported back to their respective Committees accordingly.

To receive questions from Councillors in accordance with the requirements of Standing Order 23.4(a).

(1)          Question from Councillor Francis to Councillor Bowerman         

Do you not think it desirable that questions and answers at Council to Cabinet Leads, Chairmen and the Leader should be properly reported in the printed Minutes?

Leaving them to be accessed from the Council’s website means that fewer people will be aware of what has transpired and any undertakings that may have been made.

Will you arrange for this to be done in future?

Response:

In relation to questions submitted under Standing Order 23, our Constitution allows for written questions from Councillors to submitted under Standing Order 23 up to 48 hours before the Council meeting and are therefore published separately to the Agenda. After the meeting the schedule of questions is republished with the associated responses and sits alongside the minutes as part of the record of the meeting.  Going forward I am happy to include these questions within the body of the Council minutes.

In relation to Cabinet Leads and Chairmen's Question time, Guidance on the Law and Practice on Local Authority Meetings says:

"Council minutes may take whatever form is preferred by the Local Authority.  There are certain general principles governing the drafting of minutes that should be observed, but the principles are flexible and what matters primarily is that the minutes record clearly and concisely all decisions taken at the meeting and of the other proceedings as is necessary to give reasons to the decision-making.   There is wide variation in practice in relation to questions at Council; some authorities minute all questions asked and the replies given at question time but most authorities do not."  This is the practice at Havant Borough Council.

(2)          Question from Councillor Francis to Councillor Bains

Your report provides us with Marketing information.

Will you please provide an update on the other areas of your responsibility, specifically commercial strategy, especially with regard to the borrow

to invest policy?

Response:

As you will be aware, The Council has not approved any additional investment strategy based on borrowing.  A report has been lodged with Audit & Scrutiny.  There are a few outstanding questions that need to be answered and the Strategy will then proceed through the Council’s approval process.  It is anticipated that should Council decide to adopt this approach, purchases would not start until the new financial year. It is expected that Council will be asked to make this decision in line with the budget setting process.

(3)          Question from Councillor Perry to Councillor Briggs

Will the Council confirm whether or not it will honour in perpetuity the Covenant it entered into on 20 March 1980 and which is attached.  The Covenant does not permit housing development on the green pasture which is to the west of Langstone Road and south of “The Mallards”.

Cllr Briggs provided an answer in the Council Meeting on 1 November 2017; however, the question was not answered and I am seeking a reply of either “YES” or “NO”.

Response:

The site known as Southmere Field (site reference UE54)  ...  view the full minutes text for item 142.

To receive urgent questions from Councillors submitted in accordance with the requirements of Standing Order 23.4(b).

There were no urgent questions.

(A)         The Council to consider the following Motion proposed by Councillor Gary Hughes and seconded by Councillor Ken Smith:

Parking - Supplementary Planning Document (SPD)

This council notes:

The considerable work being undertaken to produce the new Local Plan 2035.

That significant effort is being expended to ensure that every supporting thread is properly researched, analysed, considered and validated prior to its inclusion in the core document.

That Havant Borough Council’s Supplementary Planning Documents should undergo the same rigour as those being used to underpin the new Local Plan 2035.

In light of the above, this council moves that the current Parking Supplementary Planning Document be reviewed to determine if:

-  the description of ‘sustainable transport’ is fit for purpose for the borough of Havant

-  the minimum car parking standards are fit for the future homes in the borough of Havant

-  future development throughout the borough achieves the goals set out in the document

A review of this important document will ensure that the Local Plan 2035 places a duty on all developers of land in Havant Borough make appropriate and practical accommodation for motor vehicles, so that future developments are self sustaining in every aspect.

(B)         The Council to consider the following Motion proposed by Councillor John Perry and seconded by Councillor Terry Hart:

Councillor Disclosure and Barring Service Checks

Given the “MP Sleaze Allegation Spreadsheet” that has been widely circulated in the media and the fact that Havant Borough Councillors visit schools, the elderly and vulnerable people, this Council recognises the need that all Councillors should have DBS checks to demonstrate that the Council can be seen to have taken all reasonable precautions to protect the vulnerable.

(A)         Parking - Supplementary Planning Document (SPD)

The Council considered a Motion proposed by Councillor Hughes and seconded by Councillor K Smith.

Having debated the Motion, members of the Council were minded to support the request that the Parking Supplementary Planning Document be subject to review, as set out in the Motion, and that it was appropriate for the Council’s Scrutiny Board to undertake this review.  The proposed referral to the Scrutiny Board was supported by Councillor Buckley as Chairman of the Scrutiny Board.

The Motion having been proposed and seconded, it was:

RESOLVED that

This Council notes:

The considerable work being undertaken to produce the new Local Plan 2035.

That significant effort is being expended to ensure that every supporting thread is properly researched, analysed, considered and validated prior to its inclusion in the core document.

That Havant Borough Council’s Supplementary Planning Documents should undergo the same rigour as those being used to underpin the new Local Plan 2035.

In light of the above, this council agrees that the current Parking Supplementary Planning Document be referred to the Scrutiny Board to determine if:

-  the description of ‘sustainable transport’ is fit for purpose for the borough of Havant

-  the minimum car parking standards are fit for the future homes in the borough of Havant

-  future development throughout the borough achieves the goals set out in the document

A review of this important document will ensure that the Local Plan 2035 places a duty on all developers of land in Havant Borough make appropriate and practical accommodation for motor vehicles, so that future developments are self sustaining in every aspect.

(B)         Councillor Disclosure and Barring Service (DBS) Checks

The Council considered a Motion proposed by Councillor Perry and seconded by Councillor Hart.

“Given the “MP Sleaze Allegation Spreadsheet” that has been widely circulated in the media and the fact that Havant Borough Councillors visit schools, the elderly and vulnerable people, this Council recognises the need that all Councillors should have DBS checks to demonstrate that the Council can be seen to have taken all reasonable precautions to protect the vulnerable.”

Members of the Council were advised that job applicants do not have a legal obligation to reveal spent convictions and the same would apply to Councillors.  Refusing to employ an applicant on the grounds of a spent conviction is unlawuful.  For most roles, there is no legal right to check and applicant’s full criminal history.  Employers are only able to check full criminal history for specific occupations and positions where there is regular, direct and unsupervised contact with children or vulnerable people.  If the Council were to apply a DBS check to roles in the Council that do not meet this criteria it would be deemed to be unlawful.

Having taken a vote on the Motion, the Mayor declared the Motion LOST.

RECOMMENDED to full Council that the draft Calendar of Meetings for 2018/19 be approved.

Proposed by Councillor Buckley and seconded by Councillor Keast, it was

RESOLVED that the draft Calendar of Meetings for 2018/19 be approved.

The Council to receive the following minutes of Committees held since the last meeting of the Council:

Scrutiny Board – 7 November 2017

Development Management Committee – 9 November 2017

Cabinet – 29 November 2017

Licensing Committee – 30 November 2017

Proposed by Councillor Branson and seconded by Councillor Bowerman, it was

RESOLVED that the minutes of Committees held since the last meeting of the Council be received.

The Council is asked to consider whether to pass a resolution excluding the public from the meeting during consideration of any of the items on the agenda.  If members wish to do so then this could be achieved by passing the following resolution.  Members are not required to pass the resolution but the Monitoring Officer recommends this as to the item set out below.

That the public be excluded from the meeting during consideration of the item headed and numbered as below because:

(a)       it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information of the descriptions specified in paragraphs of Part 1 of Schedule 12A (as amended) of the Local Government Act 1972 shown against the heading in question; and

(b)       in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Item 18 – Cabinet Recommendations 6 December 2017

(Paragraph 3)

RESOLVED that the press and the public be excluded from the meeting during the consideration of the following items as:-

(i)        it was likely, in view of the nature of the business to be transacted, or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information as specified in paragraph 3 of Part I of Schedule 12A (as amended) to the Local Government Act 1972; and

(ii)       in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

The report to be considered was exempt under Paragraph 3 – Information relating to the financial affairs or business affairs of any particular person (including the Authority holding that information).

To consider any recommendations to Council arising from the Extraordinary Cabinet meeting to be held on 6 December 2017

(A)         Five Councils Corporate Services Contracts

(Report to be circulated separately - NOT FOR PUBLICATION under Paragraph 3 of Part 1 of Schedule 12A (as amended) of the Local Government Act 1972).

(This item was taken in camera)

Councillors Briggs and Wilson presented an exempt report and recommendation to Council arising from the extraordinary Cabinet meeting held on 6 December 2017.

Councillor Briggs having declared an interest in part of the report insofar as it related to Vinci Construction UK (Ltd), the Mayor took the debate and recommendations in relation to Capita and Vinci separately.

Councillor Briggs left the meeting during the debate and recommendations in relation to Vinci and, as Vice-Chairman of the Cabinet, Councillor Wilson led the debate on this part of the report.

(A)         Proposed by Councillor Briggs and seconded by Councillor Bains, it was

RESOLVED as set out in (1) to (6) of the Restriced Minute.

(B)         Proposed by Councillor Wilson and seconded by Councillor Bains, it was

RESOLVED as set out in (7) and (8) of the Restricted Minute.