Agenda and minutes

Venue: Council Chamber, - Swale House. View directions

Contact: Democratic Services, 01795 417330  Democratic Services Officer

Items
No. Item

339.

Prayers

Minutes:

The Mayor’s Chaplain said Prayers.

340.

Emergency Evacuation Procedure

The Mayor will advise the meeting of the evacuation procedures to follow in the event of an emergency. This is particularly important for visitors and members of the public who will be unfamiliar with the building and procedures.

 

The Mayor will inform the meeting whether there is a planned evacuation drill due to take place, what the alarm sounds like (i.e. ringing bells), where the closest emergency exit route is, and where the second closest emergency exit route is, in the event that the closest exit or route is blocked.

 

The Mayor will inform the meeting that:

 

(a) in the event of the alarm sounding, everybody must leave the building via the nearest safe available exit and gather at the Assembly points at the far side of the Car Park.  Nobody must leave the assembly point until everybody can be accounted for and nobody must return to the building until the Mayor has informed them that it is safe to do so; and

 

(b) the lifts must not be used in the event of an evacuation.

 

Any officers present at the meeting will aid with the evacuation.

 

It is important that the Mayor is informed of any person attending who is disabled or unable to use the stairs, so that suitable arrangements may be made in the event of an emergency.

 

 

 

Minutes:

The Mayor drew attention to the emergency evacuation procedure.

341.

Minutes

To approve the Minutes of the Meeting held on 18 October 2017 (Minute Nos. 284 - 294) as a correct record subject to the following amendment to Minute No. 290, Question Two:

 

To replace the wording: “Councillor Roger Truelove asked if the Cabinet Member was aware that the financial predicament of the NHS Hospital Trust was also caused by the Virgin Healthcare Group going over budget, and that with the break-even position predicted how could there be no impact on patients during the winter?" with the following wording: “Councillor Roger Truelove asked if the Cabinet Member was aware that the financial difficulties faced by the Swale CCG had been made worse due to increased commissioning to the Medway NHS Trust, and the fact that Virgin Healthcare Group had gone over budget?”

 

Minutes:

The Minutes of the Meeting held on 18 October 2017 (Minute Nos. 284 – 294) were signed by the Mayor as a correct record, subject to the following amendment:

 

The replacement of the wording: “Councillor Roger Truelove asked if the Cabinet Member was aware that the financial predicament of the NHS Hospital Trust was also caused by the Virgin Healthcare Group going over budget, and that with the break-even position predicated how could there be no impact on patients during the winter?” with the following wording: “Councillor Roger Truelove asked if the Cabinet Member was aware that the financial difficulties faced by the Swale CCG had been made worse due to increased commissioning to the Medway NHS Trust, and the fact that Virgin Healthcare Group had gone over budget?”.

342.

Declarations of Interest

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

 

The Mayor will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

 

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

 

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

 

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the room while that item is considered.

 

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

Minutes:

No interests were declared.

343.

Mayor's Announcements

Minutes:

The Mayor drew attention to the tabled updated which included his recent visit to Ypres and a reminder of the Italian meal and wine tasting in Faversham on 4 December 2017.

344.

Motions submitted in accordance with Procedure Rule 15

The following Motions have been received:

 

(a) "This Council agrees to ban the use and release of sky lanterns and balloons from land owned or managed by Swale Borough Council and at all events organised, supported, funded by (fully or partially) and/or licensed by this authority. This is in the interest of public safety, protection of agricultural land and property, prevention of harm to wildlife, livestock and other animals and protection of the environment."?

 

?Proposed by Cllr Cameron Beart and seconded by Cllr Lloyd Bowen.

 

(b) “This Council resolves in the next financial year to test the view that a periodic amnesty on town parking charges will help regenerate smaller and medium sized retail businesses in our high streets and adjacent commercial streets in Faversham, Sheerness and Sittingbourne.”

 

Proposed by Cllr Harrison and Cllr Ghlin Whelan.

 

Minutes:

Motion One

 

Councillor Cameron Beart proposed that “This Council agrees to ban the use and release of sky lanterns and balloons from land owned or managed by Swale Borough Council and at all events organised, supported, funded by (fully or partially) and/or licensed by this authority.  This is in the interest of public safety, protection of agricultural land and property, prevention of harm to wildlife, livestock and other animals and protection of the environment.”

 

In proposing the Motion, Councillor Cameron Beart highlighted the danger of sky lanterns to buildings, crops and animals and the litter problems they could cause.   He drew particular attention to incidents at sea likely to have been caused by sky lanterns and spoke of the harm to animals that balloons could create.

 

The Motion was seconded by Councillor Lloyd Bowen who reserved his right to speak.

 

Group Leaders spoke in support of the Motion.

 

Councillor Lloyd Bowen, in seconding the Motion, gave examples of cases where sky lanterns had caused a disaster.

 

On being put to the vote the Motion was agreed.

 

Resolved:  That this Council agrees to ban the use and release of sky lanterns and balloons from land owned or managed by Swale Borough Council and at all events organised, supported, funded by (fully or partially) and/or licensed by this authority.  This is in the interest of public safety, protection of agricultural land and property, prevention of harm to wildlife, livestock and other animals and protection of the environment.

 

Motion Two

 

Councillor Ghlin Whelan proposed that: “This Council resolves in the next financial year to test the view that a periodic amnesty on town parking charges will help regenerate smaller and medium sized retail businesses in our high streets and adjacent commercial streets in Faversham, Sheerness and Sittingbourne.”

 

In proposing the Motion Councillor Whelan reminded Members that the Labour Group had proposed free parking at weekends to encourage shoppers previously, but this had not been supported.  He added that the motion was flexible and suggested a 3 month trial which he acknowledged would cost approximately £100k, but drew attention to the £200k underspend in the current budget.

 

The Motion was seconded by Councillor Harrison who reserved her right to speak.

 

The Leader questioned whether the proposal was a good use of public money but stated that if the majority agreed, the cost would be included in the budget.  He added that the current Christmas parking scheme was targeted on footfall research from 12 months ago and referred to announcements in the budget that day and the need to be prudent.

 

The Leader of the UKIP group said that it was worth trying a different approach and doing something different might have a better impact and improve trade.

 

The Leader of the Labour group said there was a lot of public interest and support for the trial and referred to the underspend in the budget.

 

The Leader of the Independent group stated that the current proposal was more sensible than previous proposals and was a  ...  view the full minutes text for item 344.

345.

Questions submitted by the Public pdf icon PDF 44 KB

To consider any questions submitted by the public.  (The deadline for questions is 4.30 pm the Friday before the meeting – please contact Democratic Services by e-mailing democraticservices@swale.gov.uk or call 01795 417330).

 

Questions and responses added 20 November 2017.

 

 

Additional documents:

Minutes:

The Mayor advised that two questions had been submitted by members of the public, the responses to which had been provided, can be viewed on the Council’s website, and is attached as Appendix I to these minutes.

 

Question One

 

The Mayor advised that Mr Greenhill was not in attendance at the meeting but had acknowledged receipt of the response.

 

Question Two

 

Mr Harvey from Newington Parish Council asked “Do Members share the puzzlement of the Parish Council that we now learn that from 4 pages of conditions in the original decision, only one was listed in the Stop and Enforcement Notices and that there should be a review of the ‘bar’ set to which the Legal officers work when deciding or advising on prosecution, with a time limit on the length of time for them to arrive at their advice/decision?”

 

The Cabinet Member for Planning noted the comments and agreed to provide a response.

346.

Questions submitted by Members pdf icon PDF 57 KB

To consider any questions submitted by Members.  (The deadline for questions is 4.30 pm the Wednesday before the meeting – please contact Democratic Services by e-mailing democraticservices@swale.gov.uk or call 01795 417330).

 

Questions and responses added 20 November 2017.

Additional documents:

Minutes:

The Mayor advised that five questions had been submitted by Members, the responses to which had been provided, can be viewed on the Council’s website, and is attached as Appendix II to these minutes.

 

Question One

 

Councillor Cameron Beart thanked the Cabinet Member for his response.  He stated that the Scrutiny Committee review on leisure and tourism was concluded in October 2016 and presented to Full Council in February 2017. He asked the Cabinet Member for Regeneration for his assurance that the 2018 tourist season would not be missed as the 2017 season was, and asked when Members would be able to view the Visit England report?

 

The Cabinet Member for Regeneration said that Members shouldn’t confuse the lengthy process with no action.  He thanked Members of the Scrutiny Committee for their report and referred to the timescales leading up to the Cabinet Meeting in February 2018.

 

Question Two

 

Councillor Mike Whiting thanked the Cabinet Member for his response and asked on what basis the licensing objectives were met?

 

The Cabinet Member for Safer Families and Communities advised that betting shops were in High Streets, and away from areas of high unemployment, and the gambling industry had its own guidelines and was self-policing.  He added that the Gambling Commission was due to train staff in January 2018.

 

Question Three

 

Councillor Mike Whiting thanked the Cabinet Member for his response, agreed that there was a range of criteria and asked if the matter could be referred to the Policy Development and Review Committee quickly?

 

The Cabinet Member for Safer Families and Communities said that there was no simple solution; parking on footpaths was generally unacceptable but was difficult to regulate. He agreed to consider the issue further including a joint solution with Kent County Council and the Swale Joint Transportation Board.

 

Question Four

 

Councillor Roger Truelove stressed the importance of local people being trained for local employment and suggested a skills centre which had been successful in the past.  He asked how many students took tourism courses?

 

The Cabinet Member for Regeneration agreed to provide the answer and explained that  the percentage of students in Swale schools that achieved grades A – C at GCSE was improving.

 

Question Five

 

Councillor Roger Truelove stated that the UK had the lowest percentage of technically qualified people in the developed world, and a Further Education college was desperately needed.

 

The Cabinet Member for Regeneration agreed and shared Councillor Truelove’s frustration at the lack of progress.

347.

Leader's Statement pdf icon PDF 52 KB

Members may ask questions on the Leader’s Statement.  (To follow).

 

Added 20 November 2017.

Minutes:

The Leader introduced his statement which gave an update on Housing Allocations and Air Quality.

 

Before inviting Members to speak, the Leader advised that Councillor Duncan Dewar-Whalley would be replacing Councillor David Simmons on the Appointments Sub- Committee and Councillor Peter Marchington would take the vacant seat on the Policy Development and Review Committee.

 

Housing Allocations

 

The Leader of the UKIP group referred to the first paragraph of the Leader’s Statement and suggested that MP’s across Kent should unite to fight against housing numbers.  He asked whether Swale Borough Council (SBC) should be building on grade I agricultural land in the corridor of land referred to at paragraph 5?  In response, the Leader agreed that grade I agricultural land should be protected, but warned that the Planning Inspectorate and Central Government would make decisions on development sites if SBC did not. 

 

The Leader of the Labour Group welcomed the security of the Local Plan up to 2022 and suggested that land adjacent to development sites in the Local Plan should be protected.

 

The Leader of the Independent Group referred to the Government budget announcements that day and highlighted the lack of detail in the investment for future development of housing.  He suggested that SBC should influence Central Government by uniting all District Councils and MP’s in Kent.  The Leader agreed in uniformity with other Councils but advised that three District Councils did not want to unite on a previous attempt.  He added that a Kent Districts and MP’s meeting was being set up.

 

A Member asked about the backdating of new targets, referred to the increase in workforce that new homes would require, and welcomed the additional funding of £40m to train in the construction industry announced by Central Government in the budget.

 

A Member highlighted the affect on residents of decisions made by the Planning Inspectorate and Central Government and suggested that developers should be forced to commence extant planning approvals.  The Leader advised that more detail was awaited on ‘land banking’. 

 

A Member was frustrated that promised facilities, such as schools and medical centres, were not being built in new development and suggested ‘buffer zones’ for protection against development.  In response, the Leader reminded Members that there was a demand for more housing as the population grew.

 

A Member sought assurance that there would be no deviation from the Local Plan in favour of windfall sites that became available.  The Leader advised that decisions were made by the Planning Committee and Planning Inspector but the Local Plan would give significant weight to decisions.

 

Air Quality

 

The Leader of the UKIP Group asked what action was being taken to ensure that the Air Quality measured at Key Street did not get any worse?  The Leader advised that there were ongoing negotiations with the Cabinet Member for Environment and Rural Affairs and Officers.

 

The Leader of the Independent Group asked if the process could be sped up?  The Leader agreed to look into this.

 

In response to a Member’s question  ...  view the full minutes text for item 347.

348.

Review of Fees and Charges pdf icon PDF 258 KB

Scrutiny Committee Recommendations added 20 November 2017.

Additional documents:

Minutes:

The Mayor drew attention to the Cabinet’s response to the recommendations made by the Scrutiny Committee, which were included in the tabled papers for the meeting.

 

The Cabinet Member for Finance and Performance introduced the report, and advised that he accepted the Scrutiny Committee’s recommendations except for the fee for pre-planning advice meetings, as there were no meetings.  He proposed the recommendations with amendments as referred to in the tabled paper with the exception of the fee for pre-planning advice meetings,  which were seconded by the Leader.

 

The Leader of the Independent Group proposed the following amendments:

 

1.    That Swale Borough Council hands over charges for moorings to Faversham Town Centre and allows it to set and collect charges.

2.    Removal of new charge for Additional Litter bins.

3.    Removal of new charge for wheeled bins for community events.

4.    No charge for radar keys for disabled toilets with collection from Swale Borough Council offices.

 

The amendments were seconded by Councillor Monique Bonney.

 

Several Members highlighted that there had already been opportunities to discuss the report and suggest amendments.  The Chairman of the Scrutiny Committee thanked the Chief Financial Officer, Financial Services Manager, Principal Accountant (Technical) and the Cabinet Member for Finance and Performance for their hard work.

 

In accordance with Council Procedure Rule 19(5), a recorded vote was taken on the amendment, and voting was as follows:

 

For:  Councillors Mike Baldock, Monique Bonney, Mark Ellen, Paul Fleming, Harrison, Mike Henderson, Mini Nissanga, Roger  Truelove, Ghlin Whelan and Tony Winckless. Total equals: 10.

 

Against:  Councillors Cameron Beart, George Bobbin, Andy Booth, Tina Booth, Lloyd Bowen, Bowles, Derek Conway, Mike Cosgrove, Mike Dendor, Duncan Dewar-Whalley, Mick Galvin, Sue Gent, Nicholas Hampshire, Alan Horton, James Hunt, Nigel Kay, Ken Ingleton,  Samuel Koffie-Williams, Gerry Lewin, Peter Marchington, Prescott, Ken Pugh, George Samuel, Ben Stokes, Anita Walker, Mike Whiting and Ted Wilcox. Total equals: 27.

 

No Members abstained.

 

The amendment was therefore lost.

 

The Cabinet Member for Finance and Performance referred to the original proposal, which had been seconded, and this was put to the vote.

 

In accordance with Council Procedure Rule 19(5), a recorded vote was taken, and voting was as follows:

 

For: Councillors Cameron Beart, Monique Bonney, George Bobbin, Andy Booth, Tina Booth, Lloyd Bowen, Bowles, Derek Conway, Mike Cosgrove, Mike Dendor, Duncan Dewar-Whalley, Mark Ellen, Paul Fleming, Mick Galvin, Sue Gent, Nicholas Hampshire, Harrison, Mike Henderson, Alan Horton, James Hunt, Nigel Kay, Ken Ingleton,  Samuel Koffie-Williams, Gerry Lewin, Peter Marchington, Mini Nissanga, Prescott, Ken Pugh, George Samuel, Ben Stokes, Roger Truelove,  Anita Walker, Ghlin Whelan, Mike Whiting and Ted Wilcox. Total equals: 35.

 

Against: Councillors Mike Baldock and Tony Winckless. Total equals: 2.

 

No Members abstained.

 

Resolved:

 

(1)  That delegated authority be given to the Head of Economy and Community Services in consultation with the Chief Financial Officer and the Cabinet Member for Safer Families and Communities to increase the 2018/19 charge for Environmental Fixed Penalty Notices for littering and graffiti  ...  view the full minutes text for item 348.

349.

Council Tax Support Scheme 2018/19 pdf icon PDF 100 KB

Additional documents:

Minutes:

The Cabinet Member for Finance and Performance introduced the report and reminded Members that the report had been considered by the Policy Development and Review (PDRC) Committee on 25 October 2017 and Cabinet on 8 November 2017.  He thanked the PDRC for their comments but could not support their recommendation. The Cabinet Member for Finance and Performance proposed the recommendations in the report which were seconded by the Leader.

 

The Leader of the Independent Group highlighted the effect  that the increase might have on some of his constituency.  Another Member drew attention to the hardship fund for those that might need it.

 

In accordance with Council Procedure Rule 19(5), a recorded vote was taken and voting was as follows:

 

For: Councillors Cameron Beart, George Bobbin, Andy Booth, Tina Booth, Lloyd Bowen, Bowles, Derek Conway, Mike Cosgrove, Mike Dendor, Duncan Dewar-Whalley, Mick Galvin, Sue Gent, Nicholas Hampshire,  Alan Horton, James Hunt, Nigel Kay, Ken Ingleton,  Samuel Koffie-Williams, Gerry Lewin, Peter Marchington, Mini Nissanga, Prescott, Ken Pugh, George Samuel, Ben Stokes, Roger Truelove, Anita Walker, Mike Whiting and Ted Wilcox. Total equals: 29.

 

Against: Councillors Mike Baldock, Monique Bonney, Mark Ellen, Paul Fleming, Angela Harrison, Mike Henderson, Ghlin Whelan and Tony Winckless. Total equals: 8.

 

No Members abstained.

 

Resolved:

 

(1)   The outcome of the public consultation, having taken consideration of the potential impact of the proposed changes on working age claimants with the protected characteristics of disability, age and sex under the Equalities Act 2010, be noted.

 

(2)   That changes to the current scheme as listed in paragraph 3.6 of the report be agreed.

350.

Policy Development and Review Committee Annual Report pdf icon PDF 117 KB

Minutes:

The Chairman of the Policy Development and Review Committee (PDRC) introduced the report.  He thanked the Committee for working so well and commented on its role in supporting the development of junior members of staff.  He added his thanks to the Vice-Chairman and officers and paid particular thanks to Democratic Services staff and the Policy and Performance Officer, Bob Pullen. 

 

The Leader praised the work of the PDRC and everyone involved.  The Leader of the UKIP Group thanked the Chairman.

 

Resolved:

 

(1) That the reported be noted.

351.

Scrutiny Update pdf icon PDF 61 KB

In accordance with Procedure Rule 3, the Review Co-ordinator will be invited to summarise the findings of the Scrutiny Committee's report on their review of Housing Services. The Cabinet Member for Housing and Wellbeing will be invited to give the Cabinet's response.  The action plan, which sets out the recommendations of the Committee and the Cabinet's response, is attached.

Additional documents:

Minutes:

The Chairman of the Scrutiny Committee thanked the Housing Services Task and Finish Group for their time and effort on the review.

 

The Lead Member of the Housing Services Task and Finish Group thanked the Policy and Performance Officer for his assistance and praised the Head of Resident Services and housing staff for their hard work.

 

The Leader thanked all those involved.

 

The Leader of the UKIP Group praised the Task and Finish Group for producing an excellent report.

 

The Leader of the Labour Group was critical that only two recommendations not agreed by Cabinet were the most important and said that SBC should do more to assist as it was in the middle of a social crisis.  Another Member agreed and suggested SBC should invest in housing.

 

Resolved:

 

(1)  That the reported be noted.

352.

Recommendations for Consideration

Council is asked to note the recommendations from the Cabinet Meeting held on 8 November 2017, which have been considered as separate items on this agenda.

Minutes:

Council was asked to note Minutes Nos. 309 – 310 from the Cabinet Meeting of 8 November 2017, which had been the subject of reports agreed earlier in the meeting.

353.

Suspension of Standing Orders

Minutes:

At 10pm Members agreed to the suspension of standing orders in order that business could be completed.