Agenda, decisions and minutes

To authorise the Chairman to sign the Minutes of the meeting held on 26 May 2005 as a correct record.

The minutes of the meeting held on 26 May 2005 were confirmed as a correct record and signed by the Chairman, subject to the following amendments

Presentation

Councillor RF Bryant reported that the actual amount collected and donated had been £7,401.

Elections/Appointments

On the initial request of Councillor A Riley, the following voting figures were ADDED:

Appointment of Vice-Chairman of the Council

Councillor JH Stewart 32 votes, Councillor RE Barrett 22 votes; abstentions 2

Election of Leader

Councillor SGM Kindersley 27 votes, Councillor Mrs DP Roberts 26 votes; abstentions 3

Development and Conservation Control Committee – Boxworth and Conington  (Minute 20(c))

Arising from a query from Councillor NN Cathcart on its relation to the remainder of the minute, the final paragraph was DELETED.

Election of Chairman  (Minute 1)

Councillor R Page complained that the minute was not accurate in that it did not record the whole of Councillor Bryant’s retiring speech, which he regarded as ungracious and felt referred to him directly.

The Chairman noted the comments and Councillor Bryant suggested that consideration of any complaints should be left to the Standards Board for England.

Petitions  (Minute 7)

Councillor CR Nightingale reported a further incident at sheltered housing at Great Shelford, where a resident had had to get through a window to allow access for the emergency services, and was asked to discuss this further with the portfolio holder.

To receive any declarations of interest from Members on matters arising in this agenda.

The Chairman

·                      expressed congratulations to Councillor Mrs VM Trueman for her Cambridge Evening News Community Award, for those who help others beyond the call of duty; for setting up the mobile warden scheme in Melbourn and being on call 24 hours a day for 50 residents; and

·                      thanked the staff and Ruth Leyshon in particular for their efforts to make the Duke of Edinburgh’s visit a success.

None received to date. 

None received 

To note all petitions received since the last Council meeting.  None received to date.

None received. 

Cabinet RECOMMEND TO COUNCIL that the Workforce Plan (including the Action Plan) be approved as submitted to Cabinet.  

Council, as recommended by Cabinet on 9 June 2005,

Council, as recommended by Cabinet on 9 June 2005,

Cabinet RECOMMEND TO COUNCIL that the Food Service Plan 2005/06 be approved as submitted to Cabinet. 

Council, as recommended by Cabinet on 9 June 2005,

Council, as recommended by Cabinet on 9 June 2005,

Cabinet RECOMMEND TO COUNCIL that the Health and Safety Service Plan 2005-2006 be approved as submitted to Cabinet. 

Council, as recommended by Cabinet on 9 June 2005, 

Council, as recommended by Cabinet on 9 June 2005, 

This urgent item seeks to broaden the scope of the planning enforcement activities relating to travellers funded by the current budget provision.

Report attached

Council agreed to bring this item forward on the agenda in order to have the benefit of the views of local Members.

 The Leader read out questions submitted by Councillor Mrs J Dixon.

On a vote being taken, Council 

Council agreed to bring this item forward on the agenda in order to have the benefit of the views of local Members.

The Leader thanked Council for agreeing to take this as an urgent item.  He reported that the situation had changed since £450,000 had been allocated for clearing Victoria View at Smithy Fen.  Injunctive action was now thought likely to be more effective and other illegal sites were causing problems locally.  Flexibility in the use of the funds was needed so that legal or direct action could be taken at any site where this was urgently required.  Furthermore, these funds would now be available for use at Pine View as well as Victoria View. It was important the Council should not be seen to be taking action against one ethnic group alone.

Councillor Kindersley read out questions submitted by Councillor Mrs J Dixon, together with answers:

1)                  The £450,000 had been set aside for specific action at Smithy Fen only.  Other enforcement action was funded from normal but limited budgets.

2)                  The Council did have to act on the findings of the ODPM and this had been put in train.  At the end of the process the travellers would not remain.  The Council would take action at any cost, but there was a funding implication.

3)                  The Council did have to take action over breaches of planning legislation and was doing so at a number of sites, not just relating to travellers.  Action did not stop at a certain cost limit, but ultimately a request for further funds might have to be made.

4)                  At the moment the Council did not and could not know what would happen if there was no money remaining as a result of capping.  The Council’s job was to enforce the decision of the ODPM and if the travellers had not moved by the end of the injunctive process, Direct Action would be taken as the last resort.

5)                  The threat of capping made it even more important to be able to use the allocated funds and to use them wisely.  The request was that they could be used for any site if judged appropriate.

Councillor SM Edwards, speaking for the Cottenham Members, made a plea for the funds to be retained for their original purpose, as he feared that extending their use would mean that money would not be available for direct action.  Other sites should be considered as and when needed.

During lengthy debate, Councillor Edwards’ view received support and calls were also made for a decision to be deferred for a more detailed report on other sites.  The involvement of the Commission for Racial Equality was questioned and the rights of local residents were emphasised.

On the other side, the need to use limited funds carefully was urged and the possibility of urgent action being required at another site before any action could be taken at Smithy Fen was raised.  Recent diversity training undertaken by Cabinet was noted.

On a vote  ...  view the full minutes text for item 9.

To consider the draft Performance Plan for 2005, copies of which are circulated separately with this agenda for Members only.  The draft is being made available on the Council’s web site, as will the final version.

The Performance Plan is a statutory document which must be published annually by 30^th June. The plan must include information showing the Council’s objectives; how it has performed against those objectives; and what its plans are for improving services in relation to its objectives in the next year (2005/06) and beyond.

The draft plan is based on a number of decisions which have already been made by the Council. In particular, it reflects:-

(a)               The three priorities adopted by the Council (Improving Customer Service, Northstowe and Affordable Housing)

(b)               The CPA Improvement Plan approved by the Council in January.

(c)               The Medium Term Financial Strategy and budget for 2005/06.

(d)               The performance indicator targets set in service plans and approved by portfolio holders.

(e)               The aims and actions agreed in the Community Strategy.

(f)                 Other plans and policies such as the IEG statement, the timetable for the LDF, the results of the Affordable Housing Best Value review, plans for developing risk management and the workforce plan.

The plan has been prepared on the basis of current budgets for 2005/06. If the Council is required to make substantial budget cuts in response to capping, many of the improvement plans in the document will need to be revised.

Members are requested to approve the plan, with any amendments they feel appropriate, but also to give delegated approval to finalise the plan prior to publication to take account of any detailed corrections and drafting changes that are required.

The Council is RECOMMENDED

1.                  To approve the draft plan as circulated.

2.                  To give authority to the Chief Executive and the Leader of the Council to approve the final draft of the plan for publication by 30^th June 2005.

Council RESOLVED

Council RESOLVED

To consider the Council’s response to the Highways Agency’s public consultation on the proposed improvement scheme for the A14 from Ellington to Fen Ditton.

The report of the Development Services Director is attached.

Council RESOLVED to

It was agreed to suspend Standing Order 14.5 for this item only, to allow Members to speak more than once.

The Principal Planning Policy Officer highlighted the main issues for the Council in the Highways Agency’s proposed scheme for improving the A14 from Ellington to Fen Ditton, as set out in the report, and indicated that the Highways Agency might produce further changes to the proposals.

The Planning and Economic Development Portfolio Holder commended the report and emphasised the importance of a joint statement from the local authorities. He noted that there was a need for improved public transport, which had not been addressed fully in the Highways Agency’s proposals.

Councillors A Riley and R Hall emphasised the potential road safety dangers of variations between single and dual carriageway on the local distributor road between Fen Drayton and Bar Hill and proposed changes to recommendation (f) to clarify what the Council was seeking.  The changes were accepted.

Councillor MJ Mason highlighted the problems which would be caused at intersections by the Highways Agency’s consideration of the A14 only as a trunk road and not taking account of its other function as a local road, and suggested that more work was needed on this aspect.  The Principal Planning Policy Officer commented on the limited resources available to pursue projects such as this, but agreed with the point and reported that the County Council was taking the matter into account as part of the Long Term Transport Strategy, which it aimed to produce during the summer.  It was AGREED that Councillor Mason should meet the Planning Officers and the Portfolio Holder to consider what additional supplementary comments might be made to the Highways Agency.

Opposition was voiced to the County Council’s suggestion of an additional interchange at the A1198 since this would encourage additional traffic along the A1198 and create problems for villages which did not currently experience heavy traffic and did not have by-passes.

Further discussion generally supported the recommendations in the report, and it was noted that

(a)               Representations about the need for completion of the A428 improvements prior to construction work on the A14 had already been made

(b)               The Council no longer contributed to the East-West rail consortium of local authorities for budget reasons

(c)               Priority for the Bar Hill to Girton section was needed for planning purposes and should be specified so as not to allow contractors to choose phasing for their own convenience or cost

(d)               Unlocking the development potential of Huntingdon was to the Council’s advantage given continuing development pressures on the Cambridge Sub-Region

(e)               The A1198 was designated as a heavy load road

The Principal Planning Policy Officer, Mr M Monk, was thanked for his excellent report and summary and wished well in his retirement.

Council RESOLVED to

Further to suggestions made on 27 January, when Members’ Allowances for 2005-2006 were considered, that the membership of the Independent Panel might require review, it is now RECOMMENDED that the Panel be appointed on a rolling three year basis starting with the current year.

The Panel currently has three members, so one would retire each year.

The Panel itself has suggested a term of three years, although with an option for a further term, and is supportive of a rolling programme of retirement.

Council is also invited to indicate areas which should be represented on the Panel: the present members have suggested:

·                      The business sector

·                      The public sector

·                      A former district councillor

·                      A former parish councillor 

FOR DECISION

The Information and Customer Services Portfolio Holder reported that some councillors had raised concerns about the membership of the Panel, and recommended appointments on a rolling three year basis.  He did not, however, consider that appointments should be restricted to certain areas of society.  Council

The Information and Customer Services Portfolio Holder recommended appointments to the Independent Panel on a rolling three year basis.  He did not, however, consider that appointments should be restricted to certain groups.  Council

Representatives are required for the following bodies:

Cambridgeshire Association of Local Councils (CALC), South Cambs District

Former councillor Saberton has continued as this Council’s representative, but the Association feels that, in order to maintain good links between the two bodies, a serving member would be preferable.

Circle 33 Housing Association

Councillor Kindersley wishes to step down

Cottenham Village College Sports Centre Management Group

No volunteer was forthcoming at the last Council meeting

Council RESOLVED to make the following appointments:

Council RESOLVED to make the following appointments:

(* indicates that the Minutes have already been confirmed as a correct record) 

The Minutes of the following meetings were RECEIVED, subject to matters considered at Minutes 14(a) to 14(d) below:

IT Comms Room Air Conditioning  (Minute 11)

Council

Discretionary Compensation for Redundancy  (Minute 8)

Councillor NN Cathcart commented on the problem for Unison of the short notice.  He did not now propose to call in the decision, but asked that, in future, Management Team and the unions work together more closely.

In response to a query from Councillor NJ Scarr, the Leader reported that he had had a meeting with the unions and agreed the way forward.  His words as reported in the Cambridge Evening News had been paraphrased, but the point remained that the media and readers must realise the seriousness of the potential effects of capping.

IT Comms Room Air Conditioning  (Minute 11)

The Resources and Staffing Portfolio Holder reported that the authorisation of the use of capital reserves if necessary was a decision which had to be made by Council, as it was asking for the budget to be exceeded if necessary.  There was some opposition to this authorisation without a further report, but Councillor Summerfield stated that the order for a second air conditioning unit could not be placed without that assurance.  The unit had to be purchased, but the intention was to fund this from the retention money.

It was noted that the Scrutiny and Overview Committee was to receive a report on the problem at its next meeting; that the temperature was being monitored, and that remote monitoring equipment was to be installed the following day.

Council

Appointments to Advisory Groups – Northstowe Member Steering Group 

(Minute 16)

Councillor A Riley questioned the expansion of this Group, but the Leader explained that Cabinet, after long debate, had felt that membership should be expanded to cover all areas which might have an interest, rather than deciding who should attend each meeting.  Local Members were any whose ward bordered Northstowe or would be impacted by it.

The inclusion of a Cambridge City representative was also queried, but the Leader pointed out that this was a joint venture and would benefit from urban experience, and that this Council would be looking for seats on equivalent bodies for developments by the City Council.

Councillor Riley proposed, seconded by Councillor Mrs DP Roberts, that the Steering Group should be disbanded and all Northstowe matters dealt with by full Council at separate meetings.  The vote was tied and the Chairman used her casting vote to maintain the status quo and make no change to the Cabinet decision.

S/2379/01/O – Impington  (Minute 3)

In response to Councillor MJ Mason’s request for the Committee to be kept up to date on outstanding matters, the Chairman of the Committee reported his understanding that an item was to be published in the bulletin for the information of all Members.

S/0393/05/F – SAWSTON  (Minute 14)

Councillor Mrs SA Hatton declared a personal interest in this item.

S/2193/01/F – GAMLINGAY  (Minute 35)

The Chairman of the Committee noted that the reason for refusal was the same as for the previous item and that the Minute would be completed at the next meeting.

Thanks were expressed by several Members to the Licensing Officer and his team for their help in resolving licensing problems.

Guide to the Voting System  (Minute 2)

Councillor MJ Mason expressed thanks to Democratic Services for obtaining notes on the use of the voting system and commented on the value of the hearing device.

Update on Housing Option Appraisal Process  (Minute 7)

Councillor Mrs VM Trueman reported the views of tenants against the option of transfer of the housing stock to a housing association and expressed her own opposition.  Councillor NJ Scarr pointed out that the Government was making the housing association option more attractive only by taking about 50p of each £1 of rent paid to the Council; and Councillor RB Martlew cautioned care over the externalisation of the service.

None held since the last Council meeting. 

Councillor MJ Mason asked for support in persuading the County Council to bring forward the item on the guided bus – Histon Road measures, which kept being deferred from the Traffic Management Area Joint Committee agenda.  The Chairman requested the Council’s representatives to pursue this.

Councillor Mrs DSK Spink reported that South and East Cambridgeshire Crossroads had combined with Huntingdonshire Crossroads, but that this did not affect representation.

To consider the following Notice of Motion standing in the name of Councillor NJ Scarr:

"That South Cambridgeshire District Council is aware of the need to conduct as much as possible of its business in public, and to be seen to do.

Council therefore resolves that when agendas and reports are prepared for meetings, confidential material will be gathered into an appendix or separate section, so that as much as possible of the agenda, item or report can be debated in public.

Council believes that this commitment is essential to re-assure the public that only legally exempt material is being withheld, and to maintain public confidence in the decision-making processes.

To consider the following Notice of Motion standing in the name of Councillor JA Hockney, seconded by Councillor NIC Wright:

“This Council agrees that for future leadership elections candidates should each have an appointed observer during the count. The final result should then be confirmed with the candidates and Chief Executive before it is announced'.

together with the following amendment standing in the name of Councillor A Riley, seconded by Councillor Dr DR Bard:

“This Council agrees that for future elections for Leader, Chairman and Vice-Chairman, candidates should each appoint an observer of the count. The final result should then be confirmed with the candidates and Chief Executive before it is announced.  In the event of a tie the election is decided on the toss of a coin.” 

Notice of Motion standing in the name of Councillor NJ Scarr 

Council RESOLVED

That South Cambridgeshire District Council is aware of the need to conduct as much as possible of its business in public, and to be seen to do.

Council therefore resolves that when agendas and reports are prepared for meetings, confidential material will be gathered into an appendix or separate section, so that as much as possible of the agenda, item or report can be debated in public.

Council believes that this commitment is essential to re-assure the public that only legally exempt material is being withheld, and to maintain public confidence in the decision-making processes.

Notice of Motion standing in the name of Councillor JA Hockney

Council

Notice of Motion standing in the name of Councillor NJ Scarr 

Councillor Scarr proposed his motion, seconded by Councillor SGM Kindersley, explaining that he was not suggesting that the Council was unduly secretive; rather that reports might be prepared in such a way that any confidential information was separated out from the main body of the report so that even more debate could be open.  Several Members stated their belief that openness was the Council’s practice, and, on the proposal of Councillor Mrs GJ Smith, seconded by Councillor DC McCraith, it was agreed that the Motion should be put to the vote.  Council, accepting Councillor Scarr’s motion,

RESOLVED

That South Cambridgeshire District Council is aware of the need to conduct as much as possible of its business in public, and to be seen to do.

Council therefore resolves that when agendas and reports are prepared for meetings, confidential material will be gathered into an appendix or separate section, so that as much as possible of the agenda, item or report can be debated in public.

Council believes that this commitment is essential to re-assure the public that only legally exempt material is being withheld, and to maintain public confidence in the decision-making processes.

Notice of Motion standing in the name of Councillor JA Hockney

Councillor Hockney, seconded by Councillor NIC Wright, proposed that

“This Council agrees that for future leadership elections candidates should each have an appointed observer during the count. The final result should then be confirmed with the candidates and Chief Executive before it is announced'.

Councillor Hockney stated that the aim of the motion was solely to ensure a clear and professional election procedure for the future and that he was happy for it to be referred to the Constitution Review Working Party.  Council agreed with this suggestion by general consent.

Councillor A Riley, seconded by Councillor Dr DR Bard, had put forward an amendment:

“This Council agrees that for future elections for Leader, Chairman and Vice-Chairman, candidates should each appoint an observer of the count. The final result should then be confirmed with the candidates and Chief Executive before it is announced.  In the event of a tie the election is decided on the toss of a coin.” 

Councillor Riley explained that the purpose of the second part of the amendment was to relieve the Chairman of the burden of deciding whether to make a casting vote.  The Chairman, however, believed that a chairman in that situation might want to use that alternative already allowed by the Constitution, but that tossing a coin was a rather crude way of deciding such important matters.  Councillor Dr Bard endorsed Councillor Riley’s comments, but considered that the matter would be more satisfactorily dealt with by the Constitution Review Working Party, which would then recommend to Council.

Views were expressed for and against the use of a coin or other similar method to decide in the event of a tied vote, and Council

To note the Chairman’s engagements since the last Council meeting: 

The Chairman’s engagements undertaken since the last meeting were NOTED.