Agenda, decisions and minutes

To receive any declarations of interest for items on this agenda.

Councillor Robin Page declared a non-pecuniary interest in minute number 78(a) in relation to proposed development at Bourn Airfield as Chairman of the Countryside Restoration Trust.

Members are requested to inform Democratic Services of any changes in their Register of Members’ Financial and Other Interests form.

The Chairman reminded Members that they needed to update their register of interests whenever their circumstances changed.

To authorise the Chairman to sign the Minutes of the meeting held on the 28 November 2013 as a correct record.

The minutes of the meeting held on 28 November 2013 were confirmed and signed by the Chairman as a correct record.

To receive any announcements from the Chairman, Leader, the Executive or the Head of Paid Service.

The Chairman reported some slight changes to the agenda running order for this meeting.

To note that one question from the public has been received, but was rejected on the grounds that it was not submitted in accordance with the prescribed deadline. 

Council noted that one question from the public had been received, but had been rejected by the Chairman on the grounds that it was not submitted in accordance with the prescribed deadline.

To note that no petitions have been received since the last Council meeting.

No petitions had been received. 

Council is RECOMMENDED to approve the Localised Council Tax Support Scheme for 2014/15.

Cabinet recommended to Council that it continues with the current Local Council Tax Support Scheme for 2014/15.  This was unanimously agreed at the meeting of full Council on 26 September 2013.

The Council Tax Reduction Scheme (Prescribed Requirements) (England) (Amendment) Regulations 2013 were laid before Parliament on 20 December 2013 and came into force on 13 January 2014. These regulations allow for annual uprating of calculation components for Pensioner Council Tax Support.  Minor amendments have therefore been necessary to the Pensioner’s Scheme, which address those people who do not have the right to reside for the purposes of entitlement to Council Tax Support.  Other changes as a consequence of the new legislation have also been made.

The full version of the revised Localised Council Tax Support Scheme document has been published separately and can be viewed via the following link:

http://scambs.moderngov.co.uk/ieListDocuments.aspx?CId=410&MId=5965&Ver=4

The original report considered by Cabinet on 12 September 2013 is attached for information.

Council APPROVED the Localised Council Tax Support Scheme for 2014/15.

Councillor Simon Edwards, Deputy Leader and Portfolio Holder for Finance and Staffing, proposed that the Localised Council Tax Support Scheme for 2014/15 be approved. 

Councillor Edwards reported that new Regulations had been laid before Parliament on 20 December 2013 and came into force on 13 January 2014.  Minor amendments to the Council’s Scheme had therefore been necessary as a consequence of the new legislation.  He reflected on the Localised Council Tax Support Scheme for 2013/14, which he reported had been extremely successful, and took this opportunity to praise the Council’s officers for its development and introduction.

Councillor Ray Manning, Leader of the Council, seconded the proposal.

A copy of the Cabinet report from its meeting held on 12 September 2013 was attached to the agenda for information.  Reference was made to a recommendation within the report regarding the parish grant.  It was noted that Cabinet made a decision on 12 September 2013 that the parish grant would not be payable in 2014/15.  This would feature in Cabinet’s proposed budget scheduled for consideration at the next meeting of Council on 27 February 2014.

Council unanimously APPROVED the Localised Council Tax Support Scheme for 2014/15.

The Civic Affairs Committee RECOMMENDED to Council that no changes be made to the polling districts and places currently in place in South Cambridgeshire.

A copy of the report considered by the Civic Affairs Committee at its meeting on 5 December 2013 is attached for information, together with an extract of the draft minutes for that meeting.

Council AGREED that no changes be made to the polling districts and places currently in place in South Cambridgeshire.

The Civic Affairs Committee considered a review of polling districts and polling places at its meeting on 5 December 2013 and recommended that no changes be made.  A copy of the report and an extract of the draft minutes from that meeting were attached to the agenda for information. 

Councillor David Bard, in his capacity as Chairman of the Civic Affairs Committee, proposed that no changes be made to the polling districts and places currently in place in South Cambridgeshire. 

Councillor Ray Manning, Leader of the Council, seconded the proposal.

Council unanimously AGREED that no changes be made to the polling districts and places currently in place in South Cambridgeshire.

The Employment Committee RECOMMENDED the Pay Policy Statement 2014-15 to full Council for approval.

Council APPROVED the Pay Policy Statement for 2014-15.

(Jean Hunter, Chief Executive, and Alex Colyer, Executive Director (Corporate Services), left the meeting for the duration of this item)

Council considered a report which appraised Members of the requirements of the Localism Act in relation to pay policy statements. 

The Employment Committee considered the Council’s Pay Policy Statement for 2014-15 at its meeting on 13 January 2014 and recommended its adoption.

Councillor Val Barrett, Chairman of the Employment Committee, proposed that Council approved the Pay Policy Statement for 2014-15. 

Councillor Simon Edwards, Deputy Leader and Portfolio Holder for Finance and Staffing, seconded the proposal and reflected on discussion at the Employment Committee regarding the National Minimum Wage and the Living Wage.  Councillor Edwards reported that the Employment Committee had agreed for a review to be undertaken of the Council’s lowest pay group to take account of the National Minimum Wage and the Living Wage and that he would consider a report on this review at a future Portfolio Holder Meeting.

Council unanimously APPROVED the Pay Policy Statement for 2014-15.

Council is REQUESTED to:

(i)         ENDORSE the Independent Remuneration Panel’s report.

(ii)        AGREE the following recommendations:

(a)   that during 2014, the Independent Remuneration Panel reviews the basis and process for determining and allocating Special Responsibility Allowance payments against the need to demonstrate transparency, consistency, objectivity and fairness and with reference to benchmarked best practice in other comparable authorities for consideration by Council in 2015;

(b)       that Members’ Allowances be increased by the equivalent percentage amount as the Council agrees to apply to the pay rates of council staff, effective from the same date as staff;

(c)       that Councillor induction material is updated so as to ensure that all Councillors are both aware of the expenses addressed through the payment of the Basic Allowance and also of the other expenses to which they are entitled to make claims for reimbursement.

Council:

(1)        ENDORSED the Independent Remuneration Panel’s report.

(2)        AGREED:

a)    that during 2014, the Independent Remuneration Panel reviews the basis and process for determining and allocating Special Responsibility Allowance payments against the need to demonstrate transparency, consistency, objectivity and fairness and with reference to benchmarked best practice in other comparable authorities for consideration by Council in 2015;

b)    that Members’ Allowances be increased by the equivalent percentage amount as the Council agrees to apply to the pay rates of council staff, effective from the same date as staff;

c)    that Councillor induction material is updated so as to ensure that all Councillors are both aware of the expenses addressed through the payment of the Basic Allowance and also of the other expenses to which they are entitled to make claims for reimbursement.

Council considered a report by the Independent Remuneration Panel which set out a review of the Members’ Allowances Scheme for the period 1 April 2014 to 31 March 2015.

Councillor Ray Manning, Leader of the Council, proposed the recommendations set out in the report and reported his intention to discuss the frequency of such reviews at the next meeting of the Civic Affairs Committee.

Councillor Simon Edwards, Deputy Leader and Portfolio Holder for Finance and Staffing, seconded the proposal.

Council unanimously:

(1)        ENDORSED the Independent Remuneration Panel’s report.

(2)        AGREED:

a)    that during 2014, the Independent Remuneration Panel reviews the basis and process for determining and allocating Special Responsibility Allowance payments against the need to demonstrate transparency, consistency, objectivity and fairness and with reference to benchmarked best practice in other comparable authorities for consideration by Council in 2015;

b)    that Members’ Allowances be increased by the equivalent percentage amount as the Council agrees to apply to the pay rates of council staff, effective from the same date as staff;

c)    that Councillor induction material is updated so as to ensure that all Councillors are both aware of the expenses addressed through the payment of the Basic Allowance and also of the other expenses to which they are entitled to make claims for reimbursement.

To receive any questions on joint meetings held since the last Council meeting. 

No questions on joint meetings were raised. 

“In recent weeks, statements have been made by the Portfolio Holder for Planning Policy and Localism and indeed from officers that after the consultation responses to the draft Local Development Plan have been collated and considered, this Council will only be looking to make ‘minor’ changes to the draft plan. In view of the significant opposition to parts of the draft plan, and the flaws that have been documented in some of the responses received particularly in relation to Bourn Airfield, it would seem that the Administration has already pre-determined the outcome of the consultation, a stance that makes a mockery of the consultation process.

Can the Leader please tell us if the proposals for Bourn Airfield are a ‘done deal’, and if not, why are we being told only minor changes to the draft proposals will be considered?”

Councillor Tumi Hawkins asked the Leader of the Council the following question:

“In recent weeks, statements have been made by the Portfolio Holder for Planning Policy and Localism and indeed from officers that after the consultation responses to the draft Local Development Plan have been collated and considered, this Council will only be looking to make ‘minor’ changes to the draft plan. In view of the significant opposition to parts of the draft plan, and the flaws that have been documented in some of the responses received particularly in relation to Bourn Airfield, it would seem that the Administration has already pre-determined the outcome of the consultation, a stance that makes a mockery of the consultation process.

Can the Leader please tell us if the proposals for Bourn Airfield are a ‘done deal’, and if not, why are we being told only minor changes to the draft proposals will be considered?”

Councillor Pippa Corney, Portfolio Holder for Planning Policy and Localism, responded to the question on behalf of the Leader and began by questioning the statements that she and officers were supposed to have made. 

Councillor Corney informed Members that a report would be submitted to her Portfolio Holder Meeting on 11 February 2014 in relation to last summer’s public consultation on the proposed Submission Local Plan.  She explained that at that meeting she would consider the issues raised in those representations and assess whether she considered the Local Plan was ready for submission to the Secretary of State.  If only minor changes were needed to the Plan, then it would be ready for submission and would be considered at the extraordinary meeting of Council on 13 March 2014 with her recommendation being to submit the document to the Secretary of State.  If, however, she decided that major changes were needed, those changes would need to be published for public consultation.  This would mean that the extraordinary meeting in March would be cancelled and the Local Plan would not be submitted until the autumn at the earliest and possibly longer depending on the scale of any changes.

Councillor Corney reminded the Council that all of this was communicated by letter to those who made representations in the summer and was also included in the winter edition of the South Cambs Magazine, as well as being on the Council’s website.

She concluded by emphasising to Council the importance of her Portfolio Holder Meeting on 11 February 2014 and the extraordinary Council meeting on 13 March 2014, or later depending on her decision.

Councillor Tumi asked the following question as a supplementary:

“Are you going to be taking steps to take some action on responses that you have had?”

Councillor Corney reiterated the process that would be followed at her Portfolio Holder Meeting on 11 February 2014 and the extraordinary meeting of Council on 13 March 2014 should she decide to recommend the Local Plan for submission to the Secretary of State.

“It is just over a year since this Council agreed to spend £45,000 on new furniture for the Council Chamber.  It was claimed at the time that this decision was informed and driven by a firm business case which demonstrated that the new furniture would make the chamber attractive to outside bodies to use for corporate events and that would generate significant revenue for the Council.  Can the Leader please tell us how much we have earned this financial year from hiring out the Chamber, how many bookings are currently taken for the forthcoming calendar year and what the expected income is for the next financial year?”

Councillor Bridget Smith asked the Leader of the Council the following question:

“It is just over a year since this Council agreed to spend £45,000 on new furniture for the Council Chamber.  It was claimed at the time that this decision was informed and driven by a firm business case which demonstrated that the new furniture would make the chamber attractive to outside bodies to use for corporate events and that would generate significant revenue for the Council.  Can the Leader please tell us how much we have earned this financial year from hiring out the Chamber, how many bookings are currently taken for the forthcoming calendar year and what the expected income is for the next financial year?”

Councillor David Whiteman-Downes, Portfolio Holder for Corporate and Customer Services, responded to this question and said that, in checking the minutes of the relevant Council meeting, one of the main reasons for replacing the furniture was for health and safety reasons due to it not adhering to Fire Regulations.  He reflected on the growth of the internal population at South Cambridgeshire Hall which meant that the Council Chamber was seeing an increase in use and reported that it had been used for external training sessions.  Since August 2013 when the new furniture was installed, out of 105 usable days, the Council Chamber had been used 60 times for internal use, nine times externally and was unused for 36 days.

Councillor Whiteman-Downes added that the Facilities Manager, who would have taken this work forward, left the Council in October 2013 and it was anticipated that his replacement would be in post by the end of March 2014.

Councillor Bridget Smith asked the following question as a supplementary:

“How much money has been earned by the nine external events, what is the marketing strategy for earning more and could I have sight of the document?”

Councillor Whiteman-Downes responded by saying that the Council Chamber was a great facility and the Council needed someone to manage it and move things forward.  The new Facilities Manager should be in place by the end of March to do this.  He added that rates for full-day and half-day rental of the Council Chamber were in place, with full-day rental being set at £189 excluding VAT. 

“The Pear Tree pub in Hildersham recently closed and was swiftly converted into a furniture shop by the owners. Although the change was legal and national legislation permits it without the need for further planning permission, the loss of the only pub in the village has been a huge blow for local people.

Pubs are important places where communities come together to socialise, particularly in small rural communities. As the pub was of such importance to the village, Hildersham Parish Council successfully applied for it to be registered as an ‘asset of community value’. This allows community groups time to bid for registered assets if they are put up for sale.

The provision has been successfully used in the district as the Scout Campsite in Little Abington was saved when it was put up for sale. However, the legislation does nothing to help villagers when the owners of vital registered assets, such as the final pub in a village, take advantage of the flexibilities introduced into the use class orders over recent years. At Hildersham the pub had already been decommissioned with the pumps, heart and soul ripped out when the owners changed how they are using the building and there was nothing that could be done.

In my view this is simply wrong and is not what the Government intended when they introduced the Community Right to Bid. The two pieces of national legislation are not working hand-in-hand.

More protection is needed to make sure pubs cannot automatically be changed into shops and offices, which offer far less to the community, without local people and councillors being able to have a say. This could happen to any pub in the district, county or country and I call upon all members to support the following notice of motion to lobby for change:

That this Council:

-       demands that Central Government issues regulations to remove the permitted development rights for change of use of pubs if they have been successfully registered as community assets

-       lobbies local MPs, the Local Government Association and other relevant bodies to support the proposed change.

By removing the permitted development rights for pubs listed as assets of community value, local people will be given more of a say and no change could be made without planning permission being sought and granted.

Please join me and stand up for your community too.”

Council AGREED the following motion:

That this Council:

a)    demands that Central Government issues regulations to remove the permitted development rights for change of use of pubs if they have been successfully registered as community assets;

b)    lobbies local Members of Parliament, the Local Government Association and other relevant bodies to support the proposed change.

Councillor Roger Hickford moved the motion as set out on the agenda and proposed

“That this Council:

a)    demands that Central Government issues regulations to remove the permitted development rights for change of use of pubs if they have been successfully registered as community assets;

b)    lobbies local Members of Parliament, the Local Government Association and other relevant bodies to support the proposed change.”

Councillor Kevin Cuffley seconded the proposal.

In debating the motion, reference was made to the meeting of the Planning Committee held on 16 January 2014 where the circumstances of the Pear Tree pub in Hildersham were considered relating to its change of use to a furniture shop.  Councillor Trisha Bear stated that the Council had no power to protect community assets and felt that the authority would be failing as a Council if it did not lobby Government in this way.  Councillor Deborah Roberts made the point that lots of pubs had closed in the district, but other amenities such as post offices and shops had also closed which were equally as important to local communities.

Councillor Douglas de Lacey felt that the term ‘demand’ would not portray the right message to Government from the Council when lobbying on this issue.  He was also keen to protect all pubs and not just those that had been successfully registered as community assets.  In view of these two points he proposed an amendment to the first part of the motion to replace the word ‘demands’ with the words ‘strongly requests’ and remove the words ‘if they have been successfully registered as community assets’ so it read:

“That this Council:

a)    strongly requests that Central Government issues regulations to remove the permitted development rights for change of use of pubs;

b)    lobbies local Members of Parliament, the Local Government Association and other relevant bodies to support the proposed change.”

Councillor Neil Scarr seconded the amendment.

Responding to the amendment, Councillor Roger Hickford was of the view that the Council should demand these regulations from the Government.  He was also concerned that if these regulations were applied to all pubs, rather than just to those registered as community assets, there was a real danger that villages could see unsustainable pubs standing as empty buildings.

Further points raised in discussing the amendment were noted as follows:

·         those communities who had not registered their local pubs as community assets should not be impeded.  By restricting the regulations to only those pubs registered as community assets meant that there would be inequality across the district;

·         the fact that certain pubs in the district had already been registered as community assets demonstrated how much local value was placed on the pubs themselves by the local people that used them;

·         the Council should stand up and be heard on this issue and should demand rather than request the issuing of these regulations.

Voting on the amendment, with 7 votes in favour, 38 votes against, 3 abstentions and 1 not voting, the amendment was lost.

(Councillor  ...  view the full minutes text for item 79a

“Current legislation relating to water companies' responsibilities with regard to sewerage do not afford the same protections/benefits that the settled community enjoy, to Gypsies and Travellers whose properties are currently treated in the same way as holiday caravan sites.

The Welsh Government is currently consulting on a change to its legislation that could remedy this.

Should the Welsh Government go on to effect this change it is highly probable that the same guidance would be adopted by our Government as the current guidance was jointly adopted between the Environment Agency and the Welsh Office. The Environment Agency has confirmed that it is appropriate for us to contribute to this consultation.

This Council asks that the Portfolio Holder for Health & Environmental Services prepares a response to the consultation on behalf of this Council that would support a change to the legislation to compel water companies to give Traveller sites more equal treatment.”

Council AGREED the following motion:

This Council asks that the Portfolio Holder for Health and Environmental Services prepares a response to the consultation on behalf of this Council that would support a change to the legislation to compel water companies to give Traveller sites more equal treatment.

Councillor Hazel Smith moved the motion as set out on the agenda and proposed:

“That this Council asks that the Portfolio Holder for Health and Environmental Services prepares a response to the consultation on behalf of this Council that would support a change to the legislation to compel water companies to give traveller sites more equal treatment.”

Councillor Smith referred to her experience in 2007 of petitioning Anglian Water to investigate whether they had a duty to provide a mains sewerage connection to a dense and low lying development in Fen Road, Chesterton.  There were over 250 traveller plots in that area at the time and the owners each had to make their own arrangements for sewage disposal.  She was of the view that if all of the caravans had counted as houses there would be no question that Anglian Water would have been required to provide a sewer.  The Ministerial guidance was now up for review by the Welsh Government and Councillor Smith had been informed that once the Welsh guidance was adopted, the Environment Agency would like the relevant Government Department in England to either adopt the same document or use it for their own new guidance.  Councillor Smith was keen for the legislation to change so that any caravans occupied as permanent residences with full planning permission were treated in the same way as bungalows or other permanent dwellings.

Councillor Lynda Harford seconded the motion.

Councillor Mick Martin, Portfolio Holder for Environmental Services, welcomed the motion and reported that he had already set up a working group to consider a response to this consultation, which was scheduled to meet shortly.  Any final response would be considered at his public Portfolio Holder Meeting before being submitted to the Welsh Government.

Voting on the motion, with 44 votes in favour, 1 vote against, 1 abstention and 3 not voting Council AGREED the following motion:

That this Council asks that the Portfolio Holder for Health and Environmental Services prepares a response to the consultation on behalf of this Council that would support a change to the legislation to compel water companies to give traveller sites more equal treatment.

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

Council noted those engagements attended by the Chairman and Vice-Chairman since the last Council meeting, as set out on the agenda.

Councillor David Bard, Chairman, thanked the Vice-Chairman for attending a number of engagements on his behalf during November and December whilst he recovered from a hip replacement operation.

In response to a question about The Great War commemorations later this year, Councillor Bard informed Members that he had recently attended the Annual General Meeting of the British Legion’s Cambridgeshire branch.  He was pleased to report that lots of events were being held in villages across South Cambridgeshire and asked Members to inform the Council’s Communications Team of anything that was taking place in the villages or communities that they represented.