Minutes

Proposed venue: Virtual Meeting using Zoom

Contact: Jane Fulton (Ext 37611) 

Note: To consider items 15 to 31 [as published for 17 March 2021 Meeting] 

Items
No. Item

512.

Welcome

Minutes:

            The Chairman welcomed Councillors, representatives of the public, press and officers to a further Full Council Meeting to conclude the items of business that remained outstanding from the last Council meeting held on 17 March 2021.  She extended a special welcome to Honorary Alderman Mrs Stinchcombe. 

 

513.

Change to the Order of the Agenda

Minutes:

            The Chairman confirmed that in view of the remaining items still to be concluded for this agenda, that in line with Council Procedure Rule 3.1 [Timing and Business] (xiii) she proposed a change to the order of the agenda as set out below:

 

After Agenda Item 15 [Transition to Committee Style of Governance] items would be considered in this order:

 

·           Item 17 – Cabinet – 11 January 2021

·           Item 19 – Constitution Working Party – 27 January 2021

·           Item 25 – Standards – 18 February 2021

·           Item 26 – Planning Policy Sub-Committee – 23 February 2021

·           Item 27 – Audit & Governance Committee – 25 February 2021

·           Item 28 – Constitution Working Party – 2 March 2021

·           Item 30 – Bognor Regis Sub-Committee – 4 March 2021

·           Item 10 – Questions from Members

 

The Chairman confirmed that if the remaining items listed below could not be concluded tonight then they would stand adjourned to a Special Meeting of the Council on 12 May 2021 – being items:

 

·           Item 16 – Development Control – 6 January 2021

·           Item 18 - Overview Select Committee – 26 January 201

·           Item 20 – Electoral Review Sub-Committee – 28 January 2021

·           Item 21 – Licensing Committee – 29 January 2021

·           Item 22 – Development Control Committee – 3 February 2021

·           Item 23 – Housing & Customer Services WG – 4 February 2021

·           Item 24 – Cabinet – 8 February 2021

·           Item 29 – Development Control Committee – 3 March 2021

·           Item 31 – Committee Memberships

 

514.

Apologies for Absence

Minutes:

            Apologies for absence had been received from Councillors Mrs Catterson, Clayden, Mrs Daniells, Mrs Erskine and Hughes and in respect of the Council’s remaining Honorary Aldermen.

515.

Declarations of interest

Minutes:

There were no Declarations of Interest made.

 

The Declaration of Interest Sheet set out below confirms those Members who had made a declaration of their personal interest as a Member of a Town or Parish Councillor or a West Sussex County Councillor, as confirmed in their Register of Interest as these declarations could apply to any of the issues to be discussed at the meeting. 

 

 

Name

Town or Parish Council or West Sussex County Council [WSCC]

Councillor Tracy Baker

Littlehampton

Councillor Kenton Batley

Bognor Regis

Councillor Jamie Bennett

Rustington

Councillor Paul Bicknell

Angmering

Councillor Billy Blanchard-Cooper

Littlehampton

Councillor Jim Brooks

Bognor Regis

Councillor Ian Buckland

Littlehampton and WSCC

Councillor Mike Clayden

Rustington

Councillor Andy Cooper

Rustington

Councillor Alison Cooper

Rustington

Councillor Sandra Daniells

Bognor Regis

Councillor David Edwards

WSCC

Councillor Roger Elkins

Ferring and WSCC

Councillor Paul English

Felpham

Councillor Steve Goodheart

Bognor Regis

Councillor Pauline Gregory

Rustington

Councillor June Hamilton

Pagham

Councillor Shirley Haywood

Middleton-on-Sea

Councillor David Huntley

Pagham

Councillor Henry Jones

Bognor Regis

Councillor Martin Lury

Bersted

Councillor Claire Needs

Bognor Regis

Councillor Mike Northeast

Littlehampton

Councillor Francis Oppler

WSCC

Councillor Jacky Pendleton

Middleton-on-Sea and WSCC

Councillor Vicky Rhodes

Littlehampton

Councillor Emily Seex

Littlehampton

Councillor Martin Smith

Aldwick

Councillor Samantha Staniforth

Bognor Regis

Councillor Matt Stanley

Bognor Regis

Councillor Isabel Thurston

Barnham & Eastergate

Councillor James Walsh

Littlehampton and WSCC

Councillor Jeanette Warr

Bognor Regis

Councillor Amanda Worne

Yapton

Councillor Gillian Yeates

Bersted

 

 

 

 

516.

Questions from Members with Pecuniary/Prejudicial Interests

Minutes:

There were no questions asked.

517.

Transition to Committee Style of Governance

Minutes:

            The Interim Monitoring Officer introduced this report reminding Councillors that the Council had made a binding statutory resolution on 15 January 2020 to change its form of governance to a Committee system effective from its Annual Council Meeting on 19 May 2021.

 

            This was a status report outlining the progress of transition to the Committee style Constitution and associated matters. It explained the revision and rewriting of the Constitution, which was complete, and that the new Constitutional document was almost ready for publication.

 

            The Leader of the Council, Councillor Dr Walsh, in proposing the four recommendations set out in the report, confirmed that the Council had now concluded most of its work and he thanked Members and Officers for their work undertaken in re-writing the Council’s constitution.

 

            The recommendations were then seconded by Councillor Mrs Yeates.

 

            The Council

 

                        RESOLVED – That

 

(1)          The completion of the writing of the new Constitution be noted;

 

(2)          The plans to brief Members on the contents of the new Constitution be noted;

 

(3)          It be agreed that on completion of the briefing for Members on the new Constitution, it will be submitted to Full Council on 12 May 2021 for publication; and

 

(4)          It be noted that the next meeting of the Constitution Working Party is scheduled for 28 June 2021.

 

518.

Cabinet - 11 January 2021

Minutes:

            The Chairman, Councillor Dr Walsh, presented the Minutes from the meeting of Cabinet held on 11 January 2021.

 

            Councillor Dr Walsh alerted Members to the first recommendation at Minute 401 [Housing Revenue Account Business Plan Update] which he formally proposed.  The recommendation was seconded by Councillor Mrs Gregory.

 

            The Council

 

                        RESOLVED

 

That the updated Housing Revenue Account Business Plan for 2020/21 be noted.

 

            Councillor Dr Walsh then drew Members’ attention to the next recommendation at Minute 403 [Supplementary Estimate to Cover Costs Awarded Against the Council in Appeals – Y/103/18/PL and EP/148/20/PL] which he formally proposed.  The recommendation was then seconded by Councillor Lury.

 

            The Council

 

                        RESOLVED

 

That a supplementary estimate of a maximum of £33,000 be approved to settle the award of costs in respect of applications Y/103/18/PL and EP/148.20/PL.  This equates to a Band D Council Tax equivalent of £0.53.

 

 

 

 

519.

Constitution Working Party - 27 January 2021

Minutes:

            The Chairman, Councillor Mrs Yeates, presented the minutes from the Constitution Working Party held on 27 January 2021.

 

            Councillor Mrs Yeates alerted Members to the first set of recommendations at Minute 36 [The New 2021 Constitution – Update Report] which she formally proposed.  The recommendations were then seconded by Councillor Mrs Gregory.

 

            The Council

 

                        RESOLVED – That

 

(1)          The progress and update provided in respect of the new Constitution be noted;

 

(2)          It be noted that the Licensing Sub-Committee functions be moved from Part 4, Section 4 to Part 3, Section 5 (Regulatory Committees);

 

(3)          The proposed changes to Part 6, Section 6, of the Constitution (Financial Procedure Rules) deferred by the Council on 26 November 2020 be approved to become Part 6, Section 3 of the new Constitution;

 

(4)          Provision be made for the business of a meeting to be varied by the Chairman or by the meeting – as set out below:

 

“the Order of Business other than business relating to (a) choosing a person to preside if the Chair and Vice-Chair are absent (b) apologies for absence (c) declarations of interest shall not be varied but, subject thereto, the order of business may be varied: a) by the chair in consultation with the Monitoring Officer or representative b) by resolution pass on a motion which shall be put without debate”.

 

(5)          All references to Chairman and Vice-Chairman in the Constitution be replaced with Chair and Vice-Chair; and

 

(6)      All titles, Miss, Mrs, Ms and Dr be discontinued.

520.

Standards Committee - 18 February 2021

Minutes:

            The Chairman, Councillor Edwards, presented the minutes from the meeting of the Standards Committee held 18 February 2021.

 

            Councillor Edwards drew Members attention to three recommendations at Minute 484 [Review and Revision of the Member Code of Conduct] which he duly proposed.  The recommendations were then seconded by Councillor Bennett.

 

            The Council

 

                        RESOLVED – That

           

(1)          It be noted that the adoption of a Code of Conduct for Members is merely one aspect of the overriding duty to promote and maintain high standards of conduct by Members;

 

(2)          The Local Government Association’s new Model Member Code of Conduct 2020 be adapted with the substitution of the Arun Appendix B for the LGA Appendix B and adopted as the proposed Statutory Arun Member Code of Conduct; and

 

(3)          The Interim Monitoring Officer consult with the County Council and the ADC Parish Councils with a view to adopting a consistent Code across the Arun District.

 

521.

Planning Policy Sub-Committee - 23 February 2021

Minutes:

            The Chairman, Councillor Yeates, presented the Minutes from the Planning Policy Sub-Committee held on 23 February 2021.

 

            Councillor Yeates alerted Members to a recommendation at Minute 37 [Interim Housing Statement] which she formally proposed with this recommendation being seconded by Councillor Lury.

 

            The Council

 

                        RESOLVED

 

                        That the Housing Interim Statement be approved.

 

            Councillor Yeates then referred to Minute 35 [Local Plan Update – Vision and Objectives] and made a statement.  She confirmed that the Planning Policy Sub-Committee had been unable to agree the Local Plan Vision and Objectives. A suggested way forward, as reflected in the minutes, had not been constitutionally accurate and so further consideration of this matter would stand deferred and would be referred to the most appropriate meeting of the new Planning Policy Committee within the new Committee structure.

 

            In response to this statement, Councillors spoke in support of the action taken confirming that they were pleased that this constitutional inaccuracy had been addressed.  Also, in recognition of the many points and views made at the Sub-Committee meeting, it made sense to allow for all of these ideas and suggestions to be brought together into a further document for Councillors to discuss again prior to the Local Plan Aims and Objectives being approved.

 

            There was one Councillor who expressed concern over the delay this might cause to the work being undertaken by Officers in progressing important evidence studies and other work associated with reviewing the Local Plan. Concern was also raised over the issue of coastal gaps and as reference to strategic gaps had been removed from the vision and objectives along with other major issues such as references to increasing diversity and increasing general employment; reducing the need for travel; promoting sustainable forms of transport, reference to affordability and the housing mix.  In view of these omissions, another opportunity to review the vision and objectives against what had been agreed at the Members’ Seminar and workshops held was welcomed.

 

 

522.

Audit & Governance Committee - 25 February 2021

Minutes:

            The Vice-Chairman, Councillor Haywood, presented the minutes from the meeting of the Audit & Governance Committee held on 25 February 2021. 

 

            Councillor Haywood alerted Members to the first of a series of recommendations the first being at Minute 497 [Capital Strategy] which she formally proposed.  This recommendation was then seconded by Councillor Bennett.

 

            The Council

 

                        RESOLVED 

 

                        That the Capital Strategy 2021/22 be approved.

 

            Councillor Haywood then turned to three recommendations at Minute 498 [Treasury Management Strategy Statement and Annual Investment Strategy] which she formally proposed.  The recommendations were then formally seconded by Councillor Bennett.

 

            The Council

 

                        RESOLVED – That

 

(1)  The Treasury Management Strategy for 2021/22 be approved;

 

(2)  The Annual Investment Strategy for 2021/22 be approved; and

 

(3)          The Prudential Indicators for 2021/22, 2022/23 and 2023/24 as contained in Appendix 1 and the body of the report be approved.

 

523.

Constitution Working Party - 2 March 2021

Minutes:

 

            The Chairman, Councillor Yeates, presented the minutes from the Constitution Working Party meeting held on 2 March 2021.

 

            Councillor Mrs Yeates alerted Members to a series of recommendations at Minute 41 [Final Report – Review of the Constitution for Transition to Committee Style of Governance].  In proposing the recommendations, Councillor Mrs Yeates confirmed that Recommendation 2 regarding the Financial Procedure Rules needed to be withdrawn as this recommendation was a duplication and had just been approved when Councillors had considered and approved the recommendations from the meeting of the Constitution Working Party held on 27 January 2021. The remaining recommendations were then seconded by Councillor Gregory, these being Recommendations (1), (3), (4) and (5).

 

            Some Councillors spoke to confirm their views on the change to the Committee system which they opposed. They felt that the change in governance arrangements was a great mistake which could be easily proved as out of 162 District Councils only 5 operated a Committee system and some had already reverted back to a Leader and Cabinet form of governance highlighting that the Committee system did not work.

 

            Other Councillors supported the viewpoints made and added their concern that there was still a lot of work that had not been finished and that the work undertaken to date had been rushed.  A Members’ Seminar had been promised but not delivered. This was vital, as there were many Councillors who did not fully understand how the new Committee system would function and operate.  Questions were asked as to whether a Members’ Seminar and training would be provided and if so, when?  Similarly, Councillors asked if Officers had received appropriate training and how this was progressing.

 

            Following some debate, the Chief Executive confirmed that out of the Council’s Senior Managers around 70-80 Officers had received training.  Also, two new Committee Services Officers had been appointed ahead of the new Committee structure commencing on 19 May 2021.

 

            Following further discussion on the timescales for this work, Councillor Yeates confirmed that a huge amount of work had been undertaken in reviewing the Council’s Constitution in preparing for the new Committee structure and she thanked Officers, especially the Chief Executive and Interim Monitoring Officer, for the work that had been presented to many meetings of the Working Party held during the last year to facilitate the change in governance structure. The result of this work was that the Council now had a final working document which would be reviewed as the new structure commenced and could be changed if it was found that there were elements that were not working or needed to be adjusted.  

 

            Following further discussion, a request was made that the voting on the recommendations be split so that a separate and recorded vote could be taken on Recommendation 1 [That the completion of the writing of the new Constitution be noted].

 

            Those voting for Recommendation 1 were Councillors Batley, Bennett, Blanchard-Cooper, Brooks, Buckland, Coster, Dixon, Goodheart, Gregory, Hamilton, Haywood, Huntley, Jones, Lury, Needs, Oppler, Purchese, Smith, Staniforth,  ...  view the full minutes text for item 523.

524.

Bognor Regis Regeneration Sub-Committee - 4 March 2021

Minutes:

(At the commencement of this item, Councillor Goodheart declared a Personal Interest in Minute 19 – Bognor Regis Place Branding and in relation to any reference made to the Rox Festival).

 

            The Chairman, Councillor Stanley, presented the Minutes from the meeting of the Bognor Regis Regeneration Sub-Committee held on 4 March 2021.

 

            Councillor Stanley then referred Members to a recommendation at Minute 19 [Bognor Regis Place Branding] which he duly proposed.  This recommendation was then seconded by Councillor Brooks.

 

            The Council

 

                        RESOLVED

 

That the findings of the place branding perception study be noted as a reflection on community perceptions following the public consultation exercise.

 

            Councillor Stanley confirmed that there was now a second recommendation for the Council to consider and he provided some background to this and revised minutes which had been uploaded to the Full Council webpage as a supplement.  He outlined that at the Sub-Committee meeting, a vote had been undertaken on whether the Place Branding core values and brand filter for all Council activity in Bognor Regis should be adopted.  The result of the vote undertaken was that the Sub-Committee voted against this recommendation. Following consultation with the Interim Monitoring Officer, it was confirmed that the Bognor Regis Regeneration Sub-Committee did not have the authority to not bring this matter to Full Council based on the outcome of the vote, but that a recommendation to not to adopt the place branding core value should have been forwarded to Full Council to allow debate by all Members to make the final decision.  In view of this, Councillor Stanley confirmed that this formed the second recommendation for the Council to consider. In proposing it, Councillor Stanley confirmed that he wished to make an amendment and he provided some background information to this.  The recommendation read as follows: additions are shown in bold and deletions shown using strikethrough

 

           Full Council adopts the place branding Core Values and “Brand Filter” approach are not adopted for all Council activity in Bognor Regis with a review by the relevant Committee after a twelve month period to assess progress”.

 

            This amendment was seconded by Councillor Staniforth.

 

            The Chairman then invited debate on this amendment.

 

            Debate commenced with Councillors speaking against this amendment.  This was because they could not agree with the detail surrounding the core values which they felt contained outdated information and as only 600 people had been involved in the topic and been asked questions. It was also felt that the information presented only related to Bognor Regis and no other part of the area such as Bersted, Aldwick or Pagham. 

 

            Other Councillors confirmed that they could not support the amendment on the grounds that the Sub-Committee had already decided that it did not want this to be presented to Full Council for further determination.  This amendment was an attempt to bypass the Sub-Committee’s conclusion of this item.  

 

            Following further debate, Councillor Stanley confirmed that he wished to withdraw this amendment. 

 

            The Chairman then returned to the substantive  ...  view the full minutes text for item 524.

525.

Questions from Members

Minutes:

The Chairman confirmed that the Questions from Members along with their responses had been circulated to Councillors earlier in the day and had been uploaded to the Full Council website.  She outlined that the questions and responses would be put without discussion, in line with the Constitution.

 

            The Chairman then invited each questioner to ask a supplementary question.

 

            Supplementary questions were asked in relation to all questions that had been submitted. These questions and the supplementary responses would be uploaded to the Full Council website following this meeting.

 

            Councillor Northeast confirmed that he wished to suspend Council Procedure Rules as he had been very disappointed that at last night’s meeting of the Overview Select Committee, due to a lack of Cabinet Member attendance, Members of the Committee had been denied their chance to ask the Cabinet questions.  The Leader of the Council had stated that the questions could be asked at this meeting as part of this item. 

 

            Councillor Northeast then formally proposed a Motion without Notice 15 (m) [to suspend a particular Council Procedure Rule] to allow Cabinet Member Questions and Updates from last night’s meeting of the Overview Select Committee to be heard at the end of this item. This proposal was seconded by Councillor Roberts.

 

            Advice was sought from the Interim Monitoring Officer who confirmed that Council Procedure Rule 15 made reference to Motions without Notice and 15(m) was the rule that needed to be applied in this instance to suspend a particular Council Procedure Rule and that the particular Council Procedure Rule that was being referred to was the rule where only those minutes that were before the Council could attract questions. His view was that Councillor Northeast had proposed to suspend that procedure rule and this was what Councillors would be asked to vote on.

 

            In discussing this proposal, it was suggested that only Members who had attended last night’s meeting of the Overview Select Committee be entitled to ask a Cabinet Member a question now, otherwise it would make this matter very complicated.  This suggestion was highlighted as a very sensible way forward by the Interim Monitoring Officer.

 

            In terms securing the good management of the meeting, it was also suggested that a timeframe be placed on the question time period allowed and that the questions be constrained to an agenda item and not be allowed to be applied to all remaining items on this agenda.

 

            A 30 minute timeframe was suggested for these Cabinet Member questions and this was formally proposed by Councillor Dr Walsh as an amendment to Councillor Northeast’s Motion without Notice 15 (m). Councillor Northeast confirmed that he was happy to accept this, however Councillor Roberts asked it a further 15 minutes could be added to the 30 minute timeframe, to be applied at the Chairman’s discretion. On this being put to the vote, it was declared CARRIED.

 

            It was confirmed that the following Councillors [Members of the Overview Select Committee or those that had attended as substitutes], be permitted  ...  view the full minutes text for item 525.

526.

Development Control Committee - 6 January 2021

Minutes:

            The Chairman, Councillor Bennett, presented the minutes from the Development Control Committee held on 6 January 2021.

 

            Councillor Coster then asked a question in relation to Minute 394 [Appeals] in accordance with Council Procedure Rule 13.1. He confirmed that the first bullet point related to the Inglenook application and that he had only recently been made aware that at Development Control, Councillors could ask questions and discuss the appeals submitted and determined at the Committee. Councillor Coster then raised concerns in terms of the way this appeal had been dealt with by the Council and the Consultant that had been appointed to address the access issues and concerns raised by Members. He was concerned that Members who had been involved with this application had not been invited to take part in the appeals process and that generally, the case had been badly handled in various ways.  Councillor Coster confirmed that he would be happy to receive a written response from Councillor Bennet on this matter. 

 

527.

Overview Select Committee - 26 January 2021

Minutes:

            The Chairman, Councillor Northeast, presented the Minutes from the meeting of the Overview Select Committee held on 26 January 2021. 

 

528.

Electoral Review Sub-Committee - 28 January 2021

Minutes:

            The Chairman, Councillor Oppler, presented the Minutes from the meeting of the Bognor Regis Sub-Committee held on 28 January 2021.

 

529.

Licensing Committee - 29 January 2021

Minutes:

            The Chairman, Councillor Oppler, presented the Minutes from the meeting of the Bognor Regis Sub-Committee held on 28 January 2021.

 

530.

Development Control Committee - 3 February 2021

Minutes:

              The Chairman, Councillor Bennett, presented the Minutes from the Development Control Committee held on 3 February 2021.

 

531.

Housing & Customer Services Working Group - 4 February 2021

Minutes:

 

            The Chairman, Councillor Bennett, presented the Minutes from the meeting of the Housing & Customer Services Working Group held on 4 February 2021.

 

532.

Cabinet - 8 February 2021

Minutes:

            The Chair, Councillor Walsh, presented the Minutes from the meeting of Cabinet held on 8 February 2021, with the exception of Minute 465 [Council Budget 2021/22], as this had been dealt with at the Special Meeting of the Council held on 17 February 2021.

 

            Councillor Gunner then asked a question in accordance with Council Procedure rule 13.1 in relation to Minute 461 [Urgent Business] and forthcoming Elections to be held on 6 May 2021 which he wished to present to the Deputy Leader of the Council and Cabinet Member for Corporate Support.  Planning for these elections, in a Covid-19 environment, had resulted in a staggering cut in the number of polling stations being provided.  What consultation had the Cabinet Member undertaken with political parties and residents on this matter and was he comfortable with the provision of polling stations for this Election?

 

            Councillor Oppler responded confirming that the Covid crisis had completely transformed the way in which the Council was able to conduct this Election. Central Government had taken the decision to allow the Elections to proceed and in response the Council had undertaken an extensive campaign in respect of encouraging people to take up postal votes as this was recognised as the most convenient and safest way to vote in this election. On polling stations, this had been a decision made by the Chief Executive as the returning officer and Councillor Oppler confirmed that he supported the decisions made.

 

            The Chairman announced that as the duration of the meeting was nearing the threshold of 10.30 pm, in line with constitutional requirements, it was necessary to ask Councillors for their approval to extend the meeting to the maximum time allowed which was 11.00 pm, at which time the meeting would be adjourned if all business had not been concluded.

 

            On putting this to the vote, this was CARRIED.

 

 

533.

Development Control Committee - 3 March 2021

Minutes:

            The Chair, Councillor Bennett, confirmed that the minutes from the meeting held on 3 March 2021 had not been included in the supplement pack and so would be presented to the next Full Council meeting held on 12 May 2021.

 

 

534.

Committee Memberships

Minutes:

There were no changes in Committee Memberships to announce.