Agenda and minutes

            The Chairman welcomed Councillors, representatives of the public, press and officers to the Council Meeting.  A special welcome was extended to Honorary Alderman Norman Dingemans.

The Chairman announced the news that former Council Officer, Cathy Southcombe had passed away in early August 2020.  Cathy had worked in the Council’s Tourist Information Centres back in the 1990s at Arundel, Bognor Regis and Littlehampton but had been based more permanently at the Fontwell TIC office which had received the award “Best TIC in England in 1992”.

The Chairman passed on the Council’s thoughts and prayers to Cathy’s family and friends at this time and then asked the Council to take part in a minute’s silence to her memory.

            Apologies for absence had been received from Councillors Mrs Caffyn, Mrs Catterson and Mrs Erskine and from Honorary Aldermen Mrs Goad, MBE, Mrs Morrish and Mrs Stinchcombe.

Members and Officers are invited to make any declarations of pecuniary, personal and/or prejudicial interests that they may have in relation to items on this agenda, and are reminded that they should re-declare their interest before consideration of the item or as soon as the interest becomes apparent.

Members and Officers should make their declaration by stating:

a)  the item they have the interest in

b)  whether it is a pecuniary, personal and/or prejudicial interest

c)  the nature of the interest

d) if it is a pecuniary or prejudicial interest, whether they will be exercising their right to speak under Question Time

            Councillor Northeast made a request for his name to be added to the usual table of declarations included in the minutes outlining those Councillors who had declared on their register of interest that they were either a Town, Parish or West Sussex County Councillor.  

            A Declaration of Interest Sheet had been circulated to the meeting setting out 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.  This table is set out below:

To receive questions from the public (for a period of up to 15 minutes)

The Chairman invited questions from members of the public who had submitted their questions in advance of the meeting in accordance with the rules of the Council’s Constitution and the Virtual Meeting Procedure Rules amended by the Council on 15 July 2020.

The Chairman confirmed that twelve questions had been submitted – these have been very briefly summarised below:

1. From Mr Cosgrove to the Leader of the Council, Councillor Dr Walsh regarding Bognor Regis Regeneration
2. From Mr Chester to the Leader of the Council, Councillor Dr Walsh regarding coastal erosion at Climping
3. From Mr Coppard to the Cabinet Member for Residential Services, Councillor Mrs Gregory regarding a housing issue surrounding his lodger
4. From Mrs Birch to the Leader of the Council, Councillor Dr Walsh regarding the Climate Change Emergency declared by the Council
5. From Mr Burt to the Cabinet Member for Community Wellbeing, Councillor Mr Yeates regarding the establishment of a community lottery
6. From Mr Cosgrove to the Cabinet Member for Technical Services, Councillor Stanley regarding the Bognor Regis Arcade
7. From Mr Chester to the Leader of the Council, Councillor Dr Walsh regarding police presence in Littlehampton
8. From Mr Cosgrove to the Leader of the Council, Councillor Dr Walsh regarding the London Road Lorry Park in Bognor Regis
9. From Mr Cosgrove to the Leader of the Council, Councillor Dr Walsh regarding Bognor Regis regeneration and applying for a loan from the Local Government Loans Board
10. From Mr Cosgrove to the Leader of the Council, Councillor Dr Walsh regarding the consideration of regeneration proposals at a future meeting of the Bognor Regis Regeneration Sub-Committee
11. From Mr Cosgrove to the Cabinet Member for Commercial and Business Development, Councillor Coster regarding the climate for inward investment and new revenue streams for the District
12. From Mr Cosgrove to the Leader of the Council, Councillor Dr Walsh regarding the free transfer of the ownership of Hotham Park to Bognor Regis Town Council.

All of the questions were responded to and supplementary questions asked in respect of questions 1, 6 and 10.

            (A schedule of the full questions asked and the responses provided can be found on the Pubic Question Web page at: https://www.arun.gov.uk/public-question-time )

The Chairman then drew Public Question Time to a close.

To receive questions from Members with pecuniary/prejudicial interests (for a period of up to 15 minutes)

            There were no questions for this item.

To consider any petitions received from the public.

The Chairman confirmed that no Petitions had been received

To approve as a correct record the Minutes of the Meetings of the Council held on 15 and 22 July 2020, which are attached.

            The minutes from the Full Council Meetings held on 15 and 22 July 2020 were approved as a correct record by the Council.  The Chairman confirmed that these would be signed at the earliest opportunity available to her.

To receive such announcements as the Chairman may desire to lay before the Council.

The Chairman alerted Members to the list of engagements and events that had been attended since the meetings of Full Council held on 15 and 22 July 2020, which had been emailed to Councillors recently.

            The Chairman then provided an overview of the events that she had attended during the Covid-19 lockdown period.

To deal with business not otherwise specified in the Council summons which, in the opinion of the Chairman of the Council (in consultation with the Chief Executive), is business of such urgency as to require immediate attention by the Council.

The Chairman confirmed that there was one urgent item requiring the consideration of the Council.

            This was the need to present the minutes from the meeting of the Overview Select Committee held on 9 June 2020 which had been deferred at Full Council on 22 July 2020.

            The Chairman confirmed that these minutes would be presented as a new Item 15a – prior to the presentation of the Minutes from the Overview Select Committee held on 1 September 2020.  The minutes had been published to the Full Council web page on 15 September 2020 as part of the second supplement pack.

The Chairman, Councillor Dr Walsh, will present the Minutes from the meeting of Cabinet held on 20 July 2020.  There is a recommendation at:

o   Minute 91 – [Supplementary Estimate to Defend Appeals at Middleton Poultry Farm [M/80/19/PL]; Inglenook Hotel, Pagham [P/58/19/PL]; and Land East of Shripney Road, Shripney [BE/109/19/OUT] – to view the Officer’s report please click on this link - Report

            The Chairman, Councillor Dr Walsh, presented the Minutes from the meeting of Cabinet held on 20 July 2020.

            Councillor Dr Walsh alerted Members to a recommendation at Minute 91 [Supplementary Estimate to Defend Appeals at Middleton Poultry Farm [M/80/19/PL; Inglenook Hotel, Pagham [P/58/19/PL]; and Land East of Shripney Road, Shripney [BE/109/19/OUT].  Councillor Dr Walsh outlined that approval was being sought for a supplementary estimate of £40,000 to allow the Council to defend three planning appeals for major development where planning permission had been refused by the Development Control Committee.  Councillor Dr Walsh formally proposed the recommendation which was then seconded by Councillor Lury.

            In debating the recommendation many comments were made. Concern was expressed over the fact that the Planning Department had a very limited budget for this work and that the increase in workload for Officers could not be sustained by existing resources.  Another concern, which had been detailed in the Officer’s report, was that it may be difficult to find a consultant that would be willing to defend the decisions taken by the Council.  It was felt that the Development Control Committee was making unreasonable decisions and that the £40k supplementary estimate request did not include the cost of potentially losing the appeals.  The report had also warned Councillors of the fact that there could be further appeals that could place the Council back into this situation again. 

            Other opinions provided focused on the performance of the Planning Department in terms of defending appeals, and the quality of decision making at Development Control which was often contrary to Officer advice. 

            Following a lengthy debate,

            The Council

                        RESOLVED

That a supplementary estimate of £40,000 is agreed in order to defend decisions taken on planning applications M/80/19/PL, P/58/19/PL and BE/109/19/0UT at planning appeal be approved.

[The Band D equivalent for £40k supplementary estimate is £0.64].

The Chairman, Councillor Bennett, will present the Minutes from the meeting of the Housing & Customer Services Working Group held on 21 July 2020.  There is a recommendation at:

o   Minute 9 [Work Programme] – to view the Work Programme, please click on this link - Work Programme

            The Chairman, Councillor Bennett, presented the Minutes from the meeting of the Housing & Customer Services Working Group held on 21 July 2020.

            Councillor Bennett confirmed that there was one recommendation to consider at Minute 9 [Work Programme] which was to approve the Working Group’s Work Programme for the remainder of the Municipal Year 2020/21 which he formally proposed.  The recommendation was then seconded by Councillor Mrs Pendleton.

            The Council

                        RESOLVED

                        That the Work Programme for the Housing & Customer Services Working Group for 2020/21 be approved.

            The Chairman, Councillor Bennett, will present the Minutes from the meeting of the Development Control Committee held on 29 July 2020.  There are no recommendations.

            The Chairman, Councillor Bennett, presented the Minutes from the meeting of the Development Control Committee held on 29 July 2020.

The Chairman, Councillor Mrs Erskine, will present the Minutes from the meeting of the Audit & Governance Committee held on 30 July 2020.  There are recommendations at:

o   Minute 156 [Treasury Management Annual Report] – to view the Officer’s report – please click on this link - Report

o   Minute 157 [Chairman’s Annual Report] – to view the Chairman’s Annual Report – please click here – Report and Appendix

The Vice-Chairman, Councillor Mrs Haywood, presented the Minutes from the Audit & Governance Committee held on 30 July 2020.

            Councillor Mrs Haywood alerted Members to the first set of recommendations at Minute 156 [Treasury Management Annual Report] which she duly proposed.  The recommendations were then seconded by Councillor Bennett.

            The Council

                        RESOLVED – That

(1)          the actual prudential and treasury indicators for 2019/20 contained in the report be approved;

(2)          the annual treasury management report for 2019/20 be noted; and

(3)          the treasury activity during 2019/20 which has generated interest receipts of £850,000 (1.31%). Budget £596,000 (1.24%) be noted.

            Councillor Mrs Haywood then alerted Members to the final recommendation at Minute 157 [Chairman’s Annual Report] which she duly proposed.  The recommendation was seconded by Councillor Bennett.

            The Council

                        RESOLVED

That the content of the Chairman’s annual report be endorsed. 

            The Chairman then adjourned the meeting for a short comfort break.

            In proceeding to the next item on the agenda, the Chairman proposed a Motion without Notice to change the order of the agenda to allow Agenda Items 14 and 15 to be considered together. This Motion was seconded by Councillor Brooks. On this Motion being to the vote, it was declared CARRIED.

The Chairman, Councillor Mrs Yeates, will present the Minutes from the meeting of the Constitution Working Party held on 17 August 2020.  There are no recommendations.  However, there are a series of recommendations to consider as set out in the minutes from the second part of the meeting deferred to 24 August 2020. 

Attached is the covering report from the Chief Executive for information purposes.  The extracts from the Constitution listed below and discussed at this meeting and the meeting held on 24 August 2020 will form a separate pack and will be circulated separately to this agenda

·         Part 1 – Summary and Explanation

·         Part 2 – Articles of the Constitution

·         Part 3 – Responsibility for Functions

·         Part 4 – Officer Scheme of Delegation; and

·         Part 5 – Meeting Procedure Rules  

            The Chairman, Councillor Mrs Yeates, presented the Minutes from the meetings of the Constitution Working Party held on 17 and 24 August 2020. 

            Councillor Mrs Yeates explained that the Constitution Working Party was reporting back to Full Council on the progress of the work to date in implementing the new governance arrangements.  The minutes from the meeting held on 24 August 2020, contained a list of recommendations relating to Parts 1 to 5 of the Constitution. The background papers showing the replacement sections for Parts 1 to 5 of the Constitution had been uploaded to the Full Council website on 9 and 15 September 2020.

            Councillor Mrs Yeates confirmed that there was a slight error in the minutes from the meeting of 24 August 2020 at Recommendation (4) in that the Service Committee set out in the third bullet point should read the Environment and Neighbourhood Services Committee and not the Environment and Wellbeing Service Committee.  It was outlined that Parts 6 to 8 would be considered by the Working Party at its next meeting.

            Councillor Mrs Yeates then provided a summary and brief overview of the work undertaken by the Working Party on 17 and 24 August 2020 to assist Members in considering the list of recommendations before them.  A summary of the verbal report made has been set out below:

·         Part 1 – Summary and Explanation – It was explained that a glossary of terms had been drawn up which would be updated as necessary when Parts 6 to 8 of the Constitution were reviewed.

·         Part 2 [Articles of the Constitution], any references to the Cabinet system had been removed and consequential changes made.  At the heart of the Committee system was Article 11 where at Paragraph 3 four types of decision making had been identified being:

(a)          Decisions reserved to Full Council

(b)         Decisions made by Committees appointed by the Full Council

(c)          Decisions made by Sub-Committees appointed either by the Full Council or a Committee

(d)          Decisions made by Officers

·         Part 3 of the Constitution [Responsibility for Functions].  Under the Committee system, little change had been made to Full Council.  Looking at Committees, the new Constitution functions not reserved by Full Council would be delegated to the six Service Committees and no longer to Cabinet.  This section of the Constitution identified the six Service Committees and the four Regulatory Committees.  The role and remit of each of the Service Committees had been fully investigated and debated by the Working Party and the minutes had clearly detailed the key issues detailed below:

·           property matters - property and asset management.  Following full debate, the Working Party had proposed that Asset Management Strategy and the Property Investment Strategy be the responsibility of the Economic Committee.  It had then been suggested that the rational for the division of functions was that the Corporate Committee would be responsible for operational properties and that commercial properties would be the responsibility of the Economic Committee.  An enquiry into how this would work has  ...  view the full minutes text for item 196.

            The Chairman, Councillor Northeast, presented the minutes from the meeting of the Overview Select Committee held on 9 June 2020 which had been circulated separately to the agenda as a Supplement.

            The Chairman, Councillor Northeast, will present the Minutes from the meeting of the Overview Select Committee held on 1 September 2020.  There is one recommendation at:

o   Minute 172 [Work Programme 2020/21] – to view the Committee’s work programme, please click on this link - Work Programme

            The Chairman, Councillor Northeast, presented the minutes from the meeting of the Overview Select Committee held on 1 September 2020.

            Councillor Northeast confirmed that there was one recommendation for the Council to consider at Minute 172 which was to approve the Committee’s Work Programme for the remainder of 2020/21.  Councillor Northeast formally proposed this recommendation which was seconded by Councillor English.

            Councillor Gunner made a statement and asked questions in accordance with Council Procedure Rules 13.1 and 13.2 on Minute 171 [Cabinet Member Questions and Updates] in relation to responses that had been provided by the Leader of the Council, Councillor Dr Walsh and other Cabinet Members as part of that item.  Councillor Gunner referred to a range of issues which he felt were broken election promises made by the Liberal Democrat Group.

            Following some discussion and having had a Point of Order raised, the Council returned to consider the vote on Recommendation 171 [Work Programme for 2020/21].

                        The Council

                                    RESOLVED

                                    That the Work Programme for the Overview Select Committee for the remainder of 2020/21 be approved.

            Having received an explanation from the Chief Executive on Council Procedure Rules 13.1 and 13.2, the Chairman invited Councillor Gunner to continue to ask his questions on Minute 171 [Cabinet Member Questions and Updates].

            Councillor Gunner made a statement outlining what were in his opinion broken promises made by the Liberal Democrat Group relating to revamping tourism; regeneration options for Bognor Regis; plans to enhance the heritage asset; the future of the Bognor Regis Arcade; and matters relating to Council Tax.

            Councillor Dr Walsh responded reminding Councillors that the Council had been dealing with the Covid-19 pandemic for the past six months and that this had had to be the Council’s priority.  He confirmed that the Bognor Regis Town Hall could only be transferred to Bognor Regis Town Council has a sale and that it could not be gifted. Regeneration plans were ongoing for Bognor Regis but had been slowed down due to Covid-19.  Finally, Councillor Dr Walsh confirmed that he was delighted with the cross-party Covid-19 Working Party that had been established by Cabinet to address how the Council would embrace recovering from the Covid-19 pandemic. This had been set up as a joint initiative from himself, as Leader of the Council, the Chief Executive and Councillor Gunner a Leader of the Opposition.

            A range of further politically driven and rhetorical questions were asked by Councillors Chapman and Dendle which were responded to. 

The following Motions have been received in accordance with Council Procedure Rule 14.1 and 14.2, the details of which are set out below:

Motion One

This is from the Green and Liberal Democrat Group.

The Council declared a Climate Emergency at Full Council in January 2020.  Whilst welcoming much good ecological work that is ongoing, such as tree planting and the planned creation of Green Infrastructure, further action is required.  The Council will review and update the bio-diversity policies within the Local Plan, informed by a new Bio-Diversity Action Plan 2021-2026 to be created.  This Action Plan to include consideration of the following:

·         A local Nature Reserve site map, showing existing wildlife areas, parks, green spaces, woods and marine protected and other areas such as churchyards and school fields, to inform new development and ensure habitat is joined up.

·         Reviewing recognised and potential wildlife corridors and areas of protection and looking at ways of joining them to provide wider foraging areas.

·         SPD covering new guidelines for developers on including wild areas and ‘pocket parks’ as part of planting as well as ensuring the areas are maintained.  With such high levels of building, these areas will ensure stepping-stones of bio-diversity across the district.

·         Ensuring the increased planting of wild areas in council owned parks and properties

·         Including information for the public about the purpose and importance of wilding

·         Managing invasive species

·         Promoting opportunities for community engagement for activities such as tree planting and the creation of wildflower areas as well as looking after such spaces

·         Launching a public awareness campaign to encourage and promote wildlife-friendly gardening in the district, including pesticide awareness

·         Setting a target for the council to phase out the use of glyphosates and to join the growing number of councils that are pesticide free

·         Commissioning a report into watercourses and aquifers in the district and strengthening measures to prevent pollution caused by chemicals that leach into the soil and water from farming and run off

Motion Two

This is from the Conservative Group:

This Council recognises the impact Covid-19 continues to have across the District, and in particular the economic uncertainty it has presented. Council notes the continuing opportunity for Bognor Regis to play a major part in the economic growth of the District and the necessary regeneration required to support such growth. 

Council believes that the prospects of regeneration of Bognor Regis will be strengthened if proposals are developed through an open and meaningful consultation, and that all prospective developers are given the opportunity to make presentations to the viability of regeneration schemes. 

This Council wishes to extend an invitation to the Sir Richard Hotham Project (SRHP), and any other prospective developer to present the merits of their scheme in a presentation, face to face, or virtual, at their earliest convenience. 

Officers are instructed to facilitate such arrangements. 

Prior to the commencement of this item, the Chairman called a five- minute adjournment.

            The Chairman confirmed that two Motions had been received and accepted as valid in accordance with Council Procedure Rules 14.1 and 14.2.

            The Chairman confirmed that the first Motion had been submitted from the Green and Liberal Democrat Groups and she invited the proposer, Councillor Ms Thurston to present her Motion.

            Councillor Ms Thurston outlined that this Motion had been delayed from the 18 March 2020 Full Council meeting which had been cancelled due to the Covid-19 pandemic.  She emphasised that many people had, during the lockdown period, valued wildlife more with some species benefitting from a pause in human activity, however this had been only been a short pause.

            This Motion was very timely as the UN’s report on Biodiversity had just been published and recent television programmes starring David Attenborough had addressed the real threat that some plants were threatened with extinction which was a major concern.  This confirmed that the United Kingdom was one of the more nature depleted countries in the world with over half of its species being in decline caused by climate change, a loss of habitat and due to the impact of infrastructure and road building on natural habitats.

            The Council’s Local Plan stated that it would protect the District’s land however it was currently the case that many examples were being overridden by conflicting demands – all too often a wildlife site was marooned and surrounded by development impacting local species.  Arun was an area that was lucky to have rare chalk streams and sites of specific scientific interest as well as traditional farmland and a beautiful coastline. At the same time, more and more pressure was being put onto the Council to build on some of these areas and this threat would continue to increase.

            This Motion sought to raise the profile of biodiversity moving forward and it sought to ensure that part of the work that the Council would be undertaking in addressing its climate emergency would seek to protect and enhance natural habitats. The Government’s Environmental Bill recognised some of these problems and proposed a Nature Recovery Strategy together with funding for local authorities to protect biodiversity.  If accepted, the Motion would put the Council into a good position to start work and when funding became available. 

            A lot of work had commenced but the Motion would bring the objectives that the Council needed to achieve together in the form of a Biodiversity Action Plan. 

            Councillor Mrs Staniforth then seconded the Motion.

            The wording of the Motion has been set out below:

The Council declared a Climate Emergency at Full Council in January 2020.  Whilst welcoming much good ecological work that is ongoing, such as tree planting and the planned creation of Green Infrastructure, further action is required.  The Council will review and update the bio-diversity policies within the Local Plan, informed by a new Bio-Diversity Action Plan 2021-2026 to be created.  This Action Plan  ...  view the full minutes text for item 199.

To consider general questions from Members in accordance with Council Procedure Rule 13.3.

            There were no questions for this meeting.

The Leader of the Council will report the following changes to Committee Memberships that need to be noted by the Council, as set out below:

(1)  Councillor Bower to replace Councillor Dendle on the Audit & Governance Committee;

(2)  Councillor Roberts to replace Councillor Mrs Madeley on the Constitution Working Party;

(3)  Councillor Mrs Caffyn to replace Councillor Cooper on the Littlehampton Regeneration Sub-Committee;

(4)  Councillor Hughes to replace Councillor Mrs Pendleton on the Planning Policy Sub-Committee;

(5)  Councillor Bicknell to replace Councillor Dendle on the Housing & Customer Services Working Group;

(6)  Councillor Mrs Cooper to replace Councillor Clayden on the Overview Select Committee; and

(7)  Councillor Clayden to replace Councillor Mrs Caffyn on the Staff Appeals Panel

The Council noted various changes to Committee memberships as detailed below:

(1)  Councillor Bower to replace Councillor Dendle on the Audit & Governance Committee;

(2)  Councillor Roberts to replace Councillor Mrs Madeley on the Constitution Working Party;

(3)  Councillor Mrs Caffyn to replace Councillor Cooper on the Littlehampton Regeneration Sub-Committee;

(4)  Councillor Hughes to replace Councillor Mrs Pendleton on the Planning Policy Sub-Committee;

(5)  Councillor Bicknell to replace Councillor Dendle on the Housing & Customer Services Working Group;

(6)  Councillor Mrs Cooper to replace Councillor Clayden on the Overview Select Committee; and

(7)  Councillor Clayden to replace Councillor Mrs Caffyn on the Staff Appeals Panel

The Council is asked to approve any changes to its representation on Outside Bodies.

There were no changes made to the representation of Outside Bodies.