Minutes

            The Chairman welcomed Councillors, representatives of the public, press and officers to the meeting which would be considering Items 12 to 44 which were outstanding from the Council meeting held on 15 July 2020.  A special welcome was extended to Honorary Norman Dingemans.

            The Chairman then provided a brief summary outlining how she expected the meeting to be conducted.

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

Councillor Coster declared interests in the following agenda items:

·           Item 12 [Development Control Committee – 8 January 2020 – Minute 355 [AW/237/19/PL] The Former Ship Inn, Aldwick Street, Aldwick] – this was a Personal Interest

·           Item 31 – [Development Control Committee – 3 June 2020 – Minute 45 – AW/237/19/PL – The Former Ship Inn, Aldwick Street, Aldwick – this was a Personal Interest

·           Item 34 [Bognor Regis Regeneration Sub-Committee – 17 June 2020 in relation to Minute 6 – Update on Options for the Redevelopment of the Regis Centre Area – this was a Personal Interest as a Member of the Bognor Regis Civic Society

·           Item 18 [Development Control Committee – 5 February 2020 – Minute 419 – M/80/10/PL Former Poultry Farm, Land West of Yapton Road, Middleton on Sea – this was a Pecuniary Interest and Councillor Coster confirmed that he would make a request to leave the meeting by being placed in the Waiting Room if any discussion arose on this item.

            Councillor Dixon declared his Personal Interests in Items 17 [Bognor Regis Regeneration Sub-Committee – 4 February 2020]; Items 26 – Cabinet – 9 March 2020 – Minute 499 (Public Realm Projects in Bognor Regis – The Sunken Gardens and Place St Maur]; and Item 34 – Bognor Regis Regeneration Sub-Committee – 17 June 2020 as he was a Member of the Bognor Regis Civic Society. 

            Councillor Bennett declared a Personal Interest in Agenda Item 21 [Electoral Review Sub-Committee – Minute 12 (General Election December 2019 Report) as he was a candidate in the General Election. 

            Councillor Dr Walsh declared a Personal Interest in Item 40 [Local Government Pension Scheme – Pensions Discretions for Arun District Council} as he was a Committee Member of the West Sussex County Council Pensions Fund as a Member of West Sussex County Council.

            Councillor Brooks declared a Personal Interest in Agenda Item 17 [Bognor Regis Regeneration Sub-Committee – 4 February 2020] in respect of all the items as a Member of Arun Arts.

            Councillors Blanchard-Cooper and Lury both declared their Personal Interests in Agenda 40 [Local Government Pension Scheme – Pensions Discretions for Arun District Council] as they were both in receipt of a West Sussex County Council pension.

            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:

(Prior to the commencement of this item, Councillor Coster redeclared his interest made at the start of the meeting).

            The Chairman, Councillor Bennett, presented the Minutes from the meeting of the Development Control Committee held on 8 January 2020. 

            The Chairman, Councillor Dr Walsh, presented the Minutes from the meeting of the Cabinet held on 13 January 2019.

            Councillor Dr Walsh alerted Members to a recommendation at Minute 370 [Audit & Governance Committee – 21 November 2019 – Minute 311 – Update on Progress of the Council’s Property Investment Fund] and confirmed that the reasoning for proposing the change of the 75% threshold to 50% was that it would provide greater flexibility for the Council to manage its reserves and would make more money available for investment in the Council’s existing assets over the coming years. The recommendation was then seconded by Councillor Oppler. 

            The Council

                        RESOLVED

That the 75% threshold within section 5.1 of the Property Investment Strategy 2017-2022 be changed to 50%.

            The then Chairman, Councillor Coster, presented the Minutes from the meeting of the Overview Select Committee held on 14 January 2020.

            The Chairman, Councillor Blanchard-Cooper, presented the Minutes from the meeting of the Licensing Committee held on 24 January 2020.

The then Chairman, Councillor Coster, presented the Minutes from the meeting of the Overview Select Committee held on 28 January 2020. 

            The Vice-Chairman, Councillor Brooks, presented the Minutes from the meeting of the Bognor Regis Regeneration Sub-Committee held on 4 February 2020.

            (Prior to the commencement of this item, Councillor Coster redeclared his Pecuniary interest made at the start of the meeting and confirmed that if there was any discussion in relation to Minute 419 – he would request to be placed in the Waiting Room for this item).     

            The Chairman, Councillor Bennett, presented the Minutes from the meeting of the Development Control Committee held on 5 February 2020.

            The Chairman, Councillor Bennett, presented the Minutes from the meeting of the Housing & Customer Services Working Group held on 6 February 2020.  

            The Chairman, Councillor Dr Walsh, presented the minutes from the meeting of Cabinet held on 10 February 2020.

            The Vice-Chairman, Councillor Jones, presented the Minutes from the meeting of the Electoral Review Sub-Committee held on 11 February 2020.

            The Vice-Chairman, Councillor Mrs Haywood, presented the minutes from the Audit & Governance Committee held on 13 February 2020.

            Councillor Mrs Haywood alerted Members to the first set of recommendations at Minute 442 [Capital Strategy] which she duly proposed.  The recommendation was then seconded by Councillor Bennett.

            The Council

                        RESOLVED

                        That the Capital Strategy 2020/21 to 2022/23 be approved.

            Councillor Mrs Haywood then alerted Members to the final round of recommendations at Minute 443 [Treasury Management Strategy and Statement and Annual Investment Strategy] which she formally proposed.  The recommendations were then seconded by Councillor Bennett.

            The Council

                        RESOLVED – That

(1)  The Treasury Management Strategy for 2020/21 be approved;

(2)  The Annual Investment Strategy for 2020/21 be approved; and

(3)  The Prudential Indicators for 2020/21. 2021/22 and 2022/23 be approved.

The Chairman, Councillor Mrs Yeates, presented the Minutes from the meeting of the Planning Policy Sub-Committee held on 25 February 2020.

            Councillor Mrs Yeates alerted Members to recommendations at Minute 30 [Revocation of Older Supplementary Planning Document and Supplementary Planning Guidance].  The recommendation was then seconded by Councillor Jones.

            The Council

                        RESOLVED

That the older Supplementary Planning Documents and Supplementary Planning Guidance set out under paragraphs 1.1 and 1.2 of the report be revoked because they are replaced, are out of date and have no material weight.

            Councillor Mrs Yeates then referred Members to the next recommendation at Minute 35 [High Level Development Principles for the Barnham, Eastergate/Westergate (BEW) Strategic Planning Allocation] which sought endorsement of the Council to a series of high-level development principles to guide the form of development at BEW.  Councillor Mrs Yeates formally proposed the recommendation which was then seconded by Councillor Jones.

            The Council

                        RESOLVED

That the High-Level Development Principles appended to the report and as amended at the meeting be endorsed to guide the form of the development at the Barnham / Eastergate / Westergate (BEW) Strategic Planning Allocation.

            The then Chairman, Councillor Mrs Staniforth, presented the Minutes from the meeting of the Environment & Leisure Working Party held on 27 February 2020.

            Councillor Goodheart asked a question in accordance with Council Procedure Rule 13.1 in relation to Minute 16 [Cemeteries Policy] in relation to the Bognor Regis Chapel and asked if an update could be provided on the cost of work required. Councillor Mrs Staniforth undertook to provide an update to Councillor Goodheart outside of the meeting.

The Vice-Chairman, Councillor Ms Thurston presented the minutes from the meeting of the Development Control Committee held on 4 March 2020.

The Chairman, Councillor Dr Walsh, presented the minutes from the meeting held on 9 March 2020.

            The Chairman alerted Members to first recommendation at Minute 497 – Corporate Plan 2018-2022 – Quarter Two Performance Report for the period 1 July to 30 September 2019] which sought approval to amend the target figure for Indicator CP10 [Total Rateable Business Value  for the Arun District] from £91m to £99m.  Councillor Dr Walsh formally proposed the recommendation which was then seconded by Councillor Oppler.

            The Council

                        RESOLVED

            That approval be given to amend the target figure for Indicator CP10 from £91m to £99m with effect from Quarter One in 2020.

            Councillor Dr Walsh then presented the next set of recommendations at Minute 499 [Public Realm Projects in Bognor Regis – The Sunken Gardens and Place St Maur] which he duly proposed.  The recommendations were seconded by Councillor Oppler.

            Many Councillors debated the recommendations. Comments were made that the proposals outlined were unimaginative and could not be classed as meaningful regeneration schemes. Bognor Regis had waited long enough for a viable project to come forward and requests were made for the Council to now consider the Sir Richard Hotham Project as an alternative option to investigate along with any other ideas that could be put forward by other organisations,

            It was acknowledged that the Place St Maur was crying out for refurbishment or complete re-design to enhance it allowing larger and more diverse events to be held at this key location. It was recognised as a vitally important strategic site that linked the seafront to the Town.  The landscape enhancements proposed would provide a natural link from the seafront encouraging visitors to venture into the Town. The permanent footings and infrastructure would secure the placement of the temporary ice rink located each year around the festive period.  The proposals had received support from the Bognor Regis BID, the Bognor Regis Regeneration Board and many local traders.  On this basis, it was felt that the package of measures proposed would enhance and improve Bognor Regis and so the recommendations proposed were supported by some Councillors. 

            A request was made that the named vote undertaken on this item be recorded.

            Those voting for the recommendations were Councillors Bennett, Blanchard-Cooper, Brooks, Buckland, Coster, Mrs Daniells, Dixon, Edwards, Goodheart, Mrs Gregory, Mrs Hamilton, Mrs Haywood, Huntley, Jones, Lury, Miss Needs, Oppler, Smith, Mrs Staniforth, Tilbrook, Ms Thurston, Dr Walsh, Mrs Warr, Mrs Worne, and Mrs Yeates (25).  Those voting against were Councillors Bicknell, Bower, Clayden, Mrs Cooper, Cooper, Dendle, English, Gunner, Kelly, Mrs Pendleton, Miss Rhodes and Roberts (12).  Councillors Hughes, Oliver-Redgate and Miss Seex abstained from voting (3).

            The Council, therefore

                        RESOLVED

(1)          the design brief for public realm improvement at Place St Maur, Bognor Regis be approved which will form the basis of the tender process for the project;

(2)          delegated authority be given to the Director of Services to procure consultants to undertake RIBA Stages 0-7 to enable the delivery of the Place  ...  view the full minutes text for item 114.

            The then Chairman, Councillor Coster, presented the Minutes from the Overview Select Committee held on 10 March 2020.

The Chairman, Councillor Dr Walsh, presented the Minutes from the meeting of Cabinet held on 29 April 2020.

            The Chairman, Councillor Bennett, presented the minutes from the meeting of the Development Control Committee held on 26 May 2020. 

            The Chairman, Councillor Dr Walsh, presented the minutes from the meeting of Cabinet held on held on 1 June 2020.

            Councillor Goodheart asked a question in accordance with Council Procedure Rule 13.1 in relation to Minute 39 [The Council’s Response to the Covid-19 Pandemic Situation] in relation to the question that had been asked  regarding the reopening of London Road and the provision of one-way movement through Bognor Regis.  This had not progressed and so an explanation was sought.  He asked if the lack of progress had been down to the Bognor Regis BID not agreeing with this proposal or whether this had been due to a WSCC highway matter. It was explained that London Road was open for business and this had been successfully accomplished.  Congratulations were extended to all who had cooperated.  The decision had been taken to not install one-way barriers as it was felt that they would restrict heavily on pedestrian movement in the Town.  

(Prior to the commencement of this item, Councillor Coster redeclared his interest made at the start of the meeting).

            The Chairman, Councillor Bennett, presented the minutes from the meeting of the Development Control Committee held on 3 June 2020.

The Vice-Chairman, Councillor English announced that due to staffing issues within the committee section, it has not been possible to present a set of minutes to this meeting.  The minutes would be presented to the next meeting of Full Council in September 2020.

            The Chairman for the meeting, Councillor Cooper, presented the minutes from the Littlehampton Regeneration Sub-Committee held on 10 June 2020.

            Councillor Brooks made a statement in accordance with Council Procedure Rule 13.2 in relation to Minute 10 Summary of Tourism Support Currently Provided by Arun District Council] in terms of the discussion that had taken place on the Sussex by the Sea website and the use of social media. Mention had been made that Members become engaged in the overhaul of this project and so an update was requested in terms of when a meeting to discuss this Member could be organised. The Chairman of the Sub-Committee, Councillor Miss Seex responded confirming that a company called Blue Sail Consulting had been procured to look at the Council’s tourism offering.  It was hoped that some exciting expert level advice on how the Council cold enhance its tourism hub could be shared soon.

            Councillor Mrs Pendleton made a statement in accordance with Council Procedure Rule 13.2 in relation to Minute 11 [Littlehampton Position Statement] stating that the update provided on the Look & Sea Centre was misleading.  Councillor Mrs Pendleton was advised that any correction required to the Minutes could be made at the next meeting of the Sub-Committee.

(Prior to the commencement of this item, Councillor Brooks declared a Personal Interest in all the Minutes as a voting member of Arun Arts and as he was a Premier Inn card holder).

Councillor English declared a Personal Interest in all the Minutes and Councillors Coster and Dixon redeclared their interests made at the start of the meeting).

            The Vice-Chairman, Councillor Brooks, presented the Minutes from the meeting of the Bognor Regis Sub-Committee held on 17 June 2020.

            Councillor Roberts them made a Statement in accordance with Council Procedure Rule 13.2 in relation to Minute 6 [Update on Options for the Redevelopment of the Regis Centre Area] outlining that the Sub-Committee had made a sensible decision in not accepting the redevelopment options put forward. As mentioned earlier in the meeting, the Council was urged to consider the proposals from the Sir Richard Hotham Project (SRHP).  

            A lengthy debate then took place about the need to examine further the SRHP; why the project had not been pushed forward and when the Council had made decisions to not pursue the project.

            Further Points of Order were raised over the need to consider the SRHP and in response the Director of Place explained why the Council had not pursued entering into an agreement with SRHP.  This explanation was not accepted, and it was argued that the Council had not taken a specific vote on any project specification. As there were lots of residents interested in this proposal, which had changed significantly in the last 5 years, the Council was urged to consider all options for a plan for Bognor Regis.  The SRHP presented a real opportunity and a Members’ Seminar was requested. 

            The Chairman, Councillor Dr Walsh, presented the Minutes from the meeting of Cabinet held on 22 June 2020.

            The Chairman, Councillor Bennett, presented the Minutes from the Development Control Committee held on 24 June 2020.

            Following an exchange of words between Councillor Roberts and the Chairman, the Chairman called for a short comfort break and adjourned the meeting which was resumed after a period of 7 minutes.

            On the meeting reconvening, apologies were exchanged between the Chairman, Councillor Roberts and Councillor Gunner.

(Prior to the commencement of this item, Councillor Mrs Haywood, declared a Personal Interest in Minute 8 [Local List of Non-Designated Heritage Assets] as she lived in a listed property).

            The Chairman alerted Members to the first recommendation at Minute 6 [High Level Development Principles for the West of Bersted Strategic Allocation] which sought the endorsement of the Council to a series of high-level development principles to guide the form of development at West of Bersted.  Councillor Mrs Yeates formally proposed the recommendation which was seconded by Councillor Jones.

            The Council

                        RESOLVED

That the High-Level Development Principles appended to the report and as amended, be endorsed to guide the form of the development at the West of Bersted Strategic Planning Allocation.

            Councillor Mrs Yeates then alerted Members to a recommendation at Minute 8 [Local List of Non-Designated Heritage Assets] which she duly proposed.  The recommendation was then seconded by Councillor Jones.

            The Council

                        RESOLVED

That the Buildings or Structures of Character and Areas of Character Supplementary Planning Documents be deleted and that the existing Area of Character descriptions be saved and placed on the Council’s website. 

            Finally, Councillor Mrs Yeates, presented two recommendations at Minute 9 [Arun Local Development Scheme] which she formally proposed.  The recommendations were then seconded by Councillor Jones.

            The Council

                        RESOLVED – That

(1)          the Local Development Scheme July 2020 for the period 2020-2023 as amended (and set out in Background Paper 1) be adopted; and

(2)          Authority be delegated to the Group Head of Planning, in consultation with the Chairman and the Portfolio Holder for Planning, to undertake minor updating and drafting of any amendments required to the LDS prior to publication.

The Chairman announced that one Motion had been received in accordance with Council Procedure Rules 14.1 and 14.2, from the Green Group and the Independent Group.  The wording of this Motion had been set out in the covering agenda and is set out below:

The Council requests that the Leader of the Council writes to the Minister for Housing Communities and Local Government requesting:

    • That the Minister notes the severe problems that exist with the ‘5-year housing land supply” rules in the National Planning Policy Framework (NPPF) as outlined above

    • That the Minister considers revising the housing land supply rules (5-year or other durations) such that, provided the planning authority has allocated sufficient land to housing in its Local Plan, the authority shall have been deemed to have met its obligations and there would be no grounds for third parties to demand the release of further land for development

    • That any other measures introduced to ensure appropriate delivery of homes should be actionable by the local authorities themselves on behalf of local people to ensure that the right homes are built for the right people, in the right places.

            The Chairman then invited the proposer of the Motion, Councillor Ms Thurston to present her Motion.

            Councillor Ms Thurston stated that her Motion addressed the 5-year land supply rules in the National Planning Policy Framework (NPPF) which was now having severe consequences for the District in terms of the number of homes being built. The Arun District was badly affected by the five-year land supply which in Arun stood at 3.7 years resulting in the Council having much less control over where development went causing great uncertainty and cost for the Council.  The Council and its residents were keen to try and change these unfair rules.  Councillor Ms Thurston stated that if this Motion was approved, Arun would be joining other Councils in trying to get the right houses built in the right places and in a planned manner.  There had also been much uncertainty since the Covid-19 lockdown with the Minister for Housing, Communities and Local Government seeking to sweep away more planning regulations taking further control away from Councils. The Motion asked the Minister to stop penalising Councils and residents.    

            Finally, Councillor Ms Thurston confirmed that she proposed to slightly amend her Motion by inserting the wording “and Housing Delivery Test rules, after the words “housing land supply” in the second bullet point to read as follows:

·         That the Minister considers revising the housing land supply and housing delivery test rules (5-year or other durations) such that, provided the planning authority has allocated sufficient land to housing in its Local Plan, the authority shall have been deemed to have met its obligations and there would be no grounds for third parties to demand the release of further land for development

            The Motion including the amendment was then seconded by Councillor Dixon.

            The Chairman then invited debate on the Motion, which received the support of all Members  ...  view the full minutes text for item 126.

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 questions 4 and 5. These questions and the supplementary responses can be found on the Full Council website.

(Prior to the commencement of this item, Councillors Dr Walsh, Blanchard-Cooper and Lury all redeclared their Personal Interests made at the start of the meeting).

The Leader of the Council, Councillor Dr Walsh, presented this report explaining that the Local Government Pension Scheme was a statutory pension scheme and as such, its rules were laid down under Act of Parliament. However, an employer had certain discretions to enhance members' benefits under the Scheme’s regulations.  Employers who participated in the Local Government Pension Scheme were required to have a discretions policy which should be kept under regular review.  The discretions available to employers were set out in the regulations, some of which were mandatory, meaning that the Council had to have a written policy stating its position on these discretions.  There was no requirement to have a written policy for non-mandatory discretions, however, in the interests of transparency and completeness, these had been included. It was highlighted that UNISON had been consulted and the discretions policy had been discussed and agreed at a recent Staff Consultation Panel meeting held on 24 June 2020. Details of the changes that have been made following the most recent annual review had been set out in the appendices within the report for approval by the Council.    Councillor Dr Walsh then proposed the two recommendations set out in the report which were then seconded by Councillor Oppler.

The Council

            RESOLVED – That

(1)          The proposed changes to Arun District Council’s Pension Discretions as set out in Appendix 1 and 2 to the report be approved; and

(2)          Delegated authority be given to the Group Head of Corporate Support to make necessary changes to the pension discretions resulting from changes to employment legislation or Council Policy.

(Prior to the commencement of this item, the Chief Executive declared a Pecuniary Interest in this item as the Pay Policy Statement referred to the remuneration of the Chief Executive.  The Chief Executive confirmed that if debate commenced on this item, he would then make a request to be placed into the waiting room).

            The Leader of the Council, Councillor Dr Walsh, presented this report   explaining that the Localism Act 2011 required English and Welsh local authorities to produce a pay policy statement for each financial year.  Its purpose was to ensure transparency by setting out the Council’s policies on determining remuneration for its employees. The definition of remuneration within the act was quite wide and included not just pay but also charges, fees, allowances, benefits in kind, increases in and enhancements to pension entitlements and termination payments.  The Localism Act stated the process for approving the pay policy statement which included being formally approved by the Council.  The Pay Policy Statement also had to be published on the Council’s website following approval by the Council. Councillor Dr Walsh then formally proposed the two recommendations which were then seconded by Councillor Oppler.

The Council

            RESOLVED – That

(1)          The Pay Policy Statement 2020/21 be approved for publication on the Arun Council website; and

(2)          Delegated responsibility be given to the Group Head of Corporate Support to make changes to the Pay Policy Statement should new legislation be introduced during the forthcoming year that influenced its contents.

Councillor Mrs Yeates, as Chairman of the Constitution Working Party, presented a report seeking approval to amend Part 5, Section 1 of the Council’s Constitution to remove the practice of substitution rules applying to the membership of the Licensing Sub-Committee in line with legal advice.  Councillor Mrs Yeates then proposed the three recommendations which were then seconded by Councillor Dr Walsh.

The Council

            RESOLVED – That

(1)          Part 5, section 1, Council Procedure Rule 27 (Substitution) is amended to add the words “These substitution rules will not apply to meetings of the Licensing Committee”;

(2)          Any reference to substitute Members on the Licensing Committee be removed from the list of Appointments to Committees in the current Municipal Year and future years; and

(3)          the Interim Monitoring Officer be authorised to make any further consequential amendments to the Constitution.

The Council received and noted the membership of the newly established Covid-19 Recovery Working Party as set out below:

            Councillor Chapman (Chairman), Tilbrook (Vice-Chairman) Bennett, Mrs Cooper, Cooper, Dendle, Mrs Haywood, Mrs Staniforth, Ms Thurston and Dr Walsh.

No changes to representation to Outside Bodies were reported to this meeting.