Decisions

            (Prior to consideration of this application, Councillor Mrs Warr declared a prejudicial/personal interest as she had considered and voted on the matter at a meeting of the Bognor Regis Town Council.  She stated she would leave the meeting during its consideration and would be placed in the waiting room.

Under the Public Speaking Rules, a statement was read out on behalf of Councillor Stanley as Ward Member.))

            BR/55/20/PL – Proposed first and second floor extensions, Abbots Lawn, Sylvan Way, Bognor Regis

             In presenting this report, the Planning Team Leader provided a verbal update on comments that had been received from the Tree Officer, who was of the view that there were two options in relation to addressing the parking issues in relation to trees, (i) to take car parking away; or (ii) add appropriate conditions to any permission to ensure there was adequate control to mitigate any harm.  Members were directed to the agenda where conditions relating to the trees had been recommended to ensure details were received as to how the trees would be protected during the building works.

            Members participated in a lengthy discussion which centred around concern for the possible loss of trees; the impact of the proposal on residential amenity of nearby properties; and a request for the provision of a cycle rack.  The Planning Team Leader addressed all the issues raised and the Committee then

RESOLVED

That the application be approved as detailed in the report.    

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.

(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.

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 St Maur project;

(3)          subject to the approval of Recommendation (2) above, funding of up to £235k be vired from the Sunken Gardens project to this project for the associated project costs;

(4)          enhancement proposals for Place St Maur are prepared for public consultation; and

(5)          these new proposals rescind all previous decisions taken on the Hothamton site.

Councillor Gunner asked a question in accordance with Council Procedure Rule 13.1 in relation to Minute 500 [Review of Planning Services] asking if an update could be provided in terms of when the outcome of this review would be known.   The Chief Executive confirmed that the review was near to completion and that a draft report with recommendations would be shared with Councillors soon.

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

(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.

(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, 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 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 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 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 who took part in its debate.  The support was in response to the fact that before the Council implemented its Local Plan it had the situation where there had been planning by appeal as the Council did not have the protection of a local plan.  This had caused a lot of issues and large legal costs.  The Council now had a similar issue with its land supply and there was the real threat that planning by appeal could again occur. It was hoped that there could be some flexibility in the system to allow for the construction of houses that people really wanted, this being affordable housing for younger people residing in the District and a move away from the construction of large 4-5 bedroomed executive homes.

            Councillor Dixon, as seconder to the Motion, outlined that the Motion attempted to address the current injustices in the planning system by making the Government aware of these ongoing issues and by asking it to put forward something that would be fairer for Councils.  He thanked Members for their contribution and debate.

            Councillor Ms Thurston, as proposer of the Motion, thanked Members for their understanding of the issues raised. She stated that the situation had been exasperated by Covid-19 and so it was more important than ever to keep on pushing the messages onto Government.  Other Councils were debating similar Motions with this issue being led by the Local Government Association. A final point raised was Councillor Ms Thurston’s view that the residents of the District needed to be educated on this important matter as they did not  understand this complexities being discussed and often took issue with the Council building all over the District stating that it was responsible for development occurring in places that were not allocated by Councils. The Motion would hopefully assist this ongoing problem and it was hoped that the Minister for Housing Communities and Local Government would listen.

            The Council

            RESOLVED

That 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 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; and

·         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.