Agenda, decisions and minutes

To receive apologies for absence.

Apologies have been received from Councillors Gillian Ford, Stephanie Nunn and Ron Ower.

Received from Councillors Durant, Ford, Mugglestone, Nunn, Ower, Wilkes and Wood.

Apologies for absence were received from Councillors David Durant, Gillian Ford, Barry Mugglestone, Stephanie Nunn, Ron Ower, Julie Wilkes and John Wood.

To sign as a true record the minutes of the meeting of the Council held on 13 July 2016 (attached).

Minutes AGREED as a correct record.

The minutes of the meeting of the Council held on 13 July 2016 were before the Council for approval.

It was AGREED that the minutes of the meeting of the Council held on 13 July 2013 be signed as a correct record.

RESOLVED:

That the minutes of the Council meeting held on 13 July 2016 be signed as a correct record.

Members are invited to disclose any interest in any of the items on the agenda at this point of the meeting. 

Members may still disclose any interest in an item at any time prior to the consideration of the matter.

No interests were disclosed.

There were no disclosures of interest.

To receive announcements (if any).

The Mayor congratulated the organisers of the Collier Row Community Carnival and staff who had worked on the Havering Show. Both events had been well attended with 21 London and Essex Mayors in attendance at the Havering Show. The recent Mayor’s garden party had raised in excess of £2,000.

The Mayor announced that her other charities for the year would be Havering Association for People with Disabilities and Havering Mind.

The text of the announcements made by the Leader of the Council is attached as appendix 1 to these minutes.  

Councillors Dilip Patel and David Johnson have given notice of intention to present a petition.

To receive any other petition presented pursuant to Council Procedure Rule 23.

Received from Councillors Patel and Johnson.

Pursuant to Council Procedure Rule 23, the following petitions were presented:

From Councillor Patel concerning the size and volume of vehicles using Lawns Way following the introduction of a nearby width restriction.

From Councillor Johnson concerning a request to introduce a ban on street drinking in the area immediately around the shops in Farnham Road.

Note: The deadline for amendments to reports published with the final Council agenda is midnight, Monday 12 September 2006.

To consider a report of the Governance Committee on Exclusions of Prior Approvals from Councillor Call-in Process (attached).

Report AGREED with division.

A report of the Governance Committee requested Council to agree that prior approval planning applications could not be called-in to the Regulatory Services Committee unless an Extension of Time agreement had been sought and agreed by the applicant. Such prior approvals would henceforth be included in the weekly publicity list in to better communicate to ward Members the nature and extent of such applications. The matter would be reviewed again after three months and a report taken to Governance Committee.

The report as AGREED without division and it was RESOLVED:

1.            That the proposals set out within the report that prior approval submissions cannot be called-in for determination by the Regulatory Services Committee unless an Extension of Time Agreement has been sought and agreed by the applicant be ratified.

2.            That it be noted that prior approval applications will now be included on the weekly publicity list of applications and that after a three month period to enable assessment of whether a call-in arrangement is justified a report will be provided to the Governance Committee and any changes to the proposals would return to Council before being applied.

3.            That the Monitoring Officer be authorised to make such amendments to the Constitution as are appropriate to confirm the arrangements in 1 above.

To consider a report of the Chief Executive on Phase One Consultation (Improving the Safety of our Schools across the Borough) – attached.

4 questions regarding report replied to.

Report AGREED without division.

A report of the Cabinet gave details of the results of a consultation on the proposed introduction of a Public Space Protection Order (PSPO) outside several Havering primary schools. Whilst no final decisions had been taken at this stage, the Council was asked to note the position and provide views on the issue.

In response to some questions raised re the report, the Deputy Cabinet Member assisting the Cabinet Member for Environment, Regulatory Services and Community Safety confirmed that the final decisions on implementation of any PSPOs were a matter for the Executive rather than full Council to determine. If approved, the PSPOs for the schools in question would be implemented after the autumn term had completed in order to allow for the distribution of warning notices etc. The Deputy Cabinet Member confirmed that access for vehicles not picking up or dropping off children at school would not be hindered and residents would still be able to move their cars freely within PSPO zones.

The Deputy Cabinet Member added that residents would not need to register their own vehicles if they lived within a PSPO zone. A second phase of consultation on introducing PSPOs outside further schools had ended in July 2016 and the results of this would be reported to Cabinet in due course.

The report was AGREED without division and it was RESOLVED:

1. That Council notes that phase one will be a pilot of the PSPO prohibition: ‘no school drop off or pick ups’. This means access into the area will be permitted to minimise the impact on residents and their visitors.

2. The Council supports the proposed introduction of a PSPO operating from 08.00 to 09.30 and 14.30 to 16.00 Monday to Friday during each term of the school academic year.

3. That Council notes that a PSPO, if agreed, will be implemented at the following school locations:

i)             Wykeham Primary School

ii)            Parsonage Farm Primary School

iii)           The James Oglethorpe Primary School

iv)          Engayne Primary School

4. That Council notes that a PSPO Zone will not be introduced around St Peter’s Catholic and Broadford Primary Schools.

5. That Council notes that the final decision to implement the four schools (listed above) will be taken by the Cabinet Member for Environment, Regulatory Services and Community Safety as delegated. 

To consider a report of the Chief Executive on the Four Year Financial Settlement (attached).

3 questions regarding report replied to.

Report, including clarifying wording, AGREED by 43 votes to 4.  

A report of the Chief Executive sought the agreement of Council to the Government’s offer of a four year financial settlement covering the period 2016/17 to 2019/20.

In response to some questions raised re the report, the Leader of the Council stated that the decision had not been easy to take and it had been necessary to research what position similar Councils had been taking. Not accepting the settlement risked the Council losing financial support such as transitional relief. The Leader felt that the baseline assessment for business rates that was set by the Government would be crucial.

There had not been any change to the settlement offer as a result of the appointment of a new Prime Minister and Chancellor. The Government had not defined what ‘exceptional circumstances’ would be and the Leader indicated that he would support a legal challenge if necessary should the settlement be altered, perhaps in conjunction with other affected Councils.

The report, including clarifying wording proposed by the Leader, was AGREED by 43 votes to 4 (see division 1) and it was RESOLVED: 

1. To accept the Government’s offer of a four year financial settlement covering the period from 2016/17 to 2019/20.

2.  To continue to lobby the Government for a fairer funding settlement which better reflects the needs of its residents.

3.  To take this opportunity to continue to stress to Government the iniquity of the grant formula.

4.   To delegate to the Chief Executive, in consultation with the Leader of the Council, the approval of a four year efficiency plan for the purpose of accepting the offer.

Attached.

15 questions replied to.

Fifteen questions were asked and replies given.

The text of the questions, together with their answers, is shown as appendix 2 to these minutes.

Motions paper attached.

A.   ‘ROGUE’ LANDLORDS

Amendment by Conservative Group CARRIED by 46 votes to 0; Conservative Group amendment AGREED as substantive motion without division.

B.   ENFORCEMENT OF THE LAW AND COUNCIL POLICIES

Motion by Residents’ Group withdrawn and resubmitted to next meeting of Council.

C.   DECISION ON VALIDITY OF COUNCIL MOTIONS

Motion by Independent Residents’ Group NOT CARRIED by 37 votes to 8.

D.   PARKING PROVISION IN NEW DEVELOPMENTS

Amendment by Conservative Group CARRIED by 45 votes to 0; Conservative Group amendment AGREED as substantive motion without division.

Motion on behalf of the Labour Group

This Council reaffirms its decision to introduce an Article 4 Direction and an effective Licensing Scheme of Private Landlords as soon as it can and further agrees as a matter of priority to ensure that it takes action under the Housing Act 2004 when it has concerns about the quality of accommodation provided in residential property within the Borough and also to use both housing and planning powers simultaneously to take action against rogue Landlords.

Amendment by the Conservative Group

Amend motion to read:

This Council brought Article 4 Directions into force on 13^th July 2016 and reaffirms its decision to bring an effective Licensing Scheme of Private Landlords as soon as it can and further agrees as a matter of priority to ensure that it takes action under the Housing Act 2004 when it has concerns about the quality of accommodation provided in residential property within the Borough and to work with the Council’s partners to use all available powers (including anti-social behaviour, housing and planning) to take action against rogue Landlords.

Following debate, the amendment by the Conservative Group Was CARRIED by 46 votes to 0 (see division 2) and AGREED as the substantive motion, without division.

RESOLVED:

This Council brought Article 4 Directions into force on 13^th July 2016 and reaffirms its decision to bring an effective Licensing Scheme of Private Landlords as soon as it can and further agrees as a matter of priority to ensure that it takes action under the Housing Act 2004 when it has concerns about the quality of accommodation provided in residential property within the Borough and to work with the Council’s partners to use all available powers (including anti-social behaviour, housing and planning) to take action against rogue Landlords.

Motion on behalf of the Residents’ Group

Many residents complain about the lack of enforcement in Havering, so this council calls upon the Administration to set out a strategy backed up with clear procedures and the necessary resources to ensure that there is effective enforcement of the law and council policies in Havering.

Amendment by the Conservative Group

Amend motion to read:

In recognising residents’ complaints about lack of enforcement THIS COUNCIL NOTES that a review with stakeholders has been undertaken with a main purpose of identifying a common approach to enforcement across the Borough optimising the use of resources and balancing the focus of key priorities. Following a restructure there is now in place a management platform to carry forward further reorganisation designed to concentrate on tackling effectively those matters that cause most harm within our community within available resources.

This motion was withdrawn by the Residents’ Group and resubmitted to the next meeting of Council.

Motion on behalf of the Independent Residents’ Group

This motion calls upon the Council to amend Council Procedure Rule 11.4 (b) so that the final say over the validity of motions rests with the Mayor rather than the Monitoring Officer.

The motion on behalf of the Independent Residents’ Group was NOT CARRIED by 37 votes to 8 (see division 3).

Motion on behalf of the Independent Residents’ Group

To meet housing targets the Mayor of London has relaxed planning rules to reduce parking provision in new developments and this is spun/based on a fallacy they’re not needed if the development is situated near a station, bus stop and/or bike stand!

Promoting public transport and alternatives to cars is a good idea, but people still want to own a car to get around, go on trips and visit greener areas in their leisure time. In other words people may use their cars less, but they still want to own a car for quality of life reasons.

Thus this Council agrees reducing parking provision in new developments throughout Havering as “people no longer need cars” is poor planning and a big mistake, because it creates parking misery for many new residents and negative implications for existing ones.

Amendment by the Conservative Group

Amend motion to read:

To meet housing targets the Mayor of London has relaxed planning rules to reduce parking provision in new developments.

Promoting public transport and alternatives to cars is a good idea, but people still want to own a car to get around, go on trips and visit greener areas in their leisure time. In other words people may use their cars less, but they still want to own a car for quality of life reasons.

This Council agrees reducing parking provision in new developments throughout Havering on the basis that “people no longer need cars” is short-sighted because it would create parking misery for many new residents and negative implications for existing ones.

This Council notes that the latest standards in the Mayor’s London Plan provide scope for outer London boroughs to develop their own parking standards to reflect their specific circumstances and this may include higher levels of provision. This Council will therefore use the opportunity in preparing its new local plan to consider the preparation and adoption of parking standards that are better suited to the circumstances in Havering.

The amendment by the Conservative Group was CARRIED by 45 votes to 0 (see division 4) and AGREED as the substantive motion, without division.

RESOLVED:

To meet housing targets the Mayor of London has relaxed planning rules to reduce parking provision in new developments.

Promoting public transport and alternatives to cars is a good idea, but people still want to own a car to get around, go on trips and visit greener areas in their leisure time. In other words people may use their cars less, but they still want to own a car for quality of life reasons.

This Council agrees reducing parking provision in new developments throughout Havering on the basis that “people no longer need cars” is short-sighted because it would create parking misery for many new residents and negative implications for existing ones.

This Council notes that the latest standards in the Mayor’s London Plan provide scope for outer London boroughs to develop their own parking standards to reflect their specific circumstances  ...  view the full minutes text for item 51.

The record of voting decisions is attached as appendix 3.