Agenda, decisions and minutes

Council
Wednesday, 13th September, 2017 7.30 pm

Venue: Council Chamber - Town Hall

Contact: Anthony Clements tel: 01708 433065  Email: anthony.clements@oneSource.co.uk

Items
No. Item

42.

MINUTES pdf icon PDF 911 KB

To sign as a true record the minutes of the Meeting of the Council held on 12 July 2017 and of the Extraordinary Meeting of the Council held on 26 July 2017 (attached).

 

Additional documents:

Decision:

Minutes AGREED as a correct record.

Minutes:

The minutes of the meeting of the Council held on 12 July 2017 and of the Extraordinary Meeting of the Council held on 26 July 2017 were before the Council for approval.

 

RESOLCVED:

 

That the minutes of the meeting of the Council held on 12 July 2017 and of the Extraordinary Meeting of the Council held on 26 July 2017 be signed as correct records.

43.

DISCLOSURE OF INTERESTS

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.

 

Decision:

None.

Minutes:

There were no disclosures of interest.

44.

ANNOUNCEMENTS BY THE MAYOR, BY THE LEADER OF THE COUNCIL OR BY THE CHIEF EXECUTIVE pdf icon PDF 280 KB

To receive announcements (if any).

Minutes:

The Mayor advised that she had successfully completed a wing walk on behalf of her charities.

 

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

45.

PETITIONS

 

Councillors Jeffrey Tucker and John Crowder have given notice of intention to present a petition.

 

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

Decision:

Petitions presented by Councillors Crowder and Tucker.

Minutes:

Petitions were presented by Councillor Tucker in relation to a request for a 24-hour health centre in the Rainham & Wennington area and by Councillor Crowder in relation to traffic issues in the Havering Park ward.

46.

2016/17 TREASURY MANAGEMENT ANNUAL REPORT AND PROPOSED CHANGE TO THE 2017/18 TREASURY MANAGEMENT STRATEGY STATEMENT pdf icon PDF 74 KB

To consider a report of Cabinet on the Annual Treasury Management Report 2016/17 and proposed change to the 2017/18 Treasury Management Strategy Statement (attached).

Additional documents:

Decision:

Report AGREED without division.

Minutes:

A report of Cabinet asked Council to approve proposed changes to the 2017/18 Treasury Management Strategy Statement to enable more flexibility in investment decisions going forward. These would enabled the Authority to invest in unrated, secured corporate bonds and increase the limit on pooled fund investments.

 

The report was AGREED with division and it was RESOLVED:

 

That the proposed changes to the Treasury Management Strategy Statement, as set out in appendix 2 to these minutes, be approved.

 

 

47.

CONSTITUTION UPDATE pdf icon PDF 71 KB

To consider a report of the Governance Committee on a Constitution update (attached).

Additional documents:

Decision:

Report AGREED by 45 votes to 5.

Minutes:

A report of the Governance Committee sought approval by Council of changes to the Constitution regarding some amendments to the Members’ Code of Conduct. These related to Disclosable Pecuniary Interests and sought to make arrangements for these clearer for Members. It was also proposed to delete paragraph 8 (3) of the Code, the effect of which would be that any personal interests arising from membership or management of bodies specified in the Code would be declared at the meeting on the same basis as other interests.

 

The report was AGREED by 45 votes to 5 (see division 1) and it was RESOLVED:

 

That the proposed changes to the Councillor Code of Conduct as shown in appendix 3 to these minutes be approved.

 

 

48.

AMENDMENTS TO THE CHIEF OFFICER APPOINTMENTS PROCESS pdf icon PDF 128 KB

To consider a report of the Governance Committee on amendments to the Chief Officer Appointments Process (attached).

Additional documents:

Decision:

Report AGREED by 43 votes to 5.

Minutes:

A report of the Governance Committee sought approval by Council of changes to the Chief Officer appointments process for non-permanent appointments. It was also proposed that the Staff Employment Procedure Rules be simplified and standardised to replace job titles with generic terms such as ‘Chief/Deputy Chief Officers and/or officers that fall under the JNC for Chief Executive Officers terms and conditions of employment’.

 

The report was AGREED by 43 votes to 5 (see division 2) and it was RESOLVED:

 

1.         That the proposals set out in paragraphs 7-9 of the report to Governance Committee for non-permanent appointments to senior posts that fall under the JNC for Chief Officers’ term and conditions of employment be agreed. The proposed changes to the Staff Employment Procedure Rules are shown as track changes in the document attached as Appendix 4 to these minutes.

 

2.      The amendment in terminology be agreed in Part 3, Section 1.2 of the Council’s Constitution and the Staff Employment Procedure Rules in Part 4 of the Constitution to replace job titles such as Director, Assistant Director and Head of Service with the generic terms of Chief/Deputy Chief Officer and/or officers that fall under the JNC for Chief Officers terms and conditions of employment as shown in track changes in the documents attached as Appendix 4 to these minutes.

 

 

49.

OVERVIEW AND SCRUTINY RULES - EXCEPTIONS TO THE CALL-IN (REQUISITION PROCEDURE) pdf icon PDF 84 KB

To consider a report of the Chief Executive on Exceptions to the Call-in (Requisition) Procedure (attached).

Decision:

Report AGREED without division.

Minutes:

A report of the Chief Executive gave details of the one recent exception to the Call-in (requisition) procedure. This had been granted in relation to a non-key decision of the Cabinet Member for Children & Learning to waive standing orders for the award of a works contract directly to Valuegrade for an extension to the 16+ SEN facility of the Avelon Road Centre. The exception had been granted by the Chairman of the Overview and Scrutiny Board due to an urgent need to make provision for additional students between 16 and 25 with special educational needs.

 

The report was AGREED without division and it was RESOLVED:

 

That the report be noted.

50.

MEMBERS' QUESTIONS pdf icon PDF 240 KB

Attached.

Additional documents:

Decision:

12 questions replied to.

Minutes:

Twelve questions were asked and replies given. The text of all questions submitted, together with their answers, is shown as appendix 5 to these minutes.

51.

MEMBERS SPEAKING ON PLANNING APPLICATIONS pdf icon PDF 125 KB

Attached.

Decision:

A.   MEMBERS SPEAKING ON PLANNING APPLICATIONS

 

Amendment by Conservative Group CARRIED by 27 votes to 14 and AGREED as substantive motion by 27 votes to16.

Minutes:

 Motion on behalf of the Independent Residents’ Group

 

It is axiomatic that a Havering councillor should be able to speak on a Havering planning application and for two minutes, just like any resident can object, although the Constitution allows 4 minutes for a ward matter. And this has always been the customary practice. 

Council wonders why Members are now being told they don't have the right to speak  on planning applications outside their own ward and calls on the Governance Committee  to consider recommending amendments to the constitution  to provide rights for members to speak on matters anywhere in Havering, if they so wish.

 

 

Amendment on behalf of the Conservative Group

 

 

Amend to read:

This Council notes that DCLG measures the performance of a council as a Local Planning Authority in various ways and that if more than 10 % of decisions on major planning applications are reversed on appeal during a prescribed period a designation may be made the result of which is that applicants may apply directly to the planning inspectorate for planning permission without the council having the power to make a decision or charge planning fees.

It notes further that if planning permission is granted in this way the council will not in future receive the New Homes Bonus relating to these decisions.

It notes further with concern that currently 9.2% of this Council’s decisions on majors have been overturned and that if 1 of 2 pending major appeals is lost by the end of December 2017 the 10% threshold will be reached.

This Council therefore requests the Governance Committee to consider its current constitutional arrangements for determining planning applications and in particular major applications in addition to reviewing the right of members other than those on the committee to speak at Regulatory Services committee meetings. 

 

Following debate, the amendment by the Conservative Group was CARRIED by 27 votes to 14 (see division 3) and AGREED as the substantive motion by 27 votes to 16 (see division 4).  

 

RESOLVED:

 

This Council notes that DCLG measures the performance of a council as a Local Planning Authority in various ways and that if more than 10 % of decisions on major planning applications are reversed on appeal during a prescribed period a designation may be made the result of which is that applicants may apply directly to the planning inspectorate for planning permission without the council having the power to make a decision or charge planning fees.

It notes further that if planning permission is granted in this way the council will not in future receive the New Homes Bonus relating to these decisions.

It notes further with concern that currently 9.2% of this Council’s decisions on majors have been overturned and that if 1 of 2 pending major appeals is lost by the end of December 2017 the 10% threshold will be reached.

This Council therefore requests the Governance Committee to consider its current constitutional arrangements for determining planning applications and in particular major applications in addition  ...  view the full minutes text for item 51.

52.

VOTING RECORD pdf icon PDF 100 KB

Minutes:

The record of voting decisions is attached as appendix 6 to these minutes.