Agenda, decisions and minutes

To sign as a true record the minutes of the Meeting of the Council held on 22 November 2017 (attached).

Minutes AGREED as a correct record.

The minutes of the meeting of the Council held on 22 November 2017 were before the Council for approval.

RESOLVED:

That the minutes of the meeting of the Council held on 22 November 2017 be approved 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 declarations of interest.

To receive announcements.

A minute’s silence was held in memory of former Leader of the Council and Mayor, Councillor Eric Munday. Tributes to former Councillor Munday were paid by the Leaders of all Groups as well as by other Members from across the Chamber.

The Mayor thanked those people involved in the Havering float at the London New Year’s Day Parade as well as all those who had taken part in and attended the recent Mayor’s variety show. The Mayor also announced that her civic dinner was due to be held on 24 March 2018.

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

No notices to present a petition have been received.

There were petitions presented at the meeting.

NOTE: The final deadline for receipt of amendments to all reports issued with the Final Agenda is midnight, Monday 22 January.

To consider a report of Cabinet on the Council’s Financial Strategy (Council Tax Support Scheme) (attached, subject to approval by Cabinet). 

Report AGREED by 43 votes to 5.

A report of Cabinet asked Council to approve details of the proposed Council Tax Support Scheme 2018. It was proposed to maintain the current Council Tax Support Scheme in 2017 for 2018 and make no amendment to the current local scheme. The report had been approved by Cabinet at its meeting on 17 January 2018.

The report was AGREED by 44 votes to 5 (see division 1) and it was RESOLVED:

That the Council Tax Support Scheme 2018 (appendices A and B of the report to Cabinet of 17 January 2018) be approved.

To consider a report of Cabinet on 12 HRA sites JV procurement – entering into a Limited Liability Partnership (attached, subject to approval by Cabinet).

One question on report responded to.

Report AGREED by 34 votes to 14.

A report of Cabinet gave details of the outcome of the review of the procurement process for the regeneration of 12 sites that had been previously agreed by Cabinet. The report also sought approval from Cabinet on the award pf Preferred Bidder status, summarised the rationale for the venture and provided information on the consultation and procurement process. The report was agreed by Cabinet at its meeting on 17 January 2018.

A question on the report by the Residents’ Group and a response by the Leader of the Council are shown as appendix 2 to these minutes.

The report was AGREED by 34 votes to 14 (see division 2) and it was RESOLVED: 

To make an application to the Secretary of State, where required, for the disposal of property and land (the precise areas of land to be decided by the Lead Member for Housing after consultation with the Director of Neighbourhoods) under section 32(2) of the Housing Act 1985.

To consider a report of Cabinet on the Submission Procedural Requirement for the Havering Local Plan (report attached, subject to approval by Cabinet).

Three questions on report responded to.

Report AGREED by 32 votes to 6.

A report of Cabinet outlined progress on the Havering Local Plan since its publication and sought Member approval for a number of material modifications to the Proposed Submission Havering Local Plan in preparation for submission of the plan to the Secretary of State. These covered areas such as explicit support for the use of brownfield land for residential development apart from land that had already been protected for other uses such as industrial and explicit support for the use of the River Thames as for freight and transport. Details of all proposed material modifications were given in the Cabinet report. The report had been agreed by Cabinet at its meeting on 17 January 2018.

A question on the report by the Residents’ Group and a response by the Cabinet Member are shown as appendix 3 to these minutes.

The report was AGREED by 32 votes to 6 (see division 3) and it was RESOLVED to:

(i)   Agree that the material amendments as set out in section 3.1 of this report, be made to the proposed submission documents, and to the proposed Submission Havering Local Plan

(ii) Delegate authority to the Director of Neighbourhoods, following consultation with the Cabinet Member for Housing, to make and approve the final wording of the material amendments to the proposed Submission Havering Local Plan, and to the proposed submission documents for submission to the Secretary of State.

To consider a report of the Audit Committee on the Treasury Management mid-year update (attached).

Report AGREED without division.

A report of Audit Committee gave a mid-year update on Treasury Management. This was as required under the Treasury Management Code of the Chartered Institute of Public Finance and Accountancy. The report covered treasury management activity and the associated monitoring and control of risk.

The report was AGREED without division and it was RESOLVED:

That the report be noted.

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

Report AGREED without division.

As required under paragraph 18e of the Overview and Scrutiny Procedure Rules, a report of the Chief Executive gave details of decisions made which were exceptions to the call-in (requisition) procedure. The only such decision within the previous three months was the response to MOPAC’s Public Access & Engagement Strategy Consultation. This was exempted from call-in as submission of the consultation had been delayed in order to incorporate all concerns raised by Councillors at an all-Member briefing on 28 September. The report was subsequently signed off by the Leader of the Council in order to meet the response deadline.

The report was AGREED without division and it was RESOLVED:

That the report be noted.

To consider a report of the Chief Executive on the Appointment of the Vice-Chair of the Adjudication and Review Committee (attached).

Councillor Matthews ELECTED as Vice-Chair of the Adjudication and Review Committee, without division.

Following the resignation of Councillor John Mylod from the Residents’ Group, a vacancy had arisen for the position of Vice-Chairman of the Adjudication and Review Committee.

The following nomination for the position had been received:

Councillor Barbara Matthews, on behalf of the Residents’ Group.

Councillor Matthews was elected without division and it was RESOLVED:

That Councillor Barbara Matthews be elected as the Vice-Chairman of the Adjudication and Review Committee.

To consider a report of the Chief Executive on the Allocation of Committee Paces (attached).

Report AGREED without division.

Following a recent change of Group by a Member, a report of the Chief Executive recommended some slight changes to the seat allocation on Committees. This was to meet political balance requirements in line with the Local Government (Committees and Political Groups) Regulations. The revised seat allocation are set out in appendix 4 to these minutes.

The report was AGREED without division and it was RESOLVED:

That the seat allocation a set out in appendix 4 to these minutes be agreed.

Attached.

15 questions replied to.

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

Motion on behalf of the Independent Residents’ Group

Council regrets the Executive decision not to appeal the Inspector’s decision to demolish Hare Lodge without first making public the external legal opinion on which the decision was reputedly based and now calls on the Executive to belatedly make this legal opinion public.

Amendment by the Conservative Group

This Council notes the Executive decision taken following the consideration of specialist legal advice not to proceed with a judicial review application to the High Court in respect of the Inspector’s decision to allow the appeal against the refusal by the Regulatory Services Committee of the application to demolish Hare Lodge and notes further that a synopsis of the advice has already been given.

Following debate, the amendment by the Conservative Group was CARRIED by 30 votes to 14 (see division 4) and AGREED as the substantive motion without division.

RESOLVED:

This Council notes the Executive decision taken following the consideration of specialist legal advice not to proceed with a judicial review application to the High Court in respect of the Inspector’s decision to allow the appeal against the refusal by the Regulatory Services Committee of the application to demolish Hare Lodge and notes further that a synopsis of the advice has already been given.

Motion on behalf of the Independent Residents’ Group

Council calls on the Executive to reach agreement with Harris Academy, Rainham, and SLM to keep Chafford Sports Complex open until a new leisure centre is built in the south of the borough.

Amendment by the Conservative Group

This Council notes that its officers are currently examining with Harris Academy Rainham and SLM the legal and financial arrangements required to maintain for public use the Chafford Sports Complex following the acquisition of title to it by the School through a Land Adjudication Tribunal ruling.  

This motion was withdrawn by the Independent Residents’ Group and resubmitted to the March 2018 Council meeting.

Motion on behalf of the Conservative and East Havering Residents’ Groups

This Council notes with grave concern the proposals contained in the draft London Plan recently published by the Mayor of London which proposes a housing target of 1,875 new homes per annum for Havering over the next ten years, which represents a 60% increase on the figure included in the draft Havering Local Plan (1,170). This Council further considers the target as totally unacceptable, unachievable and unsustainable to the point of changing the unique and open character of our borough for the worse. This Council therefore agrees to recommend to the Executive to respond to the consultation, which ends on 1st March 2018, in the strongest possible terms.

Amendment by the Independent Residents’ Group

Council calls on the Executive to defend our high value green spaces and Conservation and Special Character Areas from the existing housing target within the Local Plan and further calls on the Executive to respond to the consultation on the new London Plan in the strongest terms to defend the Special Character of Havering from the new target proposed by the London Mayor which threatens to change our borough for the worse.

Following debate, the amendment by the Independent Residents’ Group was NOT CARRIED by 32 votes to 18 (see division 5) and the motion on behalf of the Conservative and East Havering Residents’ Groups was  AGREED as the substantive motion without division.

RESOLVED:

This Council notes with grave concern the proposals contained in the draft London Plan recently published by the Mayor of London which proposes a housing target of 1,875 new homes per annum for Havering over the next ten years, which represents a 60% increase on the figure included in the draft Havering Local Plan (1,170). This Council further considers the target as totally unacceptable, unachievable and unsustainable to the point of changing the unique and open character of our borough for the worse. This Council therefore agrees to recommend to the Executive to respond to the consultation, which ends on 1st March 2018, in the strongest possible terms.

Motion on behalf of the Residents’ Group

This council recognises the serious problems caused by the large use of plastics and calls on the Executive to:

a)            Reduce the Council’s  own use of plastics

b)            Encourage businesses and residents to reduce their use and

c)            Provide clarity to residents on what plastics can be recycled

Amendment by the Independent Residents’ Group

Replace the first sentence with the following sentence.

Council agrees the recycling regime promoted by climate change legislation has made waste deposal very expensive and led to an epidemic of fly-tipping resulting in our rivers and oceans being polluted by plastic. And further agrees the solution is the incineration of waste, reduced landfill taxes and promotion of alternatives to non-biodegradable plastic and calls on the Executive to consider the following measures to reduce the problem in a small way:-

Amendment by the Conservative Group

This Council recognises the serious ecological problems resulting from the excessive and unnecessary use of plastic and also the need to reduce the volume of all household waste generally including recycling items as a result of increasing waste disposal costs. Further it notes that officers have been reviewing the steps which can be taken to address these issues and will be reporting to the Executive once this process has been completed.

This motion was withdrawn by the Residents’ Group and resubmitted to the March 2018 Council meeting.

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