Agenda, decisions and draft minutes

Council
Wednesday, 10th July, 2019 7.30 pm

Venue: Council Chamber - Town Hall

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

Items
No. Item

12.

MINUTES pdf icon PDF 657 KB

To sign as a true record the minutes of the Annual Meeting of the Council held on 15 May 2019 (attached).

 

Decision:

AGREED as a correct record, subject to confirmation from webcast that Mayor made reference to minute’s silence at last meeting covering Christchurch terror attacks.

Minutes:

 

The minutes of the Annual Meeting of the Council held on 15 May 2019 before the Council for approval.

 

APPROVED:

 

That the minutes of the Annual Meeting of the Council held on 15 May 2019 be approved as a correct record, subject to confirmation from the webcast of the meeting that the Mayor made reference to the minute’s silence at the last meeting covering Christchurch terror attacks.

13.

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:

Item 9 – Prejudicial interest declared by John Jones, Director of Legal and Governance as nominated for position of Monitoring Officer.

Minutes:

The Deputy Director of Legal and Governance – John Jones declared a prejudicial interest in agenda item 9 - Appointment of a New Monitoring Officer as he had been nominated for the position of Monitoring Officer.

14.

ANNOUNCEMENTS BY THE MAYOR, BY THE LEADER OF THE COUNCIL OR BY THE CHIEF EXECUTIVE pdf icon PDF 91 KB

To receive announcements (if any).

Minutes:

The Mayor congratulated the Havering team on their wining a number of medals at the recent London Youth Games.

 

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

15.

PETITIONS

To receive any petition presented pursuant to Council Procedure Rule 14.

 

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

Decision:

Received from Councillors D Patel and Durant.

Minutes:

The following petitions were presented:

 

From Councillor Dilip Patel concerning a request for traffic calming measures in Percy Road.

From Councillor Durant concerning a request for junction protection in Berwick Pond Close, Rainham.

 

16.

HAVERING COMMUNITY INFRASTRUCTURE LEVY - ADOPTION pdf icon PDF 31 KB

Report attached.

 

NOTE: The deadline for receipt of amendments to all reports published with the Council agenda is midnight, Monday 8 July 2019.

Additional documents:

Decision:

Report AGREED without division.

Minutes:

It was confirmed that a report had been agreed by Cabinet at its meeting on July 2019 concerning the adoption of the Havering Community Infrastructure Levy (CIL). This would be the primary mechanism for the Council to secure financial contributions from development to help deliver necessary new infrastructure for Havering.

 

The report was AGREED without division and it was RESOLVED:

 

  • That the Havering Community Infrastructure Levy (CIL) Charging Schedule and the Regulation 123 list be adopted (set out in Appendices 2 and 3 of the Cabinet report, respectively)

 

  • That the CIL Charging Schedule will be implemented and effective from September 1 2019; and

 

  • That delegated powers to the Director of Neighbourhoods or the Assistant Director of Planning in consultation with the Leader of the Council be agreed for future changes to the Regulation 123 list following its review as appropriate

 

17.

REVIEW OF CALL-IN PROVISIONS pdf icon PDF 151 KB

Report attached.

Additional documents:

Decision:

Three questions by Residents’ Group answered by Leader of the Council.

 

Amendment by Labour Group NOT CARRIED by 26 votes to 23; Administration deemed motion CARRIED by 28 votes to 23.

Minutes:

A report of the Governance Committee set out Havering’s current approach to the overview and scrutiny arrangements in respect of call-in and made a number of suggestions as to how the process could be amended and streamlined.

 

 

 Questions by Residents’ Group and Responses by Administration

 

1.    Would the Leader of the Council confirm why this report is before council when the recommendation agreed at the Governance Committee meeting was for the Overview and Scrutiny Board to be consulted. Is it not sensible to consult with the board before council agrees any recommendations?

 

Response

 

As stated in the covering report, it was also agreed at the meeting of Governance Committee that these proposals be brought to full Council at the earliest opportunity. I am pleased that we have been able to do this tonight in order to allow all Members to fully scrutinise and debate these issues if they wish.

 

2.    In relation to recommendation 4 of the report, who will decide where alternative proposals, actions or resolutions are appropriate (and against what criteria will this be judged) and what will be the effect if no alternatives are put forward.

 

Response

 

It will be the responsibility of those Members who call any decision in under the provisions of the Constitution to come forward with alternative proposals, actions or resolutions and it will be a matter of judgement by those Members as to what the criteria should be. The Executive will then decide if it agrees with any alternatives being put forward. Any alternatives suggested however will of course need to be realistic, achievable, measurable and financially robust. Alternative proposals may not be needed in all situations but, failure to submit workable alternative proposals where these are appropriate, is likely to result in a call-in not being accepted.  

 

3.    Apart from trying to reduce the number of call-ins by adding additional bureaucracy, would the Leader of the Council explain why six members of this council are needed for there to be proper scrutiny of his Administration’s decisions.

 

Response

I think all Members would agree that there are currently too many call-ins. The introduction of a threshold of around 10% of Members will allow us to focus the powers of call-in more effectively on those issues where there is genuine concern across the Chamber. 

 

 

Deemed motion on behalf of Administration

 

That the report be adopted and its recommendations carried into effect.

 

Amendment by Labour Group

 

Recommendation 2.   Delete “six” insert “four”

 

Recommendation 7.  Delete the words “The Members” Insert in place thereof “At least two of the members”

 

For clarity, the full recommendations would read as follows:

2. Any requisition submitted must in writing must be in writing and must be signed by at least four members representing between them no less than two groups.

7. At least two of the members submitting call-in requisition or a group representative must attend the meeting of the Overview and Scrutiny Board where the called-in decision is to be reviewed.

 

Following debate, the amendment on behalf  ...  view the full minutes text for item 17.

18.

APPOINTMENT OF A NEW MONITORING OFFICER pdf icon PDF 74 KB

Report attached.

Decision:

Report AGREED without division.

Minutes:

A report of the Chief Executive recommended that John Jones, Deputy Director Legal & Governance (oneSource) be authorised to exercise the responsibilities of the Council’s Monitoring Officer with immediate effect. Having declared a prejudicial interest, Mr Jones left the meeting during discussion of this item.

 

The report was AGREED without division and it was RESOLVED:

 

 

1.            That the following individual be authorised to exercise the responsibilities of the statutory officer indicated:

Monitoring Officer John Jones, Deputy Director Legal & Governance (oneSource), with immediate effect.

  2.         Pursuant to that appointment the delegations and references made to that statutory role in the Constitution be amended accordingly.

3.         To note that the Monitoring Officer appoints Daniel Fenwick as Deputy Monitoring Officer, who will exercise the responsibilities of the statutory officer in his absence.

 

 

 

19.

VACANCY FOR POSITION OF CHAIRMAN OF THE APPOINTMENTS SUB-COMMITTEE pdf icon PDF 17 KB

Report attached.

Additional documents:

Decision:

Councillor Damian White appointed as Chairman of Appointments of Sub-Committee, without division.

Minutes:

A report of the Chief Executive requested nominations for the position of Chairman of the Appointments Sub-Committee.

 

Nomination by the Conservative Group

 

That Councillor Damian White be appointed Chairman of the Appointments Sub-Committee.

 

The nomination was AGREED without division and it was RESOLVED:

 

That Councillor Damian White be appointed Chairman of the Appointments Sub-Committee.

 

 

 

20.

CHANGES TO THE CONSTITUTION pdf icon PDF 132 KB

Report attached.

Additional documents:

Decision:

Two questions by Residents’ Group answered by Leader of the Council.

 

Report AGREED by 30 votes to 3.

Minutes:

A report of the Governance Committee proposed changes to the Constitution concerning Members’ common law right to access documents on a ‘need to know’ basis and concerning the rules of procedure relating to budget setting.

 

Questions by Residents’ Group and Responses by the Administration

 

1.    Would the Cabinet Member agree to providing members with a full budget timetable as soon as practically possible to allow any alternative budget to be submitted to council and duly debated at the council tax setting meeting?

 

Response

 

The Councils Corporate Plan is already published and available to all Members of Council. Budgetary and financial information is regularly brought to the Overview and Scrutiny Board.

 

2.    In relation to recommendation 1 of the report, would the Leader of the Council confirm that the Chief Executive will provide fully documented reasons if denying members access to any documents.

 

Response

 

Members have a Common Law right to information if they are able to demonstrate that they have a need to know that information. It is for the Monitoring Officer to determine if a Member making a request for information held has such a right to access it. Every request will be dealt with on an individual basis and if rejected a reasoned decision will be given. 

 

The report was AGREED by 30 votes to 3 (see division 3) and it was RESOLVED that:

 

  1. The Protocol on Member/Officer Relations be amended to authorise the Monitoring Officer to decide, on a case by case basis, a Member’s common law right to access documents; with a right of appeal to the Chief Executive in instances where the request is denied.

 

  1. To replace paragraph 2.9 of the Council’s Budget and Policy Framework Procedure Rules with the following:

 

“2.9     If following consideration of the Executive’s budget proposals, Council has any objection to them, it must inform the Leader of any objections which it has to the Executive’s proposals and must give the Leader instructions requiring the Executive to reconsider, in the light of those objections, those proposals in accordance with Council's requirements.

 

2.10    Where Council gives instructions in accordance with paragraph 2.9, it must specify a period of at least five working days beginning on the day after the date on which the Leader receives the instructions on behalf of the Executive within which the Leader may:

 

2.10.1 submit a revision of the proposals as amended by the Executive, which have been reconsidered in accordance with Council's requirements, with the Executive's reasons for any amendments made to the proposals, to Council for Council's consideration; or

 

2.10.2 inform Council of any disagreement that the Executive has with any of Council's objections and the Executive’s reasons for any such disagreement.

2.11    When the period specified by Council, as referred to in paragraph 2.10, has expired Council must, when setting the budget, take into account:

 

2.11.1 any amendments to the proposals that are included in any revised proposals;

 

2.11.2 the Executive's reasons for those amendments;

 

2.11.3 any disagreement that the Executive has with any of  ...  view the full minutes text for item 20.

21.

ANNUAL REPORTS OF COMMITTEES AND MEMBER CHAMPIONS pdf icon PDF 17 MB

Attached.

Decision:

All reports received.

Minutes:

A procedural motion that item 14 (Motions for Debate) be heard at this point of the meeting was NOT CARRIED by 28 votes to 23 (see division 4).

 

A request from the Independent Residents’ Group for an emergency agenda item concerning a fire at Launders Lane was refused by the Mayor. The Mayor gave an update advising that no health concerns had been raised ibn relatuion to the fire and that people living or driving nearby should ensure that windows were kept closed.

 

The annual reports of the following Committees and Member Champions were received:

 

AUDIT COMMITTEE

 

PENSIONS COMMITTEE

 

OVERVIEW AND SCRUTINY BOARD

 

CHILDREN & LEARNING OVERVIEW AND SCRUTINY SUB-COMMITTEE

 

CRIME & DISORDER SUB-COMMITTEE

 

ENVIORNMENT OVERVIEW AND SCRUTINY SUB-COMMITTEE

 

HEALTH OVERVIEW AND SCRUTINY SUB-COMMITTEE

 

INDIVIDUALS OVERVIEW AND SCRUTINY SUB-COMMITTEE

 

TOWNS & COMMUNITIES OVERVIEW AND SCRUTINY SUB-COMMITTEE

 

MEMBER CHAMPION FOR THE ARMED FORCES

 

MEMBER CHAMPION FOR EQUALITY AND DIVERSITY

 

MEMBER CHAMPION FOR THE HISTORIC ENVIRONMENT

 

MEMBER CHAMPION FOR THE OVER 50S

 

MEMBER CHAMPION FOR THE VOLUNTARY SECTOR COMPACT

 

MEMBER CHAMPION FOR YOUNG PEOPLE

 

22.

MEMBERS' QUESTIONS pdf icon PDF 169 KB

Attached.

Additional documents:

Decision:

15 questions asked and answers given.

Minutes:

Fifteen questions were asked and replies given. The text of all questions submitted and their answers, as well as a summary of the supplementary questions and answers is shown at appendix 2 to these minutes.

23.

IMPACT OF PARKING ON TOWN CENTRES (agenda item 14A)

Minutes:

 

Motion on behalf of the Residents’ Group

 

In light of the Administration’s decision to negatively affect the health of our Town Centres by the large jump in parking charges, removal of free parking including evenings, overnight and on Sundays, this council calls for there to be an immediate assessment on the likely impact this will have on the vibrancy of our valued Town Centres, together with ways that this can be mitigated.

 

Amendment on behalf of the Conservative Group

 

This Council notes that vibrancy of town centres is determined by a range of factors, including external environmental improvements, and welcomes the commitment of the Administration to bring forward plans to support our town centres as a destination of choice.

Following debate, the amendment by the Conservative Group was AGREED by 27 votes to 24 (see division 5) and AGREED as the substantive motion by 27 votes to 21 (see division 6).

 

RESOLVED:

 

This Council notes that vibrancy of town centres is determined by a range of factors, including external environmental improvements, and welcomes the commitment of the Administration to bring forward plans to support our town centres as a destination of choice.

 

24.

CLIMATE CHANGE EMERGENCY IN HAVERING (agenda item 14B)

Minutes:

Motion on behalf of the Upminster and Cranham Residents’ Group

 

This Council notes:

 

The United Nations Intergovernmental Panel on Climate Change’s warning that we have 12 years to make the necessary changes to limit a rise in global temperatures by1.5c. Failure to act will see a marked increase in sea levels and flooding, extreme and abrupt changes to weather patterns, crop failures, extinctions of plant, insect and animal species and global economic disruption and crisis. This will detrimentally impact on the well-being of the people of Havering and billions of people around the world.

 

At the Global Climate Talks in Poland last December the UK, along with over 200 nations, agreed action on Climate Change with a much greater role strongly implied for Local and Regional Authorities like Havering in assisting Governments to achieve their carbon emission savings.

 

In the words of Sir David Attenborough:

 

“Right now, we are facing a man-made disaster of global scale. Our greatest threat in thousands of years - Climate Change. If we don’t take action, the collapse of our civilisations and the extinction of much of the natural world is on the horizon. The world’s people have spoken. Their message is clear. Time is running out.’

 

The Council therefore resolves to:

 

1.    Declare a Climate Emergency and publicise this to the people of Havering to raise awareness, and support the public to take effective action.

 

2.    Request Cabinet initiate a full Environmental Audit of Havering Council to measure its carbon footprint, identify hotspots and work toward being carbon neutral in line with the latest targets set and agreed by the United Nations Intergovernmental Panel on Climate Change; with Cabinet to report to the first meeting of the working party, referred to at 4. below, on the scope of the environmental audit.

 

3.    Significantly improve our recycling rate to reach the target of 55% by 2025, and ask that the Cabinet implement a range of short term measures to improve recycling rates, in advance of a full review of the waste collection and disposal service.

 

4. Set up a Councillor Working Party including the appropriate Cabinet Lead with a remit to:

a) Commission and oversee the Environmental Audit;

b) Consult expert opinion in the field, as appropriate;

c) Identify practical measures to reduce emissions and the Council’s carbon footprint;

d) Encourage action in the wider community, businesses and other key organisations e.g. NHS and Educational Institutions;

e) Report to Full Council within six months with an action plan to address the emergency and incorporating proposals on the investment implications of this proposed activity.

 

5.    Consider Environmental Impact as part of any new policy.

 

6.    Seek to collaborate with other Local and Regional Authorities on emission reduction projects as appropriate and to request thatthe Leader of the Council write to the Minister of State for Climate Change and Industry, requesting that national policy is urgently developed to reflect the seriousness of the current emergency and to release funds to  ...  view the full minutes text for item 24.

25.

CCTV COVERAGE IN THE SOUTH OF THE BOROUGH (agenda item 14C)

Minutes:

Motion on behalf of the Independent Residents’ Group

 

 

Growing investment in the south of the borough as outlined in June 12th Cabinet report shows the need and opportunity to improve CCTV coverage in the area as part of a package of measures to improve public safety to the residents of Havering.  Thus Council calls on the Executive to extend CCTV coverage in the south of the borough, including main routes in and out of London Bid and Rainham Village Conservation Area.

 

The motion on behalf of the Independent Residents’ Group was NOT AGREED by 28 votes to 23 (see division 9).

 

No motion was therefore agreed.

26.

CLIMATE CHANGE IN HAVERING (agenda item 14D)

Minutes:

Motion on behalf of the Labour Group

 

 

This Council acknowledges public concerns relating to:-

 

1) the impact of Climate Change;

 

2) the reduction in air quality;  and,

 

3j the need to improve significantly recycling of waste products

 

and therefore calls upon the Executive to review its policies to ensure that Havering leads the way on environmental protection.

 

 

The motion on behalf of the Labour Group was AGREED by 48 votes to 3 (see division 10).

 

RESOLVED:

 

Motion on behalf of the Labour Group

 

 

This Council acknowledges public concerns relating to:-

 

1) the impact of Climate Change;

 

2) the reduction in air quality;  and,

 

3j the need to improve significantly recycling of waste products

 

and therefore calls upon the Executive to review its policies to ensure that Havering leads the way on environmental protection.

 

27.

SUPPORT TO POLICE WORK (agenda item 14E)

Minutes:

Motion on behalf of the Conservative Group

 

This Council welcomes the recent steps taken by the administration to support the work of the police within Havering through the future introduction of section 92 police officers; and the acquired option to purchase of the Hornchurch Police station; both of which will deter crime across the Borough. 

 

Amendment on behalf of the Residents’ Group

 

This Council welcomes steps to support the work of the police within Havering including the possible introduction of section 92 police officers and the potential option to purchase Hornchurch Police station. This council looks forward though to being regularly updated with progress reports on both schemes to demonstrate the effectiveness and value for money of these initiatives.

 

Amendment on behalf of the Independent  Residents’ Group

 

Few doubt the need for more ‘bobbies on the beat’, but Council agrees they should be funded by Government and GLA precept not by council-tax payers, particularly in Havering which is already penalised with poor staffing levels and funding compared to inner-London boroughs.

 

Locally the Council Leader has announced plans to purchase Hornchurch Police Station for an undisclosed sum and employ 5 Metropolitan police officers for 3 years for over £900,000! Even before contracts are signed he has been advertising these plans in conservative leaflets with headlines saying the council is keeping “Hornchurch Police Station open” and supporting “bobbies on the beat” to protect the public! This sounds worthy, but Council agrees the headlines aren’t entirely honest.

 

After the Mayor ordered the closure of Hornchurch Police Station and all Safer Neighbourhood Team bases, it does make sense for the council to step in to keep Hornchurch open as a base for police operating in the south of the borough, because of the delays in travel time if operating from Romford. However the conservative leaflets are misleading because it will mostly be operating as a police base rather than a police station open to the public.

 

Also employing 5 police officers seems worthy too, but will they be “bobbies on the beat” or more likely deployed elsewhere and will they be good value for money once all the extraction days, holidays and illnesses have been factored in. This matters because during a period of cuts priorities matter and Council agrees its odd the Council Leader has suddenly found over £900,000 after the February budget meeting in which he declared there was no money to keep Chafford leisure centre open, despite all the health and social benefits of doing so.

 

Nevertheless this Council  welcomes steps to support the work of the police within Havering including the proposed option to purchase Hornchurch Police Station and introduction of section 92 Police Officers as long as Members are provided with regular updates and progress reports on both schemes to demonstrate the merit, effectiveness and value for money of these initiatives.

 

The amendment on behalf of the Residents’ Group was NOT AGREED by 33 votes to 11 (see division 11); the amendment on behalf of the Independent residents’  ...  view the full minutes text for item 27.

28.

VOTING RECORD pdf icon PDF 229 KB

Minutes:

The record of voting decisions is attached at appendix 3.