Agenda and minutes

To sign as a true record the minutes of the Meeting of the Council held on 23 November 2011

RESOLVED:

That the minutes of the Meeting of the Council held on 23 November 2011 be signed as a true record.

The Leader of the Council reported that it was the Mayor’s Birthday and offered congratulations on behalf of the Council.

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

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

Councillors Jeff Brace and Jeffery Tucker each declared a personal interest in relation to matters likely to be referred to in the course of debate on the motion at agenda item 14A, Revitalising the Borough’s Town Centres (see minute 71 following).

The Mayor’s Announcements are attached as Appendix 1 to these minutes.

No petitions were presented.

To consider the report of the Cabinet (attached)

There was before Council a report of the Cabinet, inviting approval of a Development Plan Document for inclusion within the Havering Local Development Framework. It was noted that the Document had been prepared jointly with other North East London Borough Councils.

The recommendations within the report were AGREED without division and it was RESOLVED:

That the Joint Waste Development Plan Document, incorporating the Inspector’s recommended changes (Appendix 2 to the report considered by the Cabinet at its meeting on 18 January 2012) be adopted in accordance with Section 23 of the Planning and Compulsory Purchase Act 2004 and the subordinate legislation made thereunder.

To consider the report of the Cabinet (attached)

The Council received a report of the Cabinet, submitting for approval a Development Plan Document for inclusion within the Havering Local Development Framework relating to the provision of Gypsy and Traveller Sites within the Borough.

The recommendations within the report were AGREED without division and it was RESOLVED:

1                    That the Report on Consultation (as set out in Appendix 1 to the report to the Cabinet of 18 January 2012)be approved.

2                    That the Council approve for consultation the Proposed Submission Gypsy and Traveller Sites Development Plan Document (as set out in Appendix 2 of that Cabinet report).

To consider the report of the Governance Committee (attached)

The Governance Committee had further reviewed the arrangements for the Annual Meeting of the Council, following unforeseen difficulties that had arisen during the course of the meeting in May 2011. Proposals were now submitted for adjustments on a trial basis to be made for 2012. The Council was also invited to agree a minor change in the order of business.

The recommendations within the report were AGREED without division and it was RESOLVED:

1          That the conferment of awards at the Annual Meeting of the Council be considered civic business and dealt with before the statement by the Leader of the Council, and that the Council Procedure Rules (CPR) be amended by moving paragraph (h) of CPR 1 to follow immediately after paragraph (e), and re-numbering the current paragraphs (f) and (g) accordingly.

2          That, for 2012/13, the following adjustments be made:

(a)    That the business of the Annual Meeting of the Council in May be confined to civic business (Part 1 of CPR 1) and other business appropriate to the Annual Meeting (paragraphs (h) and (i) of Part 2 of that CPR), that the meeting commence at 7.30pm rather than 7pm, that the Leader’s statement be taken as the final item of business and that the meeting terminate on conclusion of the statement;

(b)    That an additional ordinary meeting of the Council be held on 13 June to consider the remaining business specified in Part 2 of CPR 1 (ordinary business at the Annual Meeting) and that there be opportunity for debate about the Leader’s statement;

(c)    That the Mayor be authorised to determine the timetable for the submission of any motion or amendment relating to the Leader’s statement as if the final paragraph of CPR 4.1 (arrangements for extraordinary meetings) applied to the meeting; and

(d)    That so far as necessary to achieve the purposes of these proposals, Part 2 of CPR 1 be suspended for the 2012 Annual Meeting but be applied to the additional ordinary meeting (rather than CPR2 (ordinary meetings)).

To consider the report of the Governance Committee (attached)

The Governance Committee had undertaken a review of the Financial Procedure Rules (FPRs) in the light of recent organisational and legislative changes. The report recommended that revised FPRs, as set out in Appendix 2 to these minutes, be adopted. 

The recommendations within the report were AGREED without division and it was RESOLVED:

That the revised Financial Procedure Rules, as now appended, be adopted.

To consider the report of the Chief Executive (attached)

The Council was reminded that, under paragraph 18e of the Overview & Scrutiny Procedure Rules, the Leader of the Council was required to report to Council on decisions taken by himself, Cabinet or individual Cabinet members, or key decisions made by a member of staff in the circumstances set out in Rule 18 (exemption to the call-in (requisition) procedure).

Two such decisions were now reported upon:

1)         Appointment of contractor for works related to Phase 1 of the Transport for London funded Hornchurch Major Scheme; and

2)         Award of the Rainham Traffic Management Scheme contract

The Council AGREED, without division, to NOTE the report

To consider the report of the Monitoring Officer

The Mayor has agreed pursuant to section 100B(4) of the Local Government Act 1972 that this shall be considered as an urgent item of business.

NOTE: An amendment to this report may be moved

at any time prior to a decision being taken.

The Monitoring Officer reported that the Local Government Ombudsman had published a report, finding maladministration by the Council in relation to an application for housing accommodation. The Ombudsman recommended that the Council should:

1          without delay make a suitable offer of accommodation to the complainant (referred to as “Ms Ford”)

2          pay £4,000 to the complainant and her family in recognition of the injustice they had been caused and the loss of opportunity to be rehoused in more suitable premises

3          arrange and pay for an additional week of respite care for the complainant’s disabled daughter (referred to as “Anna”), and

4          review the wording of its lettings policy.

The Council received a statement by Leader of the Council, accepting the findings of the report and apologising to the complainant for the errors made in her case. Under Council Procedure Rule 11.7, a Member’s question was asked and answered. The texts of the Leader’s statement and of the question and answer are set out in Appendix 3 to these minutes.

On behalf of the Labour Group, an amendment to recommendations was proposed:

That the words “with appropriate references to people with disabilities” be added after the words “be completed” on the first line of recommendation 3 of the Monitoring Officer’s report.

The amendment was ACCEPTED, and agreed without division.

The recommendations of the Monitoring Officer (as amended) were AGREED unanimously (51 votes to 0) (see division 1) and it was RESOLVED:

1.                  That the Council receive and note the Ombudsman's report on this case.

2.         That the Ombudsman's recommendations be accepted in full, and that arrangements be made to pay the recommended compensation of £4,000 as soon as possible and for the recommended respite care for Anna to be provided as soon as convenient to the family.

3.         That the current review of the housing allocations policy, with appropriate references to people with disabilities, be completed as soon as practicable and that disabled stakeholder groups be fully consulted on the new policy prior to its submission for approval.

4.         That the new policy be submitted for Cabinet approval, accompanied by a comprehensive Equality Analysis (EA) of the policy.

5.         That all staff dealing with housing allocations be required to undergo appropriate refresher training on equalities and diversity as soon as practicable, so that they are fully up-to-date on the Council’s Equality Act obligations.

6.         That all current housing applications be reviewed to ensure that full account is taken of any Equality Act 2010 obligations or requirements and that due regard has been paid to such applicants’ needs, with adjustments as necessary being made to ensure that there is no risk of the Council being held to have failed to take proper account of such factors in those cases, and that Equality Analyses of all of the Council’s Housing Policies, practices and procedures be undertaken, to be completed no later than 31 January 2013, to ensure that the statutory Public Sector Equality Duty is being complied with.

7.         That  ...  view the full minutes text for item 69.

10 questions were asked and replies given.

The texts of those questions and their answers, together with those not asked orally, are set out in Appendix 4  to these minutes.

Please refer to the accompanying motions paper

Councillors Jeff Brace and Jeffery Tucker each declared a personal interest in the matters to be debated

Motion on behalf the Residents’ Group

Following the recent publication of the ‘High Street Review’ by Mary Portas, this Council agrees to examine the proposals in the context of the local economy in Havering and accordingly agrees: 

a)         To establish a panel, made up of cross party members, representatives from the business community and members of the public to consider the recommendations of the ‘High Street Review’ and how, where appropriate, they can be applied to Havering

b)         That the panel report in due course to the Town & Communities Overview and Scrutiny Committee, which will set the detailed terms of reference of the panel and relevant timeframes and consider its recommendations

c)         To include all town centres in Havering as part of the review

d)         To request the Overview & Scrutiny Committee to report to the Cabinet in due course upon the findings and recommendations of the panel

Amendment on behalf of the Independent Residents’ Group

Insert before the beginning of the motion:

This Council believes that the main reason High Streets became neglected was because of Mrs Thatcher’s introduction of the biased grant funding and the removal of the business rates from local councils.

This meant business rates were replaced by 106 agreements as a vital source of income. This led councils to favour Mega-Stores and ignore the High Street.

Only by getting Justice for Havering and restoring business rates to local councils will this favouritism be reversed.

However there are still a range of remedial policies that can help revive our High Streets and

Then continue with the motion as proposed

Amendment on behalf of the Administration

Amend to read:

Following the recent publication of the 'High Street Review' by Mary Portas, this Council agrees that its Sustainable Communities Strategy, Culture Strategy and Local Development Framework, among other policies and strategies, offer a humane and locally distinctive vision for all towns and villages in Havering, which will enable it to respond positively to the aspirations of local people and other interested bodies.

After debate of the Residents’ Group motion, the Independent Residents’ Group amendment was LOST by 3 votes to 46 (division 2); the Administration amendment was CARRIED by 30 votes to 19 (division 3); and the Administration Amendment was AGREED as the substantive motion by 30 votes to 19 (division 4).

RESOLVED:

Following the recent publication of the 'High Street Review' by Mary Portas, this Council agrees that its Sustainable Communities Strategy, Culture Strategy and Local Development Framework, among other policies and strategies, offer a humane and locally distinctive vision for all towns and villages in Havering, which will enable it to respond positively to the aspirations of local people and other interested bodies.

During debate of the matters mentioned in the preceding minute, a procedural motion, that Councillor Jeffery Tucker be not heard, was proposed and seconded on the ground that comments by him during his closing remarks in the debate justified refusal to allow him to continue. The procedural motion was CARRIED without division.

RESOLVED:

That Councillor Jeffery Tucker be not heard.

Councillor Tucker thereupon resumed his seat.

With the agreement of the Council, the following motions were withdrawn:

14B – Public access to the Council Chamber – by the Independent Residents’ Group

14C – The Council’s constitutional arrangements – by the Labour Group

The record of voting divisions is attached as Appendix 5 to these minutes.