Agenda, decisions and minutes

To sign as a true record the minutes of the Meetings of the Council held on 20 May 2015 (attached).

AGREED as a correct record without division.

The minutes of the meetings of the Council held on 20 May 2015 were before the Council for approval. It was noted that a correct version of appendix 2 of the minutes of the Annual Meeting of the Council was shown in the supplementary agenda. 

It was AGREED, without division, that the minutes of the Extraordinary and Annual meetings of the Council be signed as a correct record.

RESOLVED:

That the minutes of the meetings of the Council held on 20 May 2015, be signed as a correct record.

There were no disclosures of interest.

To receive announcements (if any).

The Mayor announced that his charities for the year would be First Step and the Special Care Baby Unit at Queen’s Hospital. The Mayor also asked all Members to ensure that good standards of behaviour were observed at all times during Council meetings.

The Mayor also announced that this would be the final Council meeting attended by Joy Hollister – Group Director of Children, Adults and Housing who was leaving the Council to take up a position at Derbyshire County Council. The Mayor thanked Joy for her hard work on behalf of the Council and the Leader and eight other Members also spoke in tribute to Joy and her achievements during her time at Havering.

The text of the announcements given by the Leader of the Council is shown in appendix 1 to these minutes.

Councillors Keith Roberts, David Durant, Dilip Patel and Jeffrey Tucker have given notice of an intention to present a petition.

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

Received from Councillors Durant, Patel and Roberts.

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

From Councillor Keith Roberts concerning inconsiderate parking across driveways in Wennington Road.

From Councillor David Durant against parking restrictions in Ingreborune Road.

From Councillor Dilip Patel requesting a traffic calming scheme in Percy Road and Linley Crescent.

It was NOTED that the petitions would be passed to Committee Administration for attention in accordance with the Council’s Petitions Scheme.

To consider a report of the Governance Committee on changes to the call-in process for Regulatory Services Committee (attached).

Note: The deadline for amendments is midnight, Monday 8 June 2015.

Report AGREED without division.

A report of the Governance Committee invited Council to agree some changes to the call-in process for planning applications brought before the Regulatory Services Committee. This sought to restrict the normal call-in process to Councillors for the ward in which the planning application site was located whilst retaining a procedure whereby, in exceptional circumstances, an application could still be called-in by non-ward Councillors.

The recommendations of the Governance Committee were AGREED without division and it was RESOLVED that:

1. Committee Procedure Rule 13(e) of the Council’s Constitution be revised the read the following:

(e)          Only a Councillor representing the ward in which the planning application is located, or in exceptional circumstances any member of the Council, may call-in an application before the Regulatory Services Committee. Any such request for call-in must be received by the Head of Regulatory Services in writing (to include email and facsimile) and must set out detailed reasons for the call in which must be related solely to matters of material planning concern. Any Member of the planning committee calling in a matter must take care to express themselves in a manner which would not amount to bias or pre-determination should they intend to take part in the meeting.

2.  That Section 3.6.6(d) be revised to read the following:

“Members of the Ward in which a proposal is situated may request that an application be referred to the Regulatory Services Committee for determination.  Such request must be made in writing to the Head of Regulatory Services personally.  If no such request is received by the deadline of that period the Head of Regulatory Services may determine the application.

If any Member considers there are exceptional circumstances warranting the calling in of a planning application which is not situated within their Ward then they must seek and obtain approval from the Head of Regulatory Services.”

3. That the Council’s Monitoring Officer be authorised to make the necessary change to the Council’s Constitution, should the proposal be agreed by Council.

To consider a report of the Governance Committee on Changes to Delegated Powers – Regulatory Services (attached).

Note: the deadline for amendments is midnight, Monday 8 June 2015.

Report AGREED without division.

A report of the Governance Committee asked Council to agree a short amendment to the constitution authorising the Head of Regulatory services to take any necessary action to achieve compliance with an enforcement case, including Enforcement Notices and Listed Building Notices. The wording to amend the Constitution in this regard had been inadvertently omitted from the report on this matter considered by Council at its meeting on 28 January 2015.

The report was AGREED without division and it was RESOLVED:  

That Section 3.6.6 (p) of the Council’s Constitution be amended to include the following additional wording:

"… and to take any action necessary to achieve compliance with a notice, including commencing proceedings for injunctions and demolishing buildings."

To consider a report of the Chief Executive on the appointment of a Director of Legal and Governance – oneSource (to follow pending confirmation of appointment). 

Report AGREED without division.

A report of the Monitoring Officer invited Council to delegate the confirmation of preferred candidates for appointments to the Appointments Sub-Committee as this would streamline the process of involved with oneSource appointments.

The report was AGREED without division and it was RESOLVED:

That Council delegate the confirmation of preferred candidates for appointments to the Appointments Sub-Committee. 

To consider a report of the Group Director of Communities & Resources on an amendment to the Treasury Management Strategy (attached).

Note: The deadline for amendments is midnight, Monday 8 June 2015.

Report AGREED without division.

A report of the Group Director of Communities and Resources asked Council to agree an amendment to paragraph 4.3, Table 2 of the Treasury Management Strategy. This would authorise the making of loans up to £15 million to the wholly owned arm’s length company of the Council which had recently been set up by Cabinet to develop homes for market rent and sale.

The report was AGREED without division and it was RESOLVED that:

The list of approved Counter parties (as set out in paragraph 4.3 Table 2) be expanded to include the following:

·                     Approved Counterparty:

Wholly owned subsidiary of the London Borough of Havering.

·                     Loan Value : up to £15m

·                     Duration: Unlimited but subject to the approval of the Business plan

To consider a report of the Chief Executive on the allocation of seats on the Committees of the Council (attached).

Note: Amendments to the report may be proposed at any time prior to consideration of this item.

Report AGREED without division.

Following the withdrawal of Councillor Hyde from the United Kingdom Independence Party Group, there was before Council a report of the Chief Executive concerning the allocation of seats on the Committees of the Council and advising on revised political balance issues.

The report was AGREED without division and it was RESOLVED:

That Council agrees to the default seat allocation as set out in Appendix 2 to these minutes.

Following the withdrawal of Councillor Hyde from the United Kingdom Independence Party Group, nominations are required for a new Vice-Chair of the Individuals Overview and Scrutiny Sub-Committee.

Note: Nominations may be made at any time prior to consideration of this item.

Councillor Rumble ELECTED as Vice-Chair of the Individuals Overview and Scrutiny Sub-Committee, without division.

Following the withdrawal of Councillor Hyde from the United Kingdom Independence Party Group, Councillor Rumble had been nominated as Vice-Chair of the Individuals Overview and Scrutiny Sub-Committee.

The appointment of Councillor Rumble was AGREED without division and Councillor Rumble was therefore declared ELECTED as Vice-Chair of the Individuals Overview and Scrutiny Committee.

Deemed motion by the Conservative Group

That the statement given by the Leader of the Council at the Annual Meeting of the Council on 20 May 2015 be received.

Amendment by the Residents’ Group

In light of the Leader’s statement at Annual Council that the council is set for some challenging times ahead, this council agrees that a comprehensive review is undertaken to ensure that the management of this council is the most effective and efficient that it can be. Although not an exhaustive list, this will include looking at targets set, how individual output and training is measured and monitored, quality of work checked, procedures reviewed, documented and technology used to ensure that this council is the most streamlined and cost effective.  

Amendment by the Residents’ Group AGREED without division.

Deemed motion by the Conservative Group

That the statement given by the Leader of the Council at the Annual Meeting of the Council on 20 May 2015 be received.

Amendment by the Residents’ Group

In light of the Leader’s statement at Annual Council that the council is set for some challenging times ahead, this council agrees that a comprehensive review is undertaken to ensure that the management of this council is the most effective and efficient that it can be. Although not an exhaustive list, this will include looking at targets set, how individual output and training is measured and monitored, quality of work checked, procedures reviewed, documented and technology used to ensure that this council is the most streamlined and cost effective.

            Following debate, the amendment by the Residents’ Group was AGREED without division.

RESOLVED:

            In light of the Leader’s statement at Annual Council that the council is set for some challenging times ahead, this council agrees that a comprehensive review is undertaken to ensure that the management of this council is the most effective and efficient that it can be. Although not an exhaustive list, this will include looking at targets set, how individual output and training is measured and monitored, quality of work checked, procedures reviewed, documented and technology used to ensure that this council is the most streamlined and cost effective.

Attached.

15 questions replied to.

Fifteen questions were asked and replies given.

The text of the questions, and their answers, are set out in Appendix 3 to these minutes.

Motions paper attached.

A.   Leader of the Council

Procedural motion that Councillor Ramsey have 10 minutes to reply in general debate, CARRIED without division.

Procedural motion that Councillor Tucker be not heard CARRIED without division.

Procedural motion that Councillor Durant be not heard CARRIED by 40 votes to 4.

Motion by Independent Residents’ Group NOT CARRIED by 45 votes to 3.

 Motion on behalf of the Independent Residents’ Group

The Council Leader was elected in a hung council on a promise to adopt a consensual approach and respect other groups, but this promise was wilfully broken at the Annual Council meeting. Thus this Council calls on the Council Leader to resign to allow a new contest for Council Leader to be held.

A procedural motion that, under Council procedure rule 12.1 (o) the Leader of the Council be given 10 minutes to reply to the motion during general debate was CARRIED without division.

During the course of debate, a motion that Councillor Tucker be no longer heard was CARRIED without division.

During the course of debate, a motion that Councillor Durant be no longer heard was CARRIED by 40 votes to 4 (see division 1). 

Following debate, the motion on behalf of the Independent Residents’ Group was NOT CARRIED by 45 votes to 3 (see division 2).

The record of voting decisions is attached as Appendix 4.