Agenda, decisions and minutes

A minute’s silence was held in memory of the victims of the recent terrorist attacks in Paris. The Leader of the Council conformed that he had recently passed on a message of sympathy to the Mayor of Hesdin – twin town of Havering. Several Members spoke expressing their sympathy and condolences over the recent events.

To receive apologies for absence (if any).

Received from Councillors Hyde and Mugglestone and from Cheryl Coppell, Chief Executive.

Apologies for absence were received from Councillors Philip Hyde and Barry Mugglestone and from Cheryl Coppell, Chief Executive.

To sign as a true record the minutes of the Meeting of the Council held on 16 September 2015 (attached).

AGREED as a correct record subject to the correction that the Mayor (Councillor Brian Eagling) was in the Chair.

The minutes of the meeting held on 16 September 2015 were before the Council for approval.

It was AGREED, without division, that the minutes of the meeting of the Council held on 16 September 2015 be signed as a correct record, subject to the correction that the Mayor (Councillor Brian Eagling) was in the Chair.

RESOLVED:

            That the minutes of the meeting of the Council held on 16 September 2015 be signed as a correct record, subject to the correction that the Mayor (Councillor Brian Eagling) was in the Chair.

Personal interests in agenda item 8 (Outline Proposals to Address Early Years, Primary, Secondary and SEN Rising Rolls – Phases 3 and 4 Expansion Programme) disclosed by Councillors Barrett, Brice-Thompson, Chapman, Davis, Patel, Smith, Thompson, D White, Wise and de Wulverton.

Personal interests in agenda item 8 (Outline Proposals to Address Early Years, Primary, Secondary and SEN Rising Rolls – Phases 3 and 4 Expansion Programme) were disclosed by the following Councillors:

Councillor Clarence Barrett (lived in locality of a school mentioned in the report)

Councillor Wendy Brice-Thompson (Governor of Royal Liberty School and Havering Sixth Form College)

Councillor Joshua Chapman (Governor of Squirrels Heath Junior School)

Councillor Meg Davis (Governor of Havering Sixth Firm College)

Councillor Ian de Wulverton (lived in locality of school mentioned in the report)

Councillor Dilip Patel (Governor of Crownfield Infant School)

Councillor Carol Smith (lived in locality if school mentioned in the report)

Councillor Frederick Thompson (Governor of Pupil Referral Unit)

Councillor Damian White (Governor of Frances Bardsley School)

Councillor Darren Wise (lived in locality of a school mentioned in the report)

To receive announcements (if any).

A minute’s silence was held in memory of former Councillors Leslie Mills and Ian Wilkes, Mr Arthur Rackley, Pearly King of Upminster and Father Sean Sheils, Priest of Corpus Christi Church, Collier Row. Tributes were paid by a number of Members.

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

Under Council Procedure Rule 7 (d) the Mayor agreed to deal with this item at an earlier stage in the agenda.

      Motion on behalf of the East Havering Residents’ Group

Research by the National Autistic Society suggested, of the 700,000 adults with Autism, only 15% are employed. The remaining unemployed require long-term financial support.

Havering has approximately 1,433 adults with Autism, which is profiled to rise by 12% over the next 15 years. This places increased pressures and challenges at a local level.

This Council accordingly agrees to: 

• Work with Local Partners to ensure the devolved offer on skills and employment includes a strategy to support Autistic Spectrum Disorder adults with the aim of increasing the number in employment by the end of 2016.

• Lobby the government to recognise the economic benefits and under-use of skills in the workforce, and to develop programmes, promoting work opportunities for adults with ASD.

Following debate, the motion by the East Havering Residents’ Group was CARRIED unanimously by 52 votes to 0 (see division 1).

RESOLVED:

Research by the National Autistic Society suggested, of the 700,000 adults with Autism, only 15% are employed. The remaining unemployed require long-term financial support.

Havering has approximately 1,433 adults with Autism, which is profiled to rise by 12% over the next 15 years. This places increased pressures and challenges at a local level.

This Council accordingly agrees to: 

• Work with Local Partners to ensure the devolved offer on skills and employment includes a strategy to support Autistic Spectrum Disorder adults with the aim of increasing the number in employment by the end of 2016.

• Lobby the government to recognise the economic benefits and under-use of skills in the workforce, and to develop programmes, promoting work opportunities for adults with ASD.

Councillor Stephanie Nunn has given notice of an intention to present a petition.

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

Received from Councillor Nunn.

Pursuant to Council Procedure Rule 23, the following petition was presented:

From Councillor Stephanie Nunn concerning the condition of the roadway in Dunningfird Chase, Elm Park.

To consider a report of Cabinet on the Housing Development Plan – Strategic Overview (attached).

Report AGREED without division.

A report of Cabinet asked council to agree increases in the Capital Budget in order to fund the Affordable Housing Sub-Strategy of the Council’s Housing Strategy 2014-17. This would ensure an increase in social housing delivery in order to meet housing pressure, expand housing option and improve property standards.

The report was AGREED without division and it was RESOLVED:

That the following requested increase in the Capital Budget, as set out in the Cabinet report, be approved:

·         15/16 Increase of £3.000m to £13.509m

·         16/17 Increase of £26.675m to £39.999m

·         17/18 increase of £20.797m to £29.744m

To consider a report of the Cabinet on Outline Proposals to address Early Years, Primary, Secondary and SEN Rising Rolls – Phases 3 and 4 Expansion Programme (subject to outcome of requisition of the Cabinet decision on this matter, due to be considered by the Overview and Scrutiny Board on 24 November 2015) (attached).

Report AGREED without division.

A report of Cabinet asked Council to approve additions to the Capital Programme in order to continue the school expansion programme though its next two phases and expend the Authority’s Special Education Needs provision. This need had arisen because of the recent and current rising birth rate and the statutory duty to provide every school-aged child in the borough with an education.

The report was AGREED without division and it was RESOLVED:

That the following items:

1.    Be added to the 2015/16 capital programme for phase 3 expansion:

·         £16,756,152 16/17 Basic Need Grant and;

·         £282,078 interest on existing S106 education contributions

2.     Be added to the 2015/16 capital programme in respect of post 16 SEN:

·         £927,000 S106 education contributions

3.     Be added to the 2015/16 current Early Years capital programme:

·         £1,900,000 DSG top sliced from Early Years Capital.

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

Report AGREED without division.

A report of the Governance Committee asked Council to agree some amendments to the Constitution changes to the call-in procedure for planning applications and in relation to Certificates of Lawful Development for existing development.

A change to Constitution wording concerning the power to deal with deliberate concealment of planning breaches was also recommended to enable more effective and efficient service delivery.

The report was AGREED without division and it was RESOLVED:

That the following changes be incorporated into Section 3.6.6 of the Constitution relating to the Functions Delegated to the Head of Regulatory Services:

1)         New Section 3.6.6(dd) to read:

            “To apply to the magistrates court for a Planning Enforcement Order in accordance with Sections 171BA to 171BC of the Town and Country Planning Act 1990.”

2)         Section 3.6.6(b) (vi) be altered to read:

            "carry out residential development where the number of additional dwellings does not exceed two, including proposals which require prior completion of a Unilateral Undertaking committing the applicant to pay a contribution to mitigate the impact of the development on infrastructure, the latter involving liaison during the process between Head of Regulatory Services and Head of Legal Services."

3)         Section 3.6.6(u) be altered to read:

            “To issue Certificates of Lawfulness for existing and proposed development and use”

To consider a report of the Governance Committee on Changes to Regulatory Powers (Culture and Leisure Services) (attached).

Report AGREED without division.

A report of the Governance Committee asked to approve a change to the Constitution concerning the delegation of powers under the Criminal Justice & Public Order Act relating to the Control of Unauthorised Campers. It was recommended that these powers, most regularly used for action against unauthorised traveller encampments, be delegated to the Head of Culture & Leisure and turn to the parks Manager.

The report was AGREED without division and it was RESOLVED:

That the following changes be incorporated into Sections 3.6.4 and 3.6.6(l) of the Constitution relating to the Head of Culture & Leisure and the Head of Regulatory Services:

To authorise and issue, on behalf of the Council, statutory directions requiring unauthorised campers to leave land and remove their property and vehicles

To consider a report of the Licensing Committee on Havering’s new Statement of Licensing Policy for the Licensing Act 2003 (attached).

Report AGREED without division.

A report of the Governance Committee asked Council to adopt the revised Statement of Licensing Policy.

As required under the Licensing Act 2003, this policy had recently been reviewed after five years of operation. A consultation exercise had recently been carried out with statutory bodies including the Chief Police Officer for the Borough, the London Fire and Emergency Planning Authority, bodies representing local holders of premises licences, Responsible Authorities as defined in the Act and local residents. 

All comments received were considered in light of Government guidance and, where appropriate, incorporated into the final version of the Statement of Licensing Policy.

The report, including Equalities Impact Assessment, was AGREED without division and it was RESOLVED:

That the revised Statement of Licensing Policy be adopted.

To consider a report of the Licensing Committee on Havering’s new Statement of Gambling Policy for the Gambling Act 2005 (attached).  

Report AGREED without division.

A report of the Governance Committee asked Council to adopt the revised Statement of Gambling Policy.

As required under the Gambling Act 2005, this policy had recently been reviewed after three years of operation. An on-line consultation exercise had been carried out with statutory consultees and information had also been disseminated via the Licensing Matters and Business Briefing e0-mail bulletins, in the Romford Recorder and on the Council website.

The report, including Equalities Impact Assessment, was AGREED without division and it was RESOLVED:

That the revised Statement of Gambling Policy be adopted.

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 2 to these minutes.

Motions paper attached.

A.   Autistic Spectrum Disorder

Motion by the East Havering Residents’ Group AGREED by 52 votes to 0.

B.   Article 4 Direction

Amendment by the Conservative Group CARRIED by 46 votes to 1 and AGREED as substantive motion without division.

C.   Leisure Centres

Motion by Independent Residents’ Group withdrawn and resubmitted to next Council meeting.

          Motion on behalf of the Independent Residents’ Group

A developer has made extensive alterations to a property that includes erecting two 2 metre (6’6”) high front boundary brick walls of an industrial appearance. The walls are immediately outside one neighbour’s front door and another neighbour’s front window in a road characterised by owner occupier houses with low front walls.

The Planning Department has described the two walls as arguably part “permitted development” (nearest the building) and part breach of planning rules (nearest the highway).  The “permitted development” part of the wall blocks neighbours street view.

This is a very worrying development, thus Council calls on the Administration to implement an Article 4 Direction throughout the borough to restrict the height of front walls without planning permission to protect our suburban environment and community cohesion.

Amendment on behalf of the Conservative Group

Amend motion to read:

Noting concern expressed in respect of a case where two 2 metre high front boundary walls of an industrial appearance have been erected and that the Planning Department has described the two walls as arguably part “permitted development” and part breach of planning rules and that the “permitted development” part is considered to block neighbours’ street view, this Council invites the Towns & Communities Overview & Scrutiny Sub Committee to investigate the case and to consider and recommend to Cabinet any action which the Council might take to address problems such as these.

Following debate, the amendment by the Conservative Group was CARRIED by 46 votes to 1 (see division 2) and AGREED as the substantive motion without division.

RESOLVED:

Noting concern expressed in respect of a case where two 2 metre high front boundary walls of an industrial appearance have been erected and that the Planning Department has described the two walls as arguably part “permitted development” and part breach of planning rules and that the “permitted development” part is considered to block neighbours’ street view, this Council invites the Towns & Communities Overview & Scrutiny Sub Committee to investigate the case and to consider and recommend to Cabinet any action which the Council might take to address problems such as these.

Motion on behalf of the Independent Residents’ Group

As we await the promised new Romford Leisure Centre it is still vital to maintain and enhance the existing borough wide provision of leisure facilities that serve all our residents. Presently the borough wide leisure centre contract is held by “Sports and leisure Management Limited” and operates at a loss requiring a council subsidy. To cut costs there has been a contractual variation to reduce hours and presumably improvements at Chafford, Rainham and no doubt the Central Park, Romford and Hornchurch Leisure Centres face potential cutbacks too!

Following Academy status and a Land Tribunal Adjudication the Chafford Leisure Centre will be owned by the school when the council contract ends in Oct 1^st 2016 and without financial help will close, because their priority is educational rather than leisure spending. The existing facility needs significant investment and if it were to close there is planning permission in place for a new swimming pool at Chafford when funding becomes available. But will the Council allow an existing Leisure Centre, as well as an Ice Rink, to close as we await a second and ‘state of the art’ leisure centre in Romford that includes a promised £2 million funding from reserves?

Thus this Council calls on the Administration to maintain and enhance the existing borough wide provision of leisure facilities at Rainham, Romford and Hornchurch Leisure Centres in the healthy interests of all Havering residents.

Amendment on behalf of the Conservative Group

Amend motion to read:

Noting with approval the imminent commencement of the construction of the Romford Leisure Centre in Romford Town Ward, the letting of the contract for the first phase of the £3 million Broxhill Sports Park in Heaton Ward, the recent opening of the Visitors Centre at Hornchurch Country Park in Elm Park Ward, the recent opening of the new library and establishment of a new park in Rainham Ward, the current construction of a new library in Gooshays Ward, the achievement of Green Flags in parks across the borough and noting that the Council’s Leisure Management Contract, the negotiation of which is currently in progress, is likely to provide an enhancement of leisure facilities rather than cutbacks, this Council welcomes the Administration’s intention to continue to maintain and enhance the existing borough wide provision of leisure facilities in the healthy interests of Havering residents.

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

The record of voting decisions is attached as Appendix 3.