Agenda and draft minutes

Council - Thursday, 24th November, 2022 6.00 pm

Venue: Council Chamber, Town Hall, Matlock, DE4 3NN. View directions

Contact: Democratic Services 

Media

Items
No. Item

208/22

Public Participation pdf icon PDF 71 KB

To enable members of the public to ask questions, express views or present petitions, IF NOTICE HAS BEEN GIVEN, (by telephone, in writing or by email) BY NO LATER THAN 12 NOON OF THE WORKING DAY PRECEDING THE MEETING. As per Procedural Rule 14.4 at any one meeting no person may submit more than 3 questions and no more than 1 such question may be asked on behalf of one organisation.

 

Minutes:

Re: Agenda Item 15 – Establishment of Gypsy and Traveller Site Provision Working Group

 

In accordance with the procedure for public participation a statement was received from Northwood & Tinkersley Parish Council, John Youatt on behalf of the owners of the Woodyard and a letter from Rowsley Parish Council.

209/22

Approval of Minutes of Previous Meeting pdf icon PDF 208 KB

29 September 2022

 

Minutes:

It was moved by Councillor Jason Atkin, Seconded by Councillor Tom Donnelly and

 

RESOLVED (unanimously)

 

That the minutes of a meeting of Council held on 29th September 2022 be approved as a correct record.

 

The Chairman declared the motion CARRIED.

210/22

Interests

Members are required to declare the existence and nature of any interests they may have in subsequent agenda items in accordance with the District Council’s Code of Conduct. Those interests are matters that relate to money or that which can be valued in money, affecting the Member, her/his partner, extended family and close friends. Interests that become apparent at a later stage in the proceedings may be declared at the time.

Minutes:

Item 11 - Additional Funding for Freedom Leisure due to the Increased Cost of Energy

 

Councillor Alasdair Sutton declared a non-pecuniary interest in Item 11 due to a family member being a regular user of services provided by Freedom Leisure and left the room during consideration of this item.

 

Item 12 - Hurst Farm Heritage Trail Lottery Bid Approval

 

Councillor Steve Flitter declared a pecuniary interest in Item 12 due to being a trustee of the Friends of Hurst Farm and the beginning of the trail running adjacent to his property. Councillor Steve Flitter left the room during consideration of this item.

 

Councillor Paul Cruise declared a non-pecuniary interest in Item 12 due to being a trustee of the Friends of Hurst Farm.

211/22

Leaders' Announcements

Announcements of the Leader of the Council.

Minutes:

Due to Councillor Garry Purdy’s absence, Leaders’ Announcements were not presented.

212/22

Chairman's Announcements

Announcements of the Civic Chairman.

Minutes:

Councillor Graham Elliott, Civic Chairman, made the following statement:

 

“My thanks to the town mayor Cllr Paul Cruise for the invite to attend the remembrance parade in Matlock on the 13th. The road was lined with onlookers as we marched from the Edgefold club into Crown Square. The Parkhead was packed and it was good to see so many younger people and children attending the event. I had the honour of laying the wreath on behalf of DDDC. A moving and Solemn occasion.

 

A quick thank you to fellow councillors Alyson Hill. Stuart Lees. Jason Atkin and Mike Ratcliffe who attended services and laid wreaths in their respective wards on behalf of this council.”

213/22

Committees pdf icon PDF 178 KB

To receive the non-exempt Minutes of the Committees shown below:

 

Non-exempt Minutes to be received:                                                      Date

 

Planning Committee                                                            13 September 2022

Licensing and Appeals Committee                                      21 September 2022

Governance and Resources Committee                             22 September 2022

Council                                                                                 29 September 2022

Planning Committee                                                                 11 October 2022

Community and Environment Committee                           01 November 2022

Planning Committee                                                             08 November 2022

 

Minute Book to follow

Additional documents:

Minutes:

Councillor O’Brien raised concerns regarding the recommendation included in minute 176/22 of Community and Environment Committee on the 1st November 2022. The Monitoring Officer confirmed that this recommendation would be considered at a future meeting of Council.

 

It was moved by Councillor Jason Atkin, seconded by Councillor Tom Donnelly and

 

RESOLVED (unanimously)

 

That the non-exempt minutes of the Committees listed in the Minute Book for the period 13th September 2022 to 08th November 2022 be received.

 

The Chairman declared the motion CARRIED.

214/22

QUESTIONS (RULE OF PROCEDURE 15)

Questions, if any, from Members who have given notice.

Minutes:

Question from Councillor Mike Ratcliffe to Councillor Garry Purdy, Leader of the Council and Councillor Jason Atkin, Chair of Planning Committee:

 

A number recent planning committee meetings have been in session for well over 4 hours. This inordinate length has a clear detrimental impact upon members, officers and the public who attend. Given that the regulatory and statutory function of the DDDC as a Planning Authority demands the highest standards of protocol and procedure, is it not now time for an urgent review into the governance process involved?”

 

In Councillor Garry Purdy’s absence, Councillor Susan Hobson provided a verbal response:

 

Thanks for your question, Cllr Ratcliffe. Like you, I am becoming increasingly concerned at the length of Planning Committee meetings in recent months. I know that the Monitoring Officer has indicated a few months ago that he was keeping a close eye on the committee and the way it operates, so I expect that he will bring forward proposals for consideration in due course. Members can send their thoughts directly to him if there are specific issues they would wish to be considered.

However, the responsibility is not just with officers, but also with Members. It is not unreasonable to expect that Members prepare fully in advance of meetings so that the best use of time can be achieved for all attendees. In the recent training provided to members of the Planning Committee, there was a reminder that Members should approach case officers to put questions in advance of the meeting and not leave them until the night of the meeting. This is not only a better use of officer time to avoid lengthy questions in meetings but should also allow more focus on the contributions to debate that Members make to enable the Committee to reach a decision – which should influence the way in which the committee chooses to vote.

 

Questions from Councillor Martin Burfoot to Councillor Garry Purdy, Leader of the Council:

 

From documents currently available it appears that over £3.5million collected from developers in lieu of affordable housing provision has been received, but not spent or yet allocated to any affordable housing project, as of March 2021.

Can Cllr Purdy confirm the above figure and provide a more up-to-date figure to show the current situation as regards S106 money held by the Council?

Does Cllr Purdy also agree with me that, given the Council’s Climate Change mitigation target, we should explore using some of this cash by championing energy efficient homes, with up to date insulation and renewable energy measures applied to all new build housing developments?

 

In Councillor Garry Purdy’s absence, Councillor Susan Hobson provided a verbal response:

 

Part 1:

 

I can refer Cllr Burfoot to Appendix C of the Capital Programme report which provides the up to date forecast for all of the capital reserves. The projected opening balance for the Section 106 reserve at 1st April 2023 is £4,019,683.

 

Part 2:

 

The District Council has played a key  ...  view the full minutes text for item 214/22

215/22

PROPOSAL OF A NOTICE OF MOTION (RULE OF PROCEDURE 16) pdf icon PDF 95 KB

The Council will debate the following Motion, submitted by Councillor Peter Slack, in accordance with Rule of Procedure 16.

 

“That the District Council be approved as a Council for Fair Tax Declaration”.

Minutes:

The Council considered a motion submitted by Councillor Peter Slack in accordance with rule of procedure 16.

 

It was moved by Councillor Peter Slack, seconded by Councillor Steve Wain and

 

RESOLVED

 

1.    That the Councils for Fair Tax Declaration be approved and adopted.

 

2.    That the Director of Corporate and Customer Services and Director of Resources prepare a report for a future meeting setting out the resource and legal implications associated with:

 

·         Leading by example and demonstrate good practice in our tax conduct, right across our activities

·         Ensuring IR35 is implemented robustly and contract workers pay a fair share of employment taxes.

·         Not using offshore vehicles for the purchase of land and property, especially where this leads to reduced payments of stamp duty.

·         Undertaking due diligence to ensure that not-for-profit structures are not being used inappropriately by suppliers as an artificial device to reduce the payment of tax and business rates.

·         Demanding clarity on the ultimate beneficial ownership of suppliers UK and overseas and their consolidated profit & loss position, given lack of clarity could be strong indicators of poor financial probity and weak financial standing

·         Promoting Fair Tax Mark certification especially for any business in which we have a significant stake and where corporation tax is due

·         Supporting Fair Tax Week events in the area, and celebrating the tax contribution made by responsible businesses are proud to promote responsible tax conduct and pay their fair share of corporation tax.

·         Supporting calls for urgent reform of UK procurement law to enable local authorities to better penalise poor tax conduct and reward good tax conduct through their procurement policies.

 

Voting

 

28 For

01 Against

00 Abstentions

 

The Chairman declared the motion CARRIED.

216/22

Appointment of a Chair and Vice-Chair to Scrutiny Committee

To take nominations and elect a Chair and Vice-Chair of the Scrutiny Committee for the 2022/23 municipal year.

Minutes:

It was proposed by Councillor Susan Hobson and seconded by Councillor Tom Donnelly that Councillor Tony Morley be nominated as Chair of the Scrutiny Committee and Councillor Alyson Hill be nominated as Vice-Chair.

 

It was then proposed by Councillor Peter O’Brien and seconded by Councillor Neil Buttle that Councillor Clare Gamble be nominated as Vice-Chair of the Scrutiny Committee.

 

The nominations were then put to the vote as detailed below and

 

RESOLVED

 

That Councillor Tony Morley be elected as Chair and Councillor Alyson Hill be elected as Vice-Chair of Scrutiny Committee.

 

Voting

 

Councillor Tony Morley be elected as Chair:

 

28 For

00 Against

01 Abstention

 

Election of Vice-Chair:

 

18 Councillor Alyson Hill

12 Councillor Clare Gamble

 

The Chairman declared the motion CARRIED.

 

217/22

Additional Funding for Freedom Leisure due to the Increased Cost of Energy pdf icon PDF 128 KB

A request for additional funding for Freedom Leisure to operate the 4 leisure centres across the district due to the increased cost of energy up to 31 March 2023.

Additional documents:

Minutes:

Councillor Alasdair Sutton left the room during the consideration of this Item due to previously declaring an interest.

 

The Director of Community & Environment Services introduced a report seeking approval for additional funding for Freedom Leisure to operate the four leisure centres across the district due to the increased cost of energy up to 31st March 2023.

 

Members were informed that following the government announcement of the Energy Bill Relief Scheme, Freedom Leisure could confirm that the total impact of the latest energy price increase was £272,397 this financial year and £578,693 for the next financial year, assuming the continuation of the central government support ‘cap’ after April 2023.

 

For this financial year Freedom Leisure forecasted a deficit after the utility increases of £325,000 and this was compounded by the effect of the lack of full income recovery after the global Covid-19 Pandemic and the subsequent inflationary rises in wages, goods, supplies and services. When the additional utility costs were included in the projections for next year it was noted that Freedom Leisure predicted a deficit of £739K in the financial year 2023-24.

 

It was moved by Councillor Susan Hobson, seconded by Councillor Tom Donnelly and

 

RESOLVED

 

1.   That approval be given to a supplementary revenue budget, financed from the General Reserve, to support the partnership to the value of 75% of the significant increase in energy costs to the value of £204,000.

 

2.   That support be ring-fenced to the Derbyshire Dales contract and paid on a monthly basis through open book accounting and monthly meetings with the contract managers up until 31st March 2023.

 

3.   That further investigation be undertaken in January 2023, regarding options to mitigate costs and to review further information or support provided by central government.

 

4.   That an update report be submitted to Council in March 2023.

 

Voting

 

25 For

02 Against

01 Abstained

 

The Chairman declared the motion CARRIED.

218/22

Hurst Farm Heritage Trail Lottery Bid Approval pdf icon PDF 144 KB

The Hurst Farm Regeneration project has been in place since September 2017. The project is delivering across several headings, the most recent being the award of a £1.2m Heritage Lottery Fund (HLF) grant that will deliver a new footpath around the estate, linking four key heritage assets. Numerous other projects and services will also be delivered within the programme. The funding body for the HLF grant require the Council to enter in to a Funding Agreement. This report therefore seeks the Council’s support to sign the Funding Agreement and be bound by the terms of the agreement.

 

Additional documents:

Minutes:

At 7:36pm, Councillors Steve Flitter and Neil Buttle left the meeting during consideration of this item.

 

The Director of Housing introduced a report giving an update on the Hurst Farm Regeneration project which had been in place since September 2017. It was noted that the project was delivering across several headings, the most recent being the award of a £1.2m Heritage Lottery Fund (HLF) grant that would deliver a new footpath around the estate, linking four key heritage assets.

 

It was also detailed in the report that the Hurst Farm Heritage Trail project would seek to deliver a £1,222,841 Heritage Lottery grant awarded to the Council for the creation of the Hurst Farm Heritage Trail. The HLF grant of £1,009,000 with the balance match funding from existing Council budgets and estimated value of volunteer time.

 

Members were also informed of how the Heritage Trail project would act as a key part of the wider Hurst Farm Regeneration Vision created in partnership with the Hurst Farm community and other partners. The trail planned to restore 14.4 hectares of woodland adjacent to the Hurst Farm Estate, using natural and built heritage as a catalyst to improve the landscape, conserve nature, support a disadvantaged community, improve wellbeing and assist in regenerating a deprived area.

 

It was moved by Councillor David Chapman, seconded by Councillor Tom Donnelly and

 

RESOLVED (unanimously)

 

1.    That the Director of Resources be authorised to sign the Funding Agreement and notes that the Council will be bound by the terms of the agreement.

 

2.    That the terms of the HLF grant conditions be accepted and agreed and that the Director of Housing be authorised to submit the required information to the HLF.

 

3.    That £682,885 (£565,034 plus £36,722 inflation and £81,129 contingencies) be added to the Council’s capital programme in respect of the Hurst Farm Heritage Trail project, with the expenditure being financed by the HLF grant.

 

4.    That a supplementary revenue budget of £326,115 (£272,942 plus £7,927 for inflation and £45,246 contingencies) be approved for 2022/23 in respect of revenue expenditure on the Hurst Farm Heritage Trail project, to be financed by a grant from the HLF.

 

The Chairman declared the motion CARRIED.

219/22

Capital Programme Budget Monitoring 2022/23 and Further Capital Projects Proposals pdf icon PDF 181 KB

This report presents the current financial position of spend against the 2022/23 Capital Programme as at 30th September 2022and seeks approval for an updated Capital Programme for 2022/23 to 2025/26 and associated financing.

Additional documents:

Minutes:

The Director of Resources introduced a report presenting the current financial position of spend against the 2022/23 Capital Programme as at 30th September 2022 and sought  approval for the updated 2022/23 to 2024/25 Capital Programme and associated financing.

 

Members were reminded that at the Council meeting on 29th September 2022, the revised Capital Programme for 2022/23 of £8,801,014 was approved.

 

The report sought to set more accurate budgets for projects based upon previous tendering experience, which in turn should minimise the risk of overspend. It was also noted that the risk had increased at the time of rapidly increasing inflation, however it had been mitigated somewhat with the inclusion of contingencies within the estimated costs.

 

It was moved by Councillor Jason Atkin, seconded by Councillor Tom Donnelly and

 

RESOLVED

 

1.    That the Capital Programme spend to 30th September 2022 be noted.

 

2.    That re-phasing of existing projects for completion over the next 3 years and the removal of projects not proceeding be approved.

 

3.    That new projects and revisions set out in paragraph 3.1.1 of the report, totalling £1,723,312, be approved for inclusion in the Capital Programme.

 

4.    That the updated capital programme for 2022/23 to 2024/25 set out in Appendix B to the report totalling £13,431,568 be approved.

 

5.    That financing of the Capital Programme from the sources summarised at paragraph 3.3 be approved.

 

Voting

 

27 For

00 Against

02 Abstained

 

The Chairman declared the motion CARRIED.

220/22

Amended Revenue Outturn 2021/22 pdf icon PDF 160 KB

In July 2022 the provisional outturn was calculated as £732,113. This was approved by Council on 28th July 2022. Following that report the production of the statutory Statement of Accounts continued. This process highlighted a number of errors which needed to be corrected, some of which have adjusted the overall surplus, and therefore transfer to general fund reserves. These corrections are significant, increasing the surplus from £732,113 to £2,395,035. This report describes the impact of the corrections and seeks approval for the additional surplus to be transferred to specific reserves.

Minutes:

At 7:49pm Councillor Janet Rose left the meeting, returning at 7:53pm prior to completion of the consideration of this item.

 

The Director of Resources introduced a report outlining the amended revenue outturn 2021/22. Members were reminded that in July 2022 the provisional outturn was calculated as £732,113. This was approved by Council on 28th July 2022. Following the July report, the production of the statutory Statement of Accounts continued. This process highlighted a number of errors which needed to be corrected, some of which had adjusted the overall surplus. The report described the impact of these corrections and sought approval for the additional surplus to be transferred to specific reserves.

 

As a consequence of the corrections to the 2021/22 revenue outturn, there had been a positive impact on the revenue account surplus with a further £1.66m, which would be available to fund one-off expenditure pressures and transition costs within the medium term financial plan. Notwithstanding the surplus in 2021/22, it was noted that the Council continued to face real terms budgetary pressures during a period of intense inflationary increases.

 

It was moved by Councillor Tom Donnelly, seconded by Councillor Mark Wakeman and

 

RESOLVED (unanimously)

 

1.    That the amended revenue outturn for 2021/22 and variance analysis be noted.

 

2.    That an additional transfer of £1,610,572 to the General Reserve be approved.

 

3.    That an additional transfer of £52,350 to Committed Expenditure Reserve be approved.

 

The Chairman declared the motion CARRIED.

221/22

Duration of Meeting (Motion to continue)

Minutes:

At 8:23pm, during the discussion of Item 15 – Gypsy and Traveller Temporary Site Provision in the District.

 

It was moved by Councillor Steve Flitter, seconded by Councillor Susan Hobson and

 

RESOLVED

 

That, in accordance with Rule of Procedure 13, the meeting continue to allow for the consideration of further Council business.

 

Voting:

 

26 For

03 Against

00 Abstention

 

The Chairman declared the motion CARRIED.

222/22

Gypsy and Traveller Temporary Site Provision in the District pdf icon PDF 274 KB

Report of the Gypsy and Traveller Site Provision Working Group.

Minutes:

Councillor Susan Hobson, Chair of the Gypsy and Traveller Site Provision Working Group introduced the report, reiterating that the District Council acknowledges its duty as the Housing Authority to provide accommodation to those specific Traveller families with an accepted local connection to the Derbyshire Dales. The report detailed the work and conclusions reached by the Members of the Working Group but should be viewed as a stepping stone that moves the Council forward in identifying potential temporary sites.

 

Whilst two sites had been recommended for designation as temporary sites, only one was noted as suitable for all-year round designation as a temporary site. No sites in the Council’s ownership had been identified in the south of the District, although there were other options in the southern and central areas of the Derbyshire Dales which were not in the District Council’s ownership that may be feasible and require further investigation and evaluation by the Working Group with the assistance of independent consultants.

 

The recommendations were endorsed for submission to Council by 9 Members of the Working Group (Councillors Jacqueline Allison and Steve Flitter were not present at the meeting where these proposals were agreed and did not indicate their consent).

 

The recommendations as set out in the report were moved by Councillor Tony Morley and seconded by Councillor Mike Ratcliffe.

 

During debate, an amendment to recommendation 1 was proposed by Councillor Peter O’Brien and seconded by Councillor David Hughes, this was detailed as follows:

 

“That the Council formally endorse and support the Urgent Decision taken by the Director of Corporate and Customer Services, on the recommendation of the Working Group and with the consent of the Chairman of the Council and the Leader of the Council, to designate the land at Matlock Bath Station Yard Car Park as a temporary site for use by a specific Traveller family until 31 January 2023 or until a suitable temporary or permanent site be identified”

 

In accordance with Rule of procedure 19d, a recorded vote was requested by

Councillor Steve Wain and seconded by Councillor Paul Cruise. The amendment was put to the vote and the vote recorded as follows:

 

Voting:

 

For - 9 Councillors: Jacqueline Allison, Neil Buttle, Paul Cruise, Clare Gamble, David
Hughes, Peter O’Brien, Mike Ratcliffe, Peter Slack and Steve Wain.

 

Against - 18 Councillors: Jason Atkin, Martin Burfoot, David Chapman, Tom Donnelly, Graham Elliott, Helen Froggatt, Chris Furness, Alyson Hill, Susan Hobson, Stuart Lees, Tony Morley, Michele Morley, Dermot Murphy, Janet Rose, Andrew Shirley, Andrew Statham, Alasdair Sutton and Mark Wakeman.

 

Abstention - 1 Councillor: Steve Flitter

 

The Chairman declared the amendment Lost.

 

In accordance with Rule of procedure 19d, a recorded vote was requested by Councillor Jason Atkin, seconded by Councillor Dermot Murphy. The substantive motion amendment was put to the vote and the votes recorded as follows:

 

Voting:

 

For - 16 Councillors: Jason Atkin, David Chapman, Tom Donnelly, Graham Elliott, Helen Froggatt, Alyson Hill, Susan Hobson, Stuart Lees, Tony Morley, Michele Morley,  ...  view the full minutes text for item 222/22

223/22

East Midlands Devolution Deal and Mayoral Combined County Authority pdf icon PDF 159 KB

The report updates members of the details contained within the East Midlands Devolution Deal along with the progress so far and next steps. The report also seeks Council agreement to participate in discussions related to the implementation of the deal.

Additional documents:

Minutes:

At 8:58pm Councillor Michele Morley left the meeting, returning at 8:59pm prior to completion of the consideration of this item.

The Chief Executive introduced a report updating Members of the details contained within the East Midlands Devolution Deal along with the progress so far and the next steps. The report also sought Council agreement to participate in discussions related to the implementation of the deal.

Members were informed that in February 2022, the Government published its White Paper on Levelling up, a significant set of proposals which look to address geographical disparities in funding, productivity and growth across England.

As part of the Levelling Up White Paper, the Government announced that Derbyshire and Derby City were one of only nine areas invited to agree new county deals, extending devolution across England.

Securing a devolution deal has been a long-standing ambition for leaders in Derbyshire, Derby, Nottinghamshire and Nottingham, in order to address the lasting impact caused through decades of underfunding (when compared to other areas). The four upper tier councils therefore agreed to cooperate at pace on the creation of a new devolution deal that would cover the D2N2 LEP area by establishing a Mayoral Combined County Authority.

It was moved by Councillor Peter O’Brien and seconded by Councillor Clare Gamble that recommendations 1,3 and 4 be agreed with the omission of recommendation 2. The motion was put to the vote as follows

1.    Council formally acknowledges the content of the East Midlands Devolution Deal signed by the four upper tier authorities on 30th August 2022.

 

3.    Council delegates authority to the Leader of the Council and the Chief Executive, to continue to represent the interests of the District Council in ongoing discussions with the upper tier authorities and other Derbyshire districts/boroughs.

 

4.    Where formal decisions are required to be made on behalf of the District Council, future reports be presented to Members for consideration.

Voting

 

11 For

14 Against

00 Abstention

 

The Chairman declared the motion Lost.

It was then moved by Councillor Jason Atkin, seconded by Councillor Tony Morley and

RESOLVED

1.    That the Council formally acknowledges the content of the East Midlands Devolution Deal signed by the four upper tier authorities on 30th August 2022.

 

2.    That the Council endorses in principle support for the East Midlands Devolution Deal.

 

3.    That the Council delegates authority to the Leader of the Council and the Chief Executive, to continue to represent the interests of the District Council in ongoing discussions with the upper tier authorities and other Derbyshire districts/boroughs.

 

4.    That where formal decisions are required to be made on behalf of the District Council, future reports be presented to Members for consideration.

 

Voting

 

16 For

09 Against

00 Abstention

 

The Chairman declared the motion CARRIED.