Agenda and minutes

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.

STATEMENT and QUESTION from Mr Peter Rastall, Derbyshire Dales Resident

“I am disappointed to hear that two years after agreeing to stop using glyphosate, the council are proposing to reintroduce its use. Why on earth would this be the case, when the World Health Organisation says it is very likely to be highly carcinogenic, and linked to lymphoma?

As I'm sure you well know, the simplest way to reduce risk and protect both your workers and public is to simply not use this. Surely an alternative (which presumably has been in use for two years now) is the better option?”

RESPONSE:

We appreciate the concerns around the use of glyphosate and we are trying to balance this against this other factor such as, complaints and service requests received and the resources available to provide hand removal. Therefore, we are proposing to reintroduce its use in a significantly reduced and limited manner. The use will solely be considered for closed churchyards and access roads to cemeteries and leisure centres. All other areas will continue to be managed with a weed ripper and hand weeding. This was decided in 2020 following a review of possible alternatives.

Please note the point in the report that we will continue to work towards finding a suitable replacement for glyphosate.

STATEMENT and QUESTION from Ms Hillary Hart, Derbyshire Dales Resident

“The scientific proof of the damage that Glyphosate does to biodiversity, the environment and its contribution to global warming is irrefutable. Would the Council please explain to me and the voting electorate what possible justification there is for reintroducing its further use in the Derbyshire Dales?”

RESPONSE:

We appreciate the concerns around the use of glyphosate and we are trying to balance this against this other factor such as, complaints and service requests received and the resources available to provide hand removal. Therefore, we are proposing to reintroduce its use in a significantly reduced and limited manner. The use will solely be considered for closed churchyards and access roads to cemeteries and leisure centres. All other areas will continue to be managed with a weed ripper and hand weeding. This was decided in 2020 following a review of possible alternatives.

Please note the point in the report that we will continue to work towards finding a suitable replacement for glyphosate.

STATEMENT and QUESTION from Mr Bill Sellicks, Cressbrook Local Resident

“My wife and I never expected to be second home owners. My dockworker father-in-law received compensation for a life-changing industrial accident in 1977, which he used to buy a modest property in Hitchin, Hertfordshire. He died before he could enjoy it. After my mother-in-law died, the sale of that house provided the deposit to buy our one-bedroom flat in Cressbrook Mill in 2006. We were only just able to afford it with a mortgage for 50% of the cost. The flat was never intended as an investment – apart from ourselves, we offer it free of charge to family and friends, occupying the flat for  ...  view the full minutes text for item 336/22

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.

Councillor Matt Buckler declared a pecuniary interest in Item 12 – Public Sector Biodiversity Duty.

Announcements of the Civic Chairman.

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

“On Wednesday 22^nd Feb. I was invited to introduce the turner up on the second day of the Royal Ashbourne Shrovetide football match.

The turner up was a well-known Ashbourne man, Mr Mick Mee. Jen accompanied me and following a three course lunch at the leisure centre enjoyed by about 600 guests, we moved on to the Shawcroft Car Park to start the event. The turnout was estimated at well over 4000.

My thanks go to the Shrovetide committee members and in particular Councillor Sue Bull, her daughter Stacey and Councillor Stuart Lees who made sure we were where we were supposed to be at all times.”

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

Non-exempt Minutes to be received:                                                           Date

Licensing and Appeals Sub-Committee                               12 December 2022

Licensing and Appeals Committee                                           17 January 2023

Planning Committee                                                                 24 January 2023

Council                                                                                      26 January 2023

Community and Environment Committee                              09 February 2023

Planning Committee                                                                14 February 2023

Governance and Resources Committee                                16 February 2023

Minute Book to Follow

It was moved by Councillor Andrew Shirley, Seconded by Councillor David Chapman and

RESOLVED

That the non-exempt minutes of the Committees listed in the Minute Book for the period 12^th December 2022 to 16^th February 2023 be received.

Voting

24 For

00 Against

01 Abstention

The Chairman declared the motion CARRIED.

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

Question from Councillor Peter O’Brien to Councillor Susan Hobson, Deputy Leader of the Council:

“Residents of the Derbyshire Dales have voted decisively by 51% to 38% against the proposal for an Elected Mayor (and Combined Authority) for Nottinghamshire and Derbyshire. In the light of this, do you agree that this Council should urgently reconsider its unconditional support for this additional layer of bureaucracy as part of the so-called “devolution deal”?”

Councillor Susan Hobson provided the following response:

Thanks for your question, Councillor O’Brien. You will recall from previous reports here and in briefings provided that the governance arrangements for the proposed Mayoral Combined County Authority are prescribed by central government. Consultation on the governance arrangements does not constitute a referendum, but I am sure that the Constituent Authorities will have due regard to the consultation outcomes. As far as this Council is concerned, we hope to benefit from the economic dividends promised through devolution and that promise is something that I am sure that all Members in this Chamber will want to be realised.

Questions from Councillor Clare Gamble to Councillor Susan Hobson, Deputy Leader of the Council:

“Q1.  Cllr. Garry Purdy has reportedly resigned from the Conservative Party and the Conservative Group rather than face an internal investigation into his conduct over the agreement he and the Chief Executive, Paul Wilson, made with the Heights of Abraham. There can now be little doubt that Cllr. Purdy has accepted that his conduct has fallen below that expected of an elected representative and that he misled the council in answering my questions on 26th January 2023.  The Chief Executive, Paul Wilson, made the same written guarantee to Heights of Abraham, which appears to have been subsequently denied by the council in press releases. In your opinion, does the Chief Executive, Paul Wilson, have any responsibility for the agreement signed with Heights of Abraham, and does he have any responsibility to ensure any press releases on the subject are both accurate and truthful?”

Councillor Susan Hobson provided the following response:

Thanks for your question, Councillor Gamble. To be absolutely clear, no agreement exists between this Council and the Heights of Abraham. The correspondence you refer to confirms the decision taken in October 2022 by officers on the recommendation of the Gypsy and Traveller Site Provision Working Group to designate land at Matlock Bath Station Yard Car Park as a temporary tolerated site for a specific homeless Traveller family. A decision that this Council confirmed by way of resolution on the 24th of November. The Chief Executive has acted entirely within the remit of the Head of Paid Service and enjoys not only my full confidence, but that of all other political group leaders on this Council, as confirmed in a public statement issued yesterday.

“Q2.   As the new leader of the council, in the local press, you have publicly welcomed a "robust and through investigation", by the Conservative Party, into Cllr. Purdy's role in the agreement made with Heights of Abraham,  ...  view the full minutes text for item 340/22

The Levelling up and Regeneration Bill is expected to receive Royal Assent in April 2023. The Bill provides powers for councils to double the Council Tax payable on 2^nd homes. The District Council had been consulting the community and owners of 2^nd homes on the proposal. This report seeks to undertake work to amend the policy concerning long term empty homes to reflect a handful of cases causing difficulty to owners of empty homes currently improving their property.

18:40 – Councillor David Hughes entered the meeting during discussion of this Item.

The Chief Executive introduced a report which sought Member approval to adopt a 100% premium for council tax relating to 2^nd homes with effect from 1^st April 2024.

The report detailed how the Levelling Up and Regeneration Bill would be expected to receive Royal Assent in 2023 and this Bill would provide powers councils to double the Council Tax payable on 2^nd homes. Nationally, rural councils had been campaigning for this power for many years, reflecting the impact of 2^nd homes in national parks, other rural areas and coastal authorities. The report also informed Members of the work being done by the Welsh devolved government to implement a higher premium of up to 300%.

The report detailed the progress of the ongoing consultation process and the results of the consultation up to the date of the publication of the report. The report also sought Member approval to undertake work to amend the policy concerning long term empty homes to reflect a handful of cases causing difficulty to owners of empty homes currently improving their property.

The recommendations as set out in the report were moved by Councillor Susan Hobson and seconded by Councillor Steve Flitter.

During debate, an amendment to include the following additional recommendation was moved by Councillor Peter O’Brien and seconded by Councillor Sue Burfoot:

“That in principle, the income generated through the council tax premium be ring fenced for the provision and development of affordable housing and that further consideration is given, by this Council, as to how and where it is utilised.”

The amendment was then put to the vote as follows:

11 For

12 Against

02 Abstention

The Chairman declared the amendment LOST.

The substantive motion was then put to the vote and it was

RESOLVED

1.    That, subject to the Levelling Up and Regeneration Bill becoming an Act of Parliament and the consideration of any additional representations received up to the close of consultation on 22^nd March at a future Council meeting, the adoption of a 100% premium for Council Tax relating to second homes with effect from 1^st April 2024, be approved.

2.    That, subject to the adoption of the policy position in recommendation 1 above, authority be delegated to the Director of Housing and the Director of Resources to implement the adoption of a 100% premium for Council Tax relating to second homes with effect from 1^st April 2024.

3.    That further work takes place to consider the introduction of discretionary discounts to the 100% second homes premium, with a report to follow in July 2023.

4.    That, subject to the adoption of the second homes premium policy position, negotiations take place with Derbyshire County Council concerning the use of the additional income generated.

5.    That further work continues to develop discretionary discounts concerning empty homes where owners are undertaking works to bring properties back in to use.

Voting:

22        For

01  ...  view the full minutes text for item 341/22

The report outlines the work to date on the review of Council’s Clean & Green service.  This includes the review of the service by the Association of Public Service Excellence (APSE) and the involvement of staff, management and unions in that review.

The Director of Community and Environmental Services introduced a report outlining the work to date on the review of the Council’s Clean and Green service. This included the review of the service by the Association of Public Service Excellence (APSE) and the involvement of staff, management and unions in that review.

It was noted in the introduction of the report that there had been several requests to defer consideration to the July meeting, for the new Council to consider. However, with approval of the Political Group Leaders, it had been agreed that the time sensitive recommendations should be put forward to this meeting, these were recommendations 1, 3 and 6 as set out in the report. It was proposed that all other recommendations be deferred to the next meeting of Council in July.

It was noted that on 26^th November 2020 the Council approved a review of the Clean and Green service, including the outlined scope and formation of Project Team and an Elected Member Sub-Group. In addition to this, the Council approved the use of external consultants to bring wider industry knowledge to the review and help with benchmarking the performance of the service.

It was moved by Councillor Chris Furness, Seconded by Councillor Stuart Lees and

RESOLVED (Unanimously)

1.    That a supplementary revenue budget of £15,053 be approved for 2023/24, financed from the general reserve, and that the Medium Term Financial Plan be updated to reflect the subsequent ongoing costs to increase the staff revenue budget in respect of the proposed change in the management structure, allowing for the creation of an Operations Manager role and increasing the number of Team Leaders from two to four.

3.    That the new structure of the service, as set out in Appendix A and initiation of formal discussions with staff be approved, in line with the Council’s Change Management Policy.

6.    That it be agreed to increase the level of biodiversity across the district by signing up to Derbyshire County Council’s ‘Pathfinders’ pilot scheme.

The Chairman declared the motion CARRIED.

The purpose of this report is to submit the proposed Calendar of Meetings for Council and Committee Meetings in the 2023/24 municipal year.

The Director of Corporate and Customer Services introduced a report submitting the proposed Calendar of Meetings for Council and Committee Meetings in the 2023/24 municipal year.

Members were informed that the procedure rules within the Council’s constitution required that the calendar of meetings be approved annually by the Council.

It was noted that it was good practice to set meeting dates in advance for the forthcoming year. This approach would enable the Council to have robust governance arrangements in place to facilitate informed decision-making.

It was moved by Councillor Susan Hobson, seconded by Councillor Colin Swindell and

RESOLVED (unanimously)

That the Calendar of Meetings for the 2023/24 municipal year be approved.

The Chairman declared the motion CARRIED.

To consider the recommendation of the Governance and Resources Committee to accept a grant offer from the Public Sector Decarbonisation Scheme (PSDS) phase 3b of £1.9m in order to decarbonise the Arc Matlock and Wirksworth Leisure Centre.

The Director of Corporate and Customer Services introduced a report which sought to gain agreement for the acceptance of a grant offer from the Public Sector Decarbonisation Scheme (PSDS) phase 3b of £1.9m in order to decarbonise the Arc Matlock and Wirksworth Leisure Centre.

Members were informed that the PSDS provided grants for public sector bodies to fund heat decarbonisation and energy efficiency measures, putting the public sector at the forefront of decarbonising buildings in the UK and in a leadership role to create exemplar projects in their communities that pave the way to help the UK meet its Carbon Budgets and Net Zero commitments. Most of the buildings in the public sector still rely on fossil fuel-based heating and, as these heating system approach the end of their working lives, it was an ideal opportunity to transition those systems to low carbon heating.

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

RESOLVED (Unanimously)

1.    That the recommendation of the Governance and Resources Committee of 8^th March 2023 to accept the grant offer, as set out in this report, be approved.

2.    That the recommendation of the Governance and Resources Committee of 8^th March 2023 be approved for the addition of £2,189,500 to the Capital Programme for 2024/25 for ‘PSDS3b Decarbonisation at Arc Leisure Centre Matlock and Wirksworth Leisure Centre’, to be financed by a grant of £1,925,000 and a ‘like for like’ contribution of £264,000, the latter being financed from the capital receipts reserve.

3.    That authority be delegated to the Director of Community and Environmental Services, the Director of Resources and the Chief Executive to utilise Leisure Centre support funding, should it become available.

The Chairman declared the motion CARRIED.

At 20:27, it was moved by Councillor Peter Slack, seconded by Councillor Colin Swindell and

RESOLVED (Unanimously)

That in accordance with Rule of Procedure 13, the meeting continue to enable the business on the agenda to be concluded.

The Chairman declared the motion CARRIED.

This report advises Members about the Biodiversity Duty, and sets out activities which the District Council has, and is currently undertaking that contributes to meeting the new requirement. It also recommends that a plan be prepared which sets out further actions the District Council should undertake to meet the requirements of the newly enhanced biodiversity duty, and in particular those relating to Biodiversity Net Gain.

20:15 - Councillor Matt Buckler left the meeting due to previously declaring an interest in this Item.

The Director of Regeneration and Policy introduced a report advising Members about the Public Sector Biodiversity Duty, and setting out activities which the District Council has, and was currently undertaking that contributed to meeting the new requirement. It was recommended that a plan be prepared which set out further actions the Council should undertake to meet the requirements of the newly enhanced biodiversity duty, and in particular those relating to Biodiversity Net Gain.

It was noted that the Natural Environment and Rural Communities Act 2006, (NERC Act 2006) which came into force on 30^th March 2006 introduced in Section 40 a duty on public authorities to conserve biodiversity defined as in relation to a living organism or type of habitat, restoring or enhancing a population or habitat.

Following the introduction of this duty the County Council’s Biodiversity Officer undertook an audit of the District Council’s services in relation to this duty, which was completed in December 2008. It was concluded that “Derbyshire Dales District Council takes biodiversity into consideration within the majority of its services”. A copy of the audit was attached at Appendix 1 of the report.

It was noted that since then, the District Council had:

-       Continued to operate its Ranger Service, whose function is to manage High Tor, Pic Tor and Lovers’ Walk for the purpose of preserving and where appropriate enhancing these sites as designated LNR.

-       Continued to operate an SLA with the Derbyshire Wildlife Trust which provides advice on planning applications and works with landowners of sites on the LWS register to improve biodiversity. The Trust also reviews sites to determine the extent to which sites are appropriate for inclusion on the LWS Register. We are likely to enhance the SLA to cover additional Biodiversity Net Gain duties from this year (see below).

-       Updated and adopted the Local Plan in 2017 with a suite of new policies including a set covering Biodiversity.

-       Instigated the Biodiversity Verge project.

-       Continued to have the Clean and Green Team manage District Council-owned sites on behalf of the District Council.

It was moved by Councillor Stuart Lees, seconded by Councillor Peter Slack and

RESOLVED (Unanimously)

1.    That the additional requirements in relation to the new Biodiversity Duty, as set out in section 3 of the report, be noted.

2.    That past and current activities in relation to biodiversity, as set out in sections 1 and 2 of the report, be noted.

3.    That the initial assessment of biodiversity activity set out in the appendix be noted.

4.    That a further update be presented to Members by no later than 30^th November 2023 that sets out what further actions have been and will be implemented in respect of the Biodiversity Duty.

The Chairman declared the motion CARRIED.