BOROUGH OF POOLE – Council – Tuesday 24 April 2012 DRAFT
BOROUGH OF POOLE
COUNCIL
TUESDAY 24 APRIL 2012
The Meeting commenced at 7pm and concluded 10.50pm.
Present:
Councillor Wilson (Mayor)
Councillor Burden (Deputy Mayor)
Councillor Mrs Evans (Sheriff)
Councillors Adams, Ms Atkinson, Brooke, Brown, Mrs Butt, Miss Carpenter, Chandler, Clements, Mrs Clements, Mrs Cox, Eades, Godfrey, Goodall, Mrs Haines, Mrs Hodges, Howell, Mrs Le Poidevin, Maiden, Mrs Moore, Parker, Mrs Parkinson, Pawlowski, Potter, Rampton, Mrs Rampton, Mrs Slade, Sorton, Mrs Stribley, Trent, Mrs Walton, White, Wilkins, Mrs C Wilson, Miss Wilson and Woodcock
Members of Standards Committee in attendance:
None
Also in attendance:
None
Members of the public in attendance: 6 approximately
1 / PRAYERSPrayers were said.
2 / OBITUARY OF THE LATE SARGEANT LUKE TAYLOR
The Mayor informed Council that it had been his privilege, on behalf of the Council, to attend the funeral of Sergeant Luke Taylor at Christchurch Abbey. Sergeant Taylor had been killed whilst serving in Afghanistan. He was a member of the Royal Marines Special Boat Squadron and had been based at the Poole Camp for over 10 years. He was a local man and was survived by a wife and a young son. As The Royal Marines were Freeman of the Borough of Poole the Mayor explained that he had felt a special connection with the Force at the Military Funeral and was pleased to be able to honour, on behalf of the Council, the late Sergeant Taylor.
The Mayor then invited the Leader of The Council, the Leader of The Poole People Party and Councillor Brown, a personal friend of the Taylor family to pay tribute:
COUNCILLOR MS ATKINSON, LEADER OF THE COUNCIL
Councillor Ms Atkinson, on behalf of the Council, expressed the Council’s support for all those serving in the Armed Forces and, in particular, to Sergeant Taylor who had made the ultimate sacrifice. She referred to the long history of The Royal Marines in Poole and gave her thanks to all the Armed Forces personnel for all they did on behalf of the people of Poole.
COUNCILLOR HOWELL, LEADER OF THE POOLE PEOPLE PARTY
Councillor Howell commented on the extremely important job The Royal Marines were undertaking and the important part the Force played in the community as a shining example to the local community.
COUNCILLOR BROWN
Councillor Brown explained that he had known Sergeant Taylor’s mother and the family for over 15 years meeting her when he became a foster carer for the Borough of Poole as Luke’s mother was also a Poole foster carer and the whole family had close links to the town. Luke’s brother had served in the Rifles and now worked with people with disabilities in Poole.
Sergeant Taylor had died at the age of 33 leaving his wife Nikki and young son of 3 years Roan. Councillor Brown then explained that at Sergeant Taylor’s Funeral he had met a former foster child of Luke’s mother who had explained to him what an excellent example Luke had been to him whilst he was in the care of the family, a fitting tribute both to Luke and his Mother.
Councillor Brown then explained that, as a keen sportsman with many interests, Sergeant Taylor had ploughed more into his 33 years of life than most would achieve in a lifetime. He asked the Council to keep the Taylor family in its thoughts and prayers as the loss of Luke would be felt and affect them for many years to come.
THE LATE MR FRED DAVIES
The Mayor informed The Council of the recent death of The Borough of Poole’s first statutory Director of Social Services, Mr Fred Davies. The Mayor paid tribute to the work undertaken by Mr Davies from his appointment in 1996 the shadow year prior to Poole becoming a unitary authority in 1997, until he retired in 2004. The Mayor had worked closely with Mr Davies as a Member of the Borough’s Social Services Committee. The Mayor thanked the Chief Executive, the Strategic Director’s and employees and colleagues who had made the trip to Gloucester to attend Fred’s funeral on the 23rd April 2012, as he had been unable to attend due to a prior commitment. The Chief Executive had passed on the condolences of the Council to Fred’s widow, Janice.
COUNCILLOR MS ATKINSON, LEADER OF THE COUNCIL
The Mayor invited Councillor Ms Atkinson to address the Council in paying tribute to Fred. Councillor Ms Atkinson explained that she had been on the Selection Panel for Fred’s appointment stating that he had given a very successful interview and had been called back later that day by the Panel when he appeared wearing sailing gear, as he had not expected to be recalled. Councillor Ms Atkinson described Fred as dapper, astute, able to manage Councillors, encourage and train them in Social Services managing their aspirations and helping to recruit the first 3 Service Unit Heads of Social Services in the Unitary Authority Jan Thurgood, Charlie Sheldrick and Eugene Gatwick all of whom had been extremely successful appointments. Fred had also helped the Authority grapple with its responsibility for health following changes in legislation giving the Authority such responsibilities and felt it was a testament with the work undertaken by Fred that the Council’s current relationship with the Health Authority, Health professionals and its Health and Social Care Services were had to stand the test of time and were fit for purpose. Her memories of Fred would be of his sense of humour, his unfailing courtesy and charm and the respect with which he treated everyone with whom he came into contact.
COUNCILLOR BRIAN CLEMENTS
Councillor Clements explained that he had been Leader of the Council when Fred had been appointed and he endorsed all of the tributes paid to Fred by Councillor Ms Atkinson. He felt Fred had been an excellent appointment and that he had taught the Council how to manage within the difficult field of Social Services given its increasing elderly population and the budgetary challenges. He also felt that one of the strengths of the Council’s Officer Structure was that the Chief Executive and his Management Team were not only confined to their particular professional areas, or in Fred’s case his statutory area, but worked strategically across Service Units and shared a vision.
The Mayor invited Members to reflect on both of these sad losses. All present stood in silent tribute.
3 / APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors Mrs Dion, Matthews, Meachin and Rollo-Smith.
4 / MINUTES
RESOLVED that the Minutes of the last Meeting of the Council held on the 23rd February 2012 having being previously circulated be taken as read confirmed and signed by the Mayor as a correct record.
Note: At the request of the Leader of The Liberal Democrat Group, Council confirmed that the full text of the Budget Speech given by The Liberal Democrat Spokesperson Councillor Brown, at the last Meeting of the Council would be included in the Minutes of the 23rd February 2012.
5 / DECLARATIONS OF INTEREST
Councillor Adams declared a personal interest in various items on the Agenda as his daughter was an employee of Adult Social Services and his other daughter was in receipt of disability benefit.
Councillors Rampton and Mrs Slade declared personal interests in Agenda Item 18 “Sites To Meet The Commitment Of 100 Affordable Homes On Council Owned Land” as trustees of a charity based at Lagland Street, one of the sites identified in the report.
Councillors Trent and Wilson declared personal interests in Agenda Item 12 “Budget Transfers Requiring Council Approval: Ashdown Technology College BSF Scheme and Photovoltaic Scheme” as tenants of Poole Housing Partnership Ltd and benefiting from the Capital Scheme.
Councillor Chandler declared a personal interest in Agenda Item 14 “Petition Regarding Turner’s Nursery” as he had a relative who lived very close to Turner’s Nursery Site.
Councillor Brooke declared a personal interest in relevant matters on the Agenda as his wife was a Member of Parliament for the Mid Dorset and North Poole Constituency.
6 / MAYOR'S COMMUNICATIONS
The Mayor referred the Council to his Communications tabled that evening, which detailed some of the engagements he and the Civic Party had undertaken since the last Meeting of The Council.
(i) COMMUNITY WEEKEND
The Mayor drew Council’s attention in particular to the very successful Community Weekend when he had led residents of the town, for the first time, over the newly built “Twin Sails” Bridge. This Event had raised over £9,000 for local Poole charities and had enabled the community to celebrate the completion of its new bridge.
(ii) 9TH MARCH 2012: CELEBRATING THE “TWIN SAILS” BRIDGE
On the 9th March 2012 the Bournemouth Symphony Orchestra, Choir School Children invited guests and members of the Community had joined with the Mayor in a celebration of the “Twin Sails” Bridge.
(iii) OFFICIAL OPENING “TWIN SAILS” BRIDGE
On the 12th March 2012 The Mayor had been honoured to meet the Princess Royal who officially opened the town’s second harbour crossing the iconic structure that was the “Twin Sails” Bridge.
(iv) PRESENTATION TO MR JIM BRIGHT (STRATEGIC DIRECTOR)
The Mayor, on behalf of the Council, presented Mr Jim Bright the Strategic Director who had overseen The Twin Sails Bridge Project with a Poole Pottery plate depicting the “Twin Sails” Bridge. The Mayor congratulated Mr Bright for the hard work he had undertaken to ensure the success of the bridge.
Mr Bright responded thanking the Mayor and Council and reminding Members that it had been very much a team effort with a number of Officers involved in this successful project.
(v) COUNCILLOR MRS STRIBLEY
The Mayor informed Council that Councillor Mrs Stribley had celebrated 35 years as an elected representative for Parkstone Ward on the 21st April 2012. Council joined in congratulating Councillor Mrs Stribley.
(vi) COUNCILLOR SORTON
Councillor Mrs Stribley informed the Council that Councillor Sorton had completed 42 years as an elected representative but not continuously as the electorate had afforded him a short break!
Council joined in congratulating Councillor Sorton on his achievement.
7 / PRESENTATION OF PETITIONS
(i) FROM MEMBERS OF THE PUBLIC
None had been received.
(ii) FROM MEMBERS
Councillor Sorton presented a petition on behalf of The Sandbanks Association seeking a ban on the display of Estate Agent Boards in the areas covered by The Association ie: The Peninsula and the Isthmus upto the junction of Banks and Shore Roads.
RESOLVED that the Petition be referred to the Overview and Scrutiny Board for onward transmission.
8 / QUESTIONS FROM MEMBERS OF THE PUBLIC
No questions were received.
9 / COUNCIL ENFORCEMENT POLICY: REPORT OF THE CHAIRMAN OF THE COUNCIL EFFICIENCY AND EFFECTIVENESS OVERVIEW AND SCRUTINY COMMITTEE
The Chairman moved the recommendation, which was duly seconded.
The Chairman of the Efficiency and Effectiveness Overview and Scrutiny Committee advised Council that his Committee had considered the Enforcement Policy at his meeting on the 2nd February 2012 and noted that it was an “umbrella policy” that was intended to be applied to all service areas. The Head of Legal and Democratic Services had advised that various additional service specific requirements applied to enforcement activities depending on each service area, for example, Licensing and Planning and a number of units had their own specific policies. Any prosecutions were directed through the Council’s Legal and Democratic Services Unit and were subject to the “public interest” test as to whether or not action was taken.
The Overview And Scrutiny Committee had unanimously recommended the Policy to Council for approval and the Chairman sought Council’s approval for the adoption of the revised Council Enforcement Policy.
A Member moved an Amendment to the recommendation in the following terms:
Page 4 under the heading “Guiding Principles”
Delete “flagrant disregard to policy which has an impact on the community as a whole“and insert ”repeated failure to comply with a Council decision”.
A number of Members spoke in support of the Amendment.
A Member queried whether it referred to Council Officer or Council Policy and sought clarification. A Member also queried whether “flagrant disregard” may mean that prosecution could not be taken on one occasion and queried whether there maybe disadvantages to amending the Policy in this way.
The Head of Legal and Democratic Services was invited to address the Council and advised that “one occasion” was in fact covered by the first part of the sentence in that part of the bullet point.
The Proposer of the Amendment explained that “Council decision” referred to all matters, upon which the Council had powers to enforce.
The Head of Legal and Democratic Services advised that Policy was created by Council decision and had no issue with the revised wording suggested by the Amendment.
On being put to the vote the Amendment was CARRIED. Council then voted on the substantive Motion.
It was Moved, Seconded and
RESOLVED that Council approve and adopt the revised Council Enforcement Policy, as amended.
10 / ADOPTION OF THE SITE SPECIFIC ALLOCATIONS AND DEVELOPMENT MANAGEMENT POLICIES DEVELOPMENT PLAN DOCUMENT
The Portfolio Holder moved the recommendations which were seconded.
Councillor White explained the route that had been taken by the Documentation explaining that the Sites Of Specific Allocations And Development Management Policies Development Plan Document formed part of a set of documents comprising the initial Local Plan for Poole. It had been the subject of wide spread consultation and the decision to submit the Site Of Specific Allocations and Development Management Policies to the Secretary of State and had been endorsed by Council at its Meeting on the 18th July 2011.
At this July Meeting Council sought clarification of interpretation of the Document with particular regard to Policy SSA8 (ref page 45 para 3) in support of affordable housing which stated “that the non provision of affordable housing on the grounds of lack of viability will not be sufficient in itself to justify departure from providing affordable housing”.
As a result of consultation responses received to the pre-submission Development Plan Document Economy Overview and Scrutiny Committee had received advice from Officers that the approach with regard to affordable housing in the Regeneration Area was contrary to the Council’s own initial Core Strategy and National Planning Policy and should Council not accept the proposed change then the issue was likely to be a significant discussion point at the examination in public into the Document. Council endorsed the Economy Overview and Scrutiny Committee’s recommendation to retain the original wording in respect of affordable housing and the Document remained unchanged.
At the Examination in Public the Inspector had found the Development Plan Document “sound” subject to a number of modifications contained in the Inspector’s report. With exception with the affordable housing in the Regeneration Area, the Inspector had concurred with the Council’s approach and Policies proposed within the Development Plan Document.
Council was disappointed with the Inspector’s conclusion on the affordable housing issue and reluctantly accepted the recommendation’s of the Inspector.
It was Moved, Seconded and
RESOLVED that Council approves the adoption of:
(i) Poole Site Specific Allocations and Development Management Policies Development Plan Document (DPD) and
(ii) the Proposals Map as amended by the Plan in (i) above.
11 / ADOPTION OF POOLE'S INFRASTRUCTURE DEVELOPMENT PLAN DOCUMENT
The Portfolio Holder, Councillor White proposed the recommendations which were seconded.
Councillor White was seeking Council’s agreement to the adoption in delivering Poole’s Infrastructure Development Plan Document (DPD) following it’s Examination In Public on the 17th November 2011 and subject in receipt of the final Inspector’s Report into its “soundness” of the 30th January 2012.
Councillor White explained that this Document and its supporting infrastructure delivery plan provided the platform for which the Council was to introduce the Community Infrastructure Levy (CIL) which once adopted, would replace the Council’s existing guidelines and tariffs for Planning Obligations.
It was Moved, Seconded and
RESOLVED that Council approve the adoption of:
(i) Delivering Poole’s Infrastructure Development Plan Document (DPD) and
(ii) the Proposals Map as amended by the Plan in (i) above.
12 / BUDGET TRANSFERS (VIREMENTS) REQUIRING COUNCIL APPROVAL: ASHDOWN TECHNOLOGY COLLEGE BSF SCHEME AND PHOTOVOLTAIC SCHEME: REPORT OF THE PORTFOLIO HOLDER FOR CAPITAL PROJECTS
The Portfolio Holder, Councillor White, moved the recommendations which were seconded.
Cabinet at its Meeting on the 10th April 2012 had unanimously approved virements for recommendation for Council relating to Ashdown Technology College – BSF Scheme in the sum of £690,000 and in order to utilise remaining resources to increase a number of properties taking advantage of the Photovoltaic Scheme within the 2012/2013 financial year.