Meeting Details

Meeting Summary
Full Council
19 Oct 2022 - 18:00 to 20:00
Occurred
The Old Library
Add to my Calendar
  • Documents
  • Attendance
  • Visitors
  • Declarations of Interests

Documents

Agenda

Part A
Live Broadcast

Please follow this link to watch the meeting live on YouTube:

 

(107) ColchesterCBC - YouTube

1 Welcome and Announcements (Council)

The Mayor will welcome members of the public and Councillors and will ask the Chaplain to say a prayer. The Mayor will explain the procedures to be followed at the meeting including a reminder everyone to use microphones at all times when they are speaking.

 

2 Have Your Say!

Members of the public may make representations to the meeting.  This can be made either in person at the meeting or by joining the meeting remotely and addressing the Council via Zoom. Each representation may be no longer than three minutes.  Members of the public wishing to address the Council remotely may register their wish to address the meeting by e-mailing democratic.services@colchester.gov.uk by 12.00 noon on the working day before the meeting date.  In addition a written copy of the representation will need to be supplied for use in the event of unforeseen technical difficulties preventing participation at the meeting itself.



There is no requirement to pre register for those attending the meeting in person.

 

550

Sir Bob Russell addressed Council pursuant to the provisions of Council Procedure Rule 6(1) to ask the Leader of the Council what plans the Council had for a permanent structure to commemorate City Status.

Councillor King, Leader of the Council and Portfolio Holder for Strategy, responded and explained that the Council was exploring this. The Council wanted to have commemorate City Status appropriately.  It would discuss this issue with Sir Bob and others.

Nick Chilvers addressed Council pursuant to the provisions of Council Procedure Rule 6(1) to ask Council to request that the Portfolio Holder for Infrastructure press borough and county planners for a better bus station as part of the forthcoming Masterplan.  This was a matter that impacted on the whole borough. There were frequent complaints about the present arrangements in local media. This was a more important issue that the provision of cargo bikes, which had been promoted in the publicity around the Masterplan.  There was some concern that planners were resistant to an improved bus station as it would stymie the development plan. There needed to be an improved facility with decent waiting facilities, and facilities for drivers.  Unless the borough championed this, Essex County would provide the bare minimum. Bus users needed to be assured that this was on the agenda for any major planning discussions and that the Council was lobbying Essex County Council on the matter.  Mos Councillors had been silent on the issue and residents needed to know whether at some point in the future they could expect a better facility.  This should have been made clear in the press release on the Masterplan.

Councillor King, Leader of the Council and Portfolio Holder for Strategy, indicated that the Council had received over 1800 responses to the Masterplan and the Council was taking the issue seriously.  The issue needed to be looked at in a wider context that took account of what could be done and when, and that looked at the qualities and requirements of Colchester as a city. The Council was aware of concerns on this issue. 

Roger Mannion addressed Council pursuant to the provisions of Council Procedure Rule 6(1) about Tiptree and to express his concern that he believed that rural areas in general, and Tiptree in particular, were poorly supported by the Council. There was little in the Future of Colchester or the Masterplan to give comfort to the rural areas, and City Status would also be of little benefit and was of limited relevance to Tiptree.  Resources in the village were poor, as were transport links, Until recently, the sports facilities had also been poorly run.  Medical facilities were not keeping pace with population growth.  Whilst it was appreciated that some of these issues were beyond the Council’s remit, support from the Council to help the Parish Council fight its corner would be welcomed.  The next Council meeting should include an item to allow a debate on the impact of Colchester centric planning on the remoter rural areas and what could be done to improve this.

Councillor King, Leader of the Council and Portfolio Holder for Strategy, explained that a number of these issues were the responsibility of Essex County Council. The Council used its influence with the County on these issues. It was appreciated that there was a risk and a past pattern in focusing on the town centre but in the work going forward he would be looking to collaborate with all partners.  This might mean a different relationship with town and parish councils with the Council playing a more enabling role. A rural prosperity grant scheme was being established by government, which provide opportunities for funding for rural areas. This would be administered locally by the Council and he would listen to views of members across the Council as to how this could best be utilised.

The Mayor explained that it was not for the Leader of the Council to set the agenda for Council meetings but Councillor Mannion could submit a motion to the next meeting of Council.

 

 
3 Declarations of Interest
Councillors will be asked to say if there are any items on the agenda about which they have a disclosable pecuniary interest which would prevent them from participating in any discussion of the item or participating in any vote upon the item, or any other pecuniary interest or non-pecuniary interest.
4 Minutes of the Previous Meeting (Council)

A... Motion that the minutes of the meetings held on 23 June 2022, 4 July 2022 and 13 July 2022 be confirmed as a correct record.

 

551

RESOLVED that the minutes of the meetings held on 23 June 2022, 4 July 2022 and 13 July 2022 be confirmed as a correct record.

 

pdf Council minutes 230622 (165Kb)
pdf Council minutes 040722 (160Kb)
pdf Council minutes 130722 (205Kb)
5 Mayor's Announcements

The Mayor to make announcements.

 

552

The Mayor welcomed Councillor Sara Naylor to Council and announced the following events:-

• The Oyster Feast on 28 October 2022.
• The Council meeting for the award of City Status on 23 November 2022, including a procession from the Mercury Theatre.
• The Mayor’s Charity Quiz on 25 November 2022 at Greenstead Community Centre.
• Ghost Stdories in the Civic Suite on 6 December 2022.
• A reading of “A Christmas Carol” by Anthony Roberts in the Civic Suite on 13 December 2022.

 

 
6 Items (if any) referred under the Call-in Procedure (Council)

The Council will consider any items referred by the Scrutiny Panel under the Call-in Procedure because they are considered to be contrary to the policy framework of the Council or contrary to, or not wholly in accordance with, the budget.  At the time of the publication of the Council Summons there were none.

 

7 Recommendations of the Cabinet, Panels and Committees
Council will consider the following recommendations:-
7(i) 2021/22 Year End Review of Risk Management

B... Motion that the recommendation contained in draft minute 684 of the Cabinet meeting of 7 September 2022 be approved and adopted.

 

 

553

RESOLVED (UNANIMOUS) that the recommendation in draft minute 684 of the Cabinet meeting of 7 September 2022 be approved and adopted.

 

7(ii) Local Government Association Model Code of Conduct

C... Motion that the recommendation contained in minute 320 of the Governance and Audit Committee meeting of 26 July 2022 be approved and adopted.

 

554

RESOLVED (UNANIMOUS) that the recommendation contained in minute 320 of the Governance and Audit Committee meeting of 26 July 2022 be approved and adopted.

 

7(iii) Scrutiny Panel Annual Report

D... Motion that the recommendation contained in minute 360 of the Scrutiny Panel meeting of 5 July 2022 be approved and adopted.

 

555

RESOLVED (UNANIMOUS) that the recommendation contained in minute 360 of the Scrutiny Panel meeting of 5 July 2022 be approved and adopted.

 

7(iv) Statement of Licensing Policy for Sex Establishments

E... Motion that the recommendation contained in minute 157 of the Licensing Committee meeting of 20 July 2022 be approved and adopted.

 

556

RESOLVED (UNANIMOUS) that the recommendation contained in minute 157 of the Licensing Committee meeting of 20 July 2022 be approved and adopted.

 

8 Revised Committee Allocations

Council will consider a report from the Monitoring Officer setting out revised Committee allocations and memberships to reflect the change in the political balance of the Council (to follow).

 

557

RESOLVED (UNANIMOUS) that:-

(a) In accordance with the provisions of the Local Government and Housing Act 1989 the number of seats, group representation and membership of the Governance and Audit Committee, Policy Panel, and Scrutiny Panel (including Crime and Disorder Committee) for the remainder of the current municipal year be on a Group basis and be as set out in the Supplementary Information for this meeting.

(b) In accordance with the provisions of section 17 of the Local Government and Housing Act 1989 the number of seats, group representation and membership of the Licensing Committee, Local Plan Committee, Planning Committee and Environment and Sustainability Panel for the remainder of the current municipal year shall not be on a Group basis and be as set out in the Supplementary Information for this meeting.

 

 
9 Notices of Motion pursuant to the provisions of Council Procedure Rule 11

No motions have been submitted for consideration at this meeting.

10 Questions to Cabinet Members and Chairmen pursuant to Council Procedure Rule 10

Cabinet members and Chairmen will receive and answer pre-notified questions in accordance with Council Procedure Rule 10(1) followed by any oral questions (not submitted in advance) in accordance with Council Procedure Rule 10(3).

(Note: a period of up to 60 minutes is available for pre-notified questions and oral questions by Members of the Council to Cabinet Members and Chairmen (or in their absence Deputy Chairmen)).

 

At the time of the publication of this Summons, no pre-notified questions have been submitted.

 

558

Questioner

Subject

Response

Oral questions

Councillor Willetts

Would the Portfolio Holder for Culture and Heritage publish a lexicography that defined the meaning of the terms to be used in the debate on City Status at the Council meeting on 23 November 2022?

Councillor Cox, Portfolio Holder for Heritage and Culture, indicated the motion that would be debated at the meeting on 23 November 2022 was in respect of changing the name of the Council.

Councillor Scordis

Following the fines issued to Anglia Water for illegal sewage disposals in Cambridgeshire, would a similarly robust approach be taken in Colchester and in particular would issues relating to odour from the sewage works in the Hythe be tackled?

 

Could the reporting of incidents be made easier for residents?

Councillor Goss, Portfolio Holder for Neighbourhoods and Waste explained that there was insufficient evidence for an odour abatement notice and therefore the Council was unable to take enforcement action on this issue. The number of complaints received in 2022 was less than in previous years. Officers continued to liaise with the sewage works. The Environment Agency was responsible for enforcement on discharges into the River Colne. It was vital for residents to continue to report concerns.

 

Improvements had been made to the Northgate system to make it more user friendly and easier for residents to report issues.

Councillor Laws

Would the Leader of the Council share his views about issues arising out of the recent Peer Review?

Councillor King, Leader of the Council and Portfolio Holder for Strategy, explained that the administration had been open about the process and the conclusions of the Peer Review team. It had looked at the effectiveness of the organisation and provided challenge at a particularly testing period. Feedback from senior leaders in the sector was invaluable. The final report would be shared, and a collaborative approach would be taken in responding to the recommendations.

Councillor Pearson

Following the approval of the Code of Conduct earlier in the meeting, did the Leader of the Council agree that the reference to Chairman in the title of this item in the agenda, was contrary to the sentiments on equality in the Code of Conduct, and that gender neutral terminology should be used in all Council matters?

Councillor King, Leader of the Council and Portfolio Holder for Strategy, indicated that he supported the principles of the Code of Conduct. He supported the use of gender neutral terminology but appreciated that there were other views and that members should give each other some latitude on the issue.

Councillor Barber

Following the success of the Digigo scheme in Chelmsford and Braintree, would the Council consider the use of section 106 funds the Rural Prosperity Fund for the development of the scheme in Colchester?

Councillor King, Leader of the Council and Portfolio Holder for Strategy, indicated he would consult the relevant Portfolio Holder and arrange for a written response to be sent.

Councillor Barber

Would the Portfolio Holder for Resources provide an update on the capital programme? Was it likely that any projects would be cancelled this financial year, given the wider financial situation?

Councillor Cory, Portfolio Golder for Resources, explained that this had been in discussed in detail at the Governance and Audit Committee on 18 October 2022. The comparatively low spend to date this year had been explained. Given the scale of the capital programme it was particularly at risk through issues such as workforce and inflation. The issue had also been picked up in the Peer Review. A complete review of the capital programme would be undertaken and the views of all Councillors would be welcomed. It was understood that the programme may need to be scaled down in the current climate. No projects had been stopped at this point.

Councillor G. Oxford

Could the Leader of the Council provide a response to the questions on environmental issues he had e-mailed on 2 September 2022?

 

He would not be attending the Council meeting on 23 November as he was unable to access the Moot Hall. He had been informed that the Council was awaiting a critical component for the lift which would not be received until the new year. He had not been able to use the lift on medical advice since May and this was the first Full Council he had had the opportunity to ask questions of the administration, so he relied on e-mails. He had also been informed that even when the part was fitted there was no guarantee that it would not break down in future.

Councillor King, Leader of the Council and Portfolio Holder for Strategy, apologised and indicated he would arrange for the information requested to be sent.

 

 

Pam Donnelly, Chief Executive, was invited to address issues on access to the Moot Hall and indicated that she had been in private correspondence with Councillor Oxford on the issue, which she was not in a position to disclose. The Council was awaiting a part for the lift. The Council had commissioned a review of the safety of the lift and had received assurances that the lift was safe and accessible. There was a minor problem with accessing lift from the first and second floors. It was not appropriate to go into individual circumstances in this forum. In the meantime, where possible a work around was sought through moving meetings to alternative venues.

Cllr G. Oxford

Did the Cabinet have any plans to redistribute section 106 contributions so that they did not specifically benefit the wards where the development occurred?

Councillor J. Young, Portfolio Holder for Housing and Communities, explained that the Scrutiny Panel would be looking at issues relating to section 106 contributions at its meeting in November.

Cllr Hagon

Could the Portfolio Holder for Neighbourhoods and Waste, investigate whether it was possible for residents in Stanway to be given a choice in how their waste was collected, so that those who were not on wheeled bin routes would have their waste collected from a wheeled bin, if they provided their own bin?

Councillor Goss, Portfolio Holder for Neighbourhoods and Waste, explained that work was underway on a new Waste Strategy. A report on this would be submitted to the Environment and Sustainability Panel shortly. In addition, Essex County Council were looking to increase recycling rates across Essex to 70%. The future of the waste service would be set out in the new Waste Strategy, which should come into effect in mid-2023. It would look at all parts of the waste service and all streams of waste. This would include collection. The non-wheeled bin collection vehicles did have the capacity to be converted into wheeled bin trucks There were 17,000 properties on wheeled bin routes and this was only likely to increase in Mile End.

 

It was not possible to have mixed collection routes for operational health and safety reasons.

Councillor Warnes

Would the Chair of the Scrutiny Panel ask the Panel to include an item on its work programme relating to the maintenance of pavements by Essex County Council in the Town Centre.

Councillor Willetts, Chair of the Scrutiny Panel, indicated that every agenda of the Panel included an item where members of the Panel or vising Councillors could ask the Committee to consider adding any relevant issue to its work programme. It was for the Committee to consider such requests based on the information put forward. The member making the request should prepare a brief note to the Committee clerk setting out the relevant details and the Mayor requested that the note of this question be forwarded to the Panel to consider.

Councillor Naylor

The Peer Review had identified City Status as a significant opportunity to take advantage of. How would it be used to generate prosperity and opportunity, and could an update be provided on the work to achieve City Status?

Councillor Fox, Portfolio Golder for Local Economy and Transformation, explained that that the administration was already considering how to take forward the Peer Review recommendations. City Status was a fantastic opportunity for all of Colchester. A plan was being prepared for the legacy of City Status and he wanted to work with Councillors cross party to ensure the full benefits were realised and were spread across the borough. A definitive date for the publication of the plan could not be given at this stage as the it was dependent on the receipt of the final report from the Peer Review team.

Councillor McLean

Could the Portfolio Holder for Heritage and Culture outline the benefits of City Status?

Councillor Cox, Portfolio Holder for Heritage and Culture, explained that a collaborative approach with residents and partners would be taken. A three pronged approach was being taken:

  • The formal civic celebration on 23 November.
  • The curation of a year of events under the aegis of the Visit Colchester Team to highlight heritage and cultural assets.This should lead to increased tourism.
  • Some longer legacy planning, which should provide an opportunity to lever in new investment.

Councillor Smithson

In view of the issues raised about access to the Town Hall for members to attend civic events, could the Portfolio Holder provide a reassurance that the Council followed section 20 of the Equalities Act, given that it had not made reasonable adjustments, and that it had not inadvertently breached rule 14(17)(b) of the Council Procedure Rules?

 

Councillor Cory, Portfolio Holder for Resources, explained compliance with the Equalities Act was of crucial importance to the Council. It was important that the Town Hall was as accessible as possible. As the Chief Executive had explained the Council was doing all it could to make the Town Hall accessible and it believed that it was accessible at the present time. It was also seeking to ensure that as far as possible all personal requirements were met. The Council was complying with the requirements of the Equalities Act 2010.

Councillor Harris

Could the Portfolio Holder for Neighbourhoods and Waste provide an update on the differing interpretation of Colchester Borough Council and Essex County Council on the recent direction from the Environment Agency on the disposal of old sofas?

Councillor Goss, Portfolio Holder for Neighbourhoods and Waste, explained that the service for the collection of old sofas had been restored after taking further advice.

Councillor Harris

Would the Portfolio Holder for Local Economy and Transformation support an east-west bus service, which would help improve access to businesses such as Stane Park, and would he work with Essex County Council to provide it?

Councillor Fox, Portfolio Holder for Local Economy and Transformation, explained that Colchester now had a multi-centre economy and it was important that infrastructure, including bus services, supported this. There were already concerns about the adequacy of the car parking at Stane Park so it was important that there were public transport and Active Travel routes to support it. He would work with Essex County Council and bus companies to see if an east -west route was viable.

Councillor B. Oxford

The Council was not complying with the Disability Discrimination Act in respect of Cllr G. Oxford’s access to the Town Hall. Why had the Council not moved meetings to accessible venues to enable his access?

Councillor King, Leader of the Council and Portfolio Holder for Strategy, explained that this issue had already been addressed in responses to earlier questions. The Council had approached the issue in the spirit of trying to ensure accessibility. The Council believed that the Town Hall was accessible, although it was appreciated that there were other personal circumstances which impacted on the issue.

 

11 Schedule of Portfolio Holder Decisions

Council is invited to note the Schedule of Portfolio Holder decisions covering the period 3 July 2022 - 5 October 2022.

 

559

RESOLVED that the Schedule of Portfolio Holder decisions for the period 3 July 2022 – 5 October 2022 be noted.

12 Urgent Items (Council)

Council will consider any business not specified in the Summons which by reason of special circumstances the Mayor determines should be considered at the meeting as a matter of urgency.

 

13 Reports Referred to in Recommendations

The reports specified below are submitted for information and referred to in the recommendations specified in item 7 of the agenda:

 

pdf Year End Review of Risk Management - report to Cabinet 7 September 2022 (750Kb)
pdf LGA Model Code of Conduct - report to Governance and Audit Committee 26 July 2022 (454Kb)
pdf .Annual Scrutiny Report 2021-22- report to Scrutiny Panel 5 July 2022 (248Kb)
pdf Statement of Licensing Policy for Sex Estabishments - report to Licenisng Committee 20 July 2022 (461Kb)
14 Exclusion of the Public (not Scrutiny or Executive)

In accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public, including the press, from the meeting so that any items containing exempt information (for example confidential personal, financial or legal advice), in Part B of this agenda (printed on yellow paper) can be decided. (Exempt information is defined in Section 100I and Schedule 12A of the Local Government Act 1972).

 

Part B

Additional Meeting Documents

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
No declarations of interest have been entered for this meeting.

Visitors

Visitor Information is not yet available for this meeting
Councillors and Meetings

Quick Links