Meeting Details

Meeting Summary
Council
16 Oct 2019 - 18:00
Occurred
  • Documents
  • Attendance
  • Visitors
  • Declarations of Interests

Documents

Agenda

Part A
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 also remind everyone to use microphones at all times when they are speaking, explain action required in the event of an emergency, mobile phones switched to silent and audio-recording of the meeting.
2 Have Your Say! (Council)
The Mayor will invite members of the public to indicate if they wish to speak or present a petition on any item included on the agenda or any other matter relating to the business of the Council.  Please indicate if you wish to speak at this point if your name has not been noted by Council staff.

344

Anna Appleyard addressed Council pursuant to the provisions of Council Procedure Rule 6(5) on behalf of Refill Colchester This was a scheme to reduce the use of plastic bottles through the use of an app which showed users where bottles could be refilled without charge. It had been launched in 2018 and had received considerable support from members of the public and Councillors.  There were now 50 refilling stations in Colchester, and Refill Colchester was looking for support in order to widen usage of the scheme.  In particular it would be beneficial to have representative at the Council’s public events, for it to be promoted through the Council’s print and digital channels and through working with the Better Colchester brand.

Councillor Goss, Portfolio Holder for Waste, Environment and Transportation, responded and indicated that he would be happy to meet to discuss how to promote  their work further.  Councillor King, Portfolio Holder for Business and Resources, indicated his support for their work and highlighted the work the Council was taking forward in order to reduce the use of single use plastics.   

Tom Foster, Chairman of CAUSE, addressed Council pursuant to the provisions of Council Procedure Rule 6(5) to express his concerns about North Essex Garden Communities Ltd. The Council had already provided £600,000 of funding and was due to commit a further £350,000 in December 2019.  Over the following two years it would provide a further £5 million.  Whilst its interim Business Plan stated that it would raise funding through the private sector, the Council would carry the risk as NEGC Ltd had no assets.  It was a delivery vehicle with no plan to deliver,  no structure to deliver it with and no land to build on.  The Directors of NEGC Ltd had authorised a programme of community engagement.  However, this had been launched before the responses to the consultation had been considered.  Three of the four directors of NEGC Ltd were senior Cabinet members of the relevant authorities and he considered that the Local Plan was pre-determined.  He asked whether the Council taken legal advice on whether the community engagement work by NEGC Ltd could prejudice the Local Plan inspection and whether it conflicted with rules on state aid.  

Councillor King, Portfolio Holder for Business and Resources, stressed the importance of learning from critics of the proposals and of working together with partners and with affected communities, no matter what the conclusions of the Inspector were.  Consideration also had to be given to the needs of those who were silent on the issue and to those who suffered through the lack of planning and of social infrastructure.  There was value in the work that NEGC Ltd were undertaking on community engagement. Issues on state aid had already been addressed and published and there were no issues in the community engagement work running alongside the Inspection process.

John Akker addressed Council pursuant to the provisions of Council Procedure 6(5) on behalf of Stop 350 to express his concern about Part 2 of the Local Plan.  There were grave dangers from developers applying for planning permissions before Part 2 was agreed.   Whilst this was an issue for the whole borough, this was illustrated in West Mersea.  Over 1700 residents had commented on the Local Plan, over 600 had attended a local meeting and the community was engaged in the preparation of a Neighbourhood Plan.  This was in the belief that their detailed comments would be submitted to the Inspector next year. However, multiple planning applications were now being submitted in advance of the Local Plan being agreed. If approved, these would set aside the Local Plan. This was not how planning policy should be developed: there should be a planned approach with policy being approved by the Inspector and not developed through the piecemeal approval of applications. The Council should resist such planning applications and be prepared to defend its decisions at appeal, the danger of which were sometimes overstated.

Councillor J. Young, Portfolio Holder for Culture and Performance, indicated that a written response would be sent.

Neil Gilbranch addressed Council pursuant to the provisions of Council Procedure Rule 6(5) and expressed his support for the motion proposing a contingency Plan B for the Local Plan.  It was difficult for members of the public to engage with the Local Plan process.  For example in respect of the A12 there were 4 new options which was causing further uncertainty for residents.  NEGC Ltd were now undertaking further engagement to find out what residents wanted in Garden Communities, rather than what they wanted in the borough as a whole.  This suggested predetermination and undue haste.

Councillor J. Young, Portfolio Holder for Culture and Performance, thanked Mr Gilbranch for his comments which were noted.

Ali Wilkin addressed Council pursuant to the provisions of Council Procedure Rule 6(5).  Members of the Equality Action Group Now had been labelled as “conspiracy theorists” by the Department of Work and Pensions on Channel Four news. However, the oppression of disabled people was not a conspiracy theory. Their income had been cut and had been subject to humiliating assessments.  Disability hate crime had doubled, and people with disabilities claiming benefits were often reported for suspected benefits fraud on the most spurious of grounds.  It was a misconception that inclusion and accessibility was the norm, when it was normally an add on, secured through the hard work of disability campaigners. Therefore, people with disabilities took the business of politics seriously, and asked that when they approached politicians for help, they were given respect in return.

Councillor Lilley, Portfolio Holder for Communities, Wellbeing and Public Safety, responded and thanked Ali Wilkin for attending and drawing the Council’s attention to these issues.  The Police had set up a specialist unit to deal with hate crimes.  He invited her to send in further details and he would look into the issues.

3 Minutes of the Previous Meeting (Council)
A... Motion that the minutes of the meeting held on 17 July 2019 be confirmed as a correct record.
345
RESOLVED that the minutes of the meeting held on 17 July 2019 be confirmed as a correct record.
4 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.
5 Mayor's Announcements
The Mayor to make announcements.
346

The Mayor announced that Peldon had been awarded Essex Village of the Year 2019. This was an award made by the Rural Community Council of Essex.  In order to win the award the village had highlighted its work in building a new village hall, as well as demonstrating its community focus, its business and services and its environmental and sustainability work. The Mayor presented the award to representatives of the bid team, Bob Holmes, Liz Davidson, Alma Thomas and Crissy Lee.

Bob Holmes responded and thanked the Mayor for the presentation.  He also expressed his thanks to Councillors Jowers and Davidson for their help, and for the support of the Council towards rebuilding of the village hall, which had been an integral part of their submission.

The Mayor announced the following events:-

Tea Dance, 6 November 2019, Moot Hall

Wine Tasting November 2019 (date and venue to be confirmed)

Army Band Concert, 20 November 2019, Moot Hall

A recital of A Christmas Carol with Anthony Roberts, 1 December 2019, MICA West Mersea

Big Junior Fun Run, 8 December 2019, Recreation Ground

Mercury Carol Concert, 19 December 2019, Mercury at Abbey Field

Bach Choir Concert, 22 February 2020, venue to be confirmed

Opening of Mayoral Wood, 28 March 2019.

6 Items (if any) referred under the Call-in Procedure (Council)
The Council 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.
7 Recommendations of the Cabinet, Panels and Committees
Council will consider the following recommendations:-
B.. Motion that the recommendation contained in draft minute 378 of the Cabinet meeting of 4 September 2019 be approved and adopted.
347
RESOLVED that the recommendation contained in draft minute 378 of the Cabinet meeting of 4 September 2019 be approved and adopted (UNANIMOUS). 
C...  Motion that the recommendation contained in minute 83 of the Licensing Committee meeting of 27 March 2019 be approved and adopted.  
348
RESOLVED that the recommendation contained in minute 83 of the Licensing Committee meeting of 27 March 2019 be approved and adopted (UNANIMOUS).
D... Motion that the recommendation contained in draft minute 168 of the Governance and Audit Committee meeting of 3 September 2019 be approved and adopted.  
349
RESOLVED that the recommendation contained in draft minute 168 of the Governance and Audit Committee meeting of 3 September 2019 be approved and adopted (MAJORITY voted FOR).
E... Motion that Council make (adopt) the West Bergholt Neighbourhood Plan following its approval at referendum.
 
350

Councillor Chris Stevenson, Chairman of West Bergholt Parish Council and Chairman of the Neighbourhood Plan Steering Group, addressed Council pursuant to the provisions Council Procedure Rule 6(5). He hoped that Council would endorse the West Bergholt Neighbourhood Plan.  862 residents had voted in favour of the Plan,  which was 94% of the votes cast.  It had been put together carefully and was in step with the emerging Local Plan. It would deliver sustainable housing development in West Bergholt and the draft plan had already helped protect the village from unsuitable development.  It also addressed other issues such as employment and sport and leisure provision. Thanks were expressed to the ward councillors and to the following planning officers who had supported and advised on the Plan: Shelley Blackaby, Sandra Scott, Karen Syrett and Rachel Forkin.

RESOLVED that the West Bergholt Neighbourhood Plan be made (UNANIMOUS).

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

Council will consider the following Motions:-

(Note: The maximum length of time for the consideration of all such motions shall be 80 minutes. In the event that a motion is still being debated when the 80 minutes have elapsed the Mayor shall invite the proposer of the motion to respond to the debate and then move straight to the vote. )

Motion F

 Proposer: Cllr Warnes:-

Motion that:-

This Council calls upon the Government to significantly enhance the ability of Councils such as Colchester to build more new council homes.

It’s 100 years since the passing of the Addison Act which gave Councils significant new duties and funding to build their own housing.  Colchester has, as have many other places in the UK, a housing crisis.  We have many residents either facing or experiencing homelessness within our borough, yet we also have a chronic shortage of council housing. 

This Council is committed to building new council housing, but we face continuing restraints on our ability to deliver at scale and need Government to make council house building more viable.  

We therefore call upon the borough’s MP’s Bernard Jenkin, Priti Patel and Will Quince to find new inspiration through the laudable aims of Christopher Addison that inspired council house building throughout the country and lobby the Ministry of Housing, Communities and Local Government and Her Majesty’s Treasury to:

end restrictions on the use of the Right to Buy receipts so all the money we raise from council house sales could go back into building replacement homes

provide clarity over long-term social rent levels so we can continue to prudently borrow in order to deliver at scale a new generation of council housing for working families and those households in greatest need within our borough.


As the motion relates to an executive function it will stand referred direct to Cabinet, unless Council Procedure Rule 11(2) is suspended.

 
351

It was proposed by Councillor Warnes that:-

“This Council calls upon the Government to significantly enhance the ability of Councils such as Colchester to build more new council homes.

It’s 100 years since the passing of the Addison Act which gave Councils significant new duties and funding to build their own housing.  Colchester has, as have many other places in the UK, a housing crisis.  We have many residents either facing or experiencing homelessness within our borough, yet we also have a chronic shortage of council housing.

This Council is committed to building new council housing, but we face continuing restraints on our ability to deliver at scale and need Government to make council house building more viable. 

We therefore call upon the borough’s MP’s Bernard Jenkin, Priti Patel and Will Quince to find new inspiration through the laudable aims of Christopher Addison that inspired council house building throughout the country and lobby the Ministry of Housing, Communities and Local Government and Her Majesty’s Treasury to:

  • end restrictions on the use of the Right to Buy receipts so all the money we raise from council house sales could go back into building replacement homes
  • provide clarity over long-term social rent levels so we can continue to prudently borrow in order to deliver at scale a new generation of council housing for working families and those households in greatest need within our borough.”

On being proposed, as the motion related to an executive matter, it stood referred direct to Cabinet.

Motion G

 Proposer:  Councillor Barber

Motion that

This Council notes that:
 
- In a recent planning appeal decision, the inspector concluded that “Colchester Borough Council cannot demonstrate a five-year supply of deliverable housing sites."
 
- A lack of five-year supply would put the Council and the Borough at risk of speculative planning applications being permitted at appeal and highlights the importance of having a new, valid Local Plan.
 
Given that Colchester Borough Council’s 5 year supply is now being challenged, the lack of unanimity on and belief in the suitability of the current proposals in Section 1 of the emerging local plan by council members, it is resolved by this Council that:
 
- Officers are instructed to develop, with immediate effect, a contingency Plan B to the current proposals in Section 1 of the emerging local plan.
 
- This Plan B will go through the necessary local plan procedures and, if agreed by the Local Plan Committee and/or Full Council, be submitted to the Planning Inspectorate and the Secretary of State for Housing, Communities and Local Government if the current plans in Section 1 of the emerging Local Plan are found to be unsound. This will ensure communities across the borough are protected from speculative development.
 
- That a copy of this motion is sent to all three Colchester Borough MPs, the Planning Inspectorate and the Secretary of State for Housing, Communities and Local Government by signature of the Leader of the Council

 

As the motion relates to a non-executive function, it will be considered and determined at the meeting.

352

It was proposed by Councillor Barber that:-

“This Council notes that:

- In a recent planning appeal decision, the inspector concluded that “Colchester Borough Council cannot demonstrate a five-year supply of deliverable housing sites."

- A lack of five-year supply would put the Council and the Borough at risk of speculative planning applications being permitted at appeal and highlights the importance of having a new, valid Local Plan.

Given that Colchester Borough Council’s 5 year supply is now being challenged, the lack of unanimity on and belief in the suitability of the current proposals in Section 1 of the emerging local plan by council members, it is resolved by this Council that:

- Officers are instructed to develop, with immediate effect, a contingency Plan B to the current proposals in Section 1 of the emerging local plan.

- This Plan B will go through the necessary local plan procedures and, if agreed by the Local Plan Committee and/or Full Council, be submitted to the Planning Inspectorate and the Secretary of State for Housing, Communities and Local Government if the current plans in Section 1 of the emerging Local Plan are found to be unsound. This will ensure communities across the borough are protected from speculative development.

- That a copy of this motion is sent to all three Colchester Borough MPs, the Planning Inspectorate and the Secretary of State for Housing, Communities and Local Government by signature of the Leader of the Council.”

Councillor Cory moved a main amendment as follows:-

That the motion on a Contingency Plan B for the Local Plan be approved and adopted subject to the following amendments:
 

  • In paragraph 1 the deletion of the word “the” and its replacement with the word “an”;
  • In paragraph 3 the deletion of the words “is now being challenged” and their replacement with the words “has been questioned”;
  • The deletion of paragraph 4 and the addition of the following two paragraphs after paragraph 3:-

- Officers should continue to offer every support to the Planning Inspector in his review of the Local Plan as recently endorsed by the Council's Local Plan Committee.

 - Officers are instructed to develop a contingency Plan B to the current proposals in Section 1 of the emerging Local Plan, for submission to the Local Plan Committee within one month of the completion of the Section 1 public hearing.

  • The deletion of paragraph 6.

    Councillor Barber indicated that the main amendment was accepted, and the motion was deemed amended accordingly.  

    In the course of the debate Councillor Ellis moved a secondary amendment that an additional paragraph be added to the end of motion as follows:-

    “That Braintree District Council and Tendring District Council as the two authorities who share a common section 1 with Colchester Borough Council be informed of this decision.“

    Council indicated that it was content to accept the secondary amendment and the motion was deemed amended accordingly.  The amended wording of the motion was as follows:-

    This Council notes that:

    - In a recent planning appeal decision, an inspector concluded that “Colchester Borough Council cannot demonstrate a five-year supply of deliverable housing sites."

    - A lack of five-year supply would put the Council and the Borough at risk of speculative planning applications being permitted at appeal and highlights the importance of having a new, valid Local Plan.

    Given that Colchester Borough Council’s 5 year supply has been questioned, the lack of unanimity on and belief in the suitability of the current proposals in Section 1 of the emerging Local Plan by council members, it is resolved by this Council that:

     - Officers should continue to offer every support to the Planning Inspector in his review of the Local Plan as recently endorsed by the Council's Local Plan Committee.

     - Officers are instructed to develop a contingency Plan B to the current proposals in Section 1 of the emerging Local Plan, for submission to the Local Plan Committee within one month of the completion of the Section 1 public hearing. 
     

    - This Plan B will go through the necessary local plan procedures and, if agreed by the Local Plan Committee and/or Full Council, be submitted to the Planning Inspectorate and the Secretary of State for Housing, Communities and Local Government if the current plans in Section 1 of the emerging Local Plan are found to be unsound. This will ensure communities across the borough are protected from speculative development.

    - That Braintree District Council and Tendring District Council as the two authorities who share a common section 1 with Colchester Borough Council be informed of this decision

    On being put to the vote, the motion was approved and adopted (MAJORITY voted FOR).

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)).
353

 

Questioner

Subject

Response

Pre-notified questions

Councillor Dundas

In our recent survey in Stanway which thus far has had approaching 1000 responses with more still arriving daily around 85% of respondents when asked whether they felt they had been properly consulted on the Local Plan and Garden Community proposals replied “Not at all” or “0” on a Scale of 1 to 10. Only around 5% replied that they felt they had been fully consulted.

 

Furthermore, an online residents' survey on recollection of having received the “Local Plan” information leaflet elicited over 200 responses in 24 hours from people who said they had never seen it. Of the few who did recall receiving it some said they’d received two copies and others had received it in a bundle of takeaway menus.

 

Is the Portfolio Holder concerned that these figures are so poor, particularly when community engagement was a stated requirement by the Planning Inspector and what measure do they propose to take to improve them?

 

 

Councillor J. Young, Portfolio Holder for Culture and Performance, explained that the Council had sent out over 80,000 leaflets, largely by post. It was also available online. It had been supported by a communications campaign in local press and social media. The Council had received over 1000 comments from over 800 responses to the leaflet. These had been sent to the Inspector. Where there was evidence that delivery rates had been poor, they had been redelivered. Research by the delivery company had demonstrated a good recall rate amongst residents.

Oral questions

Councillor Luxford Vaughan

Why were the NEGC public engagements sessions not held in the local areas affected, and why were local Councillors and campaign groups not invited to attend? Were such events premature and a waste of taxpayers’ money in advance of the Inspectors report?

Councillor King, Portfolio Holder for Business and Resources, explained that he had written to Cllr Luxford Vaughan on these issues. NEGC had been given a direction by the four Councils to continue with engagement work. There had been some criticism that there was insufficient information available about the Garden Communities project and this engagement would help address that. He would continue to liaise with NEGC Ltd and would stress the need to include community groups and those who were opposed to the scheme in these events. There had been some confusion over the invitations in that some Councillors had been invited as members of community groups. NEGC and Council officers were working hard to ensure deep and effective community engagement.

Councillor Harris

Would the Portfolio Holder for Communities, Wellbeing and Public Safety, write to Paxman Academy to welcome them and to wish them well in supporting the local community.

Councillor Lilley, Portfolio Holder for Communities, Wellbeing and Public Safety indicated that he would.

Councillor Barber

Following a recent e-mail exchange on the provision of air quality monitoring equipment for Aldham, would the Portfolio Holder for Waste, Environment and Transportation look at the budget for the provision of air quality monitoring equipment to ensure it was provided holistically across the borough.

Councillor Goss, Portfolio Holder for Waste, Environment and Transportation explained that the equipment Councillor Barber had requested would be obtained and that the administration would continue to roll out air quality monitoring equipment where it was needed. Councillor King, Portfolio Holder for Business and Resources, explained that that the administration was continuing to look for resources to help deal with issues that would help address the climate emergency

Councillor Barber

Could the Portfolio Holder for Communities, Wellbeing and Public Safety provide an update on the provision of play equipment across the borough and the Play Provision project, Could he confirm that all play equipment would be above the standard that required to comply with the Equalities Act, so it catered for children with disabilities.

Councillor Lilley, Portfolio Holder for Communities, Wellbeing and Public Safety, indicated that a written response would be sent.

Councillor Scordis

Could the Portfolio Holder for Waste, Environment and Transportation provide an update on issue of algae on the River Colne.

Councillor Goss, Portfolio Holder for Waste, Environment and Transportation, explained he had spoken to the Environment Agency about issues relating to the River Colne. They had confirmed that they had a duty to act and received funding to deal with issues of flood risk and to deal with threats to wildlife. It had suffered funding cuts in recent years. The current conditions of the river were partly caused by the fact there had been drought conditions for the last 18 months and it was anticipated that the river would start to improve naturally as rainfall increased and as there was less sunlight. The Council had approached contractors who worked for the Environment Agency, and a local firm who were working on an innovative solution, for an estimate of the costs involved in improvement works should this become necessary.

Councillor Crow

Could the Portfolio Holder for Waste, Environment and Transportation confirm who was responsible for removing algae from the River Colne?

Councillor Goss, Portfolio Holder for Waste, Environment and Transportation, explained that the Environment Agency would remove algae where it was a danger to wildlife or where it was a flood risk. The Council could remove it in other circumstances, but it would have to fund this itself.

 

Council is invited to note the Schedule of Portfolio Holder decisions covering the period 2 July 2019 - 30 September 2019.
354
RESOLVED that the Schedule of Portfolio Holder decisions covering the period 2 July 2019 - 30 September 2019 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:
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).
Prayers
342
The Reverend Canon Paul Norrington opened the meeting with prayers.
Apologies
343
Apologies were received from Councillors Arnold, Chuah and Hogg.
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