Agenda and minutes

Public Speaking: To register your intention to speak at a Council, Cabinet or Committee meeting, please contact Democratic Services on committee@uttlesford.gov.uk or 01799 510410, 510548, 510369 or 510460. Panel, Forum and Working Group meetings do not generally permit public speaking. Please refer to a specific meeting's pdf agenda pack for further information and registration deadlines.

Live Broadcast: For Council, Cabinet and Committee meetings the video player will be available on this page under the Media banner a few minutes before the meeting is due to begin. Please note that Panel, Board, Forum and Working Group meetings are not generally broadcast on the website. We believe that live streaming video of our formal decision making meetings, and publishing the recordings to be watched back later, is good for democracy – and you can find these videos on our website. This video technology sits alongside the longstanding practice of providing seats in the public gallery for members of the public and journalists to turn up and watch our in-person meetings live. Please understand that whilst we will continue to make every reasonable effort to ensure that our key public meetings at which important decisions are live streamed and recorded, any failure in that technology does not in any way invalidate the legitimacy of that meeting or of the decisions taken at it. Even in the event of such occasional technical failures, the public gallery will still have been open, as required by law, and the minutes of the meetings will still be made available in due course.

Zoom and YouTube have their own privacy and data security policies, which can be accessed at www.zoom.us and www.youtube.com.

Venue: Council Chamber - Council Offices, London Road, Saffron Walden, CB11 4ER. View directions

Contact: Democratic Services  Email: committee@uttlesford.gov.uk

Media

Items
No. Item

C79

Public Speaking

Minutes:

Mr Woodcock addressed Council. A summary of his statement is appended to these minutes.

 

C80

Apologies for Absence and Declarations of Interest

To receive any apologies and declarations of interest.

Minutes:

Apologies for absence were received from Councillors Criscione, Day, Dean, Fairhurst, Lodge and Loughlin.

 

The Chair offered congratulations to Councillor Criscione and his family on the recent birth of his son and thanked Councillor Criscione for his service to the Council as Leader of the Conservative Group. He welcomed Councillor Smith as the new Conservative Group Leader.

 

Councillors Lemon and Reeve declared pecuniary interests in item 15 as share holders in Shell and BP and took no part in the debate or vote on that item.

 

Councillor Smith declared a non-pecuniary interest in item 15 as a minor share holder in an oil exploration company, which did not meet the necessary threshold for a declaration, in the interests of transparency. He also declared a non-pecuniary interest in item 8 as a member of a Parish Council with items awaiting funding from the Local Highways Panel.

 

Councillors Merifield and Luck declared a non-pecuniary interest as members of a Parish Council with items awaiting funding from the Local Highways Panel.

 

C81

Minutes of the previous meeting pdf icon PDF 232 KB

To receive the minutes of the previous meeting.

Minutes:

The minutes of the meeting held on 7 December 2021 were approved as a correct record.

C82

Chair's Announcements

To receive any announcements from the Chair.

Minutes:

The Chair provided a brief update on events he had attended since the previous meeting including an evening with the Dunmow Flitch team.

 

C83

Reports from the Leader and Members of the Executive pdf icon PDF 108 KB

To receive matters of report from the Leader and members of the Executive:

 

·         Portfolio Holder for Planning and the Local Plan

·         Portfolio Holder for the Environment and Green Issues; Equalities

Additional documents:

Minutes:

The Leader of the Council said that at the last meeting she had omitted to thank Councillor Day for his contribution to the Cabinet as a hard working and dedicated Member.

 

She thanked Members for their warm reception of the Leader`s diary that had recently been circulated.

 

 

Councillor Evans reported on the work of the Local Plan Leadership Group and notified Members of the intention to consult on the draft Local Plan in May 2022.

 

Councillor Pepper provided a report on community events running over the first quarter of the year, as well as meetings with and work undertaken with the Armed Forces Covenant. She went on to provide an update regarding the work of the Local Strategic Partnership and associated theme group meetings.

 

 

C84

Corporate Plan 2022-26 pdf icon PDF 120 KB

To consider the Corporate Plan 2022-26.

Additional documents:

Minutes:

Councillor Reeve presented the Corporate Plan 2022 – 2026 and said that it remained unaltered from 2021.

 

He went on to summarise the four main themes within the Plan as:

  • Putting residents first
  • Active place-maker for our towns and villages
  • Progressive custodian
  • Champion for our district

 

Councillor Reeve said the importance of executing the most important priorities which currently includes the Local Plan, Council finances and the Climate Change Action Plan. He confirmed that as a result of the current financial situation the Council had been able to ring fence £1,000,000 for both the Climate Change Action Plan and the Economic Development Recovery Plan over a three year period, as well as a significant figure for sporting activities. He said that Councillor Sutton had made good progress executing Councillor Day`s change to the Plan in 2021 to strengthen focus on Youth Activities, despite challenges resulting from the pandemic.

 

Members discussed the Corporate Plan 2022-26. In summary, the following matters were raised:

 

  • The Administration’s aspirations still remained although it was acknowledged that the financial situation was challenging.

 

  • Associated actions would be detailed in the new Corporate Plan Delivery Plan.

 

  • Work had been undertaken with the Clinical Commissioning Group (CCG) to ensure Addenbrookes remained an NHS hospital for the district and there was also ongoing work with Harlow Princess Alexandra Hospital. The minutes of the meetings with the CCG could be shared.

 

  • Questions were raised regarding the recent planning designation and whether quarterly reports on Planning Department performance had been shared with portfolio holders, the Chair of Planning and senior managers. It was confirmed that the East of England Local Government Association panel experts had been commissioned and reported to portfolio holders, the Planning Department and senior managers.

 

  • In response to questions on the Youth Council, it was confirmed that they were still invited to attend meetings of Council and it was hoped that the low membership would be improved as Covid-19 measures were relaxed and opportunities would arise to canvass new members.

 

  • It was requested that recycling performance statistics were circulated to Members.

 

 

Councillor Reeve recommended the approval of the draft Corporate Plan 2022 – 2026.

 

Councillor LeCount seconded the recommendation.

 

            RESOLVED that the Corporate Plan for 2022-2026 be adopted.

C85

Medium Term Financial Strategy and Budget Proposals 2022/23 pdf icon PDF 154 KB

To consider the Medium Term Financial Strategy and Budget Proposals 2022/23.

Additional documents:

Minutes:

Councillor Hargreaves was invited to present the Medium Term Financial Strategy and Budget Proposals for 2022-23. He detailed an amendment to the report for £100 to be credited to the Council Tax of those benefitting from Local Council Tax Support from the 31 January 2022. He indicated that he was happy to support the amendment.

 

Councillor Khan requested that Councillor Hargreaves retract his statement until the amendment had been proposed.

 

Councillor Hargreaves retracted his statement.

 

Councillor Hargreaves presented the report regarding Medium Term Financial Strategy and Budget Proposals 2022 – 2023. He highlighted the following:

 

  • Details of the proposed extra £150 relief for those living in Council Tax bands A – D properties, as recently announced by the Chancellor, would be paid directly to eligible residents whose bank details were already held. Letters would be despatched to obtain the bank details of other eligible residents to enable their payments to be processed.

 

  • Thanks were given to the team of officers who had worked over the Christmas period, with some cancelling holiday to do so, as a result of the Government changing the rules on investments and borrowing in December 2021. The work ensured that Cabinet and officers had the opportunity to compare several investment strategy options and resulted in the Medium-Term Financial Strategy (MTFS) presented to Council.

 

  • Details regarding the mitigating financial work in light of the recent planning designation and the potential loss of major planning application fees. This had been incorporated in the general fund budget for this year and the MTFS.

 

  • Details regarding the proposed Council Tax increase of £5 per year on a band D property, an increase of 3.09%. Of the five preceptors, the District Council had the second lowest increase.

 

  • The Council had a strong financial strategy with diversified income streams and continued to provide high quality services without the majority of the financial burden falling on local council tax payers. The budget proposed was balanced with no financial cuts proposed in 2022 – 2023.

 

  • Despite the Government’s imposed requirements, the Council maintained a substantial investment income of £5.7million. The portfolio showed a £42million capital gain by valuation in September 2021, and that was before building was completed in places. The Government now required the Council to set aside the minimum revenue provision to prematurely play down the borrowings and the new Chartered Institute of Public Finance and Accountancy (CIPFA) rules prevent local authorities from running their portfolios efficiently, preventing selling and reinvesting at the optimum times. This forced the Council to build large reserves for long term costs on buildings that were unnecessary as the intention would be to retain the building only until the optimal sale date.

 

Councillor Hargreaves proposed approval of the budget strategies and reports and requested that the Council noted the Equalities Health Impact Assessment.

 

This was seconded by Councillor Reeve.

 

Councillor Khan was invited to table his amendment, published as follows:

 

The cost-of-living crisis has been growing in scale and impact over the last six months, with inflation  ...  view the full minutes text for item C85

C86

Appointments Committee - Chief Officer Appointments pdf icon PDF 299 KB

To conisder the report regarding the Appointments Committee – Chief Officer Appointments.

Minutes:

The Chair indicated that he intended to move to agenda item 12 in proceedings.

 

The Leader of the Council presented the report regarding the permanent arrangements of the Appointments Committee. She recommended that that the Appointments Committee be established on a permanent basis and its remit extended to Chief Officer Appointments.

 

Councillor Driscoll seconded the proposal.

 

The Chair moved to a vote. The resolution was carried unanimously.

 

RESOLVED that the Appointments Committee be established on a permanent basis and its remit extended to:

 

I.              All new Chief Officer appointments, whether or not statutory, save for those not reserved exclusively for candidates drawn from the Council’s existing staff (see Art 2 Part 4 of the Council’s Constitution) as part of but not limited to the case of adjustments to the overall departmental structure of the Council pursuant to Art 12.4.2 of Part 2 of the Council’s Constitution.

 

II.            That membership of the said Committee be composed of 3 Residents for Uttlesford, 1 Liberal Democrat, 1 Conservative, 1 Green and 1 Independent member, including at least one member of the Executive, on the nomination of Group Leaders

 

C87

Pay Policy Statement pdf icon PDF 122 KB

To consider the Pay Policy Statement report.

Additional documents:

Minutes:

Councillor Hargreaves presented the report regarding the Pay Policy Statement.  He explained that at the time of publishing the Pay Policy Statement, there had been no agreement regarding the 2021/2022 and 2022/23 annual cost of living increases, which were negotiated on behalf of councils between the Local Government Association and Trade Unions. He recommended approval of the Pay Policy Statement and delegation of responsibility to the Assistant Director – Corporate Services to update the published Pay Policy Statement with this year’s Pay Multiple and average salary figures as at 31 March 2022 once agreement had been reached between the Local Government Association and Trade Unions.

 

Councillor Reeve seconded the proposal.

 

Councillor Barker asked whether there was a standard benchmark to compare with other authorities. She requested further information to benchmark against other local authorities.

 

Councillor Hargreaves agreed it would be useful to compare with similar authorities and once the figures were available a benchmarking exercise would be undertaken.

 

The Chair moved to a vote. The resolution was carried unanimously.

 

RESOLVED to:

 

I.              Approve the Pay Policy Statement

 

II.            Grant delegated authority to the Assistant Director – Corporate Services to update the Pay Policy Statement and associated documents with pay multiple and average salary figures as at 31 March 2022 and with revised salary information once the 2021/22 & 2022/23 national pay awards are agreed.

 

C88

Business Rates Reliefs and Grants pdf icon PDF 335 KB

To consider the Business Rates Reliefs and Grants report.

Additional documents:

Minutes:

Councillor Hargreaves presented the updated Business Rates Relief Policy, which recommended that Members approved the updated policy using their discretionary powers under S47 of the Local Government Act 1988 as amended to include:

 

  • Extension of Retail Relief Scheme for 2022-2023 only
  • Extension to the Transitional & Supporting Small Businesses scheme

2022/2023 only

 

He also requested that Members note the report for the additional Covid 19 grants and funding, set out in the report and Appendices B and C determined by an urgent Officer Decision:

 

  • The Omicron Hospitality and Leisure Grant
  • Covid 19 Additional Relief Funding (CARF)

 

Councillor Reeve seconded the proposals.

 

Councillor Lavelle provided positive feedback from his Great Dunmow ward, which had been particularly complimentary about the distribution of grant funding by the District Council. He commended Officers for their important work on this matter.

 

The Chair moved to a vote. The resolution was carried unanimously.

 

RESOLVED to:

 

I.              Adopt the updated policy using their discretionary powers under S47 of the Local Government Act 1988 as amended to include:

 

a)    Extension of Retail Relief Scheme for 2022-2023 only

b)    Extension to the Transitional & Supporting Small Businesses scheme 2022/2023 only.

 

II.            To note the report for the additional Covid 19 grants and funding, set out in the report and Appendices B and C determined by an urgent Officer Decision:

 

c)    The Omicron Hospitality and Leisure Grant

d)    Covid 19 Additional Relief Funding (CARF)

 

Councillor Foley withdrew a previous remark to Councillor Sell and apologised. The apology was accepted.

 

C89

Calendar of meetings - 2022-23 pdf icon PDF 21 KB

To note the Calendar of Meetings 2022-23.

Additional documents:

Minutes:

The Calendar of Meetings for 2022 – 2023 was noted.

 

Councillor Driscoll requested that a budget only meeting be scheduled for the following year.

 

The Chair agreed and asked that the Chief Executive provide feedback at the next meeting.

 

The Director of Corporate and Financial Services said that the Pay Policy and Corporate Plan items were important elements of the budget setting meeting, with the latter providing steer as to what the budget sought to deliver.

 

C90

Appointments to Licensing and Environmental Health Committee

To consider the appointments of Councillors Driscoll and Lodge to the Licensing and Environmental Health Committee in place of Councillors Day and Lees.

Minutes:

Members considered the appointment of Councillors Driscoll and Lodge to the Licensing and Environmental Health Committee in place of Councillors Day and Lees.

 

Councillor Smith notified Members that the risk register had been updated to include the risk of not enough Members on the Planning Committee having received training in the result of an election and asked whether the same risk could be added for the Licensing Committee.

 

Councillor Lees proposed the motion. This was seconded by Councillor Lavelle.

 

 

RESOLVED to appoint Councillors Driscoll and Lodge to the Licensing and Environmental Health Committee in place of Councillors Day and Lees.

 

The Chair adjourned the meeting at 9.00pm. The meeting would be reconvened on Monday 28th February 2022 at 7.00pm to resolve the remaining items of business.

 

 

C91

Meeting Reconvened - Apologies for 28 February 2022

Minutes:

The meeting was reconvened at 7.00pm on Monday 28th February 2022.

 

The Chair reconvened the meeting and asked for a minute’s silence on the terrible loss of life in the war in Ukraine.

 

Apologies for absence were received from Councillors Barker, Criscione, Day, Dean, De Vries, Eke, Foley, Fairhurst, Khan, Loughlin, Oliver and Reeve.

 

There were no declarations of interest.

 

Councillor LeCount was invited to clarify his statement made at Council on 22 February 2022, regarding the historic consideration of the Planning Advisory Service’s recommendations for the Planning Department at Scrutiny Committee in 2018, under the chairmanship of Councillor Dean. Councillor LeCount apologised to Councillor Dean and the meeting for his mistake as it had been considered by the Governance, Audit and Performance Committee, not the Scrutiny Committee.

 

C92

Member Motion: Development of an Evaluation Framework for the Uttlesford Sustainable Local Plan & Supplementary Planning Document pdf icon PDF 164 KB

To consider the member motion: Development of an Evaluation Framework for the Uttlesford Sustainable Local Plan & Supplementary Planning Document.

Minutes:

Councillor Isham presented his motion regarding the proposed development of an evaluation framework for the Uttlesford Sustainable Local Plan and supplementary planning document to ensure that Council`s core values were adhered to and that the Council`s highest environmental standards were adopted and implemented now and in the future. He proposed the motion set out on the agenda.

 

Councillor Light seconded the proposal and asked Council to support this motion to help mitigate Climate Change and shape the future of Uttlesford. She noted that the interim Climate Change Policy approved a year ago included a statement that developers were expected to adhere to this policy, and acknowledged that unfortunately this policy had not yet been implemented.

She went on to explain that the Local Plan was not just about policies for developers, it was about people, opportunities for everyone, employment, education, health and well-being, land management and environment, renewable energy and infrastructure. 

 

Councillor Evans said that it was not appropriate for the Council to debate the principles of social justice, economic justice and environment justice as part of Local Plan development and would be more appropriate in a central Government political manifesto. He reiterated the importance of focusing on delivering the Local Plan in a timely manner and in a form that stood the best chance of passing examination by the Planning Inspectors. He noted that the Plan was required to meet the test of legality and soundness as set against national policy and the introduction of an additional framework, overseen by an unidentified body would undermine and possibly delay the task. He explained that the first test proposed by Councillor Isham, titled “Real Local Housing Need” called for UDC`s housing assessment to be based on accurate forecast local need, whereas the National Planning Policy Framework (NPPF) demanded use of standard methodology to determine housing numbers unless exceptional circumstances prescribed otherwise. He confirmed that the Local Plan Leadership Group (LPLG) had already reviewed that topic and no exceptional circumstances were identified. Furthermore, he confirmed that Councillors Light and Isham had been advised by Planning Policy Officers that the motion went well beyond matters that could be justified in pure planning terms.

He noted that a number of the aspirations were excellent and he would like to see them incorporated in due course but some of the suggested policies would not pass the lawfulness test. He reiterated that the policies advanced within the draft Local Plan must be supportable by national policy terms to prevent another failed plan. Furthermore, the Council were statutorily required to include Climate Change, and all other applicable ecological policies, as supplementary planning documents that would be examined alongside the draft Local Plan. Such documents were powerful and had the advantage of being capable of change as needs and evolving policies dictated. He noted that some of Councillor Isham`s objectives were already being obtained by the application of the interim Climate Change policy document. In summary, he said that this motion would not be helpful to the efficient,  ...  view the full minutes text for item C92

C93

Member Motion: Robin Hood Tax pdf icon PDF 208 KB

To consider the member motion: Robin Hood Tax.

Minutes:

Councillor Caton presented his motion regarding the introduction of a “Robin Hood” tax on oil and gas firms.

 

He proposed the motion set out on the agenda. This was seconded by Councillor Light.

 

Councillor Bagnall said the District Council were unable to take action on this national political issue and urged Members to reject the motion.

 

Councillor Isham noted that the motion called on the Chief Executive to write to the Secretary of State for Business, Energy and Industrial Strategy, which was within the Council’s gift.

 

Councillor Sell said that the motion was an opportunity for the Council to acknowledge that some residents would really struggle with energy cost increases. He asked members to support the motion.

 

Councillor Caton confirmed that the motion was an attempt to influence Government and urged Councillors to support the motion.

 

The Chair moved to the vote.

 

The motion was rejected.

C94

Member Motion: Youth Council support pdf icon PDF 29 KB

To consider the member motion: Youth Council.

Minutes:

Councillor Light presented her motion regarding support of the Youth Council.

She proposed the motion set out on the agenda.

 

Councillor Lemon seconded the proposal.

 

Councillor Lemon confirmed how difficult it had been for the Youth Council during lockdown and how this had influenced the reduction in membership. He questioned whether adequate support was in place during this period. He urged Members to support the motion.

 

Councillor Sutton said she was disappointed with this motion and noted that she could have been approached for a Youth Council update. She went on to confirm that the Youth Council continued to be adequately resourced and supported.

She provided the following information:

  • Schools had been under increased pressure during the pandemic, resulting in smaller groups representing the Youth Council at Local Plan consultation meetings.
  • Two Youth Council members continued to form part of the Climate Change Working Group.
  • Before the pandemic the Youth Council was busy working with the  Mental Health Working Group.
  • Zoom meetings were undertaken occasionally but momentum was lost when working group meeting activities ceased.

 

Now restrictions had lifted the Council and community team would work with schools and other agencies in support of young people and to reinvigorate the Youth Council.

 

Councillor Smith welcomed Councillor Sutton`s update and asked if the reason for the reduction in members of the Youth Council was available.

 

Councillor Sutton said that the membership numbers had reduced because previous members had “grown up”.

 

Councillor Light said that she was pleased that efforts were being made to re-engage and revive the Youth Council. She asked that more resources were injected into the Youth Council.

 

The Chair moved to a vote.

 

The motion was rejected.

 

Councillor Luck left the meeting 7.50pm.

C95

Member Motion: Committee System Working Group pdf icon PDF 29 KB

To consider the member motion: Committee System Working Group.

Minutes:

Councillor Light presented her motion regarding the proposed establishment of a Committee System Working Group.

 

She requested that a democratic committee system be established through a working group chaired by Councillor Coote to enable Full Council to make decisions and fully represent residents.

 

She proposed the motion set out on the agenda.

 

Councillor Sell seconded the proposal.

 

Councillor Coote confirmed that he would not chair the proposed working group.

 

Councillor Sell said that he felt more involved with the work of the Council when it was a committee system. Members were told in 2011 that they were one of very few Councils operating a committee system and that they had to move to a cabinet system. The majority of Councillors were not happy as they were concerned that they would lose influence and power in decision making. He said that a number of authorities and reinstated a committee system, and, by way of example, that Sheffield City Council had a referendum last year and would move to a committee system in May 2022. He believed such a system would bring better governance, more transparency and would allow residents to have more of a say. He noted that Full Council was often time restricted and was not a policy making forum, and the move to a committee system would benefit all councillors. He urged Members to support the motion.

 

Councillor Jones said that he would not support the motion as he saw little evidence signifying that a committee system would be better than a cabinet system. He said R4U had pledged to review the current system and this review had been undertaken by the Governance Review Working Group. He said that the cabinet system was democratic and transparency had been increased under the current Administration.

 

Councillor Pavitt said that if moving to a committee system ensured an end to the party grandstanding he would be supportive, but he acknowledged that he would require guidance on this and the intricacies of moving to a committee system.

 

Councillor Lavelle confirmed that the motion gave him concerns on the following issues and that he would not support the motion:

  • The motion instructed the Council to change the system, not evaluate the system.
  • The motion stated that the cabinet system was undemocratic; he did not accept this statement.
  • He noted that of the 27 Liberal Democratic controlled district, borough and city councils 16 operated a cabinet system and 5 operated an executive system.

 

Councillor Caton said there was not enough engagement of non-executive members in policy making under the current system.

 

Councillor Bagnall noted that the motion lacked thought and evidence and should have captured the resource, financial and process implications. He said that he would not support the motion.

 

Councillor Isham said that the administration had changed its position on the Committee system; originally they had committed to changing the system, now it was only a commitment to reviewing the system.

 

Councillor Foley confirmed that the flawed wording of the motion was unfortunate  ...  view the full minutes text for item C95