23rd February 2006 - Agenda

Summary

Agenda for Full Council Meeting on 23rd February 2006

Acting Head of Legal and Administrative Services
Monitoring Officer

Babergh District Council
Corks Lane
Hadleigh
Ipswich
IP7 6SJ

DX NO: 85055 Exchange: Babergh
Main Switchboard: 01473 822801
Website: www.babergh.gov.uk

TO: THE CHAIRMAN AND MEMBERS OF BABERGH DISTRICT COUNCIL

15 February 2006

PLEASE NOTE CHANGE FROM USUAL DAY

Dear Sir/Madam

A meeting of the Babergh District Council will be held in the Council Chamber, Council Offices, Corks Lane, Hadleigh on THURSDAY, 23 FEBRUARY 2006 AT 9.30 A.M.

The proceedings will be opened with Prayer.

Yours faithfully

Acting Head of Legal and Administrative Services

Members are requested to bring with them to the meeting the following papers which have been previously circulated to relevant Committee Members and made available on BEN:-

Papers D241, E111, E247, E255, E273, E275R and E277.

Any Member wishing to be supplied with a hard copy of the above reports is asked to contact Committee Services prior to the day of the meeting.

 

PART I

ITEM

BUSINESS

1

MINUTES

To confirm and sign the Minutes of the meeting held on 13 December 2005 as a correct record.

2

DECLARATION OF INTERESTS

Members to declare any interests as appropriate in respect of items to be considered at this meeting.

3

APOLOGIES FOR ABSENCE

To receive apologies for absence.

4

CHAIRMAN'S ANNOUNCEMENTS

5

TO RECEIVE NOTIFICATION OF PETITIONS IN ACCORDANCE WITH COUNCIL PROCEDURE RULE NO. 13

In accordance with Council Procedure Rule No.13, the Chief Executive will report the receipt of petitions as detailed below.

Wherstead Hall Development

Petition signed by approximately 26 signatories which was reported to Development Committee at its meeting on 4 January 2006 and was considered in conjunction with the relevant report. There can be no debate or comment on this matter at the Council meeting.

Note: No addresses were included with the signatories.

East House, Hadleigh

Petition signed by a number of Babergh residents voicing “our objection to the sale of East House. We feel that Hadleigh needs and deserves a community centre, and that by selling this facility [Babergh District Council] will be costing [the Council] more in the long-term to fix the problems resulting from the closure than a few thousand pounds received from a sale now”.

The number of signatures accompanying the petition will be advised at the meeting.

Members are asked to take the petition into consideration when receiving the relevant recommendations of the Strategy Committee contained in Agenda Item 6(a) below.

6

RECOMMENDATIONS AND REPORTS FROM COMMITTEES





Paper E279

Paper E275R previously
circulated

(a) The Future of Hadleigh Swimming Pool, East House and Land adjacent to Brett Works, Hadleigh (Strategy Committee Minute No. 123)

Mike Hammond, Corporate Director, presented Paper E275R asking the Committee to consider various options for the future of Hadleigh Swimming Pool, East House and land adjacent to Brett Works, Hadleigh. Prior to Mr Hammond’s presentation the Chairman of the Committee clarified the proposed position on the recommendations in Paragraph 2 of the report which was that they should be made to the Council meeting on 23 February. A Schedule updating the situation on the relocation of Community Groups as referred to in paragraph 4.20 of Paper E275R was circulated to Members at the meeting, together with verbal updates from officers on the current position. Mike Hammond in the course of his presentation emphasised that Options (a) and (b) under Recommendation 2.3 were not mutually exclusive.

During the course of a wide-ranging discussion on various issues raised by Members through their consideration of Paper E275R, a motion was proposed to grant short-term lettings to existing users for a period of one year with the possibility that the property might be transferred to a Hadleigh Charity. The motion was not seconded.

The recommendations in paragraph 2 of Paper E275R were subsequently proposed and seconded and before the vote was taken, the following modifications were made to the wording:-

2.3(a) – inclusion of words ‘towards the provision of facilities within Hadleigh’ after – ‘generate a capital receipt’ and the replacement of ‘or’ between 2.3(a) and 2.3(b) with the word ‘and’.

RECOMMENDED TO COUNCIL

(1) That the Acting Head of Legal and Administrative Services be authorised to commence negotiations for the sale of land providing access to the proposed superstore site at Brett Works, Hadleigh.

(2) That Babergh continues to seek to persuade Hadleigh Town Council to jointly negotiate the sale of land in our ownerships which provides access to the proposed superstore site at Brett Works, Hadleigh, in order to jointly maximise the value of our land holdings.


(3) That, following the decision of Suffolk County Council that it can no longer support the community groups by the provision of accommodation at East House, Hadleigh, the Acting Head of Legal and Administrative Services be authorised to:

(a) market and sell the unencumbered freehold interest with vacant possession in East House, Hadleigh, in order to generate a capital receipt towards the provision of facilities within Hadleigh; in accordance with terms approved by the Council’s Valuer; and

(b) grant a short term letting for the use of East House, Hadleigh, by community groups, which currently use the building in order that they have additional time to secure alternative accommodation upon such terms as are approved by the Acting Head of Legal and Administrative Services. Any such short-term letting to be on the basis of:

· no additional costs of maintaining and owning the building to fall upon Babergh

· at the expiry of the letting Babergh is able to secure vacant possession of the building.

(4) That the timing and details of a feasibility study, at an estimated cost of £30,000, for a new Hadleigh Swimming Pool be triggered by Strategy Committee when and if progress is made upon generating the capital receipts referred to above.

Note: The Schedule circulated at the meeting as referred to above is attached as Paper E279.




Paper E273 previously circulated

(b) 2006/07 Corporate Plan (Strategy Committee Minute No. 124)

The Corporate Support Manager submitted a report (Paper E273). Members were asked to approve the Corporate Plan which was attached to the report as Appendix A and which had been updated after reference to the various exercises and processes referred to in paragraph 4 and taking into account the views of the Overview and Scrutiny (Stewardship) Committee at its meeting on 31 January. The Corporate Support Manager then updated Members on the deliberations of the Overview and Scrutiny (Community Services) Committee at its meeting on 7 February, and Members accepted the comment of that Committee that the issue of sustainability be emphasised when addressing the 2007-2011 Plan. Members suggested some minor wordings to the text on pages 14 and 24 of Appendix 1, which were incorporated within the recommendation.

RECOMMENDED TO COUNCIL

(1) That the 2006/07 Corporate Plan attached as Appendix 1 to Paper E274 be approved subject to amendments to cover the following:-

Page 14

Babergh East LSP – 1st bullet point - replace ‘likely’ with ‘possible’

Hadleigh Swimming Pool – to read ‘The Babergh East LSP will continue to maintain an overview for the provision of a new Hadleigh swimming pool’

Haven Gateway Partnership – to read ‘The Babergh East LSP is working with the Haven Gateway Partnership to investigate…..’


Page 24 –

Private Sector Housing – 3rd bullet point to read [we] ‘Have removed the 50% council tax discount on long term empty properties and reduced that on second homes to the statutory minimum…’

(2) That the Corporate Support Manager be authorised to make any further minor amendments to the Performance Management information within the Corporate Plan.





Paper E277 previously circulated

(c) Consideration of Policy Statement and Corporate Guidance in relation to the Regulation of Investigatory Powers Act 2000 (Strategy Committee Minute No. 127)

The Acting Head of Legal and Administrative Services submitted a report (Paper E277) asking the Committee to recommend the Council to adopt the Guidance and Policy Statement which was attached as Appendix A to the report.

RECOMMENDED TO COUNCIL

(1) That the Guidance on Authorisation under the Regulation of Investigatory Powers Act 2000 and associated Policy Statement (Appendix A to Paper E277) be adopted.

(2) That the RIPA Working Group carry out an annual review of the Clients and Policy Statement in response to the operational needs of the organisation.





Paper E281

Paper E111
previously circulated

(d) Approval to Dispose of Council Owned Land for the Provision of Affordable Housing (Strategy Committee Minute No. 128)

Members had before them Paper E111 previously circulated detailing in Appendix 1 the Affordable Housing Programme approved by the Council on 18 October 2005, together with a list circulated at the meeting indicating the sites in Council ownership.

RECOMMENDED TO COUNCIL

That the Acting Head of Legal and Administrative Services be authorised to dispose on appropriate terms and conditions of all Council owned property detailed in the affordable housing programme approved by the Council on 18 October 2005.

Note: List indicating sites in Council ownership, referred to above, is attached as Paper E281.




Papers E255 and
D241 previously circulated

(e) Review of the Constitution (Overview and Scrutiny (Stewardship) Committee Minute No. 75)

The Acting Head of Legal and Administrative Services submitted a report (Paper E255) concerning the review of the Council’s Constitution. The Committee Services Manager explained that at its meeting in December 2005 the Council had been requested to provide guidance on the timing and potential scope of any further review of the Constitution and to confirm whether any or all of the deferred matters (in Paper D241) should be considered further in advance of any such review. The Council had resolved to refer back all of the deferred matters contained in Paper D241 to the Overview and Scrutiny (Stewardship) Committee to undertake a quick review.

Paragraph 4 of the report contained proposals as to how the deferred matters might be dealt with. It was noted that minor changes to tidy up the Constitution could be dealt with by the Acting Head of Legal and Administrative Services but that major changes to the Constitution would require approval by the Council.

In relation to paragraph 4.3.13, it was noted that the intention would be to submit a report to the Council setting out proposals for Member Champions. It would be for Council Members to decide whether or not they considered it necessary to appoint Champions.

Note: For Members’ information, the following Champions/Specialist Members have been appointed to date by the Council (Paragraph 4.3.13 refers - “A Member Champion be elected by the Council for each of the Council priorities if Council considers such to be beneficial in the particular case”:-

Procurement Champion - Humphrey Todd

Egovernment Champion - Duncan Read

Health and Safety Champion - Chairman of HR Panel

(Tony Bavington)

Specialist Member - Arts and Culture

CPA - Sue Carpendale

RECOMMENDED TO COUNCIL

(1) That the deferred matters contained in Paper D241 be dealt with as outlined in paragraph 4 of Paper E255, subject to the addition in paragraph 4.3.13 of the words “…….. and where Council feels this to be necessary”.

(2) That the Acting Head of Legal and Administrative Services be authorised to draft appropriate amendments to the Constitution in relation to Recommendation (1) above and to bring the proposals to full Council for ratification.

(f) Appointment of Co-opted Members to Standards Committee (Standards Committee Minute No. 43)

The Acting Head of Legal and Administrative Services reported that the 2 year term of office of the 4 co-opted members of the Standards Committee would expire on 28 February 2006 and the interview process for persons interested in serving as co-opted members for the 2 years from 1 March 2006 had been completed and references were awaited.

RECOMMENDED TO COUNCIL

That subject to the receipt of satisfactory references where appropriate, the recommendations of the interview panel for the appointment of co-opted members to the Standards Committee for the 2 year period commencing 1 March 2006 be adopted.




Paper E247 previously circulated

(g) Review of Statement of Licensing Policy (Licensing and Appeals Committee Minute No. 23)

The Acting Head of Legal and Administrative Services submitted a report (Paper E247) advising that at its meeting on 19 October 2004, the Council adopted a Statement of Licensing Policy in accordance with the provisions of the Licensing Act 2003.

The Policy is effective for a period of three years from 7 January 2005, after which time the Policy must have been reviewed and consulted upon. The Council had however resolved that the Policy should be reviewed by the Licensing and Appeals Committee after one year, in addition to the statutory three year review.

The Committee was requested to consider revising the timing of the review in the light of the anticipated review of statutory guidance by the Government.

 

RECOMMENDED TO COUNCIL

That the first formal review of the Statement of Licensing Policy be deferred until after the publication of initially reviewed statutory Government guidance under Section 182 of the Licensing Act 2003.



Paper E282

Budget Book

7

BUDGET 2006/07

Report by Geoff Kistner, Corporate Director attached (Paper E282), together with the Budget Document.

The Council is asked to pass the necessary resolutions in relation to the Budget and for the making and collection of Council Tax as set out in Paper E282 and the relevant appendices to that Report.

8

QUESTIONS FROM THE PUBLIC

The Chairmen of Committees to answer any questions from the public of which notice has been given prior to the meeting in accordance with Council Procedure Rule No. 14.

9

QUESTIONS FROM MEMBERS

The Chairman of the Council and the Chairmen of Committees and Sub-Committees to answer any questions on any matters in relation to which the Council has powers or duties or which affect the District and which fall within the terms of reference of that Committee or Sub-Committee of which due notice has been given in accordance with Council Procedure Rule No. 15.4(a) and (b).

10

DEVELOPMENT COMMITTEE - APPOINTMENT OF REPLACEMENT SUBSTITUTE MEMBER

The Liberal Democrat Group wishes to replace Duncan Read with Chris Hunt as the substitute Member for Frances Bates on the Development Committee.

It is recommended

That Mr C J Hunt be appointed as the Substitute Member for Mrs E F Bates on the Development Committee.

11

HADLEIGH AND DISTRICT SWIMMING POOL TRUST COMMITTEE

The Acting Head of Legal and Administrative Services to report that Mr B L Lazenby, the Liberal Democrat representative on the Hadleigh Swimming Pool Trust Committee has resigned. Mr Lazenby was appointed in April 2005, at which time he was also elected Chairman of the Committee.

When the Committee was established, the Council agreed that the Committee would “comprise three Members (and substitutes) who are not ordinary Members of the Strategy Committee or the Overview and Scrutiny (Community Services) Committee.” The Committee is appointed in accordance with the political balance requirements and its current membership is as follows:-

Conservative - Desmond Keane (substitute – Peter Beer)

Independent - John Brand (substitute – Peter Jones)

Liberal Democrat - Vacancy (substitute – Frances Bates)

 

The Liberal Democrat nomination for the vacancy will be notified at the meeting.

The Council is asked to

(1) Approve the appointment of the Liberal Democrat nomination to serve on the Hadleigh Swimming Pool Trust Committee.

(2) Approve any change to the Liberal Democrat substitute, if required.

(3) Consider the election of a Chairman of the Committee for the remainder of the current year. (It is anticipated that the Committee will meet in early-mid March).

12

CHOICE BASED LETTINGS GROUP

Mr J R A Sayers has resigned from the Group. The Conservative Group has suggested that Mr G White be appointed in his place. Members will be aware that the Group is not subject to political balance requirements – however, when the Group was established, it included representation across the political groups.

It is recommended

That subject to the Council wishing to maintain political representation in the membership of the Choice Based Lettings Group, Mr G White be appointed to serve on the Group in place of Mr Sayers.

A buffet lunch will be provided in the Courtyard Restaurant.

For further information on any of the Part 1 items listed above, please contact Linda Sheppard on Ipswich (01473) 826610 or via email at committeeservices@babergh.gov.uk

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