Agenda and minutes

Council - Monday, 10th July, 2023 6.30 pm

Venue: Council Chamber - Appletree Court, Beaulieu Road, Lyndhurst, SO43 7PA. View directions

Contact: Tel: 023 8028 5072 - Matt Wisdom  E-mail:  democratic@nfdc.gov.uk

Media

Items
No. Item

Apologies

Apologies for absence were received from Cllrs Blunden, Clark, Harrison, Mballa, Millar and Millington.

 

16.

Minutes pdf icon PDF 234 KB

To confirm the minutes of the Annual Meeting held on 22 May 2023 as a correct record.

 

Minutes:

RESOLVED:

 

That the minutes of the Annual Meeting held on 22 May 2023, be confirmed.

 

17.

Declarations of Interests

To note any declarations of interests made by members in connection with an agenda item.  The nature of the interests must also be specified.

 

Members are asked to discuss any possible interests with Democratic Services prior to the meeting.

Minutes:

There were no declarations of any disclosable pecuniary interests by Members.

 

Cllr Heron declared that he knew the owner of a company identified within Appendix 3 of Agenda Item 9, the Development of a New Operational Services Depot at Hardley Industrial Estate. Cllr Heron clarified that he would not participate in any debate, nor would he vote on this item.

 

Cllr Rackham declared, for transparency purposes, that she was the Chair of the Hounsdown Community Centre, located in close proximity to the site under discussion for Agenda Item 9, the Development of a New Operational Services Depot at Hardley Industrial Estate.  She concluded that there were no common law reasons of bias or predetermination from preventing her participation on this item.

 

18.

Chairman's Announcements

Minutes:

Engagements

 

The Chairman referred to the following recent engagements:-

 

8 June

 

Attended the Sway Place 15th Birthday with Cllr Barry Rickman, celebrating 15 years of Care UK.

 

17 June

 

Attended Fawley Armed Forces day, celebrating 10 years of this event with Fawley Parish Council at Gang Warily Recreation and Community Centre.

 

19 June

 

Raised the Armed Forces Flag with the Leader of the Council and the Council’s Armed Forces Champion, Cllr Alvin Reid.

 

26 June

 

Met with fellow Chairmen and Mayors for a tour of the Royal Hampshire Regiment Museum, Winchester, hosted by His Majesty’s Lord Lieutenant of Hampshire, Nigel Atkinson.

 

30 June

 

Attended the Gala Awards of Brockenhurst College celebrating their most outstanding students, where he presented the Apprentice of the Year Award.

 

5 July

 

Launched the West Wight Wanderer at Brockenhurst train station. This is to promote discounted travel from Brockenhurst to the Isle of Wight and from the island to the New Forest.  This promotion is led by the New Forest Community Rail Partnership but also comes from sharing best practice with the neighbouring Community Rail Partnership ‘Three Rivers’ now under Hampshire, noting their ‘Waterside Wanderer’ promotion.

 

Attended the New Forest Children’s University Graduation and presented the children with their certificates.  The Children’s University, delivered by the Hive, is a small charity working with some schools and individual families in the New Forest. They encourage and celebrate participation in extra-curricular activities in and outside of school.

 

7 July

 

His Majesty’s Lord Lieutenant of Hampshire, Mayors, Chairmen and other dignitaries attended the Hampshire Duke of Edinburgh Award Forum at the Great Hall in Winchester.  This was an opportunity for new Duke of Edinburgh Gold Award Holders across Hampshire to come together and celebrate their achievements.

 

10 July

 

Attended and laid a wreath in remembrance at the Commemoration of the Indian Soldiers Memorial in New Milton.

 

The Chairman expressed his thanks to the Vice-Chairman who, on 25 June, attended the annual Hampshire Scouts AGM, which involved a tour of the site in Brockenhurst and various activities.

 

Council Constitution

 

Members were reminded of the recent adoption of a refreshed Constitution and the new format of the agenda, where the Reports of the Cabinet, Committees and Panels were replaced with individual reports relating to the subjects which require a Council decision.  The comprehensive background reports included, or were supplemented by, the discussion and recommendations from the Cabinet, Committees and Panels.

 

The Chairman welcomed this change, as adopted by the Council, enabling focused discussion on the subjects requiring a Council decision, including all of the relevant background information and previous consideration undertaken by the Cabinet, Committees and Panels.

 

He reminded Members that Standing Orders remained the same, with each councillor entitled to speak once on each item of business.  Therefore, he asked Members to be mindful of when to choose to contribute to a debate, to support the smooth running of the meeting.  The mover of each report would be invited to respond once at the end of the debate.

 

One  ...  view the full minutes text for item 18.

19.

Leader's Announcements

Minutes:

Homes for Ukraine

 

The Leader was pleased to see how the Council was using some of its Homes for Ukraine funding towards English lessons at the library in Lymington. These lessons are one of the important ways the Council were supporting the Ukrainian community in the district, along with housing, family, and employment support.

 

374 guests had arrived in total, representing 183 households.  All had been visited by and supported by the Council’s team. This also included the prevention of 42 homeless households by supporting them to obtain private rented sector accommodation, and two others to find new hosts. The Council avoided using temporary accommodation placements other than two families prior to longer term moves.

 

Shop Doctor Programme

 

The Leader highlighted the local independent shops and hospitality businesses in the district, who took part in the mystery shopper programme.  The ‘Shop Doctor’ project was organised by the Council’s Economic Development team and 78 high street shops and hospitality businesses took part, with the majority scoring over 80% for their customer experience.  This was promoted as a wonderful result for the local economy, especially when High Streets were a crucial element of local communities.  Helping local independent retailers to continue to thrive remained a key priority for the Council.

 

20.

Private Sector Housing Enforcement Policy pdf icon PDF 217 KB

To consider the recommendations of the Cabinet meeting held on 7 June 2023.

 

Additional documents:

Minutes:

Cllr S Davies introduced the report and moved the recommendations from the Cabinet meeting held on 7 June 2023.  Cllr Cleary seconded the motion.

 

In response to a question on the number of enforcement actions, a number of Members highlighted the importance of working positively with private landlords such as via the Housing Forum, with a reflection of how successful the policy was being how engaged private sector partners were, rather than the number of enforcement actions which were considered to be a last resort.

 

Members welcomed the policy as a firm but fair approach to working in partnership with the private sector, promoting the maintaining and where possible, the raising of high standards.  Requests for a review in 12 months time were welcomed by the Portfolio Holder.

 

It was clarified that this policy did not cover short term holiday lets and apartment rentals such as Airbnb.

 

RESOLVED:

 

That the Private Sector Housing Enforcement Policy, establishing the remedies and legislative powers available to Officers to ensure housing standards are met in the private housing sector, be approved.

 

21.

Change to Dismissal Appeal Process pdf icon PDF 216 KB

To consider the recommendations of the HR Committee meeting held on 8 June 2023.

 

 

Minutes:

Cllr Cleary introduced the report and moved the recommendations from the HR Committee meeting held on 8 June 2023.  Cllr S Davies seconded the motion.

 

One Member questioned to whom the benefit of this change was, and that it may not necessarily be in the interest of the employee.

 

In response to a request for the unions response to the proposal, paragraph 12.1 of the report outlined that the Employee Side representatives had no issues or concerns with the changes proposed.

 

In summary, one Member highlighted how stressful an appeal was to an employee and bringing forward these matters in a timely manner was to the benefit of all involved in the process.  It was also highlighted that the involvement and resolution by people trained appropriately and experienced in these matters was also to the benefit of the employee and all parties, given the complexity of employment law.

 

RESOLVED:

 

1.     That the proposal to change the internal Appeal process in relation to dismissals, outlined at section 6 of the report, be agreed.

 

2.     That authority be delegated to the Monitoring Officer to make the consequential changes arising to the Constitution, which include the Appeals Committee Terms of Reference.

 

22.

Waste and Recycling Collection Policy pdf icon PDF 395 KB

To consider the recommendations of the Cabinet meeting held on 5 July 2023.

 

Additional documents:

Minutes:

Cllr S Davies introduced the report and moved the recommendations from the Cabinet meeting held on 5 July 2023 as circulated with the Supplementary Council agenda.  Cllr Cleary seconded the motion.

 

A number of questions were raised by Council Members throughout debate, including support for businesses, side waste and enforcement, ensuring that education and support was available to residents, the adaption of the service where wheeled bins were not suitable and the assisted collection policy; which brought about support to residents to collect wheeled bins from the property, rather than the kerbside.

 

Some concerns were raised over the introduction of wheeled bins to the New Forest, reflecting on its special characteristics.  This had been the subject of debate throughout the development of the waste strategy.

 

The Chairman of the Place and Sustainability Overview and Scrutiny Panel highlighted the detailed consideration undertaken in respect of the report and the Panel’s cross-party support for the recommendations.

 

In summing up, the significant work to develop the policy over the last few years was highlighted, which included regular constructive Member challenge.  Members were informed that the combining of bins was not desirable, given the risk of cross contamination and consequent impact on recycling rates.  The commitment to always support and inform before enforcement action was taken was reiterated.  The contention raised in debate over wheeled bins was addressed, with the overwhelming support and understanding at resident meetings and community events that the Portfolio Holder had attended in raising awareness of the wider waste strategy, in striving for improved rates of recycling.

 

RESOLVED:

 

That the adoption of the proposed waste and recycling collection policy and new garden waste terms and conditions for the roll-out of new collection services as set out in the Waste Strategy 2022-2027, be approved.

 

Note:-

 

During the debate on this item, clarification was sought on the ability of Members to ask questions on items throughout the course of each debate.  The Chief Executive, and Monitoring Officer both clarified a number of points.  Firstly, that the Council’s Standing Orders had always provided for each councillor to speak once on each item.  Therefore, it was not within the gift of the Chairman to facilitate a question and answer style session with immediate responses given to each question, resulting in a back and forth between Members and the relevant Portfolio Holder.  The Chairman’s remarks at the start of the meeting, that it was important for Members to decide when to contribute during a debate, was relevant to this point.  Secondly, any questions that Members asked during the course of debate could be responded to in the summing up given by the relevant Cabinet Member or Committee Chairman, who had moved the recommendations.  It was suggested that whilst Members may put any questions of their choosing during debate, those of a very technical nature may be best suited to other forums, particularly those that required an officer to provide a detailed answer.

 

23.

Garden Waste Fees and Charges 2024-25 pdf icon PDF 360 KB

To consider the recommendations of the Cabinet meeting held on 5 July 2023.

 

Additional documents:

Minutes:

Cllr S Davies introduced the report and moved the adoption of the recommendations from the Cabinet meeting held on 5 July 2023, as circulated with the Supplementary Council agenda.  Cllr Cleary seconded the motion.

 

Cllr M Wade moved an amendment, to provide the wheeled bins for the garden waste service free of charge, removing the bin supply charge of £25 noted in Appendix 1 of the report.  He highlighted his understanding of the need to bring about a more reflective charge in respect of the service but did not consider it appropriate to also charge an additional amount to supply the physical bin.  Cllr J Davies seconded the amendment.

 

The Council debated the amendment.  Those speaking in favour suggested that the physical bin required to access the service ought to be included as part of the service charge.  Some concerns were raised about fly tipping of garden waste and the free supply of bins to access the discretionary service could potentially discourage this behaviour.  One Member sought reassurance of the messaging reaching residents in a timely manner to reduce the risk of those needing to pay the supply charge.

 

Members speaking against the amendment highlighted that the cost of the wheeled bins had to be accounted for somewhere.  If the cost was not passed on through the service in some form, it would ultimately be passed across the District in the cost of the Council’s operation, including to those who did not subscribe to this discretionary service.  The overall value for money of the service was highlighted.  It was also noted that the supply charge would be applicable only to customers signing up outside of the initial sign up period, and those signing up for an additional bin.  One Member highlighted the opportunity to take green waste to household recycling centres for free and this was an additional, discretionary service which needed be properly costed.  The opportunity for residents to share bins was noted, wherever appropriate, therefore also sharing the cost.

 

In summing up the amendment, Cllr M Wade highlighted the difficulty for some residents of going to the household recycling centres, and suggested that the cost of the physical bins could be absorbed within the first year’s rise to the service charge.  In responding to the amendment, Cllr S Davies promoted the service as an additional recycling opportunity as a paid for service, at an exceptional value, including the cost of £25 for late sign-ups or additional bins, which he considered to be very reasonable.

 

A request for a recorded vote on the amendment did not gain the support of the required number of Members.

 

The amendment was put to the vote and lost.  The Council proceeded to vote on the substantive motion.

 

RESOLVED:

 

That the adoption of the proposed garden waste fees as set out in Appendix 1 of the report, applicable from 1 April 2024, be approved.

 

24.

Development of a New Operational Services Depot at Hardley Industrial Estate pdf icon PDF 1 MB

To consider the recommendations of the Cabinet meeting held on 5 July 2023.

 

Additional documents:

Minutes:

The Chairman reminded Members that Appendix 3 of the report relating to this item contained exempt information, and to be mindful of this before speaking, should the Council need to move into a non-public session.

 

Cllr S Davies introduced the report and moved the adoption of the recommendations from the Cabinet meeting held on 5 July 2023, as circulated with the Supplementary Council agenda.  Cllr Cleary seconded the motion.

 

In response to a question on the provisions made for staff, it was confirmed that staff had been fully consulted and that transport provision was being considered as part of the process.

 

RESOLVED:

 

1.     That the allocation of £7,800,000 in funding to complete this project, this figure being inclusive of all construction and relocation costs, be approved; and

 

2.     That the contractor identified in Confidential Appendix 3 be appointed as the preferred bidder to design and build the operational services depot on land at Hardley Industrial Estate.

 

 

Note – Cllr Heron requested that his abstention from the resolution above, be recorded, having not participated following the declaration of his interest.

 

25.

Questions pdf icon PDF 200 KB

To ask questions under Standing Order 22.  Questions received will be published ahead of the meeting.  (Members are reminded that questions must be submitted to Democratic Services by no later than 12.00 noon, Wednesday 5 July 2023).

 

Additional documents:

Minutes:

Questions were put and answered under Standing Order 22, as follows:-

 

·        From Cllr M Wade to the Portfolio Holder for Community, Safety and Wellbeing, Cllr Poole on community safety measures.

·        From Cllr Rackham to the Portfolio Holder for Planning and Economy, Cllr Tipp on protections for Dibden Bay.

·        From Cllr A Wade to the Leader of the Council, Cllr Jill Cleary (in the absence of the Portfolio Holder for Environment and Sustainability, Cllr Blunden) on ‘No Mow May’.

·        From Cllr J Davies to the Portfolio Holder for Community, Safety and Wellbeing, Cllr Poole on deprivation.

·        From Cllr Clark to the Portfolio Holder for Planning and Economy, Cllr Tipp (dealt with in writing in the absence of Cllr Clark) on Fawley S106.

·        From Cllr Sleep to the Portfolio Holder for Community, Safety and Wellbeing, Cllr Poole on culture on the Waterside.

·        From Cllr A Wade to the Portfolio Holder for Housing and Homelessness, Cllr S Davies on building Council homes.

 

Note – A copy of the full questions and replies are attached to these minutes.

 

26.

Notice of Motion

In accordance with Standing Order 21, Cllr Osborne will move the following motion:-

 

“Humans have already caused irreversible climate change, the impacts of which are being felt in the UK, and around the world. The global temperature has already increased by 1.2°C above pre-industrial levels and—alongside this—the natural world has reached crisis point, with 28% of plants and animals threatened with extinction. In fact, the UK is one of the most nature-depleted countries in the world as more than one in seven of our plants and animals face extinction, and more than 40% are in decline.

 

Climate change remains a major concern for voters with 66% of people (according to YouGov) expressing they are ‘worried about climate change and its effects’. Alongside this, the popularity of Sir David Attenborough’s Save Our Wild Isles initiative demonstrates public concern that UK wildlife is being destroyed at terrifying speed.

 

Climate & Ecology Bill

 

The Climate & Ecology Bill, a private member’s bill currently before the House of Commons, seeks to address the challenges that this situation poses by creating a whole-of-government approach to deliver a net zero and nature positive future.

 

Based on the latest science, the Bill aims to align current UK environmental policy with the need to halt and reverse nature loss by 2030, which was goal agreed to at COP15, via the Kunming-Montreal Framework (22 December 2022); and reduce greenhouse gas emissions in line with a fair share of the remaining global carbon budget to give the strongest chance of limiting global heating to 1.5C, which was the goal agreed to at COP21, via the Paris Agreement (12 December 2015).

 

By bridging the gap between the UK Government’s current delivery, and what has been agreed at international levels, Britain has a chance to be a world leader on the environment; seizing the opportunities of the clean energy transition, including green jobs and reduced energy bills; and boosting the UK’s food and energy security.

 

This Council notes that:

 

The Climate and Ecology Bill, which has been introduced in the UK Parliament on four occasions since 2020, including most recently in the House of Commons 10 May 2023. The Bill is backed by 168 cross-party MPs and Peers, 237  local authorities, alongside the support of eminent scientists, such as Sir David King; environmental NGOs, such as The Wildlife Trusts and CPRE; businesses, such as The Co-operative Bank; and 30,000 members of the public.

 

The Bill would require the UK Government to develop and deliver a new environmental strategy, which would include:

 

1.     Delivering a joined-up environmental plan, as the crises in climate and nature are deeply intertwined, requiring a plan that considers both together;

 

2.     Reducing emissions in line with 1.5°C, ensure emissions are reduced rapidly, for the best chance of limiting warming to 1.5°C;

 

3.     Not only halting, but also reversing the decline in nature, setting nature measurably on the path to recovery by 2030;

 

4.     Taking responsibility for our overseas footprint, both emissions and ecological;

 

5.     Prioritising nature in decision-making, and  ...  view the full agenda text for item 26.

Minutes:

In accordance with Standing Order 21, Cllr Osborne moved the following motion:-

 

 “Humans have already caused irreversible climate change, the impacts of which are being felt in the UK, and around the world. The global temperature has already increased by 1.2°C above pre-industrial levels and—alongside this—the natural world has reached crisis point, with 28% of plants and animals threatened with extinction. In fact, the UK is one of the most nature-depleted countries in the world as more than one in seven of our plants and animals face extinction, and more than 40% are in decline.

 

Climate change remains a major concern for voters with 66% of people (according to YouGov) expressing they are ‘worried about climate change and its effects’. Alongside this, the popularity of Sir David Attenborough’s Save Our Wild Isles initiative demonstrates public concern that UK wildlife is being destroyed at terrifying speed.

 

Climate & Ecology Bill

 

The Climate & Ecology Bill, a private member’s bill currently before the House of Commons, seeks to address the challenges that this situation poses by creating a whole-of-government approach to deliver a net zero and nature positive future.

 

Based on the latest science, the Bill aims to align current UK environmental policy with the need to halt and reverse nature loss by 2030, which was goal agreed to at COP15, via the Kunming-Montreal Framework (22 December 2022); and reduce greenhouse gas emissions in line with a fair share of the remaining global carbon budget to give the strongest chance of limiting global heating to 1.5C, which was the goal agreed to at COP21, via the Paris Agreement (12 December 2015).

 

By bridging the gap between the UK Government’s current delivery, and what has been agreed at international levels, Britain has a chance to be a world leader on the environment; seizing the opportunities of the clean energy transition, including green jobs and reduced energy bills; and boosting the UK’s food and energy security.

 

This Council notes that:

 

The Climate and Ecology Bill, which has been introduced in the UK Parliament on four occasions since 2020, including most recently in the House of Commons 10 May 2023. The Bill is backed by 168 cross-party MPs and Peers, 237  local authorities, alongside the support of eminent scientists, such as Sir David King; environmental NGOs, such as The Wildlife Trusts and CPRE; businesses, such as The Co-operative Bank; and 30,000 members of the public.

 

The Bill would require the UK Government to develop and deliver a new environmental strategy, which would include:

 

1.     Delivering a joined-up environmental plan, as the crises in climate and nature are deeply intertwined, requiring a plan that considers both together;

 

2.     Reducing emissions in line with 1.5°C, ensure emissions are reduced rapidly, for the best chance of limiting warming to 1.5°C;

 

3.     Not only halting, but also reversing the decline in nature, setting nature measurably on the path to recovery by 2030;

 

4.     Taking responsibility for our overseas footprint, both emissions and ecological;

 

5.     Prioritising nature in decision-making, and ending  ...  view the full minutes text for item 26.

27.

Membership of Committees and Panels

To consider any changes to the membership of Committees or Panels that might be proposed by the political groups.

Minutes:

There were no changes.