BOROUGH OF POOLE – COUNCIL – 18 SEPTEMBER 2012
BOROUGH OF POOLE
COUNCIL
18 SEPTEMBER 2012
The Meeting commenced at 7:00pm and finished at 9:25pm
Present:
Councillor Mrs Evans (Mayor)
Councillor Wilson (Deputy Mayor)
Councillor Eades (Sheriff)
Councillors Adams, Ms Atkinson, Brooke, Brown, Burden, Mrs Butt, Miss Carpenter, Chandler, Clements, Mrs Dion, Godfrey, Goodall, Mrs Haines, Howell, Mrs Le Poidevin, Maiden, Matthews, Meachin, Mrs Moore, Parker, Mrs Parkinson, Pawlowski, Potter, Rampton, Mrs Rampton, Mrs Slade, Sorton, Mrs Stribley, Trent, Mrs Walton, White, Wilkins, Mrs C Wilson and Woodcock
Members of the public present: approximately 4
C63.12PRAYERS
Prayers were said.
C64.12OBITUARIES
WPC’s Nicola Hughes and Hilary Bone
With the permission of the Mayor, Councillor Goodall drew Council’s attention to a tragic shooting incident which had occurred earlier that day in which two women Police Constables had been killed. WPC Hughes and WPC Bone had been shot whilst responding to an incident.
The Late, Former Councillor Patrick Jones
The Mayor drew Members’ attention to the death of former Conservative Bourne Valley Ward, Councillor Patrick Jones who had died in January of this year following a long, debilitating illness. He had been elected to the Council in 1976 and had stood down in May 1995.
The Council had recently been advised of the former Councillors death by his daughter.
All present stood in silent tribute.
C65.12APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors Mrs Cox, Mrs Clements, and Miss Wilson.
C66.12MINUTES
It was Moved, Seconded and RESOLVED that the Minutes of the last Meeting of the Council, held on 17 July 2012, having been previously circulated, be taken as read, confirmed and signed by the Mayor as a correct record subject to the following amendment:
Min. C54.12: Localism Act 2012 – Proposed Adoption of Revised Code of Conduct: Report of the Portfolio Holder for Resources
Para 6.0 – Definition of disclosable pecuniary interests:
Suggested amendment to definition:
delete the ‘s’ and replace with a ‘c’ to read “Licences”.
C67.12DECLARATIONS OF INTEREST
There were no declarations of disclosable pecuniary interests.
C68.12MAYOR’S COMMUNICATIONS
The Mayor drew Members’ attention to her Communications, which had been tabled that evening, referring in particular to the Poole Tai Festival which she had greatly enjoyed attending and was a great success.
C69.12PRESENTATION OF PETITIONS
(a)From Members of the Public
No petitions were received.
(b)From Members
Petitions on the following subjects were presented by Members:
(i)Petition for a 30 mph zone in Merley Park Road
Councillor Maiden presented a petition on behalf of residents of Merley calling for an amendment to the speed of traffic on the section of Merley Park Road from East End to 50 metres east of Ashington Bridge by the installation of a 30mph zone.
(ii)Petition to prevent the installation of double yellow lines on Stanley Green Road/Vicarage Road
Councillor Potter presented a petition on behalf of residents against the proposals for double yellow lines outside Stanley Green and Vicarage Roads.
(iii)Petition to stop the reopening of the footpath between Old Wareham Road and Ringwood Road
Councillor Wilson presented a petition on behalf of residents, requesting the Council to not pursue the reopening of the footpath between Old Wareham Road and Ringwood Road.
(iv)Petition to install a “no right turn” sign at the exit from the Tesco Convenience Store in Fernside Road
Councillor Mrs Walton presented a petition on behalf of residents, requesting the Council to install a “no right turn” sign at the exit from the Tesco Convenience Store in Fernside Road, stating that the current arrangement was dangerous and several close accidents had been observed by local residents.
(v)Petition from residents seeking to improve the night time economy in Ashley Cross, presented on behalf of residents by Councillor Woodcock
It was Moved, Seconded and RESOLVED
(i)that the four Petitions relating to traffic issues:
- Speed reduction in Merley Park Road
- Prevention of the installation of double yellow lines on Stanley Green Road and Vicarage Road
- Request for the Council not to reopen the footpath between Old Wareham Road and Ringwood Road
- Request for the installation of a ‘no right turn’ sign at the exit from the Tesco Convenience Store in Fernside Road
be referred to Transportation Advisory Group for consideration.
(ii)That the Petition requesting an improvement in the night time economy in Ashley Cross be referred to the Licensing Committee for consideration.
C70.12QUESTION FROM MEMBERS OF THE PUBLIC
No questions had been received.
C71.12REVISED TERMS OF REFERENCE FOR THE OVERVIEW AND SCRUTINY BOARD: REPORT OF THE CHAIRMAN OF THE OVERVIEW AND SCRUTINY BOARD
The Chairman of the Overview and Scrutiny Board, Councillor Clements, presented the Report.
It was Moved, Seconded and
RESOLVED: that Council approve the Revised Terms of Reference for the Overview and Scrutiny Board, with the addition of the words:
“Including tracking and monitoring agenda items to an appropriate conclusion, to read: “to coordinate the work of the Overview and Scrutiny Committees, including tracking and monitoring agenda items to an appropriate conclusion”.
C72.12REVISED TERMS OF REFERENCE FOR ECONOMY OVERVIEW AND SCRUTINY COMMITTEE: REPORT OF THE CHAIRMAN
The Chairman, Councillor Clements, introduced his Report and the recommendations were Moved and Seconded:
A Member sought clarification of the proposal to amend the Terms of Reference to include scrutiny of the Dorset Local Enterprise Partnership. The Committee had sought Council approval to amend its Terms of Reference to include scrutiny of the Dorset Local Enterprise Partnership and Broadband and Digital Communication as it was felt that these two areas should be added to the Terms of Reference for the Committee in order that it could scrutinise emerging areas that were of crucial importance to the local economy.
The Member felt that the Overview and Scrutiny Committee had no role in scrutinising the Local Enterprise Partnership (LEP) as it was made up of private sector businesses, the College and the Council had one place on its Board, currently the Leader of the Council was the Council’s representative.
A Member also suggested that the Broadband Digital Communications should include the monitoring of Mobile 4G, also, as this was shortly to be available in the Southampton area.
The Chairman responded, explaining that he felt the Council had a duty to scrutinise any activity which affected the Town and that the Committee was not seeking to prescribe how such work should be scrutinised but he felt the scrutiny of outside bodies was quite proper.
The Monitoring Officer was asked to advise.
The Monitoring Officer explained that he concurred with Councillor Clements’ comments, noting that there were some public sector bodies, such as the Health Authority, where the Council had mandatory powers to require representatives to attend meetings of the appropriate Overview and Scrutiny Committees but that the LEP was not within that category. He advised that the Council could scrutinise any Body within its Council’s area, providing it was not vexatious and that it was appropriate to add this proposal to the Committee’s Terms of Reference.
In conclusion, the Chairman explained that the Overview and Scrutiny Committee would explore how it took forward the process of scrutinising the LEP, noting that the Leader was the Council’s representative on that Body and it may be that it was appropriate for her to report to the Committee but that the Committee would have to decide how it wished to proceed with such a scrutiny.
A Member suggested that a protocol should be established to deal with the scrutiny of outside bodies in order to save time and public money.
It was Moved, Seconded and
RESOLVED that the Terms of Reference for the Economy Overview and Scrutiny Committee be extended to include scrutiny of the Dorset Local Enterprise Partnership.
C73.12COMMUNITY INFRASTRUCTURE LEVY (CIL): GOVERNANCE ARRANGEMENTS: REPORT OF THE CHAIRMAN OF THE ECONOMY OVERVIEW AND SCRUTINY COMMITTEE
Councillor Clements, Chairman of the Economy Overview and Scrutiny Committee, introduced his Report, the recommendations of which were Moved and Seconded. Council concurred with the suggestion that the charging schedule should be subject to annual internal review.
A number of Members spoke against the principle of a Community Infrastructure Levy, explaining that they felt the system of Developer Contribution through Section 106 Agreements was a better, more fair process.
A Member referred to paragraph 3.7 of the Report, stating that he did not agree with these funds being used to repay the loan for the Twin Sails Bridge which he felt should be funded by developer contributions from the regeneration sites at West Quay and Lower Hamworthy.
A Member expressed concern at the suggested division of CIL funds and did not wish to see all funds used for transport matters.
Some Members were concerned that CIL funding would not contribute to play facilities or affordable housing.
The Chairman explained that a further report n CIL was to be presented to Economy Overview and Scrutiny Committee on 18/10/2012 and he understood that anything funded by CIL contributions was not then eligible for Section 106 funding. It was Moved, Seconded and
RESOLVED that Council
(i)Approve the adoption of the Community Infrastructure Levy (CIL) Charging Schedule at (section 3.11) of the Report to Economy Overview and Scrutiny Committee and Council; and
(ii)that the CIL charging schedule take effect from 2 January 2013.
(iii)That the proposed charging schedule be the subject of an internal annual review process.
C74.12LOCALISM ACT 2011 – NEIGHBOURHOOD FORUMS: REPORT OF THE CHAIRMAN OF ECONOMY OVERVIEW AND SCRUTINY COMMITTEE
The Chairman, Councillor Clements, introduced his Report and the recommendation was Moved and Seconded.
Council noted that the Localism Act had introduced a concept of neighbourhood planning and, as Local Planning Authority, the Council had the function of determining whether applications for designation as a Neighbourhood Forum or as a Neighbourhood Area meet the necessary criteria, measuring against criteria set out in the Localism Act. Council approved the procedure as appended to the Report to Economy Overview and Scrutiny Committee on 13 September 2012 and to the Chairman’s Report and noted that applications should be made in writing to the Monitoring Officer of the Council on the prescribed form.
A Member felt that Ward Councillors should have more of an involvement in Neighbourhood Forums and they should not be regulated by the Council.
A Member felt that, in line with the Council’s Core Strategy, the Council was right to prepare the procedure and stated that an application from Broadstone had already been submitted for a Neighbourhood Forum. He felt the Council’s procedure and application form was clear, simple and easy to follow.
It was Moved, Seconded and
RESOLVED that the procedure as set out at paragraph 4.1 of the Report and detailed in the Procedure Document for designation of Neighbourhood Fora be approved and adopted.
C75.12NEIGHBOURHOOD PLANNING AND COMMUNITY RIGHTS ESTABLISHED BY THE LOCALISM ACT 2011: REPORT OF THE CHAIRMAN OF ECONOMY OVERVIEW AND SCRUTINY COMMITTEE
Councillor Clements, the Chairman of the Overview and Scrutiny Committee, introduced his Report. The recommendation was Moved and Seconded.
The Economy Overview and Scrutiny Committee had considered the Report at its Meeting on 13 September 2012 and Council. Council was advised of the Neighbourhood Planning and Community Rights established by the Localism Act and its likely impact on the Borough of Poole, noting that Local Planning Authorities had a duty to provide support and advice to Groups undertaking neighbourhood planning.
A number of Members raised concerns about the justification for the Council to restrict the period of time allowed for Applications.
An Amendment in the following terms was Moved and Seconded:
The addition of recommendation “the period during which “Expressions of Interest” can be submitted be reviewed in September 2013 once the impact of reorganisations have been assessed”.
It was explained that there had been a restriction in the period of application of Expressions of Interest as it was felt the Council would find it difficult to deliver over the whole period.
On being put to the vote, the Amendment as detailed above, was CARRIED.
A Member queried whether the Community Rights to Challenge over the delivery of an individual part of the Service could be clarified.
The Monitoring Officer advised that the Council had to act reasonably and thought that it had absolute power to reject but he would check and clarify and give a written response to the Member.
It was Moved, Seconded and RESOLVED:
(i)that the proposed action, as detailed in paragraph 4 of the Report to Economy Overview and Scrutiny Committee and Council in particular, under the Community Right to Challenge, the period for “Expressions of Interest” be published on the Council’s Website, commencing 1st May 2013 and concluding 31st July 2013; and
(ii)the period during which “Expressions of Interest” can be submitted be reviewed in September 2013 once the impact of reorganisation had been assessed.
C76.12 PROTOCOL FOR MANAGING UNAUTHORISED ENCAMPMENTS: REPORT OF THE CHAIRMAN OF ENVIRONMENT OVERVIEW AND SCRUTINY COMMITTEE
The Chairman of the Environment Overview and Scrutiny Committee introduced his Report, the recommendations of which were Moved and Seconded.
The Environment Overview and Scrutiny Committee had considered the legislation and National Policy Framework that influenced current practice within Poole on addressing unauthorised encampments and the Joint Protocol for responding to unauthorised encampments, approved in July 2008, was now in need of refresh. The Committee agreed that the new Protocol needed to be based on the local conurbation as opposed to the previous Dorset-wide Protocol.
It was Moved, Seconded and
RESOLVED that Council approve:
(i)a new protocol for unauthorised encampments be established, based on the local conurbation;
(ii)negotiations with Dorset Police and Bournemouth Borough Council be undertaken to develop the new protocol for unauthorised encampments, having undertaken consultation with the National Gypsy Council;
(iii)Potential temporary sites for Transit Travellers and Gypsies be investigated.
C77.12 CHRISTMAS WASTE COLLECTION & COMMUNICATION ARRANGEMENTS: REPORT OF THE CHAIRMAN OF ENVIRONMENT OVERVIEW AND SCRUTINY COMMITTEE
The Chairman of the Environment Overview and Scrutiny Committee, Councillor Trent, introduced his Report, the recommendations of which were Moved and Seconded:
At its Meeting on 6 September 2012, the Overview and Scrutiny Committee had discussed the existing operational and communication plans for the 2012/13 Christmas period waste collection service and an alternative option. The Overview and Scrutiny Committee had considered in detail the pro’s and con’s of the existing operational and communication plans and alternative options.
It was Moved, Seconded and
RESOLVED that
(i)the existing operational plans for the Christmas period waste collection service remained unchanged for 2012 whilst ensuring communication methods are maximised within existing available resources;
(ii)the operational plans for the 2013 Christmas period waste collection service be reviewed by Environment Overview and Scrutiny Committee in 6 months time.
C78.12 RELIANCE SCRAP YARD:PETITON: REPORT OF THE CHAIRMAN OF ENVIRONMENT OVERVIEW AND SCRUTINY COMMITTEE
The Chairman, Councillor Trent, introduced his Report, explaining that, at its Meeting on 6 September 2012, the Environment Overview and Scrutiny Committee considered and debated the issues surrounding the noise levels from the Reliance Scrap Yard following a petition from residents which had been presented to Council on 26 June 2012.
It was Moved, Seconded and
RESOLVED that Council approve that:
(i)dialogue be undertaken with all concerned parties (Petitioners, the Reliance Scrap Yard Management and Environment and Consumer Protection Services);
(ii)Environment and Consumer Protection Services continue to monitor the Reliance Scrap Yard hours of operation and noise levels with immediate effect;
(iii)The implementation of acoustic fencing and/or hedges, including funding options be investigated by Environment and Consumer Protection Services;
(iv)Environment and Consumer Protection Services investigate the Reliance Scrap Yard signage and, if necessary, take appropriate action, regarding the advertisement of its partnership with the Borough of Poole.
C79.12CASUAL VACANCY: BRANKSOME EAST WARD
Council was advised that former Councillor Rollo-Smith had resigned with effect from 30th August 2012 and a casual vacancy in the Branksome East Ward had been declared.
Councillor Clements, as Chairman of the Environment Overview and Scrutiny Committee, placed on record his thanks to former Councillor Rollo-Smith for work he had undertaken as his Vice-Chairman.
C80.12CHANGES IN COMMITTEE MEMBERSHIP
RESOLVED that Councillor Mrs Karen Rampton replace Councillor John Rampton as a Member of the Health and Social Care Overview and Scrutiny Committee.
C81.12NOTICE OF MOTIONS
The following Motion had been received:
(i)Barnardo’s “Cut them Free” Campaign re Sexual Exploitation of Children
“That this Council supports the Barnardo’s Campaign to cut children free from sexual exploitation and ensure that the Council takes the necessary steps to tackle the risk of this abuse in Poole and make public their commitment to developing and implementing a local Action Plan.”
Signed: Councillors Mrs Janet Walton, Mrs Sandra Moore, Mike Wilkins, Mrs Vikki Slade, Ian Potter, Mrs Carol Evans, Tony Woodcock, Mrs Marion Le Poidevin, Mrs Ann Stribley, Mrs May Haines, Chris Matthews, Phil Eades, Charles Meachin, Roy Godfrey, Mark Howell, Mrs Jennie Hodges, Graham Chandler, Ms Elaine Atkinson, Peter Maiden, Mrs Judy Butt, Mrs Chris Wilson, Mike Brooke, Mrs Jo Clements, Mrs Charmaine Parkinson.
It was Moved, Seconded and
RESOLVED that the Motion be referred to the Children and Young People Overview and Scrutiny Committee.
The following Motion had been received: