Agenda and minutes

Members are requested to declare the existence and nature of any disclosable pecuniary interest and/or other interest in any item on the agenda.

There were no declarations of interest.

To approve as a correct record the minutes of the Council meetings held on 17 October 2018 and 21 November 2018.

The minutes of the meetings held on 17 October and 21 November 2018 were confirmed and signed as a correct record.

The Mayor gave a résumé of his engagements since the last Council meeting, which included his attendance at numerous engagements and a variety of fundraising events.

The Youth Mayor, Will Mee, updated the meeting on the work of Broxtowe Youth Voice and his attendance at various events such as remembrance parades and Christmas lights switch-ons.

No petitions were presented.

The Leader presented his report and stated that the part 2 Local Plan Examination Hearing sessions took place over two weeks from 4 December and finished on 13 December 2018.

He stated that despite the pressure applied by many in the development industry the Inspector appeared to accept the point made by the Council that the sites put forward in the Plan did meet the overall housing requirements, both in terms of overall numbers and the distribution as set out in the Core Strategy. It is also an endorsement of the extensive preparation work that went into the Plan that the majority of town and parish councils and neighbourhood forums who are in the process of preparing their own neighbourhood plans, were broadly in support of the approach the Council is taking with the Part 2 Local Plan. Many of them appeared at the examination hearing sessions and for two of the largest and complex sites, Chetwynd and Toton, the Chetwynd Neighbourhood Forum were supportive of the approach taken and the Leader thanked them and others for their support. The final stage, on the basis of receiving an Inspector’s report recommending adoption of the Plan, was to prepare a report for Full Council to enable the Plan to be adopted. This was likely to be after the local elections in May.

Further progress had been made on the redevelopment of the Beeston Town Centre site and the Leader had visited two of the three Cinema operators who were interested in coming to Beeston and negotiations were at an advanced stage.

A new house-building delivery plan was presented to the Housing Committee which sets out an ambitious new programme of house building through the Council’s Housing Revenue Account, due to the government’s relaxations on the debt cap, existing available revenue within the HRA and capital receipts from right to buy sales.  The recent Housing and Finance Committees had approved the building of two new dementia friendly bungalows on the old market site on Willoughby Street. Beeston. Other opportunities for similar developments were being looked for.

It was reported at 31 March 2018 the general fund reserves were £6.044 million compared to £4.338 million at 31 March 2015. This reflected a great team effort in managing financial resources efficiently and effectively and delivering the Council’s corporate priorities.

(Councillor R S Robinson left the meeting following the item thereon.)

63.1    The following question was submitted by Lewis Bryan for the Chair of the Community Safety Committee:

"Myself and my partner witnessed an increased number of anti-social behaviour incidents by young people during the start of the new academic year. In one recent incident my female partner witnessed three young men urinating outside the entrance to our apartment complex.

What actions have and will Broxtowe Borough Council take to ensure young new arrivals into the area respect the community they live, study and work within?"

The Chair of the Community Safety Committee responded that there were over 60,000 students studying at further education establishments in the Greater Nottingham area. While the majority of these lived in Nottingham City, some lived in the surrounding boroughs, including Broxtowe.

Broxtowe Borough Council recognised that a large percentage of these students were young people who were living away from parental controls for the first time in their lives and this could, in some cases, lead to a reduction in social responsibility and respect for their community. While this may have been understandable, it was clearly not acceptable. Anti-social behaviour could take many forms including noise from dwellings, noise in the street, as well as behaviour brought about by consumption of excess alcohol.

The Council had powers to deal directly with some anti-social behaviour (for example noise from dwellings), but also worked with a number of partners to try and minimise other aspects of such behaviour and increase respect amongst the student population for the communities in which they lived. The role of the universities themselves and Nottinghamshire Police were much bigger in this regard than that of the Council.

The Communities Team of the Public Protection Division was co-located with Nottinghamshire Police in Beeston. This enabled both organisations to work very closely on a range of issues, including dealing with anti-social behaviour. Officers from the police attended Freshers’ Week to deliver advice and information and represent both teams at this event.

Every student at Nottingham Universities signed up to the Student Charter. These had been developed and agreed in partnership with the Students’ Union. They sought to describe the environment, relationships and mutual expectations which underpinned the student experience at the University of Nottingham and Nottingham Trent University. They also contained a Code of Discipline (Nottingham University) and Code of Behaviour (Nottingham Trent).  The purpose of these was to ensure that good standards of communal life were maintained. Both set out that students were expected to adhere to the regulations, procedures and policies of the University, to show respect for the persons within, and for the property of, the University and the wider community.  Where the University believed that the behaviour of a student fell below the expected standards, the procedures in the Codes could be instigated. The Codes extended to alleged misconduct by a student occurring on or off University premises and where the affected party was the University itself, a member of the community, or a visitor.

Ultimately, legal sanctions for anti-social  ...  view the full minutes text for item 63.

64.1    The following question had been submitted by Councillor R D MacRae for the Leader of the Council:

“As you know both Councillor John McGrath and myself have asked several times if we can restart the Stapleford Working Group. We have been told this is not going to happen but told there will be a meeting with ALL Ward Councillors to discuss matters relating to Stapleford. My question is when will this meeting take place?”

The Leader responded that there was an intention to circulate potential dates to ward councillors in early January with a view to holding the meeting in late January or early February.

64.2    The following question had been submitted by Councillor J W McGrath for the Chair of the Housing Committee:

“Councillor Kerry, at the last Housing Committee meeting, it was announced that we as a Council intend to build 230 affordable houses, can we have a breakdown of how we are going to achieve this?”

The Chair responded that members of the Housing, Finance and Resources and Policy and Performance Committees would know that there were plans to build two new dementia friendly bungalows in Willoughby Street, Beeston. These would be delivered through the Capital Works Team. Proposals would be presented to the next Policy and Performance Committee to augment the Capital Works Team to build more capacity to increase delivery of social affordable and intermediate housing schemes to meet the target set by the Housing Committee.

The Chief Executive and Deputy Chief Executive were having systematic meetings with a range of registered social housing providers to explore potential partnership relationships and a sequential plan was being drawn up to ensure that best use was made of all existing assets. A meeting was planned for 9 January at which this plan, which would align with the recent social and affordable needs study, would be discussed, with a view to bringing it before the first available committee for approval.

64.3    The following question had been submitted by Councillor S A Bagshaw for the Chair of the Finance and Resources Committee:

“Would the Chair of the Finance and Resources Committee outline details of the risks associated with the roll out of Universal Credit across the Borough? At the recent Housing Performance Group it was said that up to 29% of all rental income was at risk of not being collected. Would the Chair of the Finance and Resources Committee give the total amount in figures of the rental actually at risk and what measures are being implemented to reduce the risk to the Council’s finances?”

The Chair of the Finance and Resources Committee stated that the Council had known the timetable for the implementation of Universal Credit and officers had drawn up comprehensive arrangements to mitigate its effects on both recipients and this Council.

There were two major challenges to the roll-out. Firstly, the transition period from the old to the new systems of operation. The government had made changes and these had gone some way  ...  view the full minutes text for item 64.

Councillor P J Owen provided an update on issues relating to Nuthall East and Strelley which included information concerning Severn Trent Water in relation to Gloucester Avenue.

Councillor J Doddy provided an update on issues relating to Bramcote which included information concerning embedding health issues into planning consultations.

There were no questions on Outside Bodies.

To make appointments to committees and working groups.

There were no amendments to the Committees and Working Groups.

Alcohol and Entertainments Licensing Committee

11 September 2018

The Alcohol and Entertainments Committee were advised of the consultation on the Council’s draft revised Gambling Act 2005 Statement of Principles for 2019-2021. The Council was required to publish the Statement by 3 January 2019 and implement the policy on 31 January 2019.

A copy of the Statement of Principles is available in the Members’ Room in addition to the appendices mentioned in the report.

          RECOMMENDED to Council that the Statement of Licensing Policy be approved for adoption for publication by 3 January 2019 and implementation on 31 January 2019 by Full Council on 19 December 2018.

Alcohol and Entertainments Licensing Committee

11 September 2018

The Alcohol and Entertainments Committee had been advised of the consultation on the Council’s draft revised Gambling Act 2005 Statement of Principles for 2019-2021.

RESOLVED that the Statement of Licensing Policy be approved for adoption for publication by 3 January 2019 and implementation on 31 January 2019.

Alcohol and Entertainments Licensing Committee

            11 September 2018

The Alcohol and Entertainments Committee was advised of the consultation on the Council’s draft revised Licensing Act 2003 Statement of Licensing Policy for 2019-2024. The Council was required to publish the revised policy by 7 January 2019.

A copy of the Statement of Principles is available in the Members’ Room in addition to the appendices mentioned in the report.

RECOMMENDED to Council that the Statement of Licensing Policy be approved for publication by 7 January 2019 and implementation on 7January 2019 by Full Council on 19 December 2018.

Alcohol and Entertainments Licensing Committee

11 September 2018

The Alcohol and Entertainments Committee had been advised of the consultation on the Council’s draft revised Licensing Act 2003 Statement of Licensing Policy for 2019-2024.

RESOLVED that the Statement of Licensing Policy be approved for publication by 7 January 2019 and implementation on 7January 2019.

Liberty Leisure Ltd Board Meeting

14 November 2018

Council is asked to NOTE the resignation of Andrea Stone form the Board of Directors of Liberty Leisure Ltd.

RECOMMENDED to Council that as Mr E Czerniak no longer represents the organisation from which he was appointed he should be removed from the Board of Directors of Liberty Leisure Ltd.

Liberty Leisure Ltd Board Meeting

14 November 2018

Council noted the resignation of Andrea Stone form the Board of Directors of Liberty Leisure Ltd.

RESOLVED that as Mr E Czerniak no longer represents the organisation from which he was appointed he should be removed from the Board of Directors of Liberty Leisure Ltd.

Governance, Audit and Standards Committee

            3 December 2018

Members considered the issues arising from the review of polling districts and polling places. A minor amendment was noted in relation to the name of a polling place.

RECOMMENDED to Council that:

1.            The proposed changes to the polling district boundaries between GRE2 and GRE3 and KIM4 and KIM5 respectively as set out in appendix 1 be approved.

2.            That polling places for the Broxtowe Parliamentary Constituency and the part of the Ashfield Constituency within the Broxtowe Borough area be designated as set out in appendix 2.

3.            That authority be delegated to the (Acting) Returning Officer to make any changes necessary to polling stations at short notice before an election, with any permanent changes being approved by Full Council.

Governance, Audit and Standards Committee

3 December 2018

Members considered the issues arising from the review of polling districts and polling places. A minor amendment was noted in relation to the name of a polling place.

RESOLVED that:

1.      The proposed changes to the polling district boundaries between GRE2 and GRE3 and KIM4 and KIM5 respectively as set out in appendix 1 be approved.

2.      That polling places for the Broxtowe Parliamentary Constituency and the part of the Ashfield Constituency within the Broxtowe Borough area be designated as set out in appendix 2.

3.      That authority be delegated to the (Acting) Returning Officer to make any changes necessary to polling stations at short notice before an election, with any permanent changes being approved by Full Council.

To seek approval of the Programme of Meetings for May 2019 to April 2020.

Members considered the proposed programme and were informed that in accordance with the Member Development Charter criteria the programme took account of cultural and faith commitments and had been composed so as to avoid collision with any significant dates.

RESOLVED that the Programme of Meetings for May 2019 to April 2020, as set out in the appendix, be approved.

To consider amendments to the Nottinghamshire Economic Prosperity Committee terms of reference.

At its meeting on 7 January 2014 Cabinet agreed to the establishment of a joint committee of local authorities in the City of Nottingham and Nottinghamshire to drive future investment in growth and jobs within their areas. Members considered amendments to the Nottinghamshire Economic Prosperity Committee terms of reference.

RESOLVED that:

1.            The amended terms of reference for the Economic Prosperity Committee be approved.

2.            The Council’s Constitution be amended accordingly.

To report concerns in respect of several governance issues arising from the way Council officers handled the sale of land at Redwood Crescent, and to make recommendations intended to prevent their recurrence.

Members considered a report which concerned several governance issues arising from the way Council officers had handled the sale of land at Redwood Crescent. The sale of land and garages at Redwood Crescent in Beeston, and the subsequent difficulties with the small housing development there had been the subject of much local controversy and media attention.

The report considered issues arising under the legal framework governing the Council’s power to dispose of land (section 123 of the Local Government Act 1972); issues arising under the legal framework for Assets of Community Value; and issues arising under the law, guidance and local constitutional provisions concerning Freedom of Information Act requests. The following points were amongst those raised:

• There was confidence that the Council was well placed to ensure that there was no repeat of these issues.
• Corporate governance was lacking through the process. Poor practice should have been stopped sooner and it was a failure of all involved with the Council.
• The tenacity and vigilance of the residents should be noted. The report was welcome but there were still unanswered questions. Recommendation 4 should be strengthened and it was queried whether there was a structure in place for dealing with Assets of Community Value under Recommendation 8. It was further queried what action was taken when it was realised that responses to Freedom of Information requests had been fabricated.
• There was a worry whether other items would now come to light.
• It was not right that Council amenities were being sold. The environment was being destroyed.
• The reason that officers responsible have left the authority was due to a lack of professionalism. The Council had to make decisions based on flawed advice and protocol. When the professionalism of officers is lacking then all members are vulnerable. The Council had been let down by some senior officers and there was now a need to move forward with new staff.

The Leader of the Council apologised for the circumstances that were set out in the report and assured members and residents that all necessary actions would be taken to solve current problems and prevent similar issues arising in future on other sites.

RESOLVED that:

1.            That the report be noted and the Chief Executive be requested to implement the following recommendations.

2.            That when considering sites for disposal, a site visit is carried out by a professional valuer and a record, including photographic, be taken of the land and any buildings and other characteristics including the use actually being made of it.

3.            That ward councillors be advised when any site in their ward is being considered for inclusion in a list of sites for potential disposal.

4.            That, before disposing of land, other than under short-term let or licence, the Council take professional valuation advice, which should be made independent of the purchaser.

5.            That the Council introduce procedures to ensure that its duties under section 123 of the Local Government Act 1972 are complied with, including:

(a)   provision for not disposing  ...  view the full minutes text for item 71.

To seek confirmation of the model to be adopted for the voter ID pilot in May 2019.

At the meeting of the Governance, Audit and Standards Committee on 24 September 2018 the application to take part in the voter ID pilots next year was approved on the basis of photographic ID.  Confirmation of the model to be adopted for the voter ID pilot in May 2019 was sought and it was suggested the electorate would need to be reassured that they would not be disenfranchised and it would be beneficial to gain experience by being part of the pilot. However, it was also suggested that a pilot would be costly and give rise to people feeling outside of the system

RESOLVED that the mixed model, as included in the appendix, be adopted for the Voter ID pilot in May 2019.

Members considered a report that was submitted to the Jobs and Economy Committee on 17 December 2018. HS2 had sought views on a Working Draft Environment Statement which attempted to identify the likely significant environmental effects likely to be caused by the construction and operation of the HS2 railway along the proposed route. As consultation on the draft statement was due to close on 21 December 2018 the Mayor declared that due to there being special circumstances the report would be considered as a matter of urgency under section 100B (4)(b) of the Local Government Act 1972. This would allow for all councillors to comment on the consultation. The following comments were agreed as the Council’s response:

·      The negative impacts of the construction work on HS2 are kept to a minimum.

·      Where there are unavoidable effects that these are mitigated as fully as possible.

·      All construction traffic for the station utilises the new access road to the station and not surrounding roads, keeping disturbance to a minimum to neighbouring communities.

·      There must be access maintained on both sides of the railway line to Stapleford and Sandiacre during construction.

·      The loss of the local nature reserve at Toton is avoided.

·      The Greenwood Community Centre is not demolished.

·      Other demolitions or land take are kept to the minimum that is necessary.

·      Bridge arrangements over existing roads are fit for purpose during construction work.

·      HS2 should more seriously consider a tunnelling option for the HS2 station, having regard to the potential economic impact and disruption to residents and businesses of the current proposal.

RESOLVED that the amended points be submitted as the Council’s response to the consultation.

The Council is asked to RESOLVE that the Common Seal be affixed to or the Proper Officer do sign on behalf of the Council, where appropriate, any orders, deeds or documents necessary to give effect to any resolutions of the Council or Committee.

RESOLVED that the Common Seal be affixed to or the Proper Officer do sign on behalf of the Council, where appropriate, any orders, deeds or documents necessary to give effect to any resolutions of the Council or Committee.