Agenda and minutes

Council - Tuesday, 9th January, 2024 6.00 pm

Venue: New Council Chamber - Town Hall. View directions

Contact: Hazel Brinton 

Note: https://youtube.com/live/IBqESS3JvSY 

Items
No. Item

COU100

Chairperson's Welcome

Minutes:

The Chairperson welcomed everyone to the meeting which was being livestreamed and would be available to view within 48 hours on the North Somerset Council website.

 

She reminded members that only those present in the Chamber would be able to vote but any members joining on Teams would be able to take part in the debate.

COU101

Public Participation: David Flossman, resident - conflict in Gaza

The Council will hear any person who wishes to address it in accordance with the Standing Orders. The Chairperson will select the order of the matters to be heard.

 

Each person will be limited to a period of five minutes for public participation and deputations and three minutes for petitions.  This section of the meeting must not exceed 30 minutes and discussion must not refer to a current planning application.  

 

The Council will also receive questions from the public and provide answers thereto, subject to the Chairperson being satisfied that the questions are relevant to the business of the meeting.  

 

Requests must be submitted in writing to the Assistant Director Legal & Governance and Monitoring Officer, or to the officer mentioned at the top of this agenda letter, by noon on the day before the meeting and the request must detail the subject matter of the address.

Minutes:

David Flossman addressed members on the conflict in Gaza and asked members to support the motion before Council calling for a ceasefire.

 

COU102

Public Participation: Gareth Hiscock, resident - council treatment of deceased estates

Minutes:

Gareth Hiscock spoke on the subject of the council’s treatment of deceased residents’ properties and the policy of applying a rate of 100% council tax to properties left empty after a death once the 6-month grace period after grant of probate has expired.  He contrasted this with the application of a 25% discount for sole occupants whilst they were alive and requested that the policy be reviewed.

COU103

Public participation: Amanda Barrett, residents - Biodiversity and the EPIC planning application at Long Ashton

Minutes:

Amanda Barrett addressed members on the subject of biodiversity and the EPIC planning application at Long Ashton.  She commented on the impact of the application on the village of Long Ashton, biodiversity and the green belt and asked that the council reject the planning application.

COU104

Public participation: Tom Leimdorfer, resident - conflict in Gaza

Minutes:

Tom Leimdorfer spoke on the matter of the conflict in Gaza and asked the Council to support the later motion on Gaza and call for an immediate ceasefire, the release of hostages, the free flow of humanitarian aid and the possibility of a peaceful solution to the conflict.

COU105

Public participation: Harvey Lilley - resident - EPIC planning application in Long Ashton

Minutes:

Harvey Lilley addressed members on the subject of the EPIC planning application in Long Ashton and the outcome of a meeting held recently in Long Ashton Village Hall.  He asked the council to reject the planning application given the harm the development would have on the green belt and biodiversity and that it was not supported by the Local Plan.

COU106

Public participation: Daniel Adams - business ratepayer - Clevedon BID

Minutes:

Daniel Adams spoke on the subject of the Clevedon BID and the impact of North Somerset Council’s vote on the outcome.  He asked that the council review the process before the ballot, during the ballot and after the ballot as Clevedon businesses had asked that the council abstain from voting.  He asked that the levy was not enforced on those businesses which did not wish to pay it.

COU107

Public participation: Cathy Liddiard - resident - conflict between Israel and Hamas

Minutes:

Cathy Liddiard addressed the Council on the matter of the conflict between Israel and Hamas and asked the Council to do what it was able to end the cycle of violence.

COU108

Public participation - Amanda Barrett on the behalf of Jenny Hyndman - resident - biodiversity in the Long Ashton area

Minutes:

Amanda Barrett spoke on behalf of Jenny Hyndman, a trustee of the Long Ashton Nature and Community Environment Trust on the subject of biodiversity and the impact of climate change including the use of brownfield sites for development over green belt sites in respect of the EPIC planning application.

COU109

Declaration of Disclosable Pecuniary Interest (Standing Order 37)

A Member must declare any disclosable pecuniary interest where it relates to any matter being considered at the meeting. A declaration of a disclosable pecuniary interest should indicate the interest and the agenda item to which it relates. A Member is not permitted to participate in this agenda item by law and should immediately leave the meeting before the start of any debate.

 

If the Member leaves the meeting in respect of a declaration, he or she should ensure that the Chairperson is aware of this before he or she leaves to enable their exit from the meeting to be recorded in the minutes in accordance with Standing Order 37.

Minutes:

None declared.

COU110

Minutes pdf icon PDF 160 KB

14 November 2023, to approve as a correct record (attached)

Additional documents:

Minutes:

Resolved: that the minutes of the meeting of 11 November 2023 be approved as a correct record.

 

Councillor Waite addressed members and advised that after the request of the meeting on 11 November, she had written to the Environment Agency in December with a list of questions and asked for a full update by the end of January on the issues.  Feedback would be provided at the next Council meeting.

 

COU111

Chairperson's announcements

Minutes:

The Chairperson apologised for her not being able to attend the last Council meeting and thanked the Vice Chairperson, Councillor Crew, for chairing in her absence.

 

She extended a welcome to the recently elected member for Wrington, Councillor Thomas Daw.

COU112

MetroWest Phase 1 pdf icon PDF 161 KB

Report of Councillor Bell (attached)

Minutes:

Councillor Bell presented the report to members noting that the council expected to submit the full business case to the Department for Transport in February 2024.  A further report would be brought back to Council in the summer of 2024 with a view to funding being finalised and allowing construction to begin in August 2024.  He thanked all those involved with supporting the project.

 

Members welcomed the report and hoped for a speedy delivery of the project.

 

Motion: moved by Councillor Bell and seconded by Councillor Whitfield and

 

Resolved:  that the Council

 

1.       Delegated authority for the Leader Councillor Bell (Executive Member for Major Infrastructure Projects) to finalise and submit the project Full Business Case to the Department for Transport, on the following basis:

a)       the submission of the Full Business Case would not commit the Council to allocate any additional funding and would not increase the Council’s financial commitments beyond what had previously been authorised by Council.

b)       the total capital funding was £152.01m and was tabled in the finance section 5.7 to 5.9 of the report

c)       the Department for Transport would continue to act as the project sponsor and would own all the capital delivery risk, for any future cost escalation.  Any increase in the final estimated capital outturn cost of £152.01 million leading up to the submission of the Full Business Case would be dealt with as a request to the Department for Transport for funding as part of the submission.

d)       the Department for Transport would fund the operational costs including mobilisation costs, for the Portishead Line passenger train service, operating costs for Portishead and Pill stations, and would hold all financial liabilities relating to the operation of the train service,

e)       following approval of the Full Business Case by the Department for Transport (anticipated by late May 2024), the Department for Transport would instruct Network Rail to deliver the project.  Network Rail would deliver all the railway scope of works and the re-alignment of Quays Avenue in Portishead.  Network Rail would in turn contract North Somerset Council & the West of England Combined Authority to deliver minor scope including works to highway bridges, minor highway works, land assembly and use of Development Consent Order powers, minor ecology works and project management resources, and  

f)        following approval of the Full Business Case by the Department for Transport a further report would be brought back to Council (in summer 2024) seeking authorisation to release the unspent capital funding tabled in the finance section 5.7 to 5.9 of the report, to Network Rail (or the Department for Transport).  The report would also seek authorisation to enter into a funding agreement with Network Rail for the scope set out in e) above and to award contracts for the delivery of the scope set out in e).   

 

2.       Delegated authority for the Leader Councillor Bell (Executive Member for Major Infrastructure Projects) to enter into an addendum to the existing Funding Agreement between Network Rail and North Somerset Council (where  ...  view the full minutes text for item COU112

COU113

Development Commissioning Plans and Updates pdf icon PDF 1 MB

Report of Councillor Canniford (attached)

Minutes:

Councillor Canniford presented the report to members which provided an update on the delivery of the council’s Development Strategy as approved by the Council in February 2019 and further reported in November 2022.  He noted that the report made recommendations as to the future programme of development sites to be delivered and how these should be prioritised and that the Downside site in Portishead would be removed from the programme to allow for a discussion with Portishead Town Council to create an open green space.  He added that the council could pull out of the arrangement at any point should it not be comfortable with any part of the process.

 

In debating the report, members voiced concerns over alternative arrangements to provide affordable housing if the agreement with Portishead Town Council on the Downside site did not bring forward a deliverable plan although the intention to provide an open green space was fully supported; the development of the Castlewood site and the use of loan funding and the timescales involved in developing the Weston Town Centre sites.  They asked that the social and economic receipts of the Weston site development be locked into the decision-making process along with the financial receipts and that the local community in the areas to be developed be engaged to obtain their views on what they wished to be built.

 

Motion: moved by Councillor Canniford and seconded by Councillor Young and

 

Resolved: that the Council

 

1.       Noted the updates on delivery of the Council’s Development Strategy, including progress at Parklands Phase 1, Weston-super-Mare, and The Uplands, Nailsea.

 

2.       Endorsed the proposed prioritisation of development sites as outlined in paragraphs 3.6 – 3.12 of the report.

 

3.       Approved the revisions to the Commissioning Plans for the Dolphin Square and Walliscote Place sites in Weston-super-Mare and Castlewood site in Clevedon as set out in paragraphs 3.16 to 3.49 of the report and noted the draft specifications for the sites as set out at Appendix A of the report.

 

4.       Endorsed the commissioning of Aequus Construction Limited (via Bath & North East Somerset Council) to carry out Stage 1 and potentially Stage 2 development management for the Dolphin Square, Walliscote Place and Castlewood sites, noting that the formal decisions for award of contract of these stages of work are of a level that will be made under delegated Executive Member and/or Officer powers.

 

5.       Approved the associated budget virements to increase the council's gross expenditure budget to recognise the additional expenditure for stage 1 and 2 and an equivalent increase to the gross income budget to recognise the funding from reserves as outlined in paragraph 5.6 of the report.

 

6.       Delegated authority to the Director of Corporate Services (Section 151 Officer), in consultation with relevant Executive Members to approve the submission of funding bids to any value to support development proposals on the sites discussed in the report, should such opportunities arise.

COU114

Biodiversity and trees Supplementary Planning Document pdf icon PDF 93 KB

Report of Councillor Canniford (attached)

Additional documents:

Minutes:

Councillor Canniford presented the report noting that it had been 20 years since the last update.  The policy recognised the changes in practices and new legislation and separated the council’s policies on Biodiversity and trees into two supplementary planning documents.  He highlighted other aspects which were found in the published report.

 

In debating the report, members noted concerns over the council’s capacity to oversee and enforce the requirements of the policy and asked that the council was robust in ensuring developers fulfilled their obligations.  A request for model planning conditions was made.

 

Motion: moved by Councillor Canniford and seconded by Councillor Holland and

 

Resolved: that the Council adopted the Biodiversity Supplementary Document (SPD) be adopted as council policy.

 

COU115

Corporate Parenting Report pdf icon PDF 351 KB

Report of Councillor Gibbons (attached)

Additional documents:

Minutes:

Councillor Gibbons presented the report and noted that the report focussed on children in foster care.  She highlighted aspects of the report to members which included the importance of the role of a corporate parent as well as an overview of where children in North Somerset Council’s care lived and the council’s Mockingbird fostering scheme.

 

Resolved: that the report be noted.

COU116

Petitions to be presented by Members (Standing Order No. 16)

These have to be received by the Assistant Director Legal & Governance and Monitoring Officer by 12.00 noon on the day of the meeting. 

Minutes:

(1)      Councillor Gibbons presented a petition from Alliance Homes tenants asking for North Somerset Council’s assistance in gaining a commitment from Alliance Homes in soundproofing and maintaining their homes.

 

The petition was referred to the Assistant Director, Adult Social       Services.

 

(2)      Councillor Petty informed members that she had been advised by the solicitor that the petition she wished to present did not fulfil the criteria required by the Council’s Constitution so she would hold it over until the later motion on Gaza.      

COU117

Motions by Members (Standing Order No. 14) pdf icon PDF 47 KB

(1)  Gaza Ceasefire Motion – Councillor Tristram

(attached)

Minutes:

 

In introducing his motion, Councillor Tristram asked that alternate wording he had agreed with Councillor Gibbons be accepted by the meeting and be debated as the motion.

 

Amendment: the proposed alternate wording was moved by Councillor Gibbons and seconded by Councillor Young and adopted by Councillor Tristram.

 

Councillor Tristram read out the amended motion:

 

This Council:

 

·       Expresses deep sympathy for all those affected by the conflict in Israel and

        Palestine. To those in the North Somerset area who have been affected by  

        this conflict we offer our support in this difficult time.

 

·       Calls for an immediate release of all hostages and a sustainable ceasefire to

        allow more aid and the possibility of a peaceful resolution.

 

·       Believes Muslims, Jews and people of all faiths and no faith should feel safe

        in North Somerset and throughout the world and condemns the increase in

        antisemitic and Islamophobic abuse and violence.

 

Council thanks community leaders for the role they are playing in reducing tensions at this sensitive and difficult time. 

 

This Council resolves to:

Write to the Prime Minister, Foreign Secretary and North Somerset's two Members of Parliament, stating that the Council supports a sustainable and lasting ceasefire and asking them to do all in their power to work towards a viable two-state solution. We also ask that they recognise, with additional funding, the key role local authorities play in promoting cohesion and understanding throughout their communities by supporting the many voluntary organisations and faith groups who work together to help those affected by this and other conflicts.”

 

Motion: Moved by Councillor Tristram and seconded by Councillor Petty

 

Seven members indicated their support for a debate on the Motion and a debate ensued.

 

Amendment: Moved by Councillor Burden and seconded by Councillor Williams

 

“that the reference to a two-state solution be removed from the motion”

 

The Motion, recorded above as Amendment, was lost.

 

Members debated the motion and the content of the addresses on the topic received during public participation. The solicitor gave advice on the constitutional and legal considerations in adopting the motion as amended by Councillor Gibbons and the reason why the petition on the conflict in Gaza as presented could not be accepted by the Council.

 

Motion: moved by Councillor Bell and seconded by Councillor Petty that the question be now put.

 

Resolved: that the question be now put.

 

Following the vote, it was:

Resolved: that the Council

 

·       Expresses deep sympathy for all those affected by the conflict in Israel and

        Palestine. To those in the North Somerset area who have been affected by  

        this conflict we offer our support in this difficult time.

 

·       Calls for an immediate release of all hostages and a sustainable ceasefire to

        allow more aid and the possibility of a peaceful resolution.

 

·       Believes Muslims, Jews and people of all faiths and no faith should feel safe

        in North Somerset and throughout the world and condemns the increase in

        antisemitic and Islamophobic abuse and violence.

 

Council thanks community leaders for the role they are  ...  view the full minutes text for item COU117

COU118

Question Time (Standing Order No.18) pdf icon PDF 77 KB

Questions must relate to issues relevant to the work of the Executive, the Planning and Regulatory Committee, Employment, Licensing, Audit or Standards Sub-Committee.

 

Members are requested to supply the Democratic Services Officer with a note of each question at, or just after, the meeting.  A summary note of each question will be included in an appendix to the minutes.

Minutes:

Oral questions were directed to members concerned and the summary notes and topics involved are contained in Appendix 1.

 

COU119

Matters referred from previous meeting

None.

Minutes:

None.

COU120

Leader's announcements

Minutes:

The Chairperson ruled that agenda item 22 be admitted as urgent business under the Local Government Act 1972 and moved up the agenda due to the management interventions, which the Council was asked to support, requiring immediate implementation.

 

The Leader presented the Emergency Budget Decision report to members which highlighted the council’s in year financial pressures and the actions being undertaken by officers to address the pressures.  All members had been briefed recently on the matter and the report aimed to give members the most up to date information and for them to have the opportunity to ask questions.  He noted that the council was in an unprecedented position financially.  The report set out the mitigations which were being implemented.  Councillor Bell noted that there would be inevitable impact on services as a result of decisions.  There would be a further all member briefing on 29 January.

 

In debating the report, members asked whether a list of statutory and discretionary functions could be made available and requested ongoing community engagement with residents.  They asked for more detail on the large increase in spending in Children’s Services and whether this was due to the costs of out of area placements for children.

 

Resolved: that the Council noted the increasing pressures on the council’s revenue budget and supported the emergency measures that were being put in place by the Corporate Leadership Team to control spending.

 

COU121

Chief Executive's announcements

Minutes:

The Chief Executive welcomed Claire Shiels as the council’s new Director of Children’s Services.

 

COU122

Forward Plan dated 3 January 2024 pdf icon PDF 359 KB

(to follow)

Minutes:

Resolved: that the Forward Plan dated 3 January 2024 be noted.

 

COU123

Policy and Scrutiny Panel Report

Oral report from Councillor Bridger

Minutes:

Item was withdrawn by Councillor Bridger until a later date.

 

COU124

Reports and matters referred from the Executive - dated 6 December 2023

None.

Minutes:

None.

COU125

Reports and matters referred from the Policy/Overview and Scrutiny Panels other than those dealt with elsewhere on this agenda

None.

Minutes:

None.

COU126

Reports and matters referred from the other Committees other than those dealt with elsewhere on this agenda

None.

Minutes:

None.

COU127

Reports on joint arrangements and external organisations and questions relating thereto

(1)        Avon Fire Authority

                       

(2)        Avon and Somerset Police and Crime Panel

                       

(3)        West of England Joint Scrutiny Committee

Minutes:

(1)  Avon Fire Authority

No report.

 

(2)  Avon and Somerset Police and Crime Panel

Councillor Crew reported that an increase of £10 in the precept request by the force was anticipated.  This would reduce over a four-year period.  Recruitment of officers had been challenging but the Weston Neighbourhood Team was now fully manned, and the North team was 2/3rds complete.

 

(3)  West of England Joint Scrutiny Committee

No report as no meeting.

COU128

Urgent business permitted by the Local Government Act 1972 (if any) pdf icon PDF 106 KB

For a matter to be considered as an urgent item, the following question must be addressed:  “What harm to the public interest would flow from leaving it until the next meeting?” If harm can be demonstrated, then it is open to the Chairperson to rule that it be considered as urgent. Otherwise the matter cannot be considered urgent within the statutory provisions.

Minutes:

Item minuted under minute number COU120.