A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Council and councillors

Agenda and minutes

Venue: Council Chamber, Catmose, Oakham, Rutland, LE15 6HP - T he audio of the meeting can be listended to at https://us06web.zoom.us/j/97235420001

Contact: Governance  Email: governance@rutland.gov.uk

Media

Items
No. Item

1.

APOLOGIES

Minutes:

Apologies for absence were received from Councillors N Begy, A Brown, P Browne, K Bool and A Walters.

2.

CHAIRMAN'S ANNOUNCEMENTS

Minutes:

The Chairman informed Members that he or the Vice-Chairman had attended the following events since the last meeting of the Council:

 

·                Armistice Day at the Grounds of Oakham Castle

·                Service of Remembrance at All Saints’ Church, Oakham

·                Visit of HRH The Duke of Gloucester to Rutland Showground

·        Mayor of Melton’s Christmas Carol Service, at St Mary’s Church, Melton

 

The Chairman informed Members that he had agreed to a request from officers to change the date of Council in February from the 21st to the 28th, this was to allow for the anticipated delay in the Council’s final settlement figures from central government and the need to give due weight to the three-week public consultation and the budget scrutiny meetings taking place in January. The Chairman informed Members that the Leader had also agreed a change of the February Cabinet date from 8th to 15th February.

 

3.

ANNOUNCEMENTS FROM THE LEADER, MEMBERS OF THE CABINET OR THE HEAD OF PAID SERVICE

Minutes:

The Chairman invited Councillor O Hemsley, Leader of the Council, to make his announcements:

 

  • Councillor Hemsley advised Council that Councillor S Harvey had joined Cabinet as the Portfolio Holder for Health, Wellbeing and Adult Care
  • Councillor Hemsley expressed his thanks to all of the Council for the hard work undertaken over the past 12 months and highlighted some achievements.
  • Councillor Hemsley wished all Members and officers a very Happy Christmas.

 

The Chairman invited Councillor L Stephenson, Deputy Leader of the Council, to make her announcements:

 

  • Councillor Stephenson updated the Council on the waste survey which was currently out for consultation. 1,081 responses had been received and Councillor Stephenson thanked all for sharing. The consultation was due to close at midnight on 19th December 2021.
  • Councillor Stephenson stated that suggestions had been received from residents that more free text was required. Comments from residents were being collated and Councillor Stephenson asked Members to share these with her so residents’ views could be heard.

 

 

4.

DECLARATIONS OF INTEREST

In accordance with the Regulations, Members are invited to declare any disclosable interests under the Code of Conduct and the nature of those interests in respect of items on this Agenda and/or indicate if Section 106 of the Local Government Finance Act 1992 applies to them.

Minutes:

There were no declarations of interest.

 

 

5.

MINUTES OF PREVIOUS MEETING pdf icon PDF 232 KB

To confirm the minutes of the meeting of the Rutland County Council District Council held on 8 November 2021.

Minutes:

Consideration was given the minutes of the meetings held on 8 November 2021.

 

RESOLVED

 

That the minutes of the meetings held on 8 November 2021 be APPROVED.

 

6.

PETITIONS, DEPUTATIONS AND QUESTIONS FROM MEMBERS OF THE PUBLIC pdf icon PDF 112 KB

To receive any petitions, deputations or questions received from members of the public in accordance with the provisions of Procedure Rule 28. The total time allowed for this is 30 minutes.  Petitions, deputations and questions will be dealt with in the order in which they are received and any which are not considered within the time limit shall receive a written response after the meeting.

Minutes:

Susannah Holloway, submitted her question addressed to the Council, as published in the agenda supplement.

 

The Chairman invited Councillor I Razzell as the relevant Portfolio Holder to respond.

 

“Prior to the formal consultation period the Mallard Pass Solar Farm promotors (Windel Energy and Canadian Solar) were currently undertaking a “non-statutory” 6-week consultation, which ends on the 16th December. The Council has not yet provided any formal response to the project proposal. Officers are intending to provide a general response at this stage advising that the Council would expect a planning application and its accompanying Environmental Statement.

 

The Council will also provide comments on the applicants Statement of Community Consultation (SoCC) prior to the formal consultation period taking place in order to ensure that all relevant local communities are consulted and aware of the proposals. In relation to a possible future planning application our position regarding the preparation of a new Local Plan does not prevent the proper consideration of this or any other development proposal. The starting point will be National Planning Policy Guidance contained in the National Planning Policy Framework (NPPF) and National Planning Practice Guidance (PPG) along with the relevant policies contained in the Council’s adopted Core Strategy and Site Allocations DPD.  All of which will still be relevant to the determination of this National Infrastructure Project”.

 

Keith Busfield, submitted his question addressed to the Council, as published in the agenda supplement.

 

The Chairman invited Councillor I Razzell as the relevant Portfolio Holder to respond.

 

“The process for the consideration and determination Nationally Significant Infrastructure Projects such as this provides opportunities at different stages in the process for all those who are interested to make their views known. The process is set out on the Planning Inspectorate’s”.

 

https://infrastructure.planninginspectorate.gov.uk/application-process/participating-in-the-process/

 

As I have explained in response to the question raised by Susannah Holloway this scheme is at the first stage of consultation the Council and no doubt local communities will be seeking more detailed information before coming to planning view on the proposal. Mr Busfield you are clearly aware that ultimately the decision on any will be made by a government minister following the consideration and recommendation from the Planning Inspectorate. The Council and local communities do however have a major role to play in this process.

 

The following supplementary question was asked by Mr Busfield:

 

“The Planning Inspectorate themselves state that the time to change the plans was at stage one. The scheme was currently at stage one, and this was due to finish on 16th December 2021. What would the Council like to do in terms of responding?”.

 

Councillor Razzell stated that he had been assured by Officers that the point at which they engage is that which was already stated.

 

Adrian Forsell, submitted his question addressed to the Council, as published in the agenda supplement.

 

The Chairman invited Councillor I Razzell as the relevant Portfolio Holder to respond.

 

“As I have already explained the response of the Council at this non -statutory consultation stage is  ...  view the full minutes text for item 6.

7.

QUESTIONS FROM MEMBERS OF THE COUNCIL pdf icon PDF 14 KB

To receive any questions submitted from Members of the Council in accordance with the provisions of Procedure Rules 30 and 30A.

Minutes:

Councillor W Cross presented his question as set out in the agenda supplement.

 

The Chairman invited the Leader of the Council to respond.

 

“The report to Council in September regarding the Local Plan stated that withdrawing the Local Plan would mean that there is no longer an emerging policy basis in Rutland for the Quarry Farm allocation of 650 homes. This report also highlighted that this site is identified in South Kesteven’s adopted

Local Plan as an integral part of the comprehensive Stamford North Sustainable Urban Extension (SUE) and that it would contribute to the overall housing need for the sub-regional Strategic Housing Market.

 

Members will be aware that the South Kesteven Local Plan was adopted on the basis that the 650 homes at Quarry Farm would contribute to South Kesteven’s housing supply. The Council has sought legal advice on this matter and has entered discussions with South Kesteven as to how this situation could be resolved given the requirements placed on both authorities under the duty to co-operate. Those discussions have commenced but given the legal complexity of this situation there is no outcome from these at present, and indeed this situation may take some

time to resolve.

 

In the meantime, it should be noted that the Quarry Farm development could not in any event assist Rutland’s current housing land supply in the absence of a planning permission or a clear indication this is likely and that houses would be deliverable within 5 years”.

 

Councillor Cross asked a supplementary question regarding the timings on which an agreement had been entered with South Kesteven District Council and the extent to which this had been shared with other Councillors.

 

In response, the Leader set out that the now withdrawn Local Plan had contained a clear indication that the Council would work with South Kesteven District Councill on such a development, the Leader agreed to provide further information outside of the meeting.

 

8.

REFERRAL OF COMMITTEE DECISIONS TO THE COUNCIL

To determine matters where a decision taken by a Committee has been referred to the Council in accordance with the provisions of Procedure Rule 110.

Minutes:

There had been no referral of committee decisions to the Council.

9.

CALL-IN OF DECISIONS FROM CABINET MEETINGS DURING THE PERIOD FROM 8 NOVEMBER TO 13 DECEMBER 2021 (INCLUSIVE)

To determine matters where a decision taken by the Cabinet has been referred to Council by the call-in procedure of Scrutiny Panels, as a result of the decision being deemed to be outside the Council’s policy framework by the Monitoring Officer or not wholly in accordance with the budget by the Section 151 Officer, in accordance with the provisions of Procedure Rules 206 and 207.

Minutes:

There had been no call-in of decisions from Cabinet meetings.

10.

REPORTS FROM THE CABINET pdf icon PDF 347 KB

To receive reports from the Cabinet for noting.

 

Report No. 183/2021 – Petition Report.

 

Report No. 184/2021 – Urgent Decision taken by the Portfolio Holder for Communities, Environment and Climate Change.

 

Additional documents:

Minutes:

Report No. 183/2021 was received from the Cabinet. Councillor O Hemsley introduced the report which sought to report back to Council on the action taken in response to a Petition presented at the Council meeting on 8 November which was then referred to the Cabinet. The Cabinet considered the Petition at its meeting on 16th November 2021.

 

Councillor Hemsley advised that the swimming pool site was currently owned by Catmose College but was not fully aware of their intentions as this had not yet been progressed.

 

It was moved by Councillor Hemsley that Council noted the contents of the report. This was seconded and upon being put to the vote, the motion was unanimously carried.

 

RESOLVED

 

That Council:

 

1)    NOTED the response of Cabinet to the Petition presented to Council on 8 November.

 

Report No. 184/2021 was received from the Cabinet. Councillor L Stephenson introduced the report which sought to advise Council of an Executive Key decision concerning a Bus Service Improvement Plan for Rutland that had been taken as an urgent item under Procedure Rule 208 of the Council’s Constitution. This Rule allowed an urgent decision to be exempt from scrutiny call-in if a decision needed to be implemented as a matter of urgency. Procedure Rule 208 required a report to the next available Council meeting explaining the decision, the reasons for it and why the decision was treated as matter of urgency.

 

Cabinet considered an urgent report on 26 October 2021 recommending the approval of the Council’s draft Bus Service Improvement Plan (BSIP). Councillor Stephenson had emailed all Members ahead of the Cabinet meeting requesting any additional comments or amendments.

 

Following a statement from Members requesting that they are informed at the beginning of the process moving forward, Councillor Stephenson stated that information on the Bus Service Improvement Plan had been provided in the weekly roundup and had been mentioned informally when the Bus Back Better initiative was announced by central government before May 2021.

 

Councillor Stephenson explained to Members that Officers had been continuously asking the Department for Transport for the costs of the plan to be regularly updated. The financial information had still not been received from the Department for Transport.

 

In response to a question from Members regarding the decision-making process of Cabinet during virtual meetings, the Monitoring Officer confirmed that during the Covid pandemic the Leader had created an Executive Scheme of Delegation that the Cabinet Members could only make decisions in consultation with full Cabinet.

 

It was moved by Councillor Stephenson that Council noted the contents of the report. This was seconded and upon being put to the vote, the motion was unanimously carried.

 

RESOLVED

 

That Council:

 

In line with Procedure Rule 208 of the Council’s Constitution NOTED the urgent decision in relation to a Bus Service Improvement Plan for Rutland taken by the Portfolio Holder for Communities, Environment and Climate Change on 26 October 2021.

11.

REPORTS FROM COMMITTEES OF THE COUNCIL pdf icon PDF 280 KB

a)    To receive reports from Committees on matters which require Council approval because the Committee does not have the delegated authority to act on the Council’s behalf.

b)    To receive reports from Council Committees on any other matters and to receive questions and answers on any of those reports.

 

Report No. 162/2021 from the Planning and Licensing Committee. Council is recommended to adopt the proposed Gambling Act 2005 Statement of Principles.

 

Report No. 168/2021 from the Audit and Risk Committee. Council is recommended to approve the Terms of Reference for a Constitution Review set out in the report.

Additional documents:

Minutes:

Report No. 162/2021 was received from the Planning and Licensing Committee. Councillor E Baines, Chair of the Committee, presented the report which was to seek approval from Council to adopt the proposed Gambling Act 2005 Statement of Principles.

 

It was moved by Councillor Baines that Council adopted the proposed Gambling Act 2005 Statement of Principles set out in an Appendix to the report. This was seconded and upon being put to the vote, the motion was unanimously carried.

 

RESOLVED

 

That Council:

 

1)    ADOPTED the proposed Gambling Act 2005 Statement of Principles for Rutland County Council.

 

 

Report No. 168/2021 was received from the Audit and Risk Committee. Councillor R Powell, Chair of the Committee, presented the report which was to seek approval from Council to approve the Terms of Reference for a Constitution Review by the Constitution Review Working Group. Councillor Powell thanked all Members for their responses to the recent Member’s survey on the current Constitution.

 

In response to a Member query on the second recommendation of the report, the Monitoring Officer explained that this was for the Audit and Risk Committee and not the Council. Councillor G Waller proposed an amendment to the motion to delete recommendation 2 from the report. This was seconded and unanimously approved.

 

In response to a question from Members, The Monitoring Officer confirmed that the suggestion to formally constitute the Constitution Review Working Group as a formal body of the Council would be taken forward as part of the review itself.

 

It was moved by Councillor Powell that Council approved the contents of the report. This was seconded and upon being put to the vote, the motion was unanimously carried.

 

RESOLVED

 

That Council:

 

1)    APPROVED the Terms of Reference set out in the Report for a Constitution Review by the Constitution Review Working Group.

 

12.

REPORTS FROM SCRUTINY COMMISSION / SCRUTINY COMMITTEES

To receive the reports from the Scrutiny Commission / Scrutiny Committees on any matters and to receive questions and answers on any of those reports.

Minutes:

There were no reports from the Scrutiny Commission or Scrutiny Committees.

13.

JOINT ARRANGEMENTS AND EXTERNAL ORGANISATIONS

To receive reports about and receive questions and answers on the business of any joint arrangements or external organisations.

Minutes:

Councillor K Payne had attended the Hanson Liaison Committee on 1st December 2021 and gave a brief update to Council:

 

  • Kevin Burton from the Environment Agency was in attendance.
  • Only 1 noise complaint had been received in the last quarter and was being investigated.
  • Emissions were all well below permissible levels.
  • An update was given on the Quarry Restoration project which was planned through until 2026 and was still on target. The Liaison Committee would be invited to see some of the works in Spring 2022.
  • Hanson Cement had undertaken a thorough review of the fire which occurred in July 2021. It was caused by an electrical fault in the clinker system. As a result of the review temperature monitoring equipment had been installed, thermal imaging was now present, and a fire suppression would be installed during the annual plant shut down in January and February 2022.
  • The Environment Agency report was positive, and they had fast tracked Hanson’s application for a license to use Hydrogen generated on site by water. Councillor Payne would give an update on the level of reduction after the next Committee meeting.

 

Councillor O Hemsley attended the monthly Unitary Council’s Network meeting and gave a brief update to Council:

 

  • A discussion took place regarding the UASC. 10% of the arrivals were children.
  • Rutland had represented 25% of the children in care of the UASC.

 

 

Councillor Hemsley attended the Rural Services Network AGM and gave a brief update to Council:

 

  • Attendance had risen from 60+ to 420+ when switched to virtual and also generated savings of £25,000. By taking the decision to continue with virtual meetings.
  • Discussions took place around the change in direction of Mr Gove becoming Secretary of State, halting the Planning White Paper, a review of housing numbers, a refresh of the levelling up agenda, Council’s not being funded to deliver net zero carbon agenda and a discussion around carbon credits and how this could bring investment into an area.

 

Councillor Hemsley attended the East Midland’s Council meeting and gave a brief update to Council:

 

·       Discussions took place around County deals and the LEP review. The thought was that the work of the LEP would be brought back into accountable bodies i.e., Local Councils. Councillor Hemsley would keep the Council informed.

·       Devolution was discussed and more broadly the investment into the rail network

 

Councillor Hemsley attended the Local Enterprise Partnership Board meeting and gave a brief update to Council:

 

·       Discussions took place around the future of the LEP’s, and the launch of the UK fo

od value and work being undertaken with schools and businesses.

 

Councillor Hemsley had been in discussions with the Lincolnshire Chamber of Trade regarding a Rutland Chamber of Trade.

 

Councillor E Baines updated the Council on the Welland Partnership:

 

·       The partnership had an uncertain future due to funding difficulties, the Project Officer had been appointed to a new position and the Chairman had moved to another County.

·       A new Chairman had been appointed and an advert for a  ...  view the full minutes text for item 13.

14.

NOTICES OF MOTION

To consider any Notices of Motion submitted by Members of the Council in accordance with Procedure Rule 34 in the order in which they are recorded as having been received.

Minutes:

No Notices of Motion had been received.

 

15.

POLITICAL BALANCE AND ALLOCATION OF SEATS TO POLITICAL GROUPS pdf icon PDF 221 KB

To receive Report No. 185/2021 from the Monitoring Officer.

Additional documents:

Minutes:

Report No. 185/2021 was received from the Monitoring Officer. Councillor O Hemsley introduced the report which requested that Council approved the political balance calculation for the Council following several events to change the political makeup of the Council, agreed the number of voting places, and allocated seats to political groups on relevant committees appointed by Council. The report also requested that Council appointed a Chair of the Adults and Health Scrutiny Committee following Councillor S Harvey’s appointment to Cabinet.

 

Councillor M Oxley confirmed that the Independent and Green Group’s nomination for the new seat on the Audit and Risk Committee would be Councillor M Jones.

 

Councillor Hemsley confirmed that the new Members of the Conservative Group to be nominated to the Children’s and Young Peoples Scrutiny would be Councillors E Baines and J Fox. The new Member of the Conservative Group to be nominated the Adults and Health Scrutiny would be Councillor K Bool.

 

In response to a query on the remaining vacant seat on the Adults and Health Scrutiny Committee for a non-aligned Member, the Monitoring Officer advised Members that the seat would be filled at the next meeting of Council.

 

It was moved by Councillor Hemsley that Council adopted the political balance calculation at Table A of the report, approved the allocation of seats and noted the Political Groups nominations at Appendix A., and appointed Councillor G Waller as the Chair of the Adults and Health Scrutiny Committee the contents of the report. This was seconded and upon being put to the vote, the motion was unanimously carried.

 

RESOLVED

 

That Council:

1)    ADOPTED the political balance calculation for the Council at Table A.

 

2)    APPROVED the allocation of seats to Political Groups, as determined by the political balance, as set out in Appendix A of the report.

 

3)    NOTED the group’s nominations for the Scrutiny and Standing Committees in Appendix A based on the seats allocated, including the nominations confirmed by Group Leaders at the meeting.

 

APPOINTED Councillor G Waller as Chair of the Adults and Health Scrutiny Committee from among the membership of the Committee.

16.

NEW ARMED FORCES COVENANT LEGISLATION pdf icon PDF 234 KB

To receive Report No. 186/2021 from the Portfolio Holder for Policy, Strategy, Partnerships, Economy and Infrastructure.

Minutes:

Report No. 186/2021 was received from the Portfolio Holder for Policy, Strategy, Partnerships, Economy and Infrastructure and Councillor I Razzell  introduced the report as the Council’s Armed Forces Champion. The report outlined the progress of the Armed Forces Covenant legislation as part of the updated Armed Forces Bill, and the plans to ensure appropriate implementation in Rutland. The report referred to ‘new legislation’ throughout for ease, though it was recognised that this clause was an addition to the existing Armed Forces Bill.

 

It was moved by Councillor Razzell that Council noted the contents of the report and endorsed the approach. This was seconded and upon being put to the vote, the motion was unanimously carried.

 

RESOLVED

 

That Council:

 

1)    NOTED the implications of the forthcoming amendment to the Armed Forces Bill for Rutland.

 

2)    ENDORSED the approach used to manage implementation of the new legislative requirements.

 

 

17.

ANY URGENT BUSINESS

To receive items of urgent business which have been previously notified to the person presiding.

Minutes:

There were no items of urgent business for consideration.