Agenda and minutes

To approve as correct the minutes of the meeting of the Council held on 26 April and of the Annual Council Meeting held on 24 May 2023

(Note: If any Member wishes to propose an amendment to the minutes they should submit this in writing to committeeservices@horsham.gov.uk at least 24 hours before the meeting.  Where applicable, the audio recording of the meeting will be checked to ensure the accuracy of the proposed amendment.)

The minutes of the meeting of the Council held on 26 April 2023 and of the Annual Council Meeting held on 24 May 2023 were approved as a correct record and signed by the Chairman.

To receive any declarations of interest from Members

Item 8 Temporary Appointment of Councillors to Parish Councils: Councillor Dennis Livingstone declared an interest as the District Councillor due to be appointed, and confirmed that he would leave the meeting for the duration of the Item.

To receive any announcements from the Chairman of the Council, the Leader, Members of the Cabinet or the Chief Executive

Councillor David Skipp, Chairman of the Council, advised that there would be an event for Armed Forces on Sunday 25 June in the Carfax and encouraged Members to attend. The Chairman also informed Members of the Flower Festival organised by St Mary’s Church that was taking place.

Councillor John Milne, Cabinet Member for Planning & Infrastructure, announced the intention to progress the Local Plan, particularly due to the risk of speculative development.

Councillor Jon Olson, Cabinet Member for Leisure, Culture & Green Spaces gave an update on events that were scheduled, including Friday Lates, Museum Lates, and free entertainment for children in Horsham Park. The events team were thanked for their work on this.

Councillor Sam Raby, Cabinet Member for Housing, Communities and Wellbeing, announced that the Wellbeing Hub would open in its new location in Swan Walk from 1 July.

To receive questions from the public under Rules 4a.2(f) and 4j1.1 – 4j1.12

No questions relevant to the business of the meeting had been received.

To receive and, if approved, adopt the recommendations from the meeting of Cabinet held on 8 June:

(a)   Adoption of Rusper Conservation Area Appraisal and Management Plan (report of the Cabinet Member for Planning & Infrastructure is available at: Agenda item 8)

(b)   Environmental Health & Licensing and Economic Development Staffing (report of the Cabinet Members for Environmental Health, Recycling & Waste and for the Local Economy & Place is available at: Agenda item 10)

ADOPTION OF RUSPER CONSERVATION AREA APPRAISAL AND MANAGEMENT PLAN

Councillor John Milne, Cabinet Member for Planning & Infrastructure advised Members of the responsibility to designate Conservation Areas and review management plans. As such, it was proposed that the Rusper Conservation area be extended to include the gardens of Ghyll Manor, to enhance the character of the existing Conservation Area and adopt the Management Plan. Consultation was undertaken early in 2023, and a request was received regarding the inclusion of the recreation ground. It was not possible to include the area as it did not have the specific historic, or architectural interest for inclusion in a Conservation Area. It was highlighted however that this did not detract from the value of the space. Councillor Ruth Fletcher seconded the motion.

Councillor Liz Kitchen commented that she shared the disappointment of residents in the ward that the recreation ground was not included in the Conservation Area. Councillor Kitchen thanked those who had completed the work, as she was otherwise content with the proposals. The Cabinet Member noted the concern and advised that the recreation ground was designated as a green space in the made Neighbourhood Plan, which should reassure residents.

            RESOLVED

(i)            That the designation of the revised Conservation Area boundary for Rusper, as shown on the Conservation Area designation map (1) included in this report, be approved;  

(ii)           That the Conservation Area Appraisal be approved and adopted, and Management Plan for Rusper, as set out in Appendix 2 be used in the determination of planning applications from 26 June 2023; and 

(iii)          That authority be delegated to the Cabinet Member for Planning & Infrastructure to approve minor editorial changes prior to final publication of the Conservation Area Appraisal and Management Plan. 

REASONS 

(i)            To formally designate the amended conservation area boundary.

(ii)           To provide updated conservation area guidance for residents, occupiers, developers and Members in determining applications and to designate the locally listed buildings.  

(iii)          To give the Cabinet Member for Planning and Infrastructure delegated authority to approve minor changes to the Conservation Area Appraisal and Management Plan.

ENVIRONMENTAL HEALTH & LICENSING AND ECONOMIC DEVELOPMENT STAFFING

Councillor Jay Mercer, Cabinet Member for Environmental Health, Recycling & Waste, advised that this proposal was in relation to succession planning and increased workload in the Environmental Health & Licensing Team in relation to the licensing of Houses of Multiple Occupation and new Government guidance on Housing Standards that is expected in Summer 2023.

Councillor Ruth Fletcher, Cabinet Member for Local Economy and Place seconded the motion and advised Members that the proposal would also enable succession planning in the Economic Development team and support increased workload in relation to projects arising from the Shared Prosperity Fund.

Councillor Paul Clarke thanked both teams for their support in relation to issues that had arisen in his ward.

            RESOLVED

That the £41,200 increase in the 2023/24 salaries budget be approved, to accommodate the creation two extra posts, one in Environmental Health team and a temporary post in Economic Development.

REASONS 

(i)            All local  ...  view the full minutes text for item CO/20

To note the report to the Overview & Scrutiny Committee held on 5 June:

Overview & Scrutiny Annual Report 2022/23 (report of the Chairman of Overview & Scrutiny Committee available at: Agenda item 6 and Scrutiny Work Programme 2023/24 available at Agenda item 7) 

Councillor Paul Clarke asked Council to note the Committee’s annual report, which provided a review of the work of the Overview & Scrutiny Committee during the municipal year 2022/23. Council were also asked to note the work programme, which set out the planned areas of consideration for the 2023/24 municipal year.

RESOLVED

That the annual report and the Overview & Scrutiny Committee’s forward plan be noted.  

REASON  

The Constitution requires the Overview and Scrutiny Committee to tell the Council about its work at the end of each municipal year and about the work it plans for the new municipal year.

To receive the report of the Chief Executive

The Chief Executive introduced the report and advised the Council that following a number of resignations, Nuthurst Parish Council had become inquorate. As such, a temporary appointment to Nuthurst Parish Council was required to ensure that they were able to operate. 

It was moved by Councillor Jay Mercer, and seconded by Councillor Martin Boffey, that the recommendation be approved.

            RESOLVED

(i)            That the temporary appointment of Councillor Dennis Livingstone to Nuthurst Parish Council be approved; and  

(ii)           That the making of an order, in the form contained in Appendix 1, for the temporary appointment of Councillor Dennis Livingstone to Nuthurst Parish Council, be authorised.     

REASON

To enable Nuthurst Parish Council to co-opt Parish Councillors to become quorate and carry out its business.

To receive the report of the Interim Head of Legal & Democratic Services and Monitoring Officer

The Interim Head of Legal & Democratic Services and Monitoring Officer introduced the report and highlighted that Council were asked to note updates to Committee membership, PDAG membership and the appointments to outside bodies. Council were also asked to approve the programme of PDAGs for the Municipal Year.

It was proposed by Councillor Martin Boffey, and seconded by Councillor Philip Circus, that the recommendations be approved.

RESOLVED

(i)            That (i) the appointment of members to the Cabinet, (ii) the Cabinet Portfolios (and functions and responsibilities thereunder) as set out in Appendix 1 and (iii) the PDAG memberships as set out in Appendix 2; be noted

(ii)           That the Interim Monitoring Officer will revise the Constitution to reflect the above changes pursuant to Article 13.3 (b) 3 of the Constitution, be noted;  

(iii)          That the PDAG programme for the Municipal Year, as set out in Appendix 3 be approved;

(iv)          That the member appointments to Outside Bodies by the Leader pursuant to Part Three, paragraph three 3.3.2 (k) of the Constitution as set out in Appendix 4 be noted; and 

(v)           That changes in Membership to the Licensing Committee and Standards Committee be noted.  

REASONS

(i)            To inform members of the (i) membership to committees, PDAGs, Cabinet and outside bodies, (ii) cabinet portfolios, and, (iii) requirement to update the Constitution to reflect the aforementioned, where required; and 

(ii)           To approve the PDAG programme for the Municipal Year.

To receive the report of the Head of Human Resources & Organisational Development

Councillor Martin Boffey stated that the Pay Policy Statement was a statutory document that the Council was required to publish, and its function was set out in the accompanying report. Councillor Mark Baynham seconded the motion.

RESOLVED  

That the Pay Policy 2023/24 be approved for publication.  

REASON  

To comply with the requirements of the Localism Act 2011, to publish an approved pay policy.

To consider the report of the Head of Human Resources & Organisational Development

Councillor Martin Boffey stated that the Council had a statutory duty to appoint a Monitoring Officer. Lauren Kelly had filled the post on an interim basis for 6 months and the Employment Committee met to consider options to appoint to the role on a permanent basis. On the basis that there was a strong internal candidate, and that the recruitment process was costly, with no guarantee of a beneficial outcome, it was proposed that Lauren Kelly be appointed as Head of Legal and Democratic Services, and Monitoring Officer. The proposal was seconded by Councillor Philip Circus.

RESOLVED

(i)            That the Employment Committee nomination of Lauren Kelly as the Head of Legal and Democratic Services and Monitoring Officer be noted;

(ii)           That the appointment of Lauren Kelly to the position of Head of Legal and Democratic Services with effect from 22 June 2023, at a starting salary of £75,231 p.a. up to £82,072 (subject to national cost of living awards) be agreed; 

(iii)          That the designation of Lauren Kelly as Monitoring Officer of Horsham District Council with effect from 22 June 2023 be agreed.  

REASONS

(i)            To make a permanent appointment to the position of Head of Legal and Democratic Services

(ii)           To comply with the provision of Section 5 of the Local Government and Housing Act 1989 in respect of the appointment of the Monitoring Officer

To receive reports from representatives on outside bodies

The representative of GATCOM, Councillor Liz Kitchen, reported that Gatwick Airport were due to submit an application for a development consent order for a second runway. Local Authorities were working on their responses to the consultation and concerns about noise and infrastructure were acknowledged.

The representative of the South East Reserve Forces and Cadets Association, Councillor Clive Trott, advised Members that the Association were keen to promote the benefits of working with the Armed Forces and association organisations, particularly in relation to the positive impact they could have on the community.

To consider the attached Notice of Motion, submitted by Councillor Mike Croker in accordance with Rule 4a.26 of the Council’s Constitution

The following Motion was moved by Councillor Mike Croker, and seconded by Councillor Colette Blackburn.

‘This Council declares a Climate and Ecological Emergency, based on the International Panel on Climate Change's AR6 Synthesis Report of March 2023 which states that humanity is in the midst of a crisis entirely of its own making. This crisis has already resulted in a global surface temperature rise of 1.1ºC, affecting many weather and climate extremes in every region across the globe, leading to widespread adverse impacts and related losses, including damage to nature and people.

We welcome the recent statement on the climate emergency and biodiversity crisis from our new council leader that “taking real action to combat these will not only be an immediate priority but will also be an ever-present consideration in all that we do throughout this term and beyond”.

In response to this rallying call, this Council accepts the inadequacy of the climate related motion it passed in June 2019 and, leading by example, will significantly increase the rate of carbon reduction associated with its own corporate plan to achieve carbon neutrality for its direct emissions by 2030 and indirect emissions by 2050.

Recognising the delay that has already occurred in encouraging meaningful carbon reductions across the District (to achieve District-wide Carbon Net Zero by 2050), this Council wishes to see the draft Climate Action Strategy (approved by Cabinet on 24 March 2023) subjected to meaningful community engagement forthwith, along with the rapid development of an appropriate and proportionate action plan to engage, activate and support residents in this joint quest.’

Councillor Mike Croker spoke in support of the motion and stated that although Horsham District Council had made some good progress, in particular with the Wilder Horsham District initiative, there was a need to act faster to tackle climate change within the authority and across the District.

There was a comprehensive debate of the motion. The discussion included consideration of the motion passed in June 2019, and the work that had been undertaken to date following this motion. Concerns were raised in relation to specific action that would follow, should the motion be passed.

Councillor Colette Blackburn spoke in support of the motion, and spoke of future consultation and engagement with communities and businesses in the development of the District wide Climate Action Strategy, as well as the value of incorporating climate concerns into decision making across all aspects of the Council’s operations.

Following a vote, the motion was declared CARRIED.

To receive questions from Members under Rules 4a.8(b) – 4a.13

Councillor Paul Clarke asked Councillor Ruth Fletcher, Cabinet Member for Local Economy & Place, the following question:

“There has been concern in the press about the ability of multi storey car parks to cope with the increased weight of passenger vehicles with the adoption of EV technology and purchasing of said vehicles.  Several car parks are reported to be unable to accept a large number of EV vehicles as the structural load bearing beams cannot take it. We in HDC depend heavily on our car park income.

We have two large multi storey carparks Swan Walk and Piries Place. The former is a lot older than the latter.

Have our two multi storey car parks been assessed as to their suitability to accommodate larger amounts of EV vehicles over the next few years? If such a study has taken place then what were the conclusions? If such a study has not been carried out then when will we be conducting such a study to verify the ongoing suitability of our key larger car parks?”

The Cabinet Member replied:

“Thank you very much for your question, Councillor Clarke. This is a good opportunity I hope to reassure you and also many residents who will have also heard the reports in the press from elsewhere,

A structural engineer report commissioned in 2017 indicated that the Swan Walk, Forum and Piries Place car parks would have been designed to the British Standard at the time of construction, which assumed a maximum weight of cars of 2500kg.  The nature of the way that car parks are designed is that even if the car park was full of very heavy cars there is sufficient factor of safety.  Piries Place car park was subsequently demolished and rebuilt in 2018 to higher structural standards.

For information even the heavier electric cars, such as Tesla Model S and Porsche Taycan weigh less than 2500kg.  Very heavy vehicles, electric or otherwise, would be too large to fit into the standard parking spaces provided in either Swan Walk or The Forum car parks but do fit into the wider spaces in Piries Place car park. We are confident that our car parks can accommodate such vehicles safely.”

Councillor Philip Circus asked the Leader, Councillor Martin Boffey, the following question:

‘Will the Leader accept that an early opportunity should be sought to review the Council's constitution given the weaknesses in its drafting that have become apparent?’

The Leader replied:

“Thank you Councillor Circus for your question. You will recall that we discussed the issue of a constitutional review when you and I met recently and I am grateful therefore to you for raising this very relevant and important question at this evening's meeting. As we know the Constitution is the Council's rule book and sets out, amongst other things, the Council's functions responsibilities processes and procedures, decision making systems and Members Code of Conduct. It goes without saying that a good Constitution provides an anchor for strong organisational and political cultures in  ...  view the full minutes text for item CO/28

To consider matters certified by the Chairman as urgent

There was no urgent business.