Agenda and minutes

To approve as correct the minutes of the meeting of the Council held on 19 October 2022

(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 19 October were approved as a correct record and signed by the Chairman

To receive any declarations of interest from Members

Item 7: Councillor Martin Boffey and Councillor Ruth Fletcher were members of the Neighbourhood Forum Steering Group.

Item 10 Notice of Motion: Councillor John Milne declared an interest as a West Sussex County Councillor and sat on the Committee that reviews matters in relation to the highways. Councillors Nigel Jupp and Christian Mitchell also declared that they were West Sussex County Councillors.

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

The Chairman apologised that Councillors were not invited to the staff lunch that took place on the previous day.

The Chairman then announced that Sharon Evans, the Monitoring Officer was leaving Horsham District Council. It was agreed that she would be missed and Members wished her luck for her new role.

The final announcement from the Chairman was that Lieutenant Kevin Milligan, commander of the Horsham Sea Cadets, was in attendance to return the HMS Una crest. Lieutenant Milligan explained that towns, including Horsham, were encouraged to adopt warships to replace those that had been destroyed during World War II. The residents of Horsham raised the finance to commission a submarine into the fleet and the crest was returned to Horsham District Council, to be displayed.

Councillor Toni Bradnum, Cabinet Member for Recycling and Waste announced that the Cabinet had recommended to increase Fixed Penalty Notice fines to £150, which was the maximum amount allowed by legislation. This was agreed with the aim to discourage littering, and was considered by the Policy Development Advisory Group, as well as the Cabinet. Councillor Bradnum also thanked residents who assisted in clearing roadside litter, as well as the street cleaning services.

Councillor Roger Noel, Cabinet Member for Leisure & Culture made two announcements:

• The new skate park in Horsham Park had opened on 3 December. Members from both parties were in attendance, as well as many members of the public. The project had been a success for the Council, Officers, users and friends of the park.
• The use of Horsham Museum has grown steadily under the new curator. This Christmas there would be several craft opportunities available for members of the public.

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 24 November 2022:

(a)   Update on the Council's financial position in 2022/23 and Medium-Term Financial Strategy update 2023/24 to 2026/27 (report of the Cabinet Member for Finance & Parking is available at:  Agenda item 6)

(b)   Refuse Vehicle Refurbishment Tender Award (report of the Cabinet Member for Recycling & Waste is available at: Agenda item 9)

(c)   Approval of Business Case for Horsham District Homes for affordable homes in London Road, Horsham (report of the Cabinet Member for Housing & Public Protection is available at: Agenda item 10)

UPDATE ON THE COUNCIL'S FINANCIAL POSITION IN 2022/23 AND MEDIUM-TERM FINANCIAL STRATEGY UPDATE 2023/24 TO 2026/27

Councillor Tony Hogben, Cabinet Member for Finance & Parking, stated that a high level of uncertainty around the Medium Term Financial Strategy (MTFS) remains. It was noted that CPI inflation had increased to 11.9% in October, which placed further pressure on costs, in particular building materials and maintenance. The increased interest rates had a positive impact on savings held by Horsham District Council, which would help to cover the higher costs. Councillor Hogben stated that higher parking income and raising other fees and charges would assist with projecting a balanced budget for 2023-24. The Council were awaiting information from the Government about future funding, and although the threshold for holding a referendum on Council Tax increases had been raised, if the funding gap was larger than anticipated, an increase in Council Tax would be unlikely to cover the shortfall. There would be a final report on the budget to Council in February. The proposal was seconded by Councillor Stuart Ritchie.

Councillor Martin Boffey, Shadow Cabinet Member for Finance, noted that he would support the recommendations in the report. He also raised that plans to assist with the cost of living crisis were contingent on the Council moving to a surplus position, or receiving additional support from WSCC. He highlighted that we were due to enter a steep recession, and that the Council should do more to support residents.

Councillor Tony Hogben advised that issues should have been raised at previous meetings of the Cabinet and the Overview and Scrutiny Committee. He also supported Councillor Boffey’s view that the Council should continue to support residents affected by the cost of living.

Members supported the increase in fines, and asked how these changes were due to be publicised in order to effectively act as a deterrent. Councillor Bradnum advised a press release would be issued and further ideas would be welcomed.

Councillor Jonathan Chowen, Leader of the Council, highlighted the initiatives that the Council had undertaken and requested that if Members had ideas to support disadvantaged residents that they are shared with the Cabinet. Members highlighted the positive financial position that the Council was in, in comparison with other local authorities.

It was noted that in relation to the revenue account, it was not unusual to forecast a deficit and not have a plan for how to address it. In relation to the capital budget, it was noted that the Council is in a financially strong position, but there would be a significant demand on this budget in the future.

RESOLVED:

(ii)      That the charges from 1 April 2023 for the garden waste subscription service be increased from £44 for the first bin to £49 and for any subsequent bin increased from £35 to £41.

(iii)     That Fixed Penalty Notices for littering and fly tipping be raised from £75 to £150 with a £110 early payment fee (currently £50).

(iv)    That the car park advertising fees be  ...  view the full minutes text for item CO/48

To consider the recommendation of the Employment Committee on the appointment of the Interim Head of Legal and Democratic Services/Monitoring Officer

Councillor Jonathan Chowen introduced the report and recommended that Council appoint Lauren Kelly to the post of Interim Head of Legal & Democratic Services/Monitoring Officer. Lauren had worked for the Council for a number of years and had an impressive CV. Councillor Martin Boffey, Leader of the Opposition, seconded the proposal.

RESOLVED:

i)              That the appointment of Lauren Kelly to the position of interim Head of Legal and  Democratic Services with effect from 2 January 2023 be agreed, in accordance with the  recommendation of the Employment Committee;

ii)             that the designation of Lauren Kelly as interim Monitoring Officer of Horsham District Council under Section 5 of the Local Government and Housing Act 1989, be agreed, with effect from 2 January 2023; 

iii)           that the duration of the interim post be agreed to be six months, in which to start the appointment process to the substantive role, and as necessary until such date as a substantive appointment is made and the appointee commences their duties.

REASON:

i)              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.

ii)             To ensure a timely and smooth transition until a permanent appointment can be made

To receive reports from representatives on outside bodies

Councillor van der Klugt provided an update on the South Downs National Park Authority. The SDNP were reliant on Government grants and had undertaken a restructure to balance its budget, and therefore would focus on its core programmes. The SDNP were pleased with the quality of responses to the consultation on the Shoreham Cement works, and the area action plan would be merged as a chapter in the SDNP local plan review, instead of remaining as a separate document. This would bring an 18 month delay in progressing the plan, but would account for water neutrality and be less resource intensive to review. This would also take into account the changes being implemented by the Levelling Up Act in relation to how action plans are dealt with.

To consider the report of the Cabinet Member for Planning & Development

Councillor Lynn Lambert, Cabinet Member for Planning and Development introduced the report. She advised the Council that on 20 October 2022 residents and businesses voted in favour of the Blueprint Plan. Following the successful referendum, the plan must be made and the Horsham Blueprint Neighbourhood Development Plan would gain statutory status as part of the Council’s development plan to determine future planning applications within the Neighbourhood Forum Area. The Cabinet Member thanked the volunteers and forum members who worked on the project. Councillor Tim Lloyd seconded the proposal.

Councillor Martin Boffey thanked all those who played a role, and shared their ideas. Members highlighted the importance of Neighbourhood Development Plans.

RESOLVED:

i) That the following Neighbourhood Plan be formally made as part of the statutory Development Plan for Horsham District and apply the policies within the plan for the purpose of determining planning applications within the relevant neighbourhood area:

 1. Horsham Blueprint Business Neighbourhood Development Plan 2019 - 2036

To consider the following Notice of Motion, submitted by Councillor John Milne, in accordance with Rule 4a.26 of the Council’s Constitution:

“The West Sussex Speed Limit Policy which applies across Horsham District is being reviewed.  If implemented, this revised Policy will mean that our residents will only be able to seek reduced limits in areas which already have relatively low speeds.

“For example, the Policy states that a 30mph limit can only be introduced in roads where the average speed is already less than 35mph. If the risk is much greater – for example, if average speeds exceed 40mph – then it’s likely no action will be taken.  This Policy therefore proposes to do nothing where the safety risks are greatest, while concentrating scarce Highways funds into the areas which need them least.

“We move that this Council requests that West Sussex County Council reconsider their new Speed Limit Policy, such that Horsham District residents will be able to reduce speeds in the roads where need is greatest.”

One motion had been received, as set out in the agenda.

(a)  Motion Proposed by Councillor John Milne and seconded by Councillor Ruth Fletcher

The West Sussex Speed Limit Policy which applies across Horsham District is being reviewed. If implemented, this revised Policy will mean that our residents will only be able to seek reduced limits in areas which already have relatively low speeds.

For example, the Policy states that a 30mph limit can only be introduced in roads where the average speed is already less than 35mph. If the risk is much greater – for example, if average speeds exceed 40mph – then it’s likely no action will be taken. This Policy therefore proposes to do nothing where the safety risks are greatest, while concentrating scarce Highways funds into the areas which need them least.

We move that this Council requests that West Sussex County Council reconsider their new Speed Limit Policy, such that Horsham District residents will be able to reduce speeds in the roads where need is greatest.

The proposer spoke in support of the motion and proposed to amend the motion to the following:

The West Sussex Speed Limit Policy which applies across Horsham District is being reviewed.

In the light of recent evidence that speed limit reductions have significantly higher impact on speeds and collisions than previously believed, we move that this Council requests that West Sussex County Council reconsider their new Speed Limit Policy to put greater emphasis on reducing speeds on those roads where need is greatest. We also request it to reconsider the delivery mechanism to accelerate efficient rollout both across existing roads and for new developments.

The seconder also spoke in support of the amended motion.

Councillor Tricia Youtan, Cabinet Member for Housing and Public Protection, highlighted that this was a complex issue and there was limited time available at the meeting of the Council. She therefore proposed to REFER the Motion to the Housing and Public Protection Policy Development Advisory Group for consideration, without further debate (under rule 4a.16(f) of the Constitution). The proposal was seconded by Councillor Jonathan Chowen. 

The proposal to refer the Motion was put to the vote and was CARRIED.

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

(a) Councillor Mike Croker asked Jonathan Chowen, Leader of the Council, the following question:

Following last week's press release and subsequent ministerial statement from the Department for Levelling Up, Housing and Communities, what is the cabinet members view on their likely effect on the forward plan (published on 1st December 2022) regarding the timing of decisions on the Horsham District Local Plan 2022-2039 and the Horsham District Local Plan - Local Development Scheme 2022-2025?

The Leader replied:

On 5th December, Michael Gove wrote a letter to all MPs regarding changes to the Levelling Up and Regeneration Bill.  This has slightly muddied the water for us in Horsham District as we are very close to publishing our long awaited Regulation 19 Local Plan, which will give us additional protection, along with Water Neutrality, from Developer Lead Speculative development. The letter is however, very welcome as its intentions strengthens our proposed Local Plan.

We welcome the suggestion of the removal of the legal duty to co-operate, although this is not until the end of 2024 and it being a less onerous legal bar. Whilst water neutrality may not be specifically mentioned, our legal advice is this will count as a genuine constraint and allow us to mitigate against the current Standard Methodology and our old housing targets of 1,100, to a locally evidenced based target of 600 homes a year for 5 years of current permissions to an average of 800 per year, in a stepped allocated process that delivers on our own Local Plan and Neighbourhood Plans. Or less, with continuing water neutrality and water availability.

Recently, DLUHC confirmed that having an adopted, up to date plan, is always the best way to avoid unwanted speculative development. One very important revision to the NPPF by DLUHC for us is the inclusion of Transitional Arrangements.That give Local Authorities two years to make changes to their housing targets if required.  This can only be done if the Local Plan is at an advanced stage.Legal advice has confirmed that “plans at an advanced stage” are those which have reached Regulation 19.

This transitional arrangement will allow us to scrutinise the interpretation of “genuine constraints”, local character, landscape issues along with water stress to our drinking water and sewage disposal through treatment plants and into our rivers and estuaries.

Conversely, the lack of a five year supply, and no prospect of rectifying it without a local plan, will leave the Council and District increasingly vulnerable to speculative development.  This is because we have our Part C Mitigation Strategy in place and in the public domain with Developers working hard to produce possible solutions to Water Neutrality.  As seen in the Duckmoor Development at Billingshurst.

Another welcome announcement was a change to increase the time neighbourhood plans are protected.  I am sure residents don’t know that their hard won neighbourhood plan has only limited protection at the moment of 2 years. So the suggested  ...  view the full minutes text for item CO/53

To consider matters certified by the Chairman as urgent

There was no urgent business.