Agenda and minutes

To approve as correct the minutes of the meeting of the Council held on 14 December, and the extraordinary meeting of the Council held on 2 February.

(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 14 December, and the extraordinary meeting of the Council held on 2 February were approved as a correct record and signed by the Chairman.

To receive any declarations of interest from Members

There were no declarations of interest.

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

The Chairman expressed sympathy on behalf of the Council to those affected by the earthquakes in Turkey and Syria. The Chairman also invited all Members to join the silent vigil being held in the Carfax on 24 February to mark 365 days since the invasion of Ukraine.

The Leader of the Council shared her vision for the Council that focused on providing quality community services, whilst maintaining financial prudence. The importance of sustainability, and Members working together was highlighted.

The Cabinet Member for Finance & Assets highlighted the impact of the landslide on the A29 on local businesses, due to reduced passing traffic. The Cabinet Member has worked with the Economic Development and Parking Teams to increase footfall with signage and free parking, and plans had been made to support businesses to promote themselves.

The Cabinet Member for Leisure & Culture provided clarification in relation to an article about Owlbeech Woods. Council were advised that the land was purchased from the Forestry Commission in 1989 and work had taken place to retain heathland and protect species that inhabit the area. Recent visitor pressure had caused disturbance to wildlife, and therefore the decision was made to close the last enclosure to the public. This decision would be discussed at the Policy Development Advisory Group and reviewed at the end of the summer.

The Cabinet Member for Housing & Communities shared the progress on the delivery of affordable rented housing. It was noted that delays had occurred due to the coronavirus pandemic, however within the next 15 months, it was anticipated that the total affordable rented homes provided by the housing company would be 28. It was highlighted that 144 units were delivered districtwide in 2021/22, which met the definition of affordable housing, and that the Council were committed to reducing the housing register.

The Cabinet Member for Recycling & Waste reaffirmed the commitment for the Council to become the best at recycling in the country. To achieve this, food waste collection was required, and detailed work was starting now on this to allow a Cabinet discussion in the Autumn. It was noted that litter remained an issue, and the Council could learn from other authorities that have tackled the issue successfully.

The Cabinet Member for Environment and Rural Affairs advised that successful Wilder Horsham District workshops had been held. This had involved working with parish and neighbourhood councils to achieve a Nature Recovery Network. The aim was to give communities the tools required to take action, and solutions and actions were developed as part of the workshops. Feedback would be collated and parish councils would be supported in a series of meetings throughout the year. The Cabinet Member thanked the Wilder Horsham District team for their work.

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

Mr Russell Shaw asked the following question:

“I’m Russell Shaw, Chair of Plans Advisory Committee for Henfield.  At our most recent meeting, we were considering the Government’s consultation paper called ‘Levelling Up and Regeneration Bill'.  In this, there is significant emphasis on the importance and key role of Local Plans.  It seems all the more extraordinary therefore that the Cabinet members of HDC have decided not to bring forward to full Council a Local Plan for Horsham that can be moved to Regulation 19 stage.  We believe this leaves Henfield and other rural parishes especially, more vulnerable to speculative development and, as such, wanted to leave you in no doubt how disappointing we find this.

Can I ask relevant Councillors why this decision was taken in secret and without public scrutiny and why you feel that the risks, of leaving us open to undesirable speculative developers are worth taking?  Additionally, I imagine there has been a huge quantity of work undertaken by Council officers in working to draft a Local Plan -  it must be demoralising not to have all of that work discussed and voted upon by Full Council. How are you explaining this to your staff members and what are you doing to keep them motivated to continue their important work?  Thank you”

Councillor Claire Vickers, Leader of the Council replied:

Horsham District Council has adopted a “leader and cabinet model” and most councils operate in this way. As members are aware, this means that full council elects its leader who, in turn, appoints and chairs the cabinet and, each cabinet member has a specific area of responsibility.

Accordingly, Horsham District Council’s constitution provides that the Cabinet is responsible for both devising its agenda (per paragraph 4b.13 of the Cabinet Procedure Rules contained in the Constitution) – i.e.., it has the ability to bring forward initiatives, and, formulating the policy framework, of which the Local Plan is part (per paragraph 4d.1 of the Budget & Policy Framework Procedure Rules contained in the Constitution).

Naturally, the Cabinet agenda is not debated in a public forum and devised according to what initiatives are being brought forward at a particular time and this is done in consultation with the leader and its Cabinet/relevant portfolio holder as and when required. Therefore, the decision to bring initiatives forward to Cabinet for recommendation up to full council rests with the Cabinet in the first instance.

Your second point about officers, we do value the enormous amount of work that officers have done on the Local Plan. The decision to pause the plan was in light of Michael Gove’s decision to consult on amendments to the National Planning Policy Framework and we await clarification on the changes that he intends to make. Planning appeals right now are taking around 10 months before coming in front of the Planning Inspector, by which time we will have a Regulation 19 in place.

Mr Shaw stated that the main concern was that the delay could allow speculative development, that  ...  view the full minutes text for item CO/61

To receive and, if approved, adopt the recommendations from the meeting of Cabinet held on 26 January:

(a)  The 2023/24 Budget and the Medium-Term Financial Strategy to 2026/27 - the report of the Cabinet Member for Finance and Parking is available at:  Agenda item 6  

(b)  2023/24 Council Tax Reduction Scheme and Housing Benefit Modified Scheme - the report of the Cabinet Member for Finance and Parking is available at:  Agenda item 7  

(c)   Business Rates Discretionary Charitable Relief 2023/24 - the report of the Cabinet Member for Finance and Parking is available at:  Agenda item 8

(d)  Local Authority Housing Fund 2022-23 and 2023-24 - the report of the Cabinet Member for Finance and Parking is available at: Agenda item 11a)

The 2023/24 Budget and the Medium-Term Financial Strategy to 2026/27

Councillor Paul Clarke, Cabinet Member for Finance & Assets introduced this item. It was noted that there was a very small change following the receipt of the final settlement linked to the Government funding changes, but it was immaterial to the discussion of the budget. Horsham District had the 32^nd lowest Council Tax rates for 2022/23 and it was hoped that this would continue for 2023/24. The Council was forecasting to breakeven in 2023/24 and the net budget requirement for this period was £13.5m. This was £1.2m higher than 2022/23 and reflected the impact of inflation and salary cost pressures. The key features highlighted, and in recognition of the cost-of-living crisis, were:

·           an increase in Council Tax well below the current rate of inflation;

·           £1m to support those on Council Tax support and other benefits, and to support the voluntary sector;

·           £15m environmental infrastructure reserve to tackle environmental improvements and decarbonisation; and

·           £8.5m capital programme. 

The forecasted budget deficits would need action in the next 12-18 months, however the Cabinet Member advised Council that it would be possible to continue to invest, with sustained prudent financial management. Councillor Stuart Ritchie seconded the motion.

Councillor Paul Clarke proposed an amendment to recommendation 11. It was highlighted that although the District continues to be one of the safest places to live in Sussex, the fear of crime appeared to be increasing. The Cabinet Member proposed that a Horsham District Community Safety Fund of £150,000 would be established to support the Council, and other community organisations for local projects that will cut crime and antisocial behaviour and improve feelings of safety. The proposed three areas of use were:

·         To fund specific community projects, where there is a need

·         To fund specific interventions, where there is a need

·         To set aside funding for an additional Community Safety Officer (CSO), if needed

Councillor Clarke moved that recommendation (xi) be amended so that:

(i)            The “£1.6m food waste collection implementation” be amended to “£1.45m food waste collection implementation”

(ii)           And “£0.15m community safety fund” be inserted following this

Councillor Stuart Ritchie seconded the motion.

Council debated the motion, with the key point being whether a flexible fund or commitment for a Community Safety Officer was preferable.

The motion was put to the vote and the motion was CARRIED.

Councillor Martin Boffey, Leader of the Minority Group, thanked officers for their work in compiling the budget. He highlighted that the main area of concern was the net expenditure on Planning, with consideration to the delay to the Local Plan and resultant increased expenditure. The Leader of the Minority Group welcomed the earmarking of reserves for carbon reduction and other infrastructure expenditure. He also welcomed the use of the £2.9m Funding Guarantee grant to support those on the lowest incomes. However, he wanted further support to those of working age on Council Tax Support as with an award of up to £150 per household, under the 90%  ...  view the full minutes text for item CO/62

To receive the report of the Cabinet Member for Finance & Assets and to approve the formal 2023/24 Council Tax Resolution.

It was moved by Councillor Paul Clarke and seconded by Councillor Stuart Ritchie that the Council Tax resolution for 2023/24 be approved. 

In accordance with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014, the voting in respect of the motion was recorded and was as follows:

FOR THE MOTION: Matthew Allen, Andrew Baldwin, Tony Bevis, John Blackall, Martin Boffey, Toni Bradnum, Chris Brown, Jonathan Chowen, Philip Circus, Paul Clarke, Mike Croker, Ruth Fletcher, Joan Grech, Billy Greening, Tony Hogben, Nigel Jupp, Liz Kitchen, Lynn Lambert, Gordon Lindsay, Tim Lloyd, John Milne, Colin Minto, Mike Morgan, Roger Noel, Jon Olson, Bob Platt, Louise Potter, Josh Potts, Sam Raby, Stuart Ritchie, Kate Rowbottom, Jack Saheid, David Skipp, Ian Stannard, Clive Trott, Diana van der Klugt, Claire Vickers, Belinda Walters, Tricia Youtan

AGAINST THE MOTION: None

ABSTAINED: None

ABSENT: Alan Britten, Karen Burgess, Peter Burgess, Christine Costin, Ray Dawe, Brian Donnelly, Richard Landeryou, Christian Mitchell, James Wright

The motion was declared CARRIED and it was RESOLVED:

1.         The Council Tax Base 2023/24 be noted

a.         for the whole Council area as64,792.5 (Item T in the formula in section 31B of the Local Government Finance Act 1992, as amended (the “Act”) and

b.         for dwellings in those parts of its area to which as Parish Precept or Special Expenses relates as shown below:

2.       That the Council Tax requirement for the Council’s own purposes for 2023/24 (excluding Special Expenses and Parish precepts) is £166.94

3.       That the following amounts be calculated for the year 2023/24 in accordance with Sections 31 to 37 (excluding sections 32 and 33 which are applicable to Wales only) of the Act:

(a)  To receive the report to the Audit Committee held on 7 December, and if approved, to adopt the recommendations contained therein:

Capital Strategy 2023/24 Incorporating Investment and Treasury Management Strategy – report of the Director of Resources is online at: Agenda Item 12

(b)  To receive the report to the Licensing Committee held on 24 January, and if approved, to adopt the recommendations contained therein:

Hackney Carriage Fares – Rate Increase – report of the Head of Environmental Health & Licensing is online at Agenda Item 5

(c)   To receive the report to the Governance Committee held on 6 February and, if approved, to adopt the recommendation contained therein:

Interim Review of Polling Places & Constitution Amendment – report of the Returning Officer and Monitoring Officer is online at: Agenda Item 6

Capital Strategy 2023/24 incorporating Investment and Treasury Management Strategy

Councillor Stuart Ritchie, Chairman of Audit Committee, introduced the recommendation regarding the Capital Strategy, which had been approved by Audit Committee as an appropriate overarching strategy for the Council.  The recommendation, as set out in the report, required Council to approve the Treasury Management Strategy and Investment Strategy for 2023/24, which formed part of the overarching Capital Strategy. Councillor John Blackall seconded the motion.  

RESOLVED

(i)    That the Treasury Management Strategy for 2023/24 and the associated limits and specific indicators included in section 4 and appendix B of this report be approved.

(ii)   To recommend that the full Council approve the Investment Strategy for 2023/24 and the associated limits and specific indicators included in section 4 and appendix C of this report.

REASONS

(i)      The Council is required to have regard to the Chartered Institute of Public Finance and Accountancy’s Treasury Management in the Public Services: Code of Practice and Prudential Code for Capital Finance that require the Council to approve a Capital Strategy, Investment Strategy and Treasury Management Strategy before the start of each financial year.

(ii)     The Department for Levelling Up, Housing and Communities (DLUHC) issued revised guidance on local authority investments in 2018 that the Council is required to have regard to.

Hackney Carriage Fares – Rate Increase

Councillor John Blackall, Chairman of Licensing Committee introduced the recommendation for Council to approve the revised charges for the Hackney Carriage trade. Rates in Horsham District have not changed since 2012, and due to an increase in costs this proposal has been made. If approved, the charges would be brought in line with neighbouring authorities. Councillor Billy Greening seconded the motion.

RESOLVED   

That following satisfactory consultation procedure, the fares contained within        Appendix 1 be approved.

REASONS

(i)      To set standard fares throughout the district.

(ii)     To prevent fraud & overcharging of passengers.

Interim Review of Polling Places and Constitutional Amendment

Councillor Philip Circus introduced the recommendations and advised that since the scheme of polling places were adopted in 2019, changes had been required due to those polling places becoming unsuitable. The Governance Committee approved temporary changes to the scheme for the upcoming elections, and approved a delegation to the Returning Officer to make changes, in consultation with ward members, prior to an election should a polling place become unavailable. This would ensure that the electorate have appropriate places to vote, should there be changes to suitability at short notice. Councillor Mike Croker seconded the motion.

Members acknowledged that consultation had taken place, and noted that a change to the scheme for 4 May had been made following responses to that consultation.

            RESOLVED

            That the proposed amendment to the constitution at Paragraph 3.5.1, namely:

“1(a) Will, in consultation with relevant Ward Members, redesignate new Polling Places, where such becomes unavailable or unsuitable before an election.”          

be approved and the Monitoring Officer be authorised to make the required changes to the constitution.

REASON

To ensure that polling places and polling stations are relevant  ...  view the full minutes text for item CO/64

To receive the report of the Director of Resources (S151 Officer).

The Chairman of the Audit Committee presented the report and advised Members that following the decision by Council to independently appoint an external auditor, a procurement exercise was run and only one bid was received which was subsequently withdrawn. This meant that Council faced the prospect of not having an external auditor in place and therefore it was recommended that the Council accept the appointment made by the Public Sector Audits Appointments. It was highlighted that this would result in the current auditor being appointed, at a lower cost than if the auditor had gone through the public procurement process.

Councillor Tony Hogben seconded the recommendations, and Members of the Council thanked Councillor Ritchie for his contribution to the Audit Committee as Chairman.

RESOLVED:

That the Council accepted the appointment of its auditor through Public Sector Audit Appointments (PSAA) Ltd for the period 2023/24 to 2027/28. 

REASON:

The Council was unable to procure an external auditor though an independent appointment. Folding back into PSAA will result in that appointment being made. The Council is required have an external auditor. 

To receive the report of the Independent Remuneration Panel.

The Chief Executive reminded Council that the Constitution stated that Members’ allowances were increased in line with officers’ pay rises. Following the agreement of the Local Authority Pay Award in November 2022 of £1,925 regardless of pay grade, the Council asked the Independent Remuneration Panel (IRP) to consider how this award should be reflected in Members’ allowances.

Alan Ladley, Chair of the IRP, introduced the report and advised of the methodology and the evidence upon which the Panel’s conclusions and recommendations were based. The Panel proposed a 4.9% increase, to be backdated to April 2022 and highlighted that no increase to the Special Responsibility Allowances had been made since 2020.

Councillor Claire Vickers, Leader of the Council, spoke in support of the increase, whilst noting that the motivation to act as a Councillor was not financial. Members discussed the importance of remuneration to encourage diversity in Councillors, and it was highlighted that individuals Members can choose not to take their allowance, or to donate it to charity.

Councillor Martin Boffey, Leader of the Minority Group, also spoke in support of the increase. Councillor Boffey moved that recommendation (ii) be amended so that:

(i)            The “approve that the 4.90% increase is backdated to 1 April 2022” is amended to “approve that the 4.90% increase takes effect from 1 April 2023”

Councillor Vickers seconded the motion.

The motion was debated, and it was noted that the IRP were independent, and therefore it was suggested that the recommendations should be taken as provided to maintain independence in the determination of Members’ allowances. The motion was put to the vote and was LOST.

Councillor Ian Stannard moved that the recommendations in the report were put, and Councillor Billy Greening seconded the motion. The motion was CARRIED.

            RESOLVED

i)              The report and recommendations of the Independent Remuneration Panel contained in the Appendix attached to this report be noted; and 

ii)             To (i) the Members’ Allowances Scheme contained in the Appendix (which includes an uplift of 4.90% to be applied to Basic Allowances, Special Responsibility Allowances and the Co-optees’ and Representatives’ Allowances), and be agreed and adopted, and (ii) that the 4.90% increase be backdated to 1 April 2022

REASONS

i)              It is a statutory requirement that the Council instructs the IRP in relation to Members’ Allowances.

ii)             The Council must have regard to the IRP’s recommendations when agreeing Members’ Allowances. 

To consider the report of the Chief Executive.

The Chief Executive advised Members that it was recommended that the Council appoint two Deputy Electoral Registration Officers to assist the Electoral Registration Officer (ERO), and in particular provide effective cover to deal with requirements introduced by the Elections Act 2022, and other matters for the ERO.

It was moved by Councillor Claire Vickers and seconded by Councillor Martin Boffey that the recommendation be approved.

RESOLVED

That Lauren Kelly (Monitoring Officer) and Aisha Nottage (Elections Manager) be appointed to act as Deputy Electoral Registration Officers with immediate effect.

REASONS

To enable the ERO to delegate functions of the role to the two deputies.

To ensure that officers are in place to discharge effectively and efficiently the functions of the ERO at all times and within requisite legislative timeframes.

To receive the report of the Interim Head of Legal & Democratic Services.

The Interim Head of Legal & Democratic Services (Monitoring Officer) introduced the report, which outlined changes made to the Cabinet, PDAG memberships and committee membership following the appointment of Councillor Claire Vickers as Leader of the Council on 2 February 2023, and a change to the political balance, due to changes in party membership. The Cabinet reshuffle included combining the Housing & Public Protection portfolio with the Community Matters portfolio.

            RESOLVED:

            That Council noted

a)    Changes to the (i) Cabinet, (ii) Cabinet Portfolios (and functions and responsibilities thereunder) and (iii) Committee and PDAG memberships, as set out in Appendices 1 and 2 to this report and which have arisen as a result of the appointment of a new Cabinet by the Leader; and 

b)    That the Monitoring Officer will revise the constitution to reflect the above changes pursuant to Article 13.3 (b) 3 of the Constitution.

REASON

Article 7.1 (b) of the Constitution states that the Cabinet will consist of at least two but not more than nine Councillors appointed to the Cabinet by the Leader. In order to more effectively discharge the work of the Cabinet, the Leader has reconfigured the Cabinet portfolios.

To receive the report of the Chief Executive.

The Chief Executive reported on the proposed programme of Council, Cabinet and Committee meetings for 2023/24. The calendar followed a similar pattern to previous years, and Members and Officers had been consulted.

RESOLVED

That the calendar of meetings for 2023/24 as submitted be approved.

REASON

To fix a programme of Council meetings, in accordance with the Council’s Constitution, and to approve a calendar for Cabinet and Committee meetings, which enables the Council to transact its business in a timely and efficient manner.

To receive reports from representatives on outside bodies

Councillor Tony Bevis advised that a note had been sent to all Councillors in relation to the WSCC Health and Adult Social Care Scrutiny Committee consultation on stroke services, and reminded Members to submit their response.

To consider the attached Notices of Motion, submitted in accordance with Rule 4a.26 of the Council’s Constitution:

(a)     Proposed by Councillor Tricia Youtan:  The motion proposes that the Council adopts the definition of antisemitism as set out by the International Holocaust Remembrance Alliance, and adopted by the UK Government, and pledges to combat this anti-Jewish racism.

(b)     Proposed by Councillor Mike Croker:  The motion proposes that the Council asks for explanations regarding the recent decision to delay the Local Plan.

(a)    Motion proposed by Councillor Tricia Youtan and seconded by Councillor Roger Noel

Councillor Youtan proposed:

Horsham District Council expresses alarm at the rise in antisemitism across the UK in recent years. The International Holocaust Remembrance Alliance (IHRA) guidelines on antisemitism, negotiated and agreed at an international level, were adopted by the UK Government in 2016. These guidelines define antisemitism thus: 

“Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”

Contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere could, taking into account the overall context, include, but are not limited to:

• Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion.
• Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective — such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions.
• Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews.
• Denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust).
• Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust
• Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations.
• Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavour.
• Applying double standards by requiring of it a behaviour not expected or demanded of any other democratic nation.
  
  
• Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis.
  
  
• Drawing comparisons of contemporary Israeli policy to that of the Nazis

• Holding Jews collectively responsible for actions of the state of Israel.

This Council hereby adopts the above definition of antisemitism as set out by the International Holocaust Remembrance Alliance, and adopted by the UK Government, and pledges to combat this anti-Jewish racism.

Councillor Noel spoke in support of the motion and highlighted that the constitution refers to equality.

Members spoke in support of the motion, and Councillor Olson highlighted that the following the adoption of this motion, the Council should reflect on how to embed within the Code of Conduct.

The Motion was put to the vote and was CARRIED.

(b)   Motion proposed by Councillor Mike Croker and seconded by Councillor Mike Morgan

Councillor Mike Croker proposed that:

This Council regrets the recent  ...  view the full minutes text for item CO/71

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

No questions had been received.

To consider matters certified by the Chairman as urgent

There was no urgent business.