Agenda and minutes

To approve as correct the minutes of the meetings of the Council held on 9^th December 2015 and 28^th January 2016

The minutes of the meetings of the Council held on 9^th December 2015 and 28^th January 2016 were approved as correct records 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 of the Council referred to the recent deaths of Barbara Palmer, a former Member and Chairman of the Council, and Malcolm Curnock, a former Member.  Tributes were paid by current Members and a moment’s silence was observed as a mark of respect.

In view of the Notice of Motion later on the agenda, the Deputy Leader made a statement indicating that the Council would continue to honour its statutory obligations under the Environmental Protection Act 1990 to clean all roads in the District, including the B2139, as and when it was felt necessary. Also, this issue was to be considered at the next meeting of the Cabinet Member’s Clean & Tidy Advisory Group and that the matter would be referred to Cabinet for consideration if appropriate.  The Deputy Leader thanked both Councillor Baldwin for highlighting this issue and the many Adopt a Street Volunteers and other residents across the District who gave up their time to litter pick public areas in their own neighbourhoods.   It was appropriate that this issue was highlighted as the Country prepared to mark the Queen’s 90th Birthday with a "Clean for the Queen Weekend" from 4th to 6th March 2016.  It was hoped that all Members would be able to join at least one of the many events being organised across the District and that perhaps all the effort and publicity would persuade others not to drop litter in the first place.

The Deputy Leader and Cabinet Member for Leisure and Culture also referred to the official opening of the high ropes in Horsham Park which had taken place on 22^nd February 2016.

The Cabinet Member for Local Economy congratulated Horsham Markets on winning the Sussex Farmers Market of the Year category at the Sussex Food & Drink Awards this year, the second time they had achieved this accolade in the last three years.

To receive an update on the Chairman’s Trust

The Chairman indicated that, in view of the amount of business on the agenda, she had decided to deal with this item by means of an e-mail, which had been sent to all Members, rather than a presentation at the meeting.

To receive questions from the public

(1) Mr Kornycky asked the following questions:

On 11th August & 7th September last year, having been dissatisfied with the data released under 2 Freedom of Information requests, I asked for an internal review of each. Such requests require a maximum 40 working day turnaround under the Environmental Information Regulations, (EIR) Regulation 11.

HDC are well aware of this obligation having been formally admonished regarding this exact point in 2014 by the Information Commissioners Office, the ICO.

As the deadlines approached, I sent reminders, all of which failed to elicit any response from HDC. I even called & left unanswered messages.

Being totally ignored, I had no alternative but to refer these cases to the ICO.

Eventually, on 25^th January 2016 the ICO advised me as follows:

“I wrote to the Council about your complaint on 21 December, to make enquiries about its withholding of the information you originally asked for in July 2015. The Council has now reversed its position in respect of your requests.

The Council's disclosure has been made significantly later than the compliance period which the EIR requires and it is for this reason that the Commissioner will record a breach of Regulation 5(2) against the Council. Recording this breach allows the Commissioner to gather information about the general compliance of this local authority.”

So, after a 6 month struggle, I now have all the originally requested information, but only thanks to the ICO & certainly not to HDC.

Q1. Why did this blatant breach of procedures happen?

Q2. What steps are you taking to prevent any recurrence?

Councillor Jonathan Chowen, the Deputy Leader replied as follows:

Thank you for your questions Mr Kornycky. The matter of the delay in dealing with your freedom of information request was dealt with last week at our Finance and Performance Working Group. I am told you have now received a letter from our Monitoring Officer that provides a full response to your question and also deals with the second question you have posed this evening. A copy of the response you were sent will be printed in the minutes of this meeting.

The response sent to Mr Kornycky was as follows:

“I write further to your email to the Chairman of Finance & Performance Working Group dated 14 February 2016 in which you make comment on the Freedom of Information performance report. The Chairman asked for my response to your email so I set out below the full and un-redacted text of my response. You will note I have referred to you as a member of the public, rather than by name, because the letter may have been read out and I thought it was not appropriate to refer to you by name.

Once again can I apologise for the delay in dealing with your request for a review. I know it may not be of comfort for you to see me referring to our excellent performance in dealing with the vast majority of requests given the delay in your case  ...  view the full minutes text for item CO/77

To receive questions from Members under Rule 10.2 (Questions by Members on notice)

No questions had been received.

To receive recommendations from the meeting of the Cabinet held on 28th January 2016 on the Corporate Plan 2016 to 2019

(Report to Cabinet regarding this item online at: Cabinet_agenda)

Corporate Plan 2016 to 2019

The Deputy Leader reported that, prior to the local elections in 2015, it had been agreed that the Council’s 2011 to 2015 District Plan priorities would be revised following the elections.  To enable budgets and service plans for 2015/16 to be set the priorities in the District Plan had been carried forward for the current financial year.  In recent months Cabinet Members had discussed revisions to the District Plan with the Senior Leadership Team and had identified a set of draft priorities, which were set out in the report to Cabinet.

If approved by Council, the draft priorities together with the Budget recommendations would both form the basis for the 2016/17 departmental service plans.

The priorities were grouped and presented under four broad headings, which covered the Council’s economic, environmental, social and organisational responsibilities.  These four themes would replace the six contained in the last District Plan and would help put individual priorities and the routine work of the Council in context.

                        RESOLVED

That the draft Corporate Plan be adopted as submitted.

REASON

To ensure that Corporate Priorities for the remainder of the current Council are clarified and form the basis of service plans and related activity across the Council.

(Please note that the report of the Director of Corporate Resources to Cabinet on the 2016/17 Budget and the Medium Term Financial Strategy is appended at the end of this agenda)

(a)        The 2016/17 Budget and the Medium Term Financial Strategy to 2019/20

In accordance with Rule 13.5 of Part 4A of the Constitution, the Chairman of the Council gave her consent to the Cabinet Member for Finance and Assets and the Leader of the Liberal Democrat Group each speaking for longer than five minutes on this item, if they wished to do so.

Further to the detailed consideration of the Budget for 2016/17 by the Cabinet, Councillor Brian Donnelly, the Cabinet Member for Finance and Assets introduced this item; presented the recommendations of the Cabinet in respect of the 2016/17 budget and moved that they be approved. Councillor Peter Burgess seconded the proposal.

Councillor Donnelly reminded Members that, whilst the recommendations from Cabinet proposed a balanced budget for 2016/17, the Council faced significant financial pressure in future years. 

The budget for 2016/17 reflected the hard work of officers to increase income opportunities and reduce costs via efficiencies.  The proposed small increase in council tax of 1.2% was in line with the local Conservative Group’s pledge at the last elections that any rise would be no more than RPI and recognised the impact that such increases had on many of the District’s residents.

Councillor David Skipp, Leader of the Liberal Democrat Group also addressed the Council.  He also expressed his appreciation of the work undertaken by officers to produce a balanced budget for the next year.  However, he suggested that it was difficult to determine whether the projected deficit by 2019/20 was accurate, averaged or based on assumptions open to interpretation.  A particular area of uncertainty in future years was the continuation and level of New Homes Bonus.  He also questioned the majority group’s pledge to cap council tax increases at no more than RPI; the increase in the charge for the collection of green waste; and the introduction of Sunday and Bank Holiday car parking charges.

It was proposed by Councillor David Skipp and seconded by Councillor Godfrey Newman that a further recommendation should be added to read: “At its meeting in October the Council is presented with an interim updated Medium Term Financial Strategy after the outcome of New Homes Bonus is known.”

On being put, this amendment was declared LOST.

Councillor Leonard Crosbie then addressed the Council in his capacity as Chairman of the Scrutiny & Overview Committee.

The debate was opened to all Members and items raised included: the proposed increase in council tax, the costs/ income impact of the increasing number of houses in the District and the effect on the Council’s income of the conversion of business premises to residential use.

Having been moved and seconded, the substantive motion was put.

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: Councillors: John Bailey, Andrew Baldwin, John Blackall, Toni Bradnum, Karen Burgess, Peter Burgess, John Chidlow, Jonathan Chowen, Philip Circus, Paul Clarke, David Coldwell, Brian Donnelly,  ...  view the full minutes text for item CO/80

To consider the following Notice of Motion from Councillor Andrew Baldwin, which was received in accordance with Rule 11.1 of Part 4A of the Constitution:

“Whenever District residents are asked what local issues concern them the most, one of their top priorities is always to see less litter and for streets and open spaces to be kept clean. This Council has an excellent record of dealing with litter and the tremendous response from residents signing up as Adopt Street volunteers proves that the vast majority of residents do not like to see litter. 

Some of the roads in the District do not have pavements or grass verges to allow them to be safely litter picked without the need for traffic management and adherence to strict health and safety regulations. The B2139 from Storrington to Amberley is a very scenic road which is well used by traffic. Whilst some of it is subject to a 30 mph speed limit the majority of it is 50 mph. There are no pavements and most of the grass verges are very narrow with some steep gradients. 

Despite the fact the street cleaning budget contains enough money to allow for this road to be litter picked by the Council this has not happened for at least the last 5 years. In December 2014 and January 2015 a couple of Americans, who live in the area, risked their lives on litter picking this road and in so doing collected over 70 bags of litter and rubbish.  

Section 89 (1) of the Environmental Protection Act 1990 states that it each local authority has a duty and responsibility for land which is open to the air and to which the public are entitled or permitted to have access with or without payment to ensure that the land is, as far as is practicable, kept clear of litter and refuse. Practicable means physically possible without regard to cost.

I wish to propose that Horsham District Council undertakes a proper litter pick of the B 2139 from Storrington to Houghton at least twice a year in order to comply with its obligations and responsibilities under the Act.”

Further to the Deputy Leader’s statement at Minute No. CO/75 above, Councillor Andrew Baldwin withdrew his notice of motion.

To receive the minutes of the following Committees and, if approved, to adopt any recommendations contained therein:

The following minutes were received:

CenSus Joint Committee – 11^th December 2015

Accounts, Audit and Governance Committee – 6^th January 2016

Councillor Godfrey Newman, the Chairman of the Committee, moved the recommendations contained in Minute No. AAG/37.

                        RESOLVED

(i)         That the Treasury Management Strategy for 2016/17 be approved.

(ii)        That the Treasury Management Indicators for 2016/17 be approved.

                        REASONS

(i)         The Council has adopted the Chartered Institute of Public Finance and Accountancy’s Treasury Management in the Public Services: Code of Practice 2011 Edition which requires the Council to approve a treasury management strategy before the start of each financial year.

(ii)        The Department for Communities and Local Government issued revised guidance on local authority investments in March 2010 that requires the Council to approve an investment strategy before the start of each financial year.

To receive the minutes of the meeting of the Scrutiny & Overview Committee held on 11^th January 2016 

(agenda online at Scrutiny_&_Overview_Committee_agenda)

The minutes of the meeting of the Scrutiny & Overview Committee held on 11^th January 2016 were presented by Councillor Leonard Crosbie, Chairman of the Committee.

To receive the report of the Cabinet Member for Planning and Development on the Community Infrastructure Levy Draft Charging Schedule

Three members of the public addressed the Council in respect of this item expressing concern regarding the proposed zero CIL charge for the north of Horsham Strategic Development Area and questioning why the full CIL Levy Viability Update Assessment (February 2016) had not been included with the agenda papers.

The Cabinet Member for Local Economy presented this report on behalf of the Cabinet Member for Planning and Development.  He advised Members of a number of typographical changes to the report:

·        Recommendation (iii) to be amended to read “That the Cabinet Member for Planning and Development has delegated authority to agree minor editorial changes.”

·        The Billingshurst section of the Infrastructure Delivery Schedule under Community Facilities - Dedicated Youth facility – Eye Project: the delivery group to be amended to the Billingshurst Community Partnership.

·        The Horsham Town section of the Infrastructure Delivery Schedule under Transport - New Railway Station: the cost of £13.6m to be moved to the ‘Funding Source Other’ column.

He also noted that, for clarity, the Draft Regulation 123 List at Annex 1 would be amended by the addition of specific named infrastructure items in the exclusion column of the table, to include items required by policy such as roads, schools and community facilities on site.

The Cabinet Member for Local Economy reported that, following the adoption of the Horsham District Planning Framework in November 2015, the Council was now developing its Community Infrastructure Levy (CIL).  The CIL was a new charge on development that had come into force through the Community infrastructure Levy Regulations in 2010 and was intended to fund a range of infrastructure that was needed as a result of development and would operate alongside Section106 agreements.  He reported that, in this respect, the land north of Horsham would be zero rated for CIL as the package of infrastructure would be the subject of a legal agreement, which would be a requirement of planning permission.

The report set out the steps which the Council would need to take towards the adoption of the CIL charge.

Members were asked to approve the Council’s Community Infrastructure Levy (CIL) Draft Charging Schedule for a six week public consultation and submission to the CIL Examiner for independent examination.  A further Member seminar would be arranged during the consultation period.

The Cabinet Member for Local Economy confirmed that the full CIL Levy Viability Update Assessment (February 2016) would be available on the website as part of the public consultation and a hard copy was available for Members and members of the public to view.

                        RESOLVED

(i)         That the Community Infrastructure Levy Draft Charging Schedule and supporting documents be approved for consultation purposes.

(ii)        That the Cabinet Member for Planning and Development be authorised to approve the Community Infrastructure Levy Draft Charging Schedule for submission to examination, if there was no change proposed to the rates following consultation.

(iii)       That the Cabinet Member for Planning and Development be authorised to agree minor editorial changes.

REASON

The Draft Charging Schedule is  ...  view the full minutes text for item CO/84

To receive the report of the Cabinet Member for Planning and Development on the Billingshurst Village Centre Supplementary Planning Document

The Cabinet Member for Local Economy presented this report on behalf of the Cabinet Member for Planning and Development. 

In order to plan for growth in Billingshurst and to ensure that the village centre was improved so that it could play a role as the social and economic focus for the area a Supplementary Planning Document had been produced based on previous research and stakeholder consultation.

The Supplementary Planning Document identified key issues and priorities for the improvement of the village centre and included a delivery plan which indicated how and when projects would be delivered pending further cost information.  Other schemes that came forward for consideration would be considered and prioritised as part of a comprehensive approach to regenerating the village centre within available funding sources.

The Supplementary Planning Document was therefore submitted for approval for consultation purposes.  A further report would be submitted following the expiry of the consultation period and consideration of comments received.

                        RESOLVED

(i)         That the Billingshurst Village Centre Supplementary Planning Document be approved for consultation purposes.

(ii)        That the Cabinet Member for Planning and Development be authorised to agree minor editorial changes.

                        REASON

                        Through research and consultation with stakeholders issue and options to enhance Billingshurst Village centre have been identified.  This work has been included and will be implemented through a Supplementary Planning Document.

To receive the report of the Cabinet Member for Finance and Assets on the Purchase of Horsham Ambulance Station

The Cabinet Member for Finance and Assets reported that the land at Hurst Road between Horsham Hospital and the Pavilions Leisure Centre had been identified as an area with potential for regeneration, as the public sector buildings in this location were old and, in many instances, expected to become surplus to occupier requirements.

The Ambulance Station, owned by South East Coast Ambulance Service (SECamb), was now surplus to SECamb’s operational requirement and had been marketed for sale as a site for residential development.  This parcel was an important holding if a site assembly operation was to be successful and therefore terms had been agreed to purchase the property, subject to Member approval.  If the Council did not purchase this site, the opportunity to facilitate a comprehensive redevelopment of the Hurst Road site would be compromised or lost.

The proposed purchase would need to be funded from reserves and therefore it was necessary for Council to agree a supplementary estimate to the budget for the transaction to proceed.

                        RESOLVED

                        That a supplementary estimate to the budget in the sum identified be approved to enable the proposed transaction to proceed.

                        REASON

                        For the proposed purchase to take place it is necessary to fund the purchase from Council reserves

To indicate who shall, subject to formal appointment at the Annual Meeting of the Council on 25th May 2016, be the Chairman and Vice-Chairman of the Council for the municipal year 2016/17

                        RESOLVED

                        That, subject to formal election at the annual meeting, it be noted that Councillor Christian Mitchell will be Chairman and Councillor Roger Clarke will be Vice-Chairman for the municipal year 2016/17.

To consider matters certified by the Chairman as urgent

There were no urgent matters to be considered.