Agenda and minutes

Full Council
Tuesday, 2nd October, 2018 7.00 pm

Venue: Council Offices, Station Road, Wigston

Contact: Democratic Services  Tel: (0116) 257 2775 Email: democratic.services@oadby-wigston.gov.uk

Items
No. Item

35.

Calling to Order of the Meeting

The meeting of the Council will be called to order to receive His Worship The Mayor and Deputy Mayor.

Minutes:

The meeting of the Council was called to order to receive His Worship The Mayor and Deputy Mayor.

 

The meeting was led in prayer by the Reverend to the Mayor.

36.

Apologies for Absence

Minutes:

An apology for absence was received from Councillors L A Bentley, Miss A R Bond, F S Broadley, Miss M V Chamberlain and R E R Morris.

37.

Declarations of Interest

Members are reminded that any declaration of interest should be made having regard to the Members’ Code of Conduct. In particular, Members must make clear the nature of the interest and whether it is 'pecuniary' or ‘non-pecuniary'.

Minutes:

The Leader of the Council and the Deputy Leader of the Council declared a non-pecuniary interest with regard to Item 17 of the agenda, insofar as they are residents of Conservation Areas.

38.

Reading, Confirmation and Signing of Minutes pdf icon PDF 83 KB

To read, confirm and sign the Minutes of the previous meeting of the Council held on Tuesday, 31 July 2018 in accordance with Rule 17 of Part 4 of the Constitution.

Minutes:

By affirmation of the meeting, it was:

 

UNANIMOUSLY RESOLVED THAT:

 

The minutes of the meeting of the Council held on Tuesday, 31 July 2018 to be taken as read, confirmed and signed.

39.

Action List

There was no Action List arising from the previous meeting of the Council held on Tuesday, 31 July 2018.

Minutes:

By affirmation of the meeting, it was

 

UNANIMOUSLY RESOLVED THAT:

 

The absence of any actions arising from the meeting of the Council held on Tuesday, 31 July 2018 be noted by Members.

40.

Motions on Notice

To consider any Motions on Notice in accordance with Rule 12 of Part 4 of the Constitution.

Minutes:

None.

41.

Petitions, Deputations and Questions

To receive any Petitions and, or, Deputations in accordance with Rule 24 of Part 4 of the Constitution and to answer any Questions by the Public or Members in accordance with Rules 10 and 11 of Part 4 of the Constitution respectively.

41a

Petition Against Pinnacle Cleaners pdf icon PDF 806 KB

“We, the undersigned, are concerned citizens who urge our Oadby and Wigston (Borough) Council to act now.” (39 signatories)

 

A copy of the petition will be available to inspect at the meeting and can also be viewed on the Council’s website by clicking here.

Minutes:

The Council received notification that a petition had been received requesting action from the Authority to improve service delivery by the Council’s cleaning contractor Pinnacle. A copy of the petition was available at the meeting for Members to view.

 

By affirmation of the meeting, it was:

 

UNANIMOUSLY RESOLVED THAT:

 

The receipt of the petition be noted by Members and the item be referred to the next available meeting of the Service Delivery Committee on Tuesday, 20 November 2018.

42.

Mayor's Announcements

42a

List of Official Mayoral/Deputy Mayoral Engagements DOCX 23 KB

Minutes:

By affirmation of the meeting, it was:

 

UNANIMOUSLY RESOLVED THAT:

 

The list of Official Engagements attended by The Mayor and/or Deputy Mayor be noted by Members.

43.

Leader's Statement

Minutes:

The Leader of the Council presented a Statement outlining his recent work, the administration’s plans and an overview of recent decisions taken since the previous meeting of the Council.

 

In respect of the proposed unitary authority for Leicestershire, the Leader confirmed that there had been no further communication received from the County Council, and as such the only updates since the last Council meeting had been in the form of statements issued to the press. It was confirmed that the Leaders of each of the District/Borough Councils were continuing to co-operate and work together to demand more detail and clarity on the County Council’s plans, as it was felt at the current time that the proposal did not satisfy the criteria specified by the Secretary of State with regard to making a convincing case for unitary status.

44.

Lightbulb Project & Disabled Facilities Grants Update (Presentation) pdf icon PDF 606 KB

Presentation to be delivered by Blaby District Council

Minutes:

The Mayor welcomed Jane Toman, Quin Quinney and Taranjeet Bhaur from the Lightbulb Project to the meeting. The Council then received a detailed presentation covering the key improvements, challenges and learning points recognised from the project to date. A copy of the presentation is attached to the printed minutes of the meeting at Annexe A.

 

The Leader of the Council thanked the Lightbulb representatives for their attendance at the meeting and acknowledged that the project had moved forward a considerable distance from where discussions had started approximately three years ago. It was also acknowledged that a number of concerns which had been raised both by Members and service users had been, or were in the process of, being appropriately monitored and addressed. Praise was given for the project’s success in working in partnership across a diverse range of providers, including Clinical Commissioning Groups which were notoriously complex to deal with.

 

A Member raised a concern regarding figures suggesting that 11% of service users had reported dissatisfaction with the quality of service they had received, and asked whether any common patterns had been identified within the feedback which required further analysis. The Lightbulb representative gave an assurance that all feedback received is thoroughly scrutinised as part of the project’s commitment to continuously improving service user satisfaction levels.

 

With regard to the future of the project, it was confirmed that the original agreement entered into by the Council was on the basis of an 18 month contract, which would fall due for renewal in April 2019. The Lightbulb representatives explained that a business case would be drawn up in advance of the renewal date to make the case for entering into a longer-term arrangement of either 3 years or 5 years after April 2019, in order to deliver certainty and longevity for all parties involved in the project.

 

By affirmation of the meeting it was

 

RESOVLED THAT:

 

The contents of the presentation be noted by Members.

 

Councillors D A Gamble and M L Darr left the Chamber at 8.15 pm.

45.

Finding of Maladministration by the Local Government and Social Care Ombudsman DOCX 294 KB

Report of the Head of Law & Governance / Monitoring Officer

Additional documents:

Minutes:

The Council gave consideration to the report as set out on pages 15-20 of the agenda, which asked it to note a finding of maladministration by the Local Government and Social Care Ombudsman in relation to a noise complaint from a resident.

 

The Head of Law & Governance provided the Council with a summary of the findings contained in the Ombudsman’s decision notice, and confirmed that the recommended actions had been implemented accordingly. Members were advised to note that the details of the Ombudsman’s investigation remained confidential.

 

It was noted that the Leicester Mercury had published an article on 02 October 2018 in relation to the Ombudsman’s findings which was factually inaccurate, insofar as it claimed that the Council had been fined £200. In fact, a compensation payment of £200 had been made to the complainant in order to acknowledge the impact of the issues identified.

 

It was moved by K J Loydall JP, seconded by Mrs L M Broadley and

 

UNANIMOUSLY RESOLVED THAT:

 

The content of the report and appendix be noted.

46.

Review of the Council’s Constitution Update (October 2018) DOCX 296 KB

Report of the Democratic & Electoral Services Manager

Minutes:

The Council gave consideration to the report as set out on pages 21-24 of the agenda, which asked it to note the progress made by the Constitutional Working Group in updating and revising the Council’s Constitution.

 

A Member raised an ongoing concern in relation to the current requirement for a motion to be moved at Development Control Committee before an item can be debated, as this was said to create the perception of pre-determination amongst the public. As far as the Member was aware, only one other authority in Leicestershire operated such a mechanism. The Head of Law & Governance stated that to his knowledge, most Leicestershire authorities had similar rules within their Constitution, although it was perhaps the case that these were not being consistently applied.

 

In addition, it was stated the current Chair of the Committee favoured the continued application of this rule on the grounds that it enabled effective control of the meeting to be maintained, whilst best practice guidelines also advocated the same approach. That said, it was ultimately a decision for the Council as a whole to agree if it wanted to change the ruling. The Leader of the Council suggested that a Member of the Constitutional Working Group should bring a motion to a future Council meeting, setting out how they would like the see future rules to operate.

 

It was moved by K J Loydall JP, seconded by G A Boulter and

 

UNANIMOUSLY RESOLVED THAT:

 

The progress made by the Constitutional Working Group in updating and revising the Council’s Constitution be noted.

47.

Revised Local Development Scheme DOCX 293 KB

Report of the Planning Policy Team Leader

Additional documents:

Minutes:

The Council gave consideration to the report as set out on pages 25-44 of the agenda, which asked it to approve the revised Local Development Scheme (LDS) for publication as of 02 October 2018.

 

A query was raised by a Member in relation to the role of Place Shaping Working Group in contributing to the shaping of planning related documents set out in the LDS, given that it was understood that this Working Group was held in private session and therefore the public could not contribute to its output. The Leader of the Council, as Chair of the Place Shaping Working Group, confirmed that the Working Group does not make decisions or recommendations to any Committee, and simply acts as an informal sounding board for matters of future planning consideration. With that in mind, it was considered that there was no conflict between the proposed Scheme document and meetings of the Working Group remaining private.

 

It was noted by Members that the draft proposed Scheme contained an outdated version of the Council’s logo on the front cover, and it was requested that this be amended not just on the LDS document but on all planning documents included on the meeting agenda which displayed the historic logo. The Head of Planning, Development & Regeneration confirmed that all relevant documents would be updated as necessary.

 

It was moved by Mrs H E Loydall, seconded by Mrs L M Broadley and

 

UNANIMOUSLY RESOLVED THAT:

 

The revised Local Development Scheme be approved for publication as of 02 October 2018.

48.

Revised Statement of Community Involvement DOCX 290 KB

Report of the Planning Policy Team Leader

Additional documents:

Minutes:

The Council gave consideration to the report as set out on pages 45-82 of the agenda, which asked it to approve the Revised Statement of Community Involvement for the purpose of a 6 week consultation to commence on Monday 08 October 2018.

 

In respect of the list of general consultation bodies contained at Appendix 3 of the report, a Member requested that it be noted that Age UK Wigston operates independently of Age UK, and as such should they be treated as separate consultees.

 

It was moved by Mrs H E Loydall, seconded by G A Boulter and

 

UNANIMOUSLY RESOLVED THAT:

 

The revised Statement of Community Involvement be approved for the purpose of a 6 week public consultation due to commence on Monday 8 October 2018.

49.

Draft Developer Contributions Supplementary Planning Document DOCX 293 KB

Report of the Planning Policy Officer

Additional documents:

Minutes:

The Council gave consideration to the report as set out on pages 83-130 of the agenda, which asked it to approve the draft Developer Contributions Supplementary Planning Document for the purpose of a 6 week public consultation due to commence on Monday 08 October 2018.

 

With regard to the list of service providers contained at paragraph 2.3 of the report, a Member expressed significant disappointment that Oadby and Wigston was the only Borough within Leicestershire where the Clinical Commissioning Group had been unable to claim any section 106 money. This was in spite of the continued growth in demand for services being placed upon existing public health facilities in the Borough.

 

It was moved by Mrs L M Broadley, seconded by K J Loydall JP and

 

UNANIMOUSLY RESOLVED THAT

 

The draft Developer Contributions Supplementary Planning Document be approved for the purpose of a 6 week public consultation due to commence on Monday 08 October 2018.

50.

Draft Residential Development Supplementary Planning Document DOCX 293 KB

Report of the Planning Policy Team Leader

Additional documents:

Minutes:

The Council gave consideration to the report as set out on pages 131-161 of the agenda, which asked it to approve the draft Residential Development Supplementary Planning Document for the purpose of a 6 week consultation due to commence on Monday 08 October 2018.

 

A Member welcomed the inclusion of housing standards within the report, as a means of addressing the recent issue of planning applications seeking to sub-divide, convert and/or change the use of existing properties into flats/apartments not of a size suitable for modern-day living standards. The Member also stated that particular attention should be given to addressing the decline in the number of bungalows being built in the Borough, ideally requiring a fixed percentage of bungalows to be included in any new developments. The Head of Planning, Development and Regeneration acknowledged that any assessment of housing need should consider the types of property required in addition to the numbers required, and stated that future adoption of the Local Plan and Housing Strategy should give put the Authority in a stronger position when it came to negotiations over future developments.

 

It was moved by Mrs H E Loydall, seconded by J Kaufman and

 

UNANIMOUSLY RESOLVED THAT:

 

The draft Residential Development Supplementary Planning Document be approved for the purpose of a 6 week public consultation due to commence on Monday 08 October 2018.

51.

Draft Conservation Areas Supplementary Planning Document DOCX 292 KB

Report of the Planning Policy Team Leader

Additional documents:

Minutes:

The Council gave consideration to the report as set out on pages 162-228 of the agenda, which asked it to approve the draft Conservation Areas Supplementary Planning Document for the purpose of a 6 week consultation due to commence on Monday 08 October 2018.

 

Following issues identified in relation to a House in Multiple Occupation (HMO) situated in a Conservation Area, a Member sought assurances that the adoption of the Supplementary Planning Document would give the Authority suitable powers to avoid any proliferation of HMO’s in areas that were not appropriate. The Head of Planning, Development & Regeneration confirmed that all applications have to be considered on their own merit, although the future adoption of the Local Plan should provide the Council with a suitable level of control.

 

With regard to Spa Lane Conservation area, a Member suggested a small number of additional sites/buildings for inclusion within the document. The Head of Planning, Development & Regeneration noted the suggestions and undertook to feed back to the Planning Policy team.

 

As a general observation, a Member noted that the document was one of four documents on the agenda which proposed being approved for a 6 week consultation starting on Monday 08 October 2018. It was felt that having four consultations open simultaneously might dilute the quality and quantity of the responses received, therefore it was suggested that in future more careful consideration be given to the spacing of consultation exercises.

 

It was moved by The Deputy Leader of the Council, seconded by J Kaufman and

 

UNANIMOUSLY RESOLVED THAT:

 

The draft Conservation Areas Supplementary Planning Document be approved for the purpose of a 6 week public consultation due to commence on Monday 08 October 2018.