Meeting documents

Councillor Mrs Mayor thanked all those who attended the Twinning Association Annual General Meeting and Tea Party which took place on 24 January. The event was well received with several new members attending. The Tea Party is vital to securing sponsors to host visitors from Stat Nettetal which is happening later this year in early July.

Councillor Mrs Mayor reminded members that she would be holding a Commonwealth Flag Raising Ceremony on 12 March at Fenland Hall and that all members would be invited. Light refreshments will be available in the Council Chamber following the ceremony.

Councillor Mrs Mayor invited Councillor Seaton, Leader of the Council to speak, he made the following statement:

"I would like to take the opportunity to recognise the excellent leadership and commitment shown to this Council by Councillor John Clark. Not only the way he has led this Council but also the excellent work that he has done on the Combined Authority, where he has kept Fenland District Council at the top of the agenda and made sure that they are aware of our ambitious plans for the future of this district. I would also like to thank Councillors Will Sutton, Ralph Butcher and Michelle Tanfield for their excellent work in running their portfolios over the past few years; I am pleased to say that they have offered their assistance wherever they can in the future. I would also like to thank Councillor Fred Yeulett for his extensive work and time spent as the Chairman of the Overview and Scrutiny Panel."

Councillor Mrs Mayor invited Councillor Clark to speak, he made the following statement:

"As I formally hand over the reins of Leadership to Councillor Seaton, I would just like to take a few moments to reflect on my time as Leader of the Council. First of all I would like to say how honoured I am to have been elected as Leader and to have led Fenland District Council for almost 4 years. I am incredibly proud of the strategic leadership provided by members which has enabled our hardworking staff to deliver top quality services throughout the district.

When I first became Leader in May 2014, the Government's austerity measures were well underway and I was only too aware of the financial challenges facing our Council. As one of the worst hit Councils in this Country our residents had the potential to suffer more than most. However, as members joined me in assessing our finances and services as part of the Comprehensive Spending Review, we worked together to make the difficult decisions necessary to reach our savings targets. Savings have been successfully delivered through a combination of 'high profile' and more low key schemes. These include shared services, leasing or selling our assets and charging customers for certain services. There is no doubt that the efficiency savings journey will continue for many years to come, but I like to think that we find ourselves in a financial position that other authorities might find preferable to their own.

One of the biggest learning curves for colleagues and I has been the formation of the Cambridgeshire and Peterborough Combined Authority. This journey began back in 2015 with the devolution proposal being agreed by members at Council in November 2016. Since then I have been delighted how Fenland and the whole Combined Authority area has benefited from this new arrangement. Just a few examples of funding provided by the Combined Authority since its formation in 2017 are:

• £6.4m of funding to progress the Wisbech Garden Town to the next stage of development.


• £500,000 contribution towards the business case for dualling the A47.


• £6.5m towards the establishment of the Peterborough University.

With a forthcoming economic review of the Combined Authority area and a pledge to further improve infrastructure throughout the County, I have no doubt that the member decision to agree to the devolution deal will continue to pay dividends. I still believe that we secured one of the best devolution deals in the Country and I would like to thank members for taking the leap of faith which enabled us to be part of this exciting new world.

Fenland has had its share of the limelight in recent years, while hosting visits from not one, but two Secretaries of State. With parts of the District being featured on the local news with increasing regularity, increasing our profile.

I would like to convey my thanks to Cabinet colleagues for their work as Portfolio Holders in their relevant areas, it has really been a pleasure work with you all and I am grateful for your commitment and support.

Finally I would just like to convey my very best wishes to Councillor Seaton as he becomes the Leader of the Council and his chosen support team. Thank you."

Councillor Mrs Mayor stated that we have not received any questions submitted under procedure rule 8.6 and asked therefore if we have any questions under procedure rule 8.4 from Councillor Booth and Councillor Mrs Bucknor.

Councillor Mrs Bucknor offered congratulations to the new Leader. She asked for clarification about possible proposals for a waste incinerator in Wisbech as she understands that several meetings have taken place which included senior officers from this Council. She stated that there are serious health consequences of pollution; a recent report on the health effects of waste incinerators states that it is particularly important that incinerators should not be sited in deprived areas or areas with high rates of mortality where their health impact is likely to be greatest. She stated that without assurances that no such consideration is being made for Wisbech she and Councillor Bucknor will put together a campaign against such proposals. Councillor Seaton agreed to provide a written response and stated that he is aware that there have been meetings but these proposals are in their infancy. He assured Councillor Mrs Bucknor that he, members and Wisbech Town Council would be fully informed and involved if there is any progress moving forward on this matter;

Councillor Mrs Bucknor asked about fencing and notices which have been put up to exclude the public from the Harecroft Playing Field in Wisbech. These fields were initially intended for public recreation and were never intended for exclusive use by small groups or clubs. The National Trust is the managing authority for these fields and there have been issues with rough sleepers and littering and that may be the reasoning behind the action that has been taken but the public have not been consulted about the closure. She asked that the appropriate Cabinet member investigates further. Councillor Seaton agreed to ask the appropriate Portfolio Holder to investigate and feedback as requested.

Councillor Mrs Bucknor raised the issue of Members' mileage claims and was advised by the Chairman that it was inappropriate for Councillors to comment on this topic whilst there is a live conduct matter in the system.

Councillor Booth congratulated Councillor Seaton on his appointment as Leader and is glad to hear that he is willing to work with all members. He thanked Councillor Seaton for announcing who the Cabinet members would be and asked who the Chairman of Committees will be. Councillor Seaton agreed to circulate the details with regards to Chairman responsibilities to all Members, stating that in the main they do not change too much. He informed members of the following and confirmed that details with regards to Vice-Chairmen would be circulated when details have been finalised:

Councillor Clark - Chairman of Corporate Governance Committee

Councillor Humphrey - Chairman of Licensing Committee

Councillor Miscandlon - Planning Committee

Councillor Mrs Davis - Staff Committee

Councillor Miss Hoy - Conduct Committee

Councillor Boden - Overview and Scrutiny Panel.

Councillor Booth stated that with regards to the budget, we have always taken the assumption that there would be a 2% rise, although at the recent Overview and Scrutiny meeting it was noted that potentially it could be up to 3%, however when we received the report within the agenda pack it was set at 3%. He asked why this was changed between the Overview and Scrutiny Meeting and the issuing of the agenda pack. Councillor Seaton stated that the papers for the budget had to be issued 2 days before the election for the Group Leader and was difficult to give a direction without knowing who the Leader might be. At Cabinet today we did not take a decision at 2.96% or 1.98% but decided to offer 2 options to Full Council at an open vote.

Councillor Booth stated that he felt it was always going to be 2% increase, and that it was only recently that that the Government allowed the cap to be lifted. The long term assumption has always been that there would be a 2% year on year increase and was surprised that the papers referred to 3%. Councillor Seaton stated that it was only right that if an opportunity is presented to allow the possibility of adding another 1% it should be debated by Full Council and a decision taken.

Councillor Mrs Mayor stated that to allow full discussion of this item she is proposing to suspend Standing Orders to enable members to make comments as well as ask questions. This was agreed.

Councillor Mrs French congratulated Councillor Seaton on his appointment as Leader. She congratulated Councillor Mrs Laws on her appointment to Cabinet and asked with regards to the issue of the abuse of the 5 year land supply viability studies by developers with regards to social housing, when do we propose to make a start on a revised plan. Councillor Mrs Laws stated that it is a Government requirement for local planning authorities to demonstrate that there is a 5 year supply of land for housing development. At a planning appeal in late 2017 it was found that our level of supply was 0.07 years short of what was required. It is important to note that this shortfall is very much out of the Council's hands and is related to the build out rate of homes rather than a lack of planning permissions on the Council's behalf. We are in the process of updating our land supply information in the light of housing completions and permissions granted since the assessment that was used at the appeal and we should be in a position within the next month to 6 weeks to understand whether we have regained our 5 year land supply position. With regards to viability, it is frustrating when developments cannot deliver the level of S106 contributions that the Council requests. In accordance with Government Policy and Government Guidance, where a development cannot provide policy compliant levels of affordable housing an open book viability exercise is gone through. The Planning Committee recently had training in relation to the viability process and will be provided with additional information on schemes that have viability issues. Government Guidance specifically states that affordable housing 'should not be sought without regard to individual scheme viability'. If applications are to be refused on viability grounds then it needs to be ensured that there is sufficient evidence to defend the decision at appeal in order not to have an award of costs against the Council. In relation to the Local Plan, a member led document was adopted in 2014. This Local Plan is still current and we await Government guidance in relation to future requirements regarding the frequency of future Local Plan reviews. She agreed to keep this under close review.

Councillor Mrs French congratulated Councillor Buckton on his appointment to Cabinet and asked how the lack of activity will be addressed with regards to Tourism, and when we can expect the next promotional video to be released. Councillor Buckton stated that he will be working on a plan with regards to Tourism and will share that plan with members, he confirmed that the second video is currently being worked on.

Councillor Mrs French congratulated Councillor Murphy on the number of fines for littering that have been issued in the past few months and offered congratulations to the officers involved for their hard work. She stated that the Council has a responsibility to keep the streets clean and to empty the rubbish bins, and asked why FDC are not responsible for all bins, why housing associations have the responsibility for some and why FDC do not take out enforcements against them. Councillor Murphy stated that FDC is the littering authority for this area and is required to keep all public open spaces within its control free of litter. The duty also extends to other areas where the public have free right of access to their land, including housing associations such as Clarion, and they are required to keep their public areas clear of litter, Clarion have a team employed to carry out this work in the area. With regards to enforcement we will always follow our enforcement policy based around facilitating prevention, intervention and enforcement and suggested that we request housing associations display on their bins how to report any issues. This will allow customers to report directly to the appropriate people and improve the response times.

Councillor Tibbs congratulated Councillor Seaton on his appointment as Leader of the Council and to the new Cabinet members. He asked for an update on the Wisbech Vehicle Exchange. Councillor Oliver stated that building has been passed over to Crown Estates, they are responsible for the building and we are talking to them about the best way to move forward. FDC have put a fence around the area for safety and continue to carry out safety checks.

Councillor Booth asked with regards to street lighting, contractors are in place to carry out the work to replace the existing stock but has a comparison been done between the surveys from Balfour Beatty and the surveys from the new contractor, and what were the level of discrepancies as when the Parish Councils have had independent surveys done the level of discrepancy was major. Councillor Mason agreed to investigate and feedback.

Councillor Booth referred to the Portfolio Holder Report which makes reference to North Level installing some drains in Wisbech St Mary, he stated that this was a coordinated approach from various partners but he understands that when the Council was approached for funding this was declined, and suggested that in the future we work more proactively with these partners. Councillor Mason agreed to investigate further and feedback.

Councillor Mrs Bucknor stated that Universal Credit has been rolled out in Whittlesey but is not due to be rolled out to the rest of Fenland until September. The report does not say how this is progressing in Whittlesey and what issues they have encountered so these can be addressed in time for the September roll out as claimants have had income delayed for as long as 5 weeks in some cases, and it might help us to be prepared. Councillor Seaton confirmed that officers are looking at Whittlesey to gain information that will help with the roll out for the rest of the district. Councillor Garratt stated that he has experience of dealing with Universal Credit claims through his work in Peterborough, and assured members that once the claim is made a payment can be made on the same day if the claimant is struggling, but confirmed that a claim can take up to 5 weeks to process and in some circumstances claimants will need to be reassessed.

Members considered the Final Business Plan 2018-2019 presented by Councillor Seaton.

Councillor Booth stated that the Overview and Scrutiny Panel have considered this document and although not all the recommendations made have been included we have had a commitment from the Leader that other comments would be taken forward. He added that he feels that the only outstanding issue is rural transport but there is an action around infrastructure which he hopes will include this but would like to focus more on rural transport moving forward. Councillor Seaton agreed to note Councillor Booth's comments.

Proposed by Councillor Buckton, seconded by Councillor Booth and AGREED to approve the Final Business Plan 2018 - 2019.

Members considered the General Fund Budget 2018/19 and Capital Programme 2018-21 presented by Councillor Seaton stating the following:

• This report contains the Draft Budget for Fenland District Council for the financial year 2018/19. It is Draft until approved by Council this afternoon. As well as containing proposals for balancing the Council's budget in 2018/19 the report sets out at paragraph 9.2 the estimated financial position for the Council up to financial year 2022/23 and also contains proposals for additional Capital Programming reflecting the on going costs of ownership of the Council's land and buildings.


• As expected the Final Financial Settlement for 2018/19 has now been received and as expected this has resulted in further reductions to the funding that the Council receives from Government. This means that the Council's budget continues to be under pressure from reductions in funding from Government as has been the case for some years.


• The report also provides for the funding of the Council's liability to the National Pilot's Pension Fund either by contribution from the designated Reserve set aside for this purpose or by borrowing should permission be received from the Secretary of State in due course.


• In the interests of transparency and as the Section 151 Officer explains both in the report and in his letter to all members dated 31 January 2018, the report recommends a 2.96% increase in Council Tax, rather than the 1.97% built into the Medium Term Financial Plan in February 2017. The Section 151 Officer and Corporate Management Team have given this advice because (i) inflation is running at 3%, not 2% and (ii) because the extra 1% increase is worth £75,000 in each year to the Council in extra revenue.


• Members may be aware that I have suggested that the Conservative Group approach the matter of the level of Council Tax increase on the basis of a free vote at Council today. This is because, although I see the merits of a 1.97% increase, given the tradition of this Council of thinking carefully about the extra costs payable by Council Tax payers, I am also aware that there are important arguments that need to be heard regarding the case for a 2.96% increase. In the event that Council agrees to an increase of 1.97% this afternoon, it will be possible to balance the budget by making a modest contribution from Reserves in 2018/19. However it will not be sustainable to make such a contribution in subsequent years to offset the on going impact of the lower revenues brought about by the 1.97% increase, and so commensurate cost reductions are likely to be needed in the years ahead.


• However, in order to acknowledge that Conservative Group Members will have the opportunity of a free vote on the Council Tax increase this afternoon my colleague Councillor Miss Hoy, at my request, has offered to move an amendment to the Budget Report so that this choice can be exercised.


• To be clear the Budget Amendment proposes a Council Tax increase of 1.97% and the Council Budget Report on the Agenda proposes an increase of 2.96%. In this way members can clearly express a preference for the increase they prefer to support.


• As a further point Council is obliged to set a lawful Budget this afternoon. This is because the last day for giving instruction to the printers for production of Council Tax bills is Friday 23 February. Aside from this the Council must under statute set a lawful Budget by Friday 9 March.


• The recommendations are set out at Section 3 of the covering report and I commend these to Council. The report provides for a 2.96% increase to Council Tax but members will have as opportunity under the Budget Amendment kindly proposed by Councillor Miss Hoy to change this to 1.97%. So once the Amendment has been dealt with members will be able to vote on the Budget in the normal way with the Council Tax increase amended if that is the will of the Council.

Councillor Miss Hoy proposed the following Budget Amendment:

This Council agrees to increase the Band D Council Tax level for Fenland District Council Services by 1.97% on the current year rather than the 2.96% recommended in the original Budget Report.

She stated that the reason she is proposing this amendment is because she feels we should not tax people more than we have to. We need to tell the public what we are doing with their money and in this regard there is no reason to explain the raise to 2.96%. We should take the £75,000 from Reserves in order to balance the budget and this will keep the pressure on for members to start a second Comprehensive Spending Review.

Councillor Mrs French seconded the amendment.

Councillor Mrs Bucknor stated that if we agree to the lower amount there will be a shortfall of £298,000 next year, and this money has to come from somewhere.

Councillor Booth reiterated that in his opinion, looking at the Medium Term forecast, we always said it would be 1.97% increase and if we have balanced budgets why would we need to increase further without adequate explanation to the electorate.

Councillor Tierney thanked the Leader for making this a free vote. He stated that he has always fought for freezes and cuts many more times than he has agreed to rises and approaches it with a view that you need to be able to go to your constituents and explain why you are asking for more money.

The amendment was proposed by Councillor Miss Hoy, seconded by Councillor Mrs French and AGREED that:

• the Band D Council Tax level for Fenland District Council Services for 2018/19 be set at £260.46, an increase of £5.04 (1.97%) on the current year.

and

• if Council approve the above amendment, that is, an increase of 1.97%, a contribution of £72,891 is made from Reserves in 2018/19 to secure a balanced Budget.

The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 impose an obligation on Local Authorities (after 25 February 2014) to record all votes on decisions on budget and council tax, with this in mind members voted on this item as follows:

In favour of the proposed amendment- Councillors Mrs Bligh, Booth, Buckton, J Clark, S Clark, Connor, Cornwell, Court, Mrs Cox, Mrs Davis, Mrs French, Garratt, Hodgson, Miss Hoy, King, Mrs Laws, Mason, Murphy, Mrs Newell, Oliver, Owen, Seaton, Skoulding, Tibbs, Tierney and Yeulett.

Against the proposed amendment - Councillor Miscandlon.

Abstentions - Councillors Bucknor, Mrs Bucknor, Butcher, Humphrey and Sutton.

The substantive item, General Fund Budget 2018/19 and Capital Programme 2018-21, was proposed by Councillor Murphy, seconded by Councillor Mrs Laws and AGREED that:

(i) the General Fund revenue budget for 2018/19 as set out in paragraphs 9 and Appendix A of the Council Report be approved;

(ii) the Capital Programme and funding statement as set out in Appendix D of the Council Report be approved;

(iii) the Medium Term Financial Plan as outlined in the Council Report and at Appendix B of the Council Report be adopted;

(iv) the Treasury Management, Minimum Revenue Provision, Investment Strategy, Prudential and Treasury Indicators for 2018/19 as set out in paragraph 14 and at Appendix E of the Council Report be approved;

(v) the expenses detailed in paragraph 11 of the Council Report be treated as general expenses for 2018/19;

(vi) the Port Health levy for 2018/19 be set as shown in paragraph 12 of the Council Report;

(vii) the Band D Council Tax level for Fenland District Council Services for 2018/19 be set at £260.46, an increase of £5.04 (1.97%) on the current year;

and

(viii) a contribution of £72,891 is made from Reserves in 2018/19 to secure a balanced Budget.

The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 impose an obligation on Local Authorities (after 25 February 2014) to record all votes on decisions on budget and council tax, with this in mind members voted on this item as follows:

In favour of the substantive item- Councillors Mrs Bligh, Booth, Buckton, Butcher, J Clark, S Clark, Connor, Cornwell, Court, Mrs Cox, Mrs Davis, Mrs French, Garratt, Hodgson, Miss Hoy, Humphrey, King, Mrs Laws, Mason, Miscandlon, Murphy, Mrs Newell, Oliver, Owen, Seaton, Skoulding, Tibbs, Tierney and Yeulett.

Against the substantive item - None.

Abstentions - Councillors Bucknor, Mrs Bucknor and Sutton.

Members considered the Council Tax Resolution Report presented by Councillor Seaton. He stated that following Council's approval of a 1.97% Council Tax increase rather than the 2.96% recommended in the original Budget Report, the original Council Tax Resolution report has been amended to reflect that decision.

The Council Tax Resolution was proposed by Councillor Cornwell, seconded by Councillor Clark and AGREED to pass the Resolution as set out in the amended report.

The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 impose an obligation on Local Authorities (after 25 February 2014) to record all votes on decisions on budget and council tax, with this in mind members voted on this item as follows:

In favour of the proposal- Councillors Mrs Bligh, Booth, Buckton, Butcher, J Clark, S Clark, Connor, Cornwell, Court, Mrs Cox, Mrs Davis, Mrs French, Garratt, Hodgson, Miss Hoy, Humphrey, King, Mrs Laws, Mason, Miscandlon, Murphy, Mrs Newell, Oliver, Owen, Seaton, Skoulding, Tibbs, Tierney and Yeulett.

Against the proposal - Councillors Bucknor and Mrs Bucknor.

Abstentions - Councillor Sutton.

Members considered the Community Governance Review (CGR) Report presented by Councillor Sutton who is a member of the working group.

Proposed by Councillor Mrs Laws, seconded by Councillor Mrs Bucknor and AGREED to approve the initial CGR proposals for public consultation which are:

• Amalgamate the parish wards of Bassenhally, Elm and Delph into one parish ward entitled Bassenhally parish ward represented by 4 Town Councillors;


• Amalgamate St Andrews parish ward with St Mary's North parish ward and rename the resulting parish ward St Mary's North and St Andrews parish ward represented by 2 Town Councillors;


• Change the level of local representation in Stonald parish ward to 2 to facilitate greater levels of electoral equality across the wider area.

Councillor Mrs Mayor introduced the item and asked Fiona McMillan to leave the room for the duration of the discussion and vote.

Members considered the Notification of Appointment of Deputy Monitoring Officer Report presented by Councillor Seaton who notified Members that the law referred to should be in reference to 1970 not 1980 and the second recommendation is to note, not to approve.

Councillor Booth stated that the costs are not included in the report. Councillor Seaton agreed to investigate and feedback. Councillor Booth stated that it is disappointing that members have to make their decision today without that information. He added that it is also disappointing that we are not able to find someone else with this Council to undertake the role and therefore has reservations but understands that it is a role that needs to be filled.

Councillor Sutton confirmed that this role is a continuation and the costs remain the same.

Proposed by Councillor Clark, seconded by Councillor Sutton and AGREED to:

• Note the appointment of Fiona McMillan, Interim Director of Law and Governance at Peterborough City Council, as the Council's Deputy Monitoring Officer.


• Note that Fenland District Council enters into an agreement under the Local Authorities Goods and Services Act 1970 for the new Deputy Monitoring Officer to be able to carry out their duties.

Councillor King asked that his abstention on this vote be noted.

(Councillor King declared a non-pecuniary interest in this item by virtue of the fact that Fiona McMillan is involved in the conduct investigation that is on going into his expenses)

Members considered the Senior Manager Pay Policy Statement presented by Councillor Seaton.

Proposed by Councillor Sutton, seconded by Councillor Mrs Laws and AGREED to adopt the Senior Managers Pay Policy Statement for 2018/19 at Appendix 1 of the Council Report as required by the Localism Act 2011.