Agenda and minutes

Councillor Miscandlon opened the meeting with the following statement: “Members will be aware of the fantastic achievements of Captain Sir Tom Moore who sadly passed away on 2^nd February this year. I would therefore like to take this opportunity to ask for you to join me in a minute’s silence to remember this incredible and inspirational gentleman who many of you will know was also connected to this area personally and professionally”.

A minute’s silence was held for Captain Sir Tom Moore.

Councillor Sutton said he fully supported the minute’s silence for Captain Sir Tom Moore, not only was he resident of Fenland but he had been a resident of his ward and a near neighbour, but he requested of the Chairman that a minute’s silence also be held for all residents of Fenland who have sadly lost their lives to the current pandemic and as a message of support to their loved ones.

Councillor Miscandlon agreed and a further minutes’ silence was held.

To confirm the minutes of 14 December 2020.

The minutes of the meeting of 14 December 2020 were confirmed subject to the following comment:

Councillor Sutton referred to minute item C30/20 regarding the motion on the incinerator and said the minutes make no mention of the disagreement between himself and Councillor Hoy. This was a clear omission as Councillor Hoy had said he supported the incinerator, which was an untrue statement, and whilst he appreciates it was an unpleasant exchange and that minutes are not verbatim, this should have been noted. 

Councillor Miscandlon made the following announcement:

“As the local, global and national efforts to overcome COVID-19 continue, we have all found ourselves making further sacrifices to contain and reduce the spread. At the same time significantly increasing number of Fenland residents including myself and my wife have had their first vaccination. As we know this is the biggest vaccination programme in the history of the NHS and all the staff involved are working tirelessly to support its delivery. I would therefore like to take this opportunity to thank all the people involved in making this a possibility including the volunteers who are turning out in all weathers to provide support and guidance at the various sites. I must therefore encourage everyone to take their place when it is offered. It is so important that we do our bit to protect family members, friends, neighbours, colleagues and everyone around us to increase our future prospects of returning to a more normal way of living”.

Councillor Miscandlon stated that no questions had been submitted under Procedure Rules 8.6 and asked if there were any questions under Procedure Rule 8.4 from Councillor Cornwell as Leader of the Opposition Group.

Councillor Booth requested to speak and asked the Chairman if, in respect of the order of items on the agenda, item 13 regarding the council tax support scheme could be moved before item 9 or 10 as a decision on that item would have an implication on both the budget and council tax resolution. Carol Pilson advised it is at the Chairman’s discretion to alter the order of the agenda. The Chairman therefore agreed to forward item 13 for discussion between agenda items 9 and 10.

Councillor Miscandlon then invited Councillor Cornwell to submit his questions.

Councillor Cornwell addressed the Leader and said residents have raised concerns after reading local newspaper articles detailing what appeared to be county council failures in certain supposedly commercial activities. He asked if the Leader could give an assurance that FDC is not exposing this council to commercial risk and if he would publish the result of this question in a simple public statement to that effect so that the public will understand what is happening. Councillor Boden firstly congratulated Councillor Cornwell on becoming Leader of the Opposition, saying Councillor Cornwell has Fenland’s interests at heart and he looks forward to a constructive working relationship together. In respect of the question, Councillor Boden stated that he cannot answer for what the county council does, but he would like to be in their position in respect of some of their investments. Some of the press reports are wrong or mischief making, and some are matters of commercial confidentially that are not yet in the public arena. A fundamental point about commercial and investment work by councils is that what we are doing will expose us to commercial risk, but it is a matter of management of that risk and whether the risk is suitably balanced by the reward. Therefore, he will not say that we will not expose ourselves to commercial risk; we want to achieve good returns and to do so means having some risk but evaluating carefully against the reward. Councillor Cornwell said he realised this but some people do not understand and that is why he had suggested taking the opportunity to explain that the risks taken by our council are not to the degree as reported,  hence his suggestion of providing a simple statement.

Councillor Cornwell congratulated Councillor Lynn on his elevation as portfolio holder and thanked Councillor Wallwork for her contribution as the previous portfolio holder. However he was surprised, given our financial situation, that the Leader did not take the opportunity to reduce the costs of Cabinet by reducing its size, given that in 2016 he had advised the previous Leader to reduce his Cabinet size and costs when they were lower than currently. He would like to know why the Leader has changed his view and  ...  view the full minutes text for item C40/20

Members asked questions of Portfolio Holders in accordance with Procedure Rules 8.1 and 8.2 as follows:

1.      Councillor Meekins addressed Councillor Boden and said considering the announcement about Bartletts closing its Chatteris operation in June 2021 with a loss of up to 500 jobs, was FDC aware that this announcement was to be made? If so, what action did FDC take to try and prevent the closure and, assuming that it happens as reported, what will FDC be doing to help find alternative employment for those who lose their jobs and to find an alternative use for the premises? Councillor Boden responded that he is not sure that we were aware of the time the announcement was going to be made, but we were aware it was going to happen back in 2019. In November 2019 we contacted the company and FDC officers met them in the December. Contact was maintained throughout 2020 and both he and Councillor Benney, as the portfolio holder, were always aware of this. Unfortunately, such discussions take place on a confidential basis and the company has not yet made a formal announcement about why it is closing that site. He can say however it is an internal matter to do with the company and there is nothing FDC could have done to redress the issue or prevent the closure. FDC has informed the company of the support available to employees facing redundancy. Bartletts intend to market the site and FDC has some potential inward investment enquiries that will be engaged once further details are released to see the site brought back into use. Councillor Meekins thanked Councillor Boden for his comprehensive response.

2.    Councillor Hay said she is very pleased that from 1^st March the Combined Authority are trialling a daily bus service from March, Wimblington, Doddington and Chatteris linking through to Addenbrookes and Cambridge city centre and hopes it will eventually join up with the CAM Metro. She asked Councillor Boden if he knows when the route map will come out for that. Councillor Boden agreed the new service is very welcome and said that Councillor Count in particular had a lot of input into putting the timetable together so that the timing of the buses was extended to make it easier for patients to attend their hospital appointments at Addenbrookes. An announcement regarding the proposed CAM Metro routes and a route map will be made in March.

3.    Councillor Booth addressed Councillor Sam Clark to follow up a question he raised at the last meeting regarding empty homes managed by registered housing providers. He appreciated the response that had been provided but finds it shocking that 44 properties have been left empty for over six months. He asked if Councillor Clark could make every effort to ensure that the number of empty properties empty for this length of time is reduced substantially. Councillor Clark referred the question to Councillor Hoy as she is now the portfolio holder, who responded that Councillor Booth  ...  view the full minutes text for item C41/20

Motion submitted by Councillor Boden regarding the naming of the Kings Dyke Crossing.

Councillor Boden said it was both a pleasure and a privilege to present this motion regarding the naming of the Kings Dyke Crossing.

He stated: “Members will be aware of the welcome progress that is being made in relation to Kings Dyke Crossing and the scheme has reached a stage where an official name is required. As the scheme falls within the boundary of Fenland District Council, we have an important role to play in that. In ordinary circumstances it would fall for example to the relevant developer to propose a name in consultation with officers. In this instance however, and having regard to the profile of this particular scheme, I am seeking your support in requesting that officers give due consideration, under the delegated authority of the Chief Finance Officer, to a suggestion that King’s Dyke Crossing is officially named ‘Ralph Butcher Causeway’. 

Whilst it is acknowledged that streets named after prominent persons are not normally considered to be suitable in Fenland, it is considered that a departure from that guiding principle would be reasonable and appropriate having regard to the significant and instrumental role that former Councillor Butcher played in securing the delivery of the scheme. Many of you will recall that he had been a tireless proponent of a King's Dyke crossing for decades.  

I am therefore proposing that King’s Dyke Crossing as it is now known should instead be named Ralph Butcher Causeway”.

Councillor Miscandlon seconded the motion and opened the motion for debate.

1.    Councillor Sutton said he fully supports this motion; he worked very closely with Councillor Butcher and had the utmost respect for him. However, he feels we are bending the rules as nobody living can have anything named after them and he had made a similar request which was rebutted. He would like to see a relaxation of rules going forward as there are people who do things in their lifetime to improve their communities with little or no recognition. He does not know if it is national regulation or our own rules that prevent that and asked if the Leader could look into this.

2.    Councillor John Clark said he fully supported this motion and would be pleased to second the motion.

3.    Councillor Mrs French said that she fully supports this motion; Councillor Butcher was always a hardworking councillor and she was sad when he retired. Addressing Councillor Sutton's comments, she said she was not sure that there is a hard and fast policy on naming streets after dead or living people. She referred to several streets in March that were named after mayors many years ago and would be happy to look into this.

4.    Councillor Patrick agreed that we do not just name streets after councillors but to recognise people within the community.

5.    Councillor Miscandlon said he served with Councillor Butcher for eight years. He was a great mentor and is a family man who is well thought of in Coates and the local area.  ...  view the full minutes text for item C42/20

Motion submitted by Councillor Boden regarding Saxon Pit.

Councillor Boden presented a motion on the Saxon Pit Brickworks in Whittlesey. 

Councillor Boden stated that: “The former Saxon Pit brickworks in Whittlesey is a site licensed by the Environment Agency for the acceptance and disposal of waste materials. Since the original planning permission was granted by Cambridgeshire County Council in January 2003, only inert materials are meant to have been disposed of there. In late 2007, many local residents in Whittlesey reported an unusual and strong bad smell emanating from Saxon Pit. Despite efforts from both local residents and local Councillors, the Environment Agency has been extremely slow in revealing precisely what has been deposited and Saxon Pit. Our Member of Parliament, Steve Barclay MP, has written several times over the last three years to the Environment Agency concerning what is happening at, and what is planned for, Saxon Pit. Local residents and Councillors are very grateful to our MP for the pressure that he has brought to bear upon the Environment Agency. In November 2020, as a direct result of the pressure exerted by Steve Barclay MP, the Environment Agency revealed the following:

a.  122,858 tonnes of non-conforming waste was accepted and disposed of by the current operator and this non-conforming waste was unlawfully buried within the void in the pit between October 2017 and February 2018.

b.  Further waste, in addition to that 122,858 tonnes, had been unlawfully accepted and buried at the site by one or more previous operators pre-October 2017.

c.  Formal samples have been taken across the void to varying depths, following investigatory work by the Environment Agency. Borehole drilling, conducted in September 2019, identified significant visual contamination of non-conforming waste down to depths of between 6 and 15 metres. According to the Environment Agency, of the 50 samples submitted for analysis, 43 contained sufficient chemical contaminants to render them hazardous.

d.  Without any consultation with local residents, the local Town Council or Fenland District Council, the Environment Agency took a decision in June 2020, unilaterally so far as we are aware, to permit all non-conforming waste to remain buried within the excavation void.

No details have been provided to local residents or the local councils of any investigations or analyses to support the Environment Agency's decision not to insist upon the removal of the unlawfully buried waste, nor has any information been provided to give confidence to local residents that the "hazardous chemical contaminants" do not now and may not in the future pose a hazard to the environment in general and to human health in particular. It is only in the last two weeks that a specialist environmental journalist has revealed that copper, zinc and petroleum hydrocarbons exceed hazardous levels at the site because of the unlawful dumping of "Automotive Shredder Residue". No quantities of these, or any other, hazardous chemicals on site have yet been revealed. 

Following recent heavy rain, the onsite storage lagoon (which is meant to contain the majority of the runoff originating within the Saxon Pit  ...  view the full minutes text for item C43/20

Motion submitted by Councillor Mrs Laws regarding Built Environment Conservation in Fenland.

Councillor Mrs Laws presented a motion regarding built environment conservation in Fenland.

Councillor Mrs Laws stated: “Full Council notes that members of local councils have responsibility for setting policy, within legal limits, concerning all areas of Council activity, including Conservation. Members, in determining Conservation policy, need to determine an appropriate local balance between preserving what is good from the past as against providing necessary flexibility to address current and future economic and residential needs. A majority of members, in seeking to determine that balance, would like to commission an external partner to provide guidance and recommendations on how the Council can amend current Conservation policy and practice in Fenland to achieve this aspiration within the following scope:

1. To provide recommendations as to how we may review the geographical extent of every conservation area in Fenland, including whether each conservation area should continue to be so designated. In respect of each conservation area no such review should be commenced without the prior agreement of the relevant town or parish council. In respect of each review, no change should be implemented without the agreement of the relevant town or parish council. Involvement and consultation with the relevant town or parish council must be integral to this whole process.  

2. To provide recommendations as to how each town and parish council could initiate an external professional appraisal of any conservation area within their area, subject to no such appraisal having taken place within the previous five years, and subject further to the parish or town council sharing the cost of any such appraisal equally with Fenland District Council.

3. To review and provide recommendations as to how the current approach to the local validation list requirements and materials requirements for listed buildings, conservation areas (and buildings that have a relationship with the setting of these) and non-designated heritage assets may most appropriately be changed given the pro-growth agenda of the Council in the context of challenging property values and the changing dynamic of town centres.  

4. With respect to materials requirement in conservation areas and for non-designated heritage assets, Members seek guidance and recommendations as to how the Council can be more flexible than at present in requiring specific building materials for the construction and repair of buildings, specifically, but not exclusively, including recommendations as to how the Council may facilitate, in new build, renovations, improvements and repairs, the use of high quality compatibly designed UPVC windows, and a less onerous specificity in the selection of building materials such as bricks and mortar.

5. To provide recommendations as to how the Council can be more flexible than at present in requiring specific building materials for the repair, renovation or improvement of Grade II listed buildings, specifically but not exclusively including the use of high quality compatibly designed UPVC windows, and the selection of building materials such as bricks and mortar.

6. To provide recommendations as to how the Council could legally cease planning-related conservation assessments outside conservation areas, except for Grade  ...  view the full minutes text for item C44/20

For Council to consider the Cabinet recommendations in relation to the Council Tax Support (CTS) Scheme to take effect from 1 April 2021.

Members considered the Council Tax Support Scheme 2021/22 report presented by Councillor Boden. 

Members made comments, asked questions and received responses as follows:

·         Councillor Booth is concerned that when this came to Overview & Scrutiny it was said this was not the right year to change. It hits those on the lowest incomes, and this can also be seen in the responses. It is hitting the poorest in society working within the constraints of COVID-19. He believes this has been rushed through and we do not seem to have taken the consultation comments on board. He would propose that we amend the recommendation so that it says it remains at 14% for this year.

·         Councillor Yeulett said he would not support this recommendation; the public consultation was against it and the O&S Panel recommended no increase. It is an additional burden on those already suffering the most from COVID-19 and lockdown.

·         Councillor Cornwell said he cannot support this. The O&S Panel were given a clear explanation of what is going on and this is not the right year to make any changes on the basis that everybody is going through a difficult time. Read the consultation results; it is quite clear that people are struggling, and we must do our bit to help them.

·         Councillor Bligh said she agreed with the previous speakers; this is a year nobody expected, and we should leave it alone.

·         Councillor Rackley said as ward councillor for Waterlees, the most neglected ward in Cambridgeshire, he cannot support the recommendation.

·         Councillor Sutton said he supports all previous speakers. It seems so harsh in this particular year when there are scores of people already struggling. When furlough finishes there may be more people facing redundancies and he could not face people in that position if he supported this.

·         Councillor Mrs French said that Cambridge County Council have been doing fantastic work over the last year and have helped support some 32,000 people across the county. She will be supporting this motion.

·         Councillor Hoy said that nobody will be voting for this with any joy, but she has to support this as the money needs to come from somewhere. If not, what cuts do we make to cover this? If we put up council tax, everyone else will be paying and just because people do not receive council tax support, it does not mean that they are not struggling too.

·         Councillor Wallwork agreed with Councillor Hoy, this is a difficult subject, and nobody wants to pay more money. When people receive benefits, there is a support network available but there are other people who have been massively affected financially but get no support. Therefore, everyone must share the burden at this time, particularly if we want public services and are not willing to cut them.

·         Councillor Bligh said although she agreed with Councillors Hoy and Wallwork, she does not feel that this year is the year to be increasing the contribution.

Councillor Booth proposed an amendment  ...  view the full minutes text for item C45/20

For Council to consider and approve the Final Business Plan 2021-2022

Members considered the Final Business Plan 2021-22 report presented by Councillor Boden.

Members made comments, asked questions and received responses as follows:

·         Councillor Booth reiterated what he had said at Overview & Scrutiny that much of the investment is concentrated on the towns; again, the villages and rural areas are the poor relations. Also, we still do not have the proper metrics to measure how we will deliver because there is no way of measuring many of the items in the project plan.

·         Councillor Tierney said officers have worked very hard on this report, but they are experts and he has more work to do in terms of simplifying and making the information easier to digest.

·         Councillor Mrs French said she fully supports this plan, although there is a long way to go. There are many exciting projects taking place across all of Fenland and, in her experience, we have never had such amazing opportunities. She thanked the officers at FDC for doing a fantastic job with Growing Fenland. Fenland has been put on the map as a result of the amount of money coming into the area due to the Combined Authority. She also thanked Councillors Tierney, Boden, Seaton and Count in particular for all they have done and said we have never had the opportunity in the last fifty years to get the funding that we now have. 

·         Councillor Mrs Laws agreed with Councillor Mrs French; there are people too numerous to mention but without the support of senior members of Fenland and the fantastic work done by a wealth of officers, this would not have been possible and they cannot be praised enough. The Mayor of the Combined Authority promised to bring economy and growth to the north of the county, and he has done that for which praise is due.

·         Councillor Sutton said Councillor Mrs French rightly thanked many people, but one person must not be forgotten and that is the Leader at the time, Councillor John Clark. Without his extraordinary effort in deciding to go down the route of a combined authority, we would not be in the position we are now having had millions of pounds invested. Councillor Mrs French agreed and thanked Councillor Sutton for raising this.

·         Councillor Yeulett said he will be supporting this plan, but we need to address more of the issue of deprivation in areas of the district that affect education and health.

·         Councillor Count said he thoroughly endorses the work that has gone into this plan and he would like to support it.

Proposed by Councillor Boden and seconded by Councillor Tierney and AGREED to approve the Final Business Plan 2021-22.

To consider the Cabinet recommendations in relation to:

·           the General Fund Budget Estimates 2021/22 and the Medium Term Financial Strategy 2021/22 to 2025/26;

·           the Council Tax levels for 2021/22;

·           the Capital Programme 2021-2024;

·           the Treasury Management Strategy Statement, Capital Strategy and Annual Treasury Investment Strategy for 2021/22.

Members considered the Corporate Budget and Medium-Term Financial Strategy report presented by Councillor Boden.

·         Councillor Booth said looking at the medium-term financial forecast, it increases by over £1million and looking at the savings we need, if we need to save over a £1million he takes on board Councillor Boden’s comments about being more like a commercial organisation. We still have some way to go with culture, but he will be supporting this.

Proposed by Councillor Boden, seconded by Councillor Mrs French and AGREED that:

(i)           the General Fund revenue budget for 2021/22 as set out in Section 8 and Appendix A of the report be approved;

(ii)          the Medium-Term Financial Strategy as outlined in the report and Appendix B be adopted;

(iii)        the Capital Programme and funding statement as set out in Appendix D of the report be approved;

(iv)        the adoption of any additional Business Rates Relief measures announced in the budget on 3^rd March 2021 as detailed in paragraphs 5.7 – 5.9 of the report be approved;

(v)          the expenses detailed in Section 11 of the report be approved to be treated as general expenses for 2021/22;

(vi)        the Port Health levy for 2021/22 be set as shown in Section 12 of the report;

(vii)       the amendment to the Long-Term Empty Property Premium policy detailed in Section 13 of the report be approved;

(viii)     the Treasury Management Strategy Statement, Minimum Revenue Provision, Treasury Investment Strategy, Prudential and Treasury Indicators for 2021/22 and Capital Strategy 2021/22 as set out in Section 15 and Appendix E of the report be approved;

(ix)        the Band D Council Tax level for Fenland District Council Services for 2021/22 be set at £260.46, no increase on the current year.

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 Benney, Bligh, Boden, Booth, S Clark, Connor, Cornwell, Count, Mrs Davis, Mrs French, Miss French, Hay, Hoy, Humphrey, Mrs Laws, Lynn, Mason, Meekins, Miscandlon, Murphy, Purser, Rackley, Seaton, Sutton, Tierney, Wallwork, Wicks and Yeulett

Against the proposal: None

Abstentions: None

(Councillor Marks declared an interest in this item by virtue of the fact he has two addresses at his property, one being the main house and the other an annex where a family member resides. They are currently trying to resolve the rating value for the annex and meanwhile there is one council tax payment in dispute, therefore he chose to take no part in this item).

(Councillor Maul declared an interest by virtue of the fact S106 may apply so he took no part in this item).

For Council to consider the Council Tax Resolution for 2021/22.

Members considered the Council Tax Resolution 2021/22 Report presented by Councillor Boden.

Councillor Cornwell pointed out that the town of March in Section 3(h) of the report was incorrectly named April.

Proposed by Councillor Boden, seconded by Councillor Cornwell and AGREED to pass the resolution set out in the 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 Benney, Bligh, Boden, Booth, S Clark, Connor, Cornwell, Count, Mrs French, Miss French, Hay, Hoy, Humphrey, Mrs Laws, Lynn, Marks, Mason, Maul, Meekins, Miscandlon, Murphy, Purser, Rackley, Seaton, Sutton, Tierney, Wallwork, Wicks and Yeulett.

Against the Proposal: None

Abstentions: None

(Councillor Mrs Davis was temporarily indisposed during voting on this item)

For Council to adopt theCulture and Creativity Strategy.

Members considered the Cultural Strategy report presented by Councillor Seaton.

·         Councillor Booth requested that on page 13 of the report (page 214 of the agenda pack) a change be made so that it reads ‘parish and town councils’ as it currently only mentions town councils. Councillor Sutton said he would ensure the change was made.

·         Councillor Yeulett said he welcomed this report and would be supporting it. He is pleased that FDC is facilitating it and that residents will benefit.

·         Councillor Sutton said this has been a long time coming; it is an overarching policy over many other areas of work we do, and he too welcomed it.

Council AGREED to adopt theCulture and Creativity Strategy.

For Council to consider and adopt the Hackney Carriage and Private Hire Licensing Policy for the period of 2021 – 2026.

Members considered the Hackney Carriage & Private Hire Policy report presented by Councillor Humphrey.

·         Councillor Connor praised the concise and excellent report that had been written by Michelle Bishop, FDC's Licensing Manager, and he wanted his thanks placed on record.

Proposed by Councillor Humphrey, seconded by Councillor Meekins and AGREED to adopt the Hackney Carriage & Private Hire Licensing Policy 2021 - 2026. 

Councillors Patrick declared a pecuniary interest and said he would take no part in this item but he left the meeting at 6.25pm before the item was presented.

Councillor Rackley declared a pecuniary interest and left the meeting for this item.

For Council to consider additional actions to mitigate the risk of local residents attempting to cast their vote at elections that have been uncontested, and for the introduction of the further measures to be put in place.

·         Production of flyers advising of the uncontested election that could be delivered by the duly elected candidates should they chose to request such flyers.

·         Publication in the parish magazine and local media if there is sufficient time to do so.

Members considered the Communication regarding Uncontested Elections report presented by Councillor Boden.

·         Councillor Hay said she thinks introducing flyers advising of uncontested elections are a good idea but it needs to be on the proviso that the person standing uncontested delivers them prior to election day  to save their residents turning out to vote when they do not have to.

·         Councillor Booth said we should not restrict this to the candidate as there could be volunteers willing to deliver flyers, or they could be inserted into village newspapers for delivery.

Proposed by Councillor Boden, seconded by Councillor Hay and AGREED that in addition to the actions previously taken in 2019 to mitigate the risk of local residents attempting to cast their vote at elections that have been uncontested that the following further measures are also introduced:-

·      production of flyers advising of the uncontested election that could be delivered by the duly elected candidates should they chose to request such flyers

·      publication in the parish magazine and local media if there is sufficient time to do so.

The purpose of this report is for Council to adopt the Senior Manager Pay Policy Statement for 2020/21 attached to the report.

Members considered the Senior Manager Pay Policy report presented by Councillor Boden.

Proposed by Councillor Boden, seconded by Councillor Connor and AGREED to adopt the Senior Manager Pay Policy Statement for 2021/22 at Appendix 1 as required by the Localism Act 2011.