Agenda and draft minutes

The Chairman announced that in accordance with Paragraph 2.2 of the Standing Orders, he has permitted an urgent item, which was not included in the original summons, to be placed before Council for consideration. The extra item is a Motion submitted by Councillor Tierney in relation to the proposed Medworth Incinerator and now appears on the Agenda as Item 15.

The Chairman considered this item to be urgent on the basis that there is a period of only six weeks within which it would be possible to initiate a judicial review of the Medworth Energy from Waste Combined Heat and Power Facility Development Constant Decision thought to have been taken by the Secretary of State for Energy Security and Net Zero as published on 21^st February 2024. Whilst it is noted that the previously published content on the Planning Inspectorate website has since been removed for clarification, there remains a very short period within which action can be taken should the outcome remain the same. After this meeting there are no further meetings of Full Council until 13^th May 2024, and he therefore considered it necessary to provide an opportunity for the proposed motion to be debated today.

In accordance with Paragraph 2.3 of the Standing Orders, as there are a number of items of business on the Agenda and because there are members of the public in attendance to hear the debate of Item 15, it was proposed by the Chairman and agreed by Council that this item be considered before Item 8 of the Agenda.

To confirm and sign the minutes of 11 December 2023.

The minutes of the meeting of 11 December 2023 were confirmed and signed subject to the following amendment:

·         Councillor Carney pointed out that in the Motion submitted by Councillor Taylor supporting local farmers, he had referred to Oxfordshire County Council, not Hertfordshire County Council as stated.

The Chairman drew members’ attention to the civic activities undertaken by himself and the Vice-Chairman in the weeks preceding Full Council.

The Chairman made the following announcement:

“I would like to take this opportunity to recognise the efforts of fellow councillors in assisting their constituents during the flooding over the winter months. Particular recognition and thanks go to Councillor Taylor and Councillor Marks who have provided very practical, hands-on support which has proven invaluable. These Councillors went above and beyond their roles as they worked hard to help, and I would like to formally thank and applaud them for the exemplary work they carried out”.

There were no questions due to the absence of the Leader of the Opposition, Councillor Gavin Booth.

Members had no questions of portfolio holders in accordance with Procedure Rules 8.1 and 8.2.

Motion submitted by Councillor Tierney concerning the proposed Medworth Incinerator.

Councillor Tierney presented his motion regarding the proposed Medworth Incinerator.

Councillor Tierney commented that the proposal has long been on the cards but almost everyone is against it. He commended the local people and groups working to fight against it, which includes every council, every political group on those councils, the MP, and the Mayor. The Council should do everything in its power to fight this to the end and the last option now is a judicial review. However, they are expensive, they need a lot of legal expertise and there has to be a proper reason to have a review, it is not a case of additional argument. Councillor Tierney stated that his hope is that this motion will be agreed so the Council can get independent legal advice as to whether a judicial review is possible; this is something it owes to the people of Fenland, not least Wisbech. This will be a fight to the very end and something that could still be won but all must stand together on this.

Councillor Hoy seconded the motion, and it was opened for debate. Members made comments as follows:

1.    Councillor Patrick said that as a member of the WisWin campaign team, he fully supports this motion. The costs will be considerable, and the technical report will be expected before other councils would consider providing financial support. The head of UKWin has generously offered to prepare this; he has worked with WisWin from the outset, is familiar with the Proposal and has also submitted several technical reports to the Planning Inspectorate as well as being involved in several successful Judicial Reviews. Furthermore, two people who led the successful King’s Lynn campaign with the judicial review have also offered to provide the technical support that FDC needs. An initial review by UKWin has revealed at least 5 potential grounds for a Judicial Review:

• Incorrectly treating the energy that would be exported as low carbon energy.
• Failure to adequately consider the impact of the Secretary of State’s negative climate weighting on the low carbon premise at the heart of the Principle of Development's weighting.
• Errors of fact regarding waste fuel availability and the flawed approach to the non-combustibility of the 19 12 12 waste code that is currently sent to landfill. 
• Reliance on incorrect assumption that the Boston Alternative Energy Facility could only process RDF (Refuse Derived Fuel). 
• Illogical assumption adopted that if waste was landfilled it was not recyclable. 

Councillor Patrick added that WisWin has already received offers of several thousands of pounds from UKWin and local businesses and they will be running a GoFundMe campaign as many people have already offered support. Furthermore, if this motion is agreed and a committee is set up, in the spirit of transparency and to ensure good communication, he would wish to be part of this as the link between the Campaign Team and the Council.

2.    Councillor Boden commented that the decision announced last week was the wrong decision at the wrong  ...  view the full minutes text for item C36/23

Motion submitted by Councillor Dr Haq Nawaz concerning bus services in Fenland.

Councillor Nawaz presented his motion regarding Fenland bus services in Fenland.

Councillor Nawaz stated that as seen in the previous motion, this Council puts community at the centre of everything and it is the aim of members to try to make things that little bit better and easier for its residents. Transport is an integral part of everyday living, so much depends on it and for some, public transport is the only means to get anywhere; the most convenient form of public transport for many, particularly in this area, being a bus. Unfortunately, the Cambridgeshire and Peterborough Combined Authority’s (CPCA) Local Transport and Connectivity Plan (LTCP) does not adequately cater for the needs of Fenland residents. Statistics show that Fenland, particularly the north, has some of the most deprived wards in Cambridgeshire and the CPCA has let Fenland down again. Councillor Seaton has worked very hard with the Transport and Infrastructure Committee but Councillor Nawaz himself has attended various meetings and lobbied to highlight the deficiencies within that local plan and promises made by the Mayor of the CPCA have not transpired. Despite there now being a few more services in the evenings, there is no adequate or, in some cases, no services at all at weekends. However, life does not stop at the weekend, and it is concerning that the authors of this plan have not considered the needs of the rural communities of Fenland that need public transport. He expressed his disappointment that the CPCA does not share his concerns despite repeated representations over a considerable period, hence the need for this motion.

Councillor Christy seconded the motion, and it was opened for debate. Members made comments as follows:

1.    Councillor Patrick said he fully supports this motion having watched the level of bus services decrease over the years. Villages have been left isolated and he feels that as an area of deprivation, Fenland residents are probably going to be funding the cost of providing transport for better off areas. This Council must fight to improve services so that people can get to work or wherever they need to go, reduce social isolation, and create something that is beneficial for everybody within this district.

2.    Councillor Count thanked Councillor Nawaz for bringing forward the motion, providing a chance to highlight deficiencies and what is being offered for the people of Fenland at the cost of £36 for a Band D household. In his view, being told the £36 precept is to improve bus services is poppycock firstly because the Mayor failed to get the bus service improvement plan money. He is the only Combined Authority Mayor in the country to fail to get that money and if a decent plan had been put before Government and the funding received then local people would not have been taxed in this way. Secondly, it is supposed to be based on a bus strategy that is published and consulted upon, however what was published and consulted upon was a wish list.  ...  view the full minutes text for item C37/23

Motion submitted by Councillor Tim Taylor concerning Bluetongue and Bovine TB.

Councillor Taylor presented his motion regarding Bluetongue and Bovine Tuberculosis.

Councillor Taylor added farmers have a tendency not to talk about their mental health and one of the reasons for this is that any mention of poor mental health leads to them losing their firearms. This needs to stop. Furthermore, when 150 cattle are being slaughtered on one farm without having been TB tested, how much of this is going on around the country each year? Councillor Taylor commented that even animals being slaughtered for TB are in the human food chain.

Councillor Carney seconded the motion, and it was opened for debate. Members made comments as follows:

1.    Councillor Carney said he knows all too well of the frustration of being able to find a vet who can undertake TB testing. Vets qualified to do this are few and far between, but this is something any vet should be able to do. Time is not on the farmer’s side and waiting affects their livelihood, therefore he supports this motion.

2.    Councillor Tierney thanked Councillor Taylor for an informative and interesting motion. He said it is refreshing to have someone at FDC speak out on behalf of the farmers as this is a rural community and nobody speaks to be speaking for them and he will be supporting this motion.

3.    Councillor Nawaz said he would be supporting this motion on the grounds that it involves a serious zoonotic disease which is transferable to humans and affects most systems of the body, needing extensive prolonged treatment. Prevention is better than cure and farmers need to be healthy and happy, remember they are producing the food that we all eat.

4.    Councillor Humphrey said that as one of the few members with farming in his blood, albeit arable rather than livestock, he fully supports this motion.

5.    Councillor Taylor summed up saying that once an animal has a reactor test to TB, the farm immediately has a movement order placed on it and the animal is then slaughtered, for which the farmer receives a very small percentage of the animal’s value. This is a national problem, but Fenland is only the second council in England believed to have a farming committee and he is receiving many calls from other councils to ask if they were to set up a farming committee would he take lead through Fenland to advise and work with them and let Fenland spearhead the leadership of farming throughout the country. He is already working with a number of neighbouring local authorities and some further afield, such as Kent and Northumbria along with their MPs. He asked that all bear in mind that everyone needs a farmer at least three times a day, seven days a week. 

The Motion was approved.

(Councillor Mrs Mayor left the meeting at 5.35pm following this item). 

For Council to consider and approve the Final Business Plan 2024-2025.

Members considered the Final Business Plan 2024-25 presented by Councillor Boden.

Councillor Boden said it was the hard work of Councillor Tierney and officers that made this year’s Business Plan an improvement on last year's version.

Councillor Mrs French expressed her gratitude to Councillor Boden, Councillor Tierney and all the officers who put an amazing amount of work into producing the Plan.

Councillor Count offered his congratulations to everybody on an amazing achievement, saying he is happy to support the Plan.

Councillor Tierney said he thanked members for their kind comments as always but reiterated it is the officers who put in the hard work.   

Proposed by Councillor Boden, seconded by Councillor Tierney and AGREED that the Business Plan be approved.

To consider the Cabinet recommendations in relation to the General Fund Budget Estimates 2024/25 and the Medium-Term Financial Strategy 2024/25 to 2028/29; the Council Tax levels for 2024/25; the Capital Programme 2024-2027; and the Treasury Management Strategy Statement, Capital Strategy and Annual Treasury Investment Strategy for 2024/25.

Members considered the General Fund Budget Estimates 2023/24 and the Medium-Term Financial Strategy 2023/24 to 2027/28; and Capital Programme 2023/26 report presented by Councillor Boden.

Councillor Nawaz commented that it is pleasing to notice this council is not one of the one in five councils expecting to issue Section 114 notices and thanked the officers, Leader and Finance Portfolio Holder and all members involved in producing this report against so many budgetary pressures. He also thanked officers for their very good housekeeping.

Proposed by Councillor Boden, seconded by Councillor Tierney and AGREED that the following be approved:

(i)           the General Fund revenue budget for 2024/25 as set out in Section 8 and Appendix A be approved.

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

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

(iv)        the adoption of the additional Business Rates Relief measures as detailed in Section 6 using Discretionary Relief Powers be approved.

(v)          the expenses detailed in Section 11 be approved to be treated as general expenses for 2024/25.

(vi)        the Port Health levy for 2024/25 be set as shown in Section 12;

(vii)       the current working age Council Tax Support Scheme be adopted with effect from 1 April 2024 as set out in Section 14, with appropriate changes to the prescribed pensioner scheme as determined by regulations.

(viii)     the Long-Term Empty Premium and Second Homes premium be amended as detailed in Section 15 as follows:

(a)  to agree to shorten the period that a 100% Council Tax premium on long term empty dwellings is payable from the current 2 years (empty) to 1 year from 1 April 2024.

(b)  to agree to implement the 100% Council Tax premium on all second homes from 1 April 2025.

(c)  to agree that the classes of properties detailed in paragraph 15.10 do not attract the long-term empty premium for the periods specified.

(ix)        the Treasury Management Strategy Statement, Minimum Revenue Provision, Treasury Investment Strategy, Prudential and Treasury Indicators for 2024/25 and Capital Strategy 2024/25 as set out in Section 16 and Appendix E be approved.

(x)          the Band D Council Tax level for Fenland District Council Services for 2024/25 be set at £254.79, a decrease of 0.18% (£0.45) on the current year.

The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014impose an obligation on Local Authorities (after 25 February 2014) to record all votes on decisionson budget andcouncil tax, with this inmind Membersvoted on thisitem as follows:

In Favour: Councillors Barber, Benney, Boden, Carney, Christy, J Clark, S Clark, Connor, Count, Cutler, Mrs Davis, Foice-Beard, Mrs French, Hicks, Hoy, Humphrey, Imafidon, Meekins, Murphy, Nawaz, Oliver, Patrick, Purser, Rackley, Roy, Seaton, Sennitt Clough, Summers, Taylor, Tierney, Wallwork, Woollard

Against: None

Abstentions: None

(Councillor Sennitt Clough declared an interest in this item by virtue of her husband being Class P but will remain open minded and will participate in the  ...  view the full minutes text for item C40/23

Following consideration of the report to this Council on 26 February 2024 and the setting of the Revenue Budget for 2024/25, the Council is required to pass the resolution to set the Council Tax requirement.

Members considered the Council Tax Resolution 2024/25 report presented by Councillor Boden.

Councillor Hoy said the level of council tax that other authorities are charging is appalling. That is not to say there is not a case for a rise in some instances, but the level levied by the County Council and Combined Authority are terrible and will have a massive impact on peoples’ finances. Councillor Hoy thanked Councillor Boden saying it is rare and refreshing to have a council leader pushing for council tax freezes and cuts.

Councillor Boden thanked Councillor Hoy, saying this is not the Council’s money, it is the money of those who elect their councillors and members owe it to them to be as effective and efficient as possible. It is lazy politics that so many authorities have the attitude that they can raise council tax just because they can.

Proposed by Councillor Boden, seconded by Councillor Hoy and AGREED the resolution set out in the report for the Council Tax requirement to be approved.

The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 imposean obligation on Local Authorities (after 25 February 2014) to record all votes on decisionson budget and Council Tax,with thisin mind Membersvoted onthis itemas follows:

In favour of the proposal:Councillors Barber, Benney, Boden, Carney, Christy, J Clark, S Clark, Connor, Count, Cutler, Mrs Davis, Foice-Beard, Mrs French, Hicks, Hoy, Humphrey, Imafidon, Meekins, Murphy, Dr Nawaz, Oliver, Patrick, Purser, Rackley, Roy, Seaton, Sennitt Clough, Summers, Taylor, Tierney, Wallwork, Woollard

Against: None

Abstentions: None

This report requests that Council authorise amendments to the Constitution as recommended by Cabinet.

Members considered the Constitutional Amendment report presented by Councillor Boden.

Proposed by Councillor Boden, seconded by Councillor Mrs Davis and AGREED to make the following changes to the Constitution:

1.    At Part 3, Table 4, paragraph 71a, to amend the existing wording of the Constitution as follows:

To authorise the allocation of external funding awarded to the Council, the approval of the Council’s acquisitions of goods, services and works (whether following a procurement exercise or otherwise) and entry in to the associated financial and legal agreements up to £100,000 in consultation with the relevant portfolio holder and Leader of the Council.

2.    At Part 3, Table 5, paragraph 10, to amend the existing wording of the Constitution as follows:

To authorise the allocation of external funding awarded to the Council, the approval of the Council’s acquisitions of goods, services and works(whether following a procurement exercise or otherwise) and entry in to the associated financial and legal agreements up to the following limits:

3.    At Part 4, Council Procedure Rules, paragraph 28 which relates to Substitutions, the addition of a new paragraph 28.7 which states:

“Where Outside Bodies are concerned, the Leader of the relevant political group may nominate an alternative attendee where exceptionally, neither the approved substantive or substitute members are able to attend a meeting of the relevant Body and provided that the Body’s Constitution/Terms of Reference permit that attendance”.

4.    Save in so far as a function is delegated to a specific member of the Corporate Management Team such as the Chief Executive, s.151 Officer and/or Monitoring Officer, for the Constitution to be amended so that ‘Corporate Directors instead reads ‘Corporate Directors and Assistant Directors’ with the associated delegations then equally applying to them.

5.    For Part 7 of the Constitution, Management Structure to be amended in accordance with the proposals set out at Appendix 1.

6.    At Part 3 Responsibilities for Functions, 3.3 Executive Advisory Committees, 3.3.3 RURAL & FARMING EXECUTIVE ADVISORY COMMITTEE to add to the terms of reference to include:

·         Reflect upon flooding issues affecting the District.

The purpose of this report is for Council to adopt the Senior Manager Pay Policy Statement for 2024-2025.

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

Proposed by Councillor Boden, seconded by Councillor Tierney and AGREED to adopt the Senior Management Pay Policy Statement for 2024/253 at Appendix 1 as required by the Localism Act 2011.