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DECLARATION OF INTERESTS BY COUNCILLORS Minutes: 2.1 Councillor Holt declared a local non-pecuniary interest in Item 10 as a Director of Babergh (Suffolk Holdings) Ltd. and as a Director of CIFCO Capital Ltd.
2.2 Councillor Hinton declared a local non-pecuniary interest in Item 10 as a Director of Babergh (Suffolk Holdings) Ltd.
2.3 Councillor Busby declared a local non-pecuniary interest in Item 10 as Chair and Director of Babergh (Suffolk Holdings) Ltd.
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BC/19/10 TO CONFIRM THE MINUTES OF THE MEETING HELD ON 25 JUNE 2019 PDF 272 KB Minutes: It was RESOLVED-
That the Minutes of the meeting held on 25 June 2019 be confirmed and signed as a true record with the following amendment:
Page 6, paragraph 8.22 replace ‘week’ with ‘period’ Page 7, paragraph 9.3 replace ‘Join’ with ‘Joint’ |
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BC/19/11 ANNOUNCEMENTS FROM THE CHAIRMAN AND LEADER PDF 25 KB In addition to any announcements made at the meeting, please see Paper BC/19/11 attached, detailing events attended by the Chair and Vice-Chair.
Minutes: 4.1 The Chair referred to paper BC/19/11, which was for noting. She reminded Members that the next Council Meeting on 24 September 2019 was moved to 6:00pm. She then invited the Leader to make his announcements.
4.2 The Leader outlined the following:
Grimsey Review Study Tour to Roeselare
The Leader went on a two-day DCN study tour to Roeselare in Belgium at the end of June.
Roeselare had implemented many of the recommendations in the 2013 Grimsey Review: An Alternative Future for the High Street and he learned how they went about this, what they have achieved so far and the lessons they have learned.
Some of the main achievements so far were:
1. Changed the library into a knowledge centre, including pop-up space for micro businesses. 2. Converted city centre parking in main squares to green space, with children’s play areas. 3. Revitalised side streets and alleys. 4. Working with landlords to bring empty units back into use – this has been controversial, because it is backed up with an empty property tax, but it has worked. 5. Empty units used to enable start-ups to rent space on a pop-up basis – low rent and tax for a year – and assistance if the venture is going to be a long-term success. 6. Other retail successes have been mixed mode stores, different uses in day and evening, increased town centre residential accommodation. 7. Restriction of out of town retail. 8. New charging policy for parking, including free 30 minutes. 9. Free Wi-Fi; city app showing available parking, discounts, other info. 10. Single brand for the town. In the past two years, about 30 to 40 new shops have opened. Some have been short-term pop-ups, but many were permanent lettings. There has been a significant reduction in vacancy rates.
They have experienced a real, quantifiable increase in town centre business and, although it is a bigger town, many of the things they have done would also work in Sudbury (and for that matter, Stowmarket too) and gave him a lot of ideas for real projects of our own.
Future High Streets Fund
Along with the other Leaders in the county, the Leader was disappointed that nowhere in Suffolk received Future High Street Funding in the first round of bidding. Some of the towns that were successful were surprising in the least. However, he remained committed to our high streets and wanted to see some projects underway in Sudbury in particular soon. He was pleased that the Vision for Prosperity work for Eye, Hadleigh and Needham Market had been well-received by the public.
Joint Local Plan Consultation
It was great news that the consultation period for the Joint Local Plan Preferred Options was launched on the 22 June 2019 and would close at 4pm on Monday 30th September. Please encourage their town and parish councils and residents to get involved and have their say on the proposals.
Five Year Land Supply
The Leader was also very pleased at the ... view the full minutes text for item 4. |
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TO RECEIVE NOTIFICATION OF PETITIONS IN ACCORDANCE WITH COUNCIL PROCEDURE RULES In accordance with Council Procedure Rule No. 11, the Chief Executive will report the receipt of any petitions. There can be no debate or comment upon these matters at the Council meeting.
Minutes: 5.1 None received. |
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QUESTIONS BY THE PUBLIC IN ACCORDANCE WITH COUNCIL PROCEDURE RULES PDF 7 KB The Chairs of Committees to answer any questions by the public of which notice has been given no later than midday three clear working days before the day of the meeting in accordance with Council Procedure Rule No. 12.
Minutes: 6.1 The Deputy Monitoring Officer had received two questions from Mr Regester.
6.2 Mr Regester was not present at the meeting and the questions had been tabled.
6.3 The Deputy Monitoring Officer had referred one question forwarded by Mr Regester to Councillor Ward, as he was the Portfolio Holder at the time the report was taken to Cabinet.
6.4 Question 1 to Councillor Ward from Mr Register on behalf of Belle Vue Rescue, Restore and Revive Steering Group:
In accordance with Local Authorities (Executive Arrangements) Meetings and Access to Information) (England) Regulations 2012 A key decision needs to be included in the forthcoming decisions list with at least 28 clear days’ notice. The current list does not include any key decision to consider funds associated with planning on the potential Belle Vue proposal. Why is this key decision missing from the forthcoming decisions list?
6.5 Councillor Ward responded that at its meeting on 11th October 2018, Cabinet approved the earmarking of funds from Babergh’s portion of the 2018-19 Suffolk Business Rates Retention Pilot to support a number of proposed regeneration schemes in the district. £500,000 was earmarked to Belle Vue, Hamilton Road and the wider Sudbury Town Centre Development. Some of this money will be used to support the planning application for the proposed hotel and restaurant at Belle Vue. This Cabinet item first appeared on the forthcoming decisions list on 30th August 2018, reference CAB82.
6.6 Question 2 to Councillor Ward from Mr Register on behalf of Belle Vue Rescue, Restore and Revive Steering Group:
Please can you confirm that the costs for the Belle Vue proposal have been assessed under the key decisions requirements as per Part 1, 12.7.1 in the Constitution and what was the result of this assessment?
6.7 Councillor Ward responded that for correctness, the reference to the Paragraph in the Constitution should read Part 1, 12.9.1.
6.8 He then continued that he could confirm that the costs for the proposed hotel and restaurant were assessed under the key decisions requirements as per Part 1, 12.9.1 of the Constitution and this assessment was part of the evidence debated and approved by Cabinet on 12th July 2018. This was item 16 on the published agenda for that meeting and was discussed in confidential session. This Cabinet item first appeared on the forthcoming decisions list on 3rd April 2018, reference CAB36. It was then debated and approved by Council at the meeting held on 25th September 2018. This was item 15 on the published agenda for that meeting and again was discussed in confidential session. The minutes remain confidential and so I cannot provide full details of the assessment, but I can confirm that, based on the assessment, a) Council approved the development and its capital funding and b) the anticipated revenue effects over the initial 25 year lease will provide a net income to the Council every year from year 2 onwards |
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QUESTIONS BY COUNCILLORS IN ACCORDANCE WITH COUNCIL PROCEDURE RULES The Chairman of the Council, the Chairs of Committees and Sub-Committees and Portfolio Holders to answer any questions on any matters in relation to which the Council has powers or duties or which affect the District of which due notice has been given in accordance with Council Procedure Rule No. 13.
Minutes: 7.1 None received. |
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BC/19/12 OVERVIEW AND SCRUTINY COMMITTEE REPORT PDF 384 KB Chair of Overview and Scrutiny Committee Minutes: 8.1 Councillor McCraw, Chair of the Overview and Scrutiny Committee referred to Paper BC/19/12 and outlined the key points of the report including attendance at The Centre for Public Scrutiny Symposium. The publication of the Statutory Guidance on Overview and Scrutiny in Local and Combined Authorities had been the main item for the Symposium. The Chair reassured Members that the Overview and Scrutiny Committee maintained a good standard for scrutiny in accordance with the Guidance.
8.2 Councillor McCraw outlined the scrutiny of the Capital Investment Fund Company (CIFCO Capital Ltd) Business Trading and Performance Report 2018/19 and the draft CIFCO Capital Ltd Business Plan 2019/20 and informed the Council that the Overview and Scrutiny Committee endorsed the report and Business Plan.
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BC/19/13 EQUALITY AND DIVERSITY POLICY PDF 233 KB Councillor John Ward, Leader of the Council Additional documents: Minutes: 9.1 Councillor Ward introduced the report to Members. The Equality and Diversity Policy demonstrated the Council’s commitment to embedding the Equality Act 2010, which included a Public Sector Equality Duty for the right of individuals to be treated equally and fairly.
9.2 The Council had agreed that using Equality Impact Assessments was the most effective way to demonstrate that the Council paid ‘due regard’. These were completed alongside a screening process for the major decisions and identified that impacts of any proposed changes have been considered according to the protected characteristics.
9.3 Communities were becoming more diverse and the Council supported and fostered good relations between protected groups. It was important that policies and service delivery reflected both these diverse and sometimes similar needs. This also included the workforce and our commitment to ensure all officers feel included and played their part in making the Council great places to live, work and visit.
9.4 This Equality and Diversity Policy was an overarching document that embedded best practice of equality and diversity and was supported by guidance and resource. This topic would continue to evolve, and Council was asked to recommend to Cabinet the approval of this Policy to demonstrate the Council’s commitment to support and promote diversity in the communities in accordance with the Act.
9.5 Councillor Ward PROPOSED the recommendation in paragraph 3, which was SECONDED by Councillor Norman.
9.6 Councillor Busby referred to the list of characteristics in the Equality and Diversity Policy (Appendix A) and wondered why ‘politician’ was not on the list.
9.7 The Chief Executive Officer informed Members that politicians were not a protected characteristic within the law.
9.8 Members debated the list of characteristics and whom would/should be protected by the characteristics list.
9.9 Councillor Hinton was concerned about those not included in the list and felt that all should be treated equal.
9.10 Councillor Ward informed Council that the Characteristics List had been expanded since the publication of the policy and asked that the updated list be circulated to Members.
9.11 Councillor Lindsay commented that the reason this Characteristics List had been provided was because the people covered by these characteristics had been identified as being more vulnerable.
9.12 The Chief Executive Officer advised Members that the Equality and Diversity Policy would be passed to the Cabinet to explore further.
9.13 Councillor Grainger-Howard thought that the list was appropriate and was meant to help those who might not understand today’s diverse working environment.
9.14 Councillor McCraw stated that the list covered people who had previously been discriminated against in society and that this was the point of the legislation.
9.15 Councillor Barrett stated that this policy was covered by the Equality Act and the groups included in the Characteristics List were included in the Act.
9.16 The proposed Recommendation in Paragraph 3 was put to Members for voting and the vote was CARRIED
It was RECOMMENDED TO CABINET:-
That the Equality and Diversity Policy (Appendix A) be adopted.
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COUNCILLOR APPOINTMENTS Minutes: 11.1 Councillor Ward PROPOSED Councillor Davis and Councillor McLaren as Representatives on the Western Suffolk Community Safety Partnership which was SECONDED by Councillor Newman.
11.2 The proposal was put to the Council and the vote was CARRIED.
It was RESOLVED:?
That Councillor Davis and Councillor McLaren be elected as Babergh District Council’s representatives on the Western Suffolk Community Safety Partnership.
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To consider the Motion on Notice received from Councillor Malvisi:
“This Council pledges to: 1. Acknowledge a climate emergency. 2. Set up a Task Force, commencing by September 2019, to examine ways in which Babergh & Mid Suffolk Councils will respond to the climate change challenge on a spend to save basis, with the ambition to make Babergh & Mid Suffolk Councils carbon neutral by 2030. 3. To work with partners across the county and region, including the LEP and the Public Sector Leaders, towards the aspiration of making the county of Suffolk carbon neutral by 2030. 4. To work with Government to a) deliver its 25-year Environment Plan and b) increase the powers and resources available to local authorities in order to make the 2030 target easier to achieve.
Proposer: Councillor Elisabeth Malvisi Seconder: Councillor John Ward
Minutes: 12.1 The Chair invited Councillor Malvisi to move the Motion on Notice.
12.2 Councillor Malvisi began by advising Members on some background information including:
· That the United Nations Inter-Governmental panel on climate change warned that there were twelve years to limit the rise in global temperature to 1.5 centigrade, and that failure to do so would see a marked increase in sea levels and flooding, severe changes in weather patterns, crop failure, extinction of animals and global economic crisis.
· That failure to take action would have a detrimental impact on the wellbeing of the population including Babergh residents and billions of people around the world.
· At the global climate talks in December 2018 the UK signed up together with two hundred countries and agreed action on Climate change with a much greater role applied for Local and regional authorities in assisting Government in achieving their carbon emissions savings.
· Eighty-five local authorities had so far passed a climate emergency Motion to reduce their carbon footprint and to promote sustainable urban environments and economies.
· Tackling climate change could not be left to the Government alone but was the responsibility of everybody to stop the threat to the planet.
12.3 As the portfolio holder for Environment, Councillor Malvisi would like Council to resolve to support the environmental sustainability task force and to consider the following actions:
· A commission and environmental audit to identify pollution hotspots;
· An urban assessment with an aim to identify areas of improvement across the district;
· Consult experts in the field as appropriate;
· Collaborate with neighbouring and regional authorities and communities to encourage practical measures to reduce carbon footprints and to develop community renewable energy projects;
· Encourage all sectors across the district to take steps to reduce waste and become carbon neutral;
· Develop a road map for Babergh District to go carbon neutral by 2030;
· Report to Cabinet and Full Council within six months of the task force starting with an action plan setting out conservation and environmental sustainability goals to address the targets by 2030;
· Incorporate proposals on the investment implications of this proposed activity;
· Write to the Minister of State for Clean Energy and Clean Growth and state that national policy is urgently developed to reflect the seriousness of the current emergency and to release funds to authorities encouraging them to take the necessary measures at local level.
12.4 Councillor Malvisi then read the Motion to Members:
“This Council pledges to: 1. Acknowledge a climate emergency. 2. Set up a Task Force, commencing by September 2019, to examine ways in which Babergh & Mid Suffolk Councils will respond to the climate change challenge on a spend to save basis, with the ambition to make Babergh & Mid Suffolk Councils carbon neutral by 2030. 3. To work with partners across the county and region, including the LEP and the Public Sector Leaders, towards the aspiration of making the county of Suffolk carbon neutral by 2030. 4. To work with Government to a) deliver its 25-year Environment Plan and b) increase ... view the full minutes text for item 12. |
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Councillor David Busby – Acting Chair BDC (Suffolk Holdings) Ltd Additional documents:
Minutes: 10.1 Councillor Busby introduced the report and explained that the performance for 2018/19 was set against the key performance indicators, which had been set out in the previous years’ Business Plan. The net initial yield for the first year of trading was 5.75%.
10.2 The draft Business Plan for 2019/20 was set out in the Confidential Part of the agenda as Appendix A and had been prepared by the Board of CIFCO in consultation with the Company’s financial advisors Jones LaSalle. It had also been approved by the Council’s Holding Company and endorsed by the Joint Overview and Scrutiny Committee. The Business Plan formed an important part of the Governance of the Company.
10.3 Councillor Busby MOVED recommendations 3.1 and 3.2, which Councillor Holt SECONDED.
10.4 Councillor Arthey asked for clarification of paragraph 10.5 on page 32, and the reference to £3,119,558.
10.5 Councillor Parker enquired which part of Appendix A was actually considered confidential.
10.6 Emily Atack clarified that the Business Plan contained details of the operations of the Business, and prospective tenants.
10.7 Councillor Lindsay asked how it would be possible to have a public discussion of CIFCO if the Business Plan was confidential.
10.8 The Deputy Monitoring Officer explained that the Business Plan would not be in the public domain and would remain unpublished and if Members required to discuss details of the Confidential Appendix the meeting would be going into a closed session.
10.9 Councillor Ward stated that in his personal view there had been a lot of criticism of CIFCO. It was clear that retail section’s return had not been as high as previously, and therefore the intention was to invest in office and accommodation units. Retail investment was a good strategy for the future.
10.10 Councillor McCraw suggested that since the Council meeting was live streamed on YouTube, a summary of the highlights of performance and returns of CIFCO should be provided to the Members.
10.11 The Chief Executive clarified that it was only the pink papers which were not available to the public and that the public pages 25 to 42, covered a lot of the questions raised in relation to CIFCO.
10.12 The Assistant Director – Assets and Investments then summarised the performance of CIFCO against the performance indicators as detailed in the report page 28. The rest of the report outlined details of the properties required. There was information from the Business Plan covered in the report to ensure the public had as much information as possible.
10.13 The report also outlined that CIFCO was to generate an income and that last year the net income had been £1.4M across both Councils. CIFCO had made a financial loss due to set-up costs, stamp duty and fluctuation in the property market.
10.14 Councillor McCraw stated that the portfolio value had been reduced, but that this did not have an influence on the amount the Councils received from CIFCO. He wondered how many properties were examined before a decision to purchase was made ... view the full minutes text for item 10. |
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EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS) To consider whether, pursuant to Part 1 of Schedule 12A of the Local Government Act 1972, the public should be excluded from the meeting for the business specified below on the grounds that if the public were present during this item, it is likely that there would be the disclosure to them of exempt information as indicated against the item.
The author of the report proposed to be considered in Part 2 of the Agenda is satisfied that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Minutes: Members agreed that it was not necessary to proceed to a closed session on this item, as confidential issues were not discussed.
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CONFIDENTIAL APPENDIX A CIFCO CAPITAL LTD BUSINESS PLAN 2019/20 AND JOINT O&S CONFIDENTIAL MINUTE (Exempt information by virtue of Paragraph 3 of Part 1) Councillor David Busby – Acting Chair BDC (Suffolk Holdings) Ltd
Minutes: Note: there were no confidential minutes for this part of the agenda. |