Agenda and minutes

Apologies for absence were received from Councillor C Benfield.

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

There were no interests declared.

To appoint the Chairman of the Council for the ensuing municipal year.

Councillor V Richichi said a few words regarding his year as Chairman. He thanked Councillor J Hoult for supporting him as his Deputy during the year and he welcomed Councillors J Simmons and R Morris following their election in May. He acknowledged how difficult the past twelve months had been and that he hoped no other generations had to endure such a horrific pandemic.

Nominations were sought for the Chairman for the ensuing municipal year.

It was moved by Councillor R Bluntthat Councillor V Richichi be appointed as Chairman of the Council for 2021/22.

The motion was seconded by Councillor R Ashman.

Upon being put to the vote it was

RESOLVED THAT:

Councillor V Richichi be appointed Chairman of the Council for 2021/22.

Councillor VRichichi remained in the Chair and signed the Declaration of Acceptance of Office.

The Chairman thanked Members for electing him as Chairman for another year. He stated that he would remain impartial throughout his time in the role and treat all Councillors equally.

To appoint the Deputy Chairman of the Council for the ensuing municipal year.

It was moved by Councillor R Blunt that Councillor R Boambe appointed as Deputy Chairman of the Council for 2021/22.

The motion was seconded by Councillor R Ashman and

Upon being put to the vote it was subsequently

RESOLVED THAT:

Councillor R Boam be appointed as Deputy Chairman of the Council for 2021/22.

Councillor R Boam received the Deputy Chairman’s chains and signed the Declaration of Acceptance of Office.

Councillor R Boam thanked members for electing him as Deputy Chairman and that he would support the Chairman as needed throughout the year.

To appoint the Leader of the Council for the ensuing municipal year.

It was moved by Councillor T Gillard that Councillor R Bluntbe appointed as Leader of the Council for 2021/22.

The motion was seconded by Councillor K Merrie and

Upon being put to the vote it was subsequently

RESOLVED THAT:

Councillor R Blunt be appointed as the Leader of the Council for 2021/22.

Councillor R Blunt thanked Members for electing him to the role for the 15^th year and that there was a huge agenda in front of them for the year ahead. He stated that he would do his best for every member of the Council.

The Chairman stated that he hoped to be able to promote the Council more over the year and he wished to see more of the Councillors supporting his charity dinners throughout the year, the first of which would be held on 1 July 2021. He advised that his chosen charities for the year were the RNLI and Mountain Rescue.

Members are reminded that under paragraph 11.1 of part 4 of the Constitution, questions can be asked of the Leader and Cabinet Members without notice about any matter contained in any address.  Questions shall be limited to five minutes in total for each announcement.

The Leader of the Council, Councillor R Blunt announced the appointments and delegations of executive functions for the forthcoming municipal year as follows:

Leader – Councillor Richard Blunt

Deputy Leader and Planning and Infrastructure Portfolio – Councillor Robert Ashman

Community Services Portfolio – Councillor Andrew Woodman

Corporate Portfolio – Councillor Nick Rushton

Housing, Property and Customer Services Portfolio – Councillor Roger Bayliss

Business and Regeneration Portfolio holder – Councillor Tony Gillard

As in previous years the Executive responsibilities were to be delegated to the Cabinet to take decisions collectively.

He was also pleased to announce that the Council was one of fourteen local authorities that had been selected by the MHCLG to receive funding towards developing principles to support the local design code. He added that it was a real opportunity to be at the forefront of good practice nationally when it came to design, building on the excellent work that the Council had already put in over recent years to raise standards.

Councillor S Sheahan advised the members of the Labour Group’s shadow portfolio holders. They were:-

Business / Employment / Infrastructure – Councillor C Sewell

Climate Emergency / Biodiversity / Air Quality – Councillor M Hay

Planning, including Devco & Freeport – Councillor J Legrys

Housing, Property & Customer Services – Councillor D Everitt

Coalville Project – Councillor J Geary

Community Services, including Leisure – Councillor D Bigby

Finance & Corporate – Councillor S Sheahan

The Community Services Portfolio Holder, Councillor A Woodman stated that he was pleased to announce the Council was launching its new scheme to wage war on litter within the district. He advised that a detailed plan was being developed which would set out how the litter problems would be tackled, the first stage of which would be launching a grant scheme, which would provide money to Parish Councils to support volunteers in their areas. He noted the increase in the number of people volunteering to litter pick and took the opportunity to thank them all.

To receive questions from members of the public under procedure rule no.10.  The procedure rule provides that members of the public may ask members of the Cabinet any question on any matter in relation to which the Council has powers or duties which affect the District, provided that three clear days’ notice in writing has been given to the Head of Legal and Commercial Services.

There were no questions received.

To receive members’ questions under procedure rule no.11.  The procedure rule provides that any member may ask the Chairman of a board or group any question on any matter in relation to which the Council has powers or duties which affect the District, provided that three clear days’ notice in writing has been given to the Head of Legal and Commercial Services.

The Chairman advised that five questions had been received and that he would take them in the order that they had been received.

The Chairman invited Councillor R Johnson to ask his question addressed to Councillor R Ashman.

“1. What forward plans has this council have, in putting in place support and training of the Council's Planning Enforcement team in the next financial year?

2. What is the view of the Portfolio holder for Planning and Regeneration where a developer has placed on them conditions to retain trees, then breaks that condition and fells 5 healthy ones, that this council's planning enforcement does not enforce the conditions set when planning permission was accepted by the developer, with no sanction nor implements a fine? 

This sends out in my humble opinion the wrong message to our communities that developers can do what they want, when they want.

 3. What is the view of the Planning Portfolio holder for Planning and Regeneration on the destruction of our countryside's wildlife habitats by uncaring developers where unknown persons are setting snares, where domestic animals get caught in them, fencing off Badger's setts destroying our wild animals' habitats, the destruction of our hedgerows and trees where our wild birds are nesting?

Is this progress that we as countryside communities must swallow and take a blind eye too?”

The Chairman invited Councillor R Ashman to respond.

“1.Training for all staff including planning enforcement officer’s is discussed and agreed at the 6 monthly reflection meetings. This includes new and refresher training to ensure continual personal development is kept up to date.

2. Where conditions are placed upon developers for the retention of trees, it would be expected that these conditions are adhered too.  However, there are instances where, on further investigation, the tree(s) are rotten or diseased and need to be felled for safety reasons. This should be dealt with through discussion between developers and officers about the need to vary the planning permission The Planning Enforcement team will investigate any complaints of trees being felled without this process being followed, and may suggest a retrospective application be made, which could include mitigation measures such as replacement trees. If agreed mitigation is not forthcoming, the Planning Enforcement team would follow the enforcement policy to determine the next steps. 

I do not know the site that Cllr Johnson is concerned about and it would not be appropriate to discuss a specific complaint or enforcement case at Council.  However, if Cllr Johnson would like to provide me with details outside this meeting, I will work with officers to provide a specific response.

3. The Council’s Planning team ensure that relevant conditions are attached to approved planning permissions to ensure protection of the countryside and wildlife habitats and that any removal of trees and hedgerows outside of the approved permission will be investigated by the Planning Enforcement Team.

The fencing off of badger setts, destruction of wildlife habitats and setting of snares is a criminal matter under The Wildlife and  ...  view the full minutes text for item 9.

To consider any motions on notice under procedure rule no. 12.

No motions were received.

To receive petitions in accordance with the Council’s Petition Scheme. 

No petitions were received.

To confirm the minutes of the meetings of the Council held on 23 February 2021 and 16 March 2021

Consideration was given to the minutes of the meetings held on 23 February 2021 and 16 March 2021.

It was moved by Councillor V Richichi, seconded by Councillor R  Boam and

RESOLVED THAT:

The minutes of the meetings held on 23 February 2021 and 16 March 2021 be approved and signed by the Chairman as a correct record.

Report of the Head of Legal and Commercial Services

Councillor T Gillard presented the report to members.

The Chairman stated that he would take a vote individually for the appointment of Chairman of the Community Scrutiny Committee, as more than one nomination had been received, then the remaining nominations would be voted for en bloc.

Councillor J Legrys requested a recorded vote on Councillor T Eynon’s nomination. The voting was as detailed below.

For the motion:- Councillors Bigby, Black, Everitt, Eynon, French, Geary, Hay, Johnson, Legrys, Sewell, Sheahan, Windram and Wyatt(13).

Against the motion:- Councillors Allman, Ashman, Bayliss, Blunt, Boam, Bridgen, Bridges, Canny, Clarke, L Gillard, S Gillard, T Gillard, Harrison, Harrison-Rushton, G Hoult, J Hoult, Merrie, Morris, Richichi, Rushton, Saffell, Simmons, Smith and Woodman(24).

The vote was declared LOST.

A vote was taken on the appointment and Councillor K Merrie was appointed as the Chairman of the Community Scrutiny Committee.

It was moved by Councillor T Gillard, seconded by Councillor M Hay and

RESOLVED THAT:

a)    The appointments to the Committees and Groups as set out in the additional papers be agreed.

b)    The Chairmen and Deputy Chairmen of the remaining Committees and Groups as set out in the additional papers be agreed.

Report of the Head of Legal and Commercial Services

Councillor T Gillard presented the report to members.

The Chairman stated that he would take a vote individually for the nominations to the Ashby de la Zouch Endowed Schools Foundation as there were more nominations than seats available and then the remaining nominations would be voted for en bloc.

A vote was taken on the appointment and Councillor R D Bayliss was appointed to the Ashby de la Zouch Endowed Schools Foundation.

It was moved by Councillor T Gillard, seconded by Councillor M Hay and

RESOLVED THAT:

The representatives, as listed in the additional papers, be appointed to serve on the Community Bodies.

Report of the Head of Legal and Commercial Services

Councillor T Gillard presented the report to members.

He noted a request to move the meeting of the Licensing Committee, that was scheduled to be held on 16 June 2021, to 30 June 2021

It was moved by Councillor T Gillard, seconded by Councillor N Smith and by affirmation of the meeting it was

RESOLVED THAT:

Subject to the change of date of Licensing Committee from 16 June 2021 to 30 June 2021, the schedule of meetings for 2021/22 be approved.

Report of the Head of Legal and Commercial Services

Councillor N J Rushton presented the report to members.

It was moved by Councillor N J Rushton, seconded by Councillor R Blunt  and

RESOLVED THAT:

The Independent persons listed in paragraph 2.2 of the report be appointed for a term of office for four years until Annual Council in May 2025

Report of the Head of Legal and Commercial Services

Councillor N J Rushton presented the report and invited the Chairman of the Audit and Governance Committee, Councillor S Gillard, to say a few words.

Councillor S Gillard noted the increase in the number of complaints that had been received over the past year and they mainly related to comments either on social media or in meetings. He advised that the LGA had published a new Member’s Code of Conduct, which was being reviewed by the Monitoring Officers across the County and the new code would be brought to the Audit and Governance Committee and Council for approval and adoption at a later date.

It was moved by Councillor N J Rushton, seconded by Councillor S Gillard and

RESOLVED THAT:

The Member Annual Conduct Report 2020/21 be endorsed.

Report of the Chief Executive

Councillor R Blunt presented the report to members.

It was moved by Councillor R Blunt, seconded by Councillor R Ashman and

RESOLVED THAT:

The report be noted.