Agenda and minutes

Apologies for absence were received from Councillor R Woodward.

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'.

Councillors R Blunt, J G Coxon, T J Pendleton, N J Rushton, S Sheahan, L Spence and M B Wyatt declared a disclosable non-pecuniary interest in item 7 - Motions, as Members of Leicestershire County Council.

Councillor R Blunt declared a disclosable pecuniary interest in item 10 - High Speed Rail (HS2) Phase 2: Consultation in Respect of Proposed Route from West Midlands to Leeds - Response of North West Leicestershire District Council, as a land owner who could be affected by the proposed route of HS2.

Councillor J G Coxon declared a disclosable pecuniary interest in item 10 - High Speed Rail (HS2) Phase 2: Consultation in Respect of Proposed Route from West Midlands to Leeds - Response of North West Leicestershire District Council, as a land and property owner who could be affected by the proposed route of HS2.

Councillor C Large declared a disclosable pecuniary interest in item 10 - High Speed Rail (HS2) Phase 2: Consultation in Respect of Proposed Route from West Midlands to Leeds - Response of North West Leicestershire District Council, as an employee of Staunton Harold Estates and having interests in land that may be affected by the proposed route of HS2.

Councillor C Meynell declared a disclosable non-pecuniary interest in item 10 - High Speed Rail (HS2) Phase 2: Consultation in Respect of Proposed Route from West Midlands to Leeds - Response of North West Leicestershire District Council, due to his association with Staunton Harold Estates, which could be affected by the proposed route of HS2.

Councillor S Sheahan declared a disclosable pecuniary interest in item 10 - High Speed Rail (HS2) Phase 2: Consultation in Respect of Proposed Route from West Midlands to Leeds - Response of North West Leicestershire District Council, as a property owner who could be affected by the proposed route of HS2.

With great sadness, the Chairman announced the untimely death of former District Councillor, Steve Peace, who was the ward member for the Hugglescote ward for 16 years from May 1991 to May 2007.  The Chairman invited Members to join him in observing a minute’s silence in memory of Steve Peace.

Councillor P Hyde said some kind words in remembrance of Steve Peace.  He recalled that they had been partners in the same ward for twelve years.  He stated that he was unconventional, but that there was no better campaigner and representative for the people of Hugglescote.  He referred to the number of community projects that were supported by Steve Peace, who believed in fairness for all.  He mentioned the family he had inherited in his second marriage.  He added that he was honoured to represent his group and the Council at the service in Whitby, and he was hoping to arrange a commemorative service in Hugglescote.  He stated that Steve Peace was a good man and this was a sad loss for the District.

Councillor P Clayfield said some kind words in remembrance of Steve Peace.  She had acted as his Deputy on the Policy Review and Development Board and recalled that they had worked well together.  She stated that she had always found him to be fair and inclusive, and offered engagement to any Member of any political affiliation.  She added that he was passionate about politics and always worked for the good of the District.  She felt sad that at the age of 60, he had had no time to enjoy retirement.  She stated that she had very fond memories of him.

Councillor J Geary said some kind words in remembrance of Steve Peace.  He recalled that he had first met him at the opening of the Springboard Centre in 1985.  He referred to his assistance in forming Mantle Community Arts, which was still going strong today.  He stated that he championed the ‘underman’ and commented that the vast majority of his allowances were put back into the community.  He added that he would bend over backwards to help anyone and everyone, and the people had lost a true champion with his passing.

Councillor N J Rushton said a few words in remembrance of Steve Peace.  He stated that he was a bit of a maverick but he had appreciated him as he was a proper old-fashioned Labour Member.  He added that he died too young and would certainly be missed.

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.

Councillor R Blunt reminded Members that this month marked the 25^th anniversary of the Kegworth air disaster which had deeply affected the District.  Of the 126 passengers and crew on board, 47 were killed and 74 were seriously injured.  He reminded Members that following the disaster, the Council had dedicated a plaque to those who died, those who were injured and those who took part in saving lives.  This plaque still stood on the footbridge 200 yards from the crash site.  On behalf of all Members, Councillor R Blunt expressed condolences to the families and survivors.

Councillor A V Smith announced that the Council had agreed to sign up to the Armed Forces Community Covenant.  She stated that by signing the Covenant, the Council was making a public statement and commitment to working with the Armed Forces community in North West Leicestershire.  She added that North West Leicestershire was proud of its longstanding links with the serving and ex serving members of HM Armed Forces and was supportive of the aims of the Covenant.  She recognised that signing the Covenant would allow existing relationships with the Armed Forces to be developed, particularly with the list of forthcoming significant national events starting this year with the 100 year anniversary of the commencement of World War I.  She advised that the pledge would be signed by the Leader of the Council, Andrew Bridgen MP, the Chief Executive of the Council and Jim Rowlinson, Chair of the North West Leicestershire Royal British Legion Groups, representing the Armed Forces community.

Councillor J Legrys said a few words about the Kegworth air crash and reiterated the importance of remembering the people who were involved in clearing the motorway.  He referred in particular to one of the first people to arrive at the site who had been deeply disturbed at what he had witnessed.  He added that there were a lot of additional names that should be listed on the memorial plaque.

Councillor J Legrys wished it to be noted that the Labour Group welcomed the Armed Forces Community Covenant.  He encouraged the Administration to extend the Covenant.  He requested that it be noted that should the Labour Group take control of the Council in 2015, they would wish the commitment to the Covenant to continue.  He spoke of his personal knowledge of fallen service personnel and expressed his desire to be involved.

Councillor G Jones spoke of the many people who were affected by the Kegworth air disaster, in particular the first firemen on the scene.

Councillor T J Pendleton spoke about the Kegworth air disaster as Kegworth and Whatton Ward Member.  He added that his wife was also the County Council Ward Member at that time.  He stated that it was noticeable as events unfolded that the forces were the first to arrive on the scene, and they had directed the traffic superbly to ensure there were no road accidents.

Councillor T J Pendleton announced that the proposals in respect of the  ...  view the full minutes text for item 60.

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 Support 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 Support Services.

Councillor D De Lacy put the following question to Councillor R D Bayliss:

“It has been reported in the media that thousands of people have been wrongly identified as liable for the bedroom tax as a result of an error by the Department of Work and Pensions. 

It has also been reported “that the Department for Work and Pensions has issued an ‘urgent bulletin’ saying tenants meeting certain specific criteria should have the cut in their bedroom tax removed until legislation is amended and Councils should refund deductions made since last April.”

Would the Portfolio Holder inform Council whether these reports are true and if so what action has the Council taken to identify these residents in North West Leicestershire”.

Councillor R D Bayliss gave the following response:

“The DWP has issued an urgent bulletin confirming that that some tenants can have their eligible rent calculated under the Housing and Council Tax Benefit (Consequential Provisions) Regulations 2006 rather than the provisions for the spare room subsidy.

This means that someone in continuous receipt of Housing Benefit since 1 January 1996 for the same property will be exempt from any under occupancy charge.

There may also be a number of allowable breaks in these conditions. If the tenancy has been inherited it should be treated in the same way.

We are currently taking Legal and Audit advice regarding the most appropriate way to confirm Housing Benefit entitlement over this extended period, and will be advising the relevant customers of the process to claim this exemption as soon as it has been confirmed.

The DWP has advised councils where possible to identify potentially affected claimants from their records and be fully satisfied that the claimant has met the criteria before removing the charge.  If it is satisfied that the conditions are fully met the under occupancy charge should be removed and the decision revised and any underpayment to date refunded to the claimant.

The DWP has also advised that a record of the case been made because they do intend to amend the legislation so that the under occupancy charge will apply to these cases and the charge will have to be reapplied when it is made law.

Of the Council tenants identified as being affected by the under-occupation charge when it was introduced, we have identified that 45 of them (8% of the total affected) were tenants in 1996. These details have been passed to the Revenues and Benefits partnership to verify continuous Housing Benefit entitlement and make contact with the customers affected”.

Councillor D De Lacy referred to one particular case where a lady had committed suicide, allegedly as a result of the bedroom tax.  He added that the cases of those 45 people in the District who had made illegal payments needed to be resolved urgently.  As a supplementary question, he asked if the Portfolio Holder would ensure that these cases were dealt with at the earliest opportunity, and report back regularly on progress made.

Councillor R D  ...  view the full minutes text for item 62.

To consider the following motion received from Councillor T Neilson:

“Council understands that as a result of government cuts Leicestershire County Council have made it clear they are unable to sustain Snibston Discovery Museum and are looking to reduce the offering to visitors by redevelopment focusing on mining and the scheduled ancient monument.

North West Leicestershire District Council is ambitious for Coalville and believes that the loss of a major part of this attraction will have a significant negative impact on Coalville. The loss of footfall to the remaining colliery museum is likely to render it unviable.

We therefore support moves for a community organisation or trust to take on the running of Snibston so that current facilities can be retained and improved upon.

We call on Leicestershire County Council to realise this is a major community asset for North West Leicestershire and wider afield and to refocus their objectives for Snibston Discovery Museum towards engagement with the community to secure the future of this vital attraction”.

Councillor T Neilson moved the following motion:

“Council understands that as a result of government cuts Leicestershire County Council have made it clear they are unable to sustain Snibston Discovery Museum and are looking to reduce the offering to visitors by redevelopment focusing on mining and the scheduled ancient monument.

North West Leicestershire District Council is ambitious for Coalville and believes that the loss of a major part of this attraction will have a significant negative impact on Coalville. The loss of footfall to the remaining colliery museum is likely to render it unviable.

We therefore support moves for a community organisation or trust to take on the running of Snibston so that current facilities can be retained and improved upon.

We call on Leicestershire County Council to realise this is a major community asset for North West Leicestershire and wider afield and to refocus their objectives for Snibston Discovery Museum towards engagement with the community to secure the future of this vital attraction”.

Councillor T Neilson spoke to the motion and stated that Snibston Discovery Museum was a jewel in the crown for Coalville and for North West Leicestershire.  He referred to the petition which had been signed by over 8,000 people asking the County Council to retain the facilities on that site.  He called for Members to join with the voices of residents in calling upon the County Council to look again at its apparent wish to partially close the site.  He stated that the Labour Group were ambitious for Coalville and despaired at the shortsightedness of any decision to reduce the offering on the Snibston site.   He expressed disgust that the Conservative and Liberal Democrat Government were making unnecessarily harsh cuts to local government, and the resultant knock-on effect for our cultural and educational offering.  He added that he was equally disgusted with Leicestershire County Council for earmarking this facility for cuts rather than putting more effort into making the site more profitable.  He welcomed the fact that the County Council were currently looking at maintaining the Colliery section of the museum, although this was required by law.  He stated that he could not see how the museum could be viable without the accompanying facilities offered by the exhibition hall, as mining museums did not bring the masses in.   He stated that Snibston had had the benefit of some diversification with the Century Theatre and the science exhibits, as well as the fashion collection, however he did not believe that the full potential of Snibston Discovery Museum had yet been realised.

Councillor T Neilson referred to the Snibston Discovery Park Business Plan from 2004 which stated that the above-average levels of user satisfaction, together with the high number of repeat visitors, suggested that any new formula for development needed to maintain the present broad range of displays.  He stated that he would be very happy to hear the County Council make a commitment to retain and invest in the facilities at the Museum, however his  ...  view the full minutes text for item 63.

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

There were no petitions received.

To confirm the minutes of the meeting of the Council held on 29 October 2013.

Consideration was given to the minutes of the meeting held on 29 October 2013.

It was moved by Councillor G Jones, seconded by Councillor G A Allman and

RESOLVED THAT:

The minutes of the meeting held on 29 October 2013 be approved and signed by the Chairman as a correct record.

Report of the Director of Services

Presented by the Regeneration and Planning Portfolio Holder

Having declared a disclosable pecuniary interest, Councillors R Blunt, J G Coxon, C Large and S Sheahan left the room during consideration of this item and took no part in the debate or voting thereon.

Councillor T J Pendleton presented the report to Members, referring to the Council’s objection to the proposed route due to the lack of positive impact upon the District.  He added that if the Council’s suggested route was not accepted, it would be necessary to represent local concerns in response to the consultation on the current route.  He referred in particular to Measham, the regeneration of which would be harshly impacted by the proposed route, and the canal basin and wharf would be put in jeopardy.  He added that any chance of reopening the Ivanhoe Line would also be scuppered.  He urged Members to make representations in respect of the damage that would be done to the District.

Councillor N Smith felt that the need to protect Measham needed to be emphasised even more strongly.  He referred to the plastics factory which employed over 500 people.  He added that if the factory was lost due to the proposed HS2 route, it would not be relocated within the District.  He stated that the proposed route would also have an impact on the proposed housing developments in Measham and these would need to be built elsewhere.  He referred to the re-watering of the canal and felt that if HS2 was going to happen, it would be a good opportunity to secure some funding to enable these works.  He asked that this be included in the submission.

Councillor T Neilson agreed that Measham would be severely impacted by HS2 and felt that it was a massive waste of money.  He added that it would impact upon the industrial estate and prevent any further development of that site.  He added that although the route would not require the demolition of houses in Measham, it would have a significant impact upon the houses on Amersham Way.  He felt that the case had to be made about the new development which was underway in Measham.  He agreed that the report highlighted the impact upon Measham very well.  He added that the National Forest/Ivanhoe Line would affect the District as a whole.  He felt that there had not been a huge commitment to getting work started on reopening the line.

Councillor J Legrys welcomed the report.  He stated that the Council had been pushing for the Derby route for some time, however there were a lot of Members who did not believe it would ever happen.  He expressed astonishment that the Conservatives had produced a written statement that they were going to support the National Forest Line.  He welcomed this statement and the cross-party support for the National Forest Line, however felt it was uncertain whether this would be achieved.  He stated that HS2 was ‘pie in the sky’, however the people who would be affected by it needed to be protected, as  ...  view the full minutes text for item 66.

Report of the Head of Finance

Presented by the Corporate Portfolio Holder

The Corporate Portfolio Holder presented the report to Members.  He advised that the proposals had been agreed by all preceptors following the reduction in Government grant.

Councillor P Hyde stated that it was getting harder to provide the same services for less money.  He felt that he could not support the proposals as this represented at 75% increase for the less well-off.  He added that the majority of those affected were working families.  He stated that the Government were attacking hard-working people and single parent families.  He felt that recommendation 2 should not be delegated to the Cabinet and should be a decision of Council.

Councillor J Geary stated that the current position was due to a lack of funds because the Government had not provided any.  He added that no one was blaming the banking system for the current economic position, but he felt that this was a contributing factor.  He stated that the wealthiest people were being given tax breaks whilst the poor were being clobbered at every opportunity.  He added that lots of people were having to choose between heating their homes and buying food, and food banks were the only growing industry at present.  He felt that this was down to the current Administration.  He referred to recommendation 2 and felt that delegating further powers to Cabinet was a retrograde step.  He felt that the matter of raising taxes must be a responsibility of the Full Council and he wanted every decision to come back to the Chamber.

Councillor J Legrys stated that he was perplexed that there was no money, however there was money available to build HS2.  He added that he was appalled by this, had shared his views and would be writing to the Leader to invite him to visit a food bank.  He felt that methods other than hitting the poor should be considered.  He added that this would be increasing the burden by 75% and was forcing the poor to use food banks.  He stated that he could not support the proposal as it was morally wrong.

Councillor N Clarke stated that the agenda was full of items which were a direct impact of the Government.  He stated that you could blame the previous Government of the banks, but the people who were not to blame were those who were affected by the policy.  He highlighted that the report seemed to show a small surplus, and felt that every penny should go to support the people who were affected by the policy.

Councillor T Neilson stated that there was a cost of living crisis in Great Britain and people were still struggling.  He added that payday loan companies were rife, loan sharks were prevalent and courts were experiencing a boom.  He stated that at a time when everyone was feeling the squeeze, the Council was asking those who were feeling it most to pay more again.  He felt that it was unfair that millionaires were being given a tax break.  He  ...  view the full minutes text for item 67.

Report of the Chief Executive

Presented by the Community Services Portfolio Holder

Councillor A V Smith presented the report to Members, drawing their attention to the previous report to the Licensing Committee.

Councillor D De Lacy stated that he agreed with the vast majority of the document and welcomed the move to the whole of the District being a consent area.  He expressed concerns regarding relaxing controls around schools and asked what would prevent a burger van selling sugary drinks outside schools and on what grounds and officer could refuse an application.

Councillor A V Smith appreciated the concerns regarding schools and added that the policy was intended to prohibit this.  She advised Members that every trader would need consent and she gave assurances that officers would not be giving consents to burger vans outside schools.  She added that consent could also be withdrawn.

It was moved by Councillor A V Smith, seconded by Councillor N Smith and

RESOLVED THAT:

The draft Street Trading Policy be approved.