Agenda and minutes

Venue: Council Chamber, Council Offices, Cecil Street, Margate, Kent. View directions

Contact: James Clapson 

Media

Items
No. Item

1.

Apologies for Absence

Minutes:

Apologies were received from Councillors; Braidwood, Constantine, Farrance, Green, Paul Moore and Stevens.

2.

Minutes of the Previous Meetings

2a

Minutes of the Extraordinary Meeting 7 October 2019 pdf icon PDF 51 KB

To approve the Minutes of the extraordinary meeting of Council held on 7 October 2019, copy attached.

 

Minutes:

It was proposed by the Chairman, seconded by the Vice-Chairman and agreed, that the minutes of the extraordinary Council meeting held on 7 October 2019 be approved and signed by the Chairman.

2b

Minutes of the Meeting 10 October 2019 pdf icon PDF 124 KB

To approve the Minutes of the meeting of Council held on 10 October 2019, copy attached.

 

Minutes:

It was proposed by the Chairman, seconded by the Vice-Chairman and agreed, that the minutes of the Council meeting held on 10 October 2019 be approved and signed by the Chairman.

 

2c

Minutes of the Extraordinary Meeting 10 October 2019 pdf icon PDF 46 KB

To approve the Minutes of the extraordinary meeting of Council held on 10 October 2019, copy attached.

 

Minutes:

It was proposed by the Chairman, seconded by the Vice-Chairman and agreed, that the minutes of the extraordinary Council meeting held on 10 October 2019 be approved and signed by the Chairman.

 

3.

Announcements

To receive any announcements from the Chairman, Leader, Members of the Cabinet or Chief Executive in accordance with Council Procedure Rule 2.2 (iv).

Minutes:

There were no announcements.

4.

Declarations of Interest pdf icon PDF 87 KB

To receive any declarations of interest.  Members are advised to consider the advice contained within the Declaration of Interest advice attached to this Agenda.  If a Member declares an interest, they should complete the Declaration of Interest Form 

Minutes:

There were no declarations of interest.

5.

Petitions

To receive petitions from the public in accordance with Council Procedure Rule 12.

5a

Cabinet Response to Petition on Save Our NHS in Kent Judicial Review pdf icon PDF 168 KB

  • View the background to item 5a

Additional documents:

Minutes:

Members noted the report.

 

 

6.

Questions from the press and public pdf icon PDF 174 KB

To receive questions received from the press or public in accordance with Council Procedure Rule 13.

6a

Question No.1 - Land at Tivoli Park Avenue

Minutes:

Ms Garfield asked Councillor Yates the following question:

 

“The 'official copy of register of title' for Tivoli Park Avenue sold by yourselves clearly shows that there is a restrictive covenant attached to this land.  As its statutory successor and the legal enforcers of this covenant, can you explain why you purported that the land does not have one?”

 

Councillor Yates responded with the following points:

·  The last paragraph of the answer given at the Council meeting in September had not been entirely clear.

·  The Council owned various parcels of land around Tivoli Park Avenue and some had been sold.

·  One of the pieces of land contained a restrictive covenant, imposed by the people who sold the land to the Borough of Margate.

·  The covenant stated that the land should be used as public park gardens or recreation space.

·  When selling various parcels of this land, the Council had complied with all the necessary legal requirements, including advertising it’s intention to sell.

·  The Council could not enforce the covenant. Only the original sellers (or their successors) who imposed the covenant initially were entitled to enforce it.

·  The Council sold the land at auction with limited title guarantee.

 

 

6b

Question No.2 - Recycling facilities for Westbrook Flats

Minutes:

The questioner was unavailable to put the question to Council, therefore it would be responded to in writing.

 

 

6c

Question No.3 - Government Grants

Minutes:

The questioner was unavailable to put the question to Council, therefore it would be responded to in writing.

 

7.

Questions from Members of the Council pdf icon PDF 253 KB

To receive questions from Members of the Council in accordance with Council Procedure Rule 14.

7a

Question No.1 - Broadstairs Neighbourhood Plan

Minutes:

Councillor Bailey asked the Leader the following question:

 

“The community has spent four years drafting and preparing a Neighbourhood Plan for Broadstairs and St Peter's. The plan was successfully examined by an Independent Examiner and only minor changes were required.

 

When will Thanet District Council proceed to put the plan forward to Local Referendum?”

 

The Leader responded with the following points:

 

  • The National Planning Policy Framework required local planning authorities to ensure that Neighbourhood Plans were consistent with Local Plans and that they conformed with national criteria and guidelines. If the council failed to adhere to this duty it could potentially be subject to Judicial Review.
  • The draft Broadstairs and St Peter's Neighbourhood Plan had been examined in public and the examiner's report had been sent to the Council. The examiner recommended a number of modifications to the plan. 
  • The Council's Cabinet considered the draft neighbourhood plan at its meeting on 25 July 2019, and decided to consult the local community about two proposed local green spaces that were considered to not meet the national criteria for designation. 
  • The consultation had been completed and a further report would be considered by Cabinet on 16 December 2019.  The report would include an option to refer the plan back to examination to reconsider the two proposed local green spaces prior to proceeding to a referendum.

 

Councillor Bailey  followed up her question by asking why, in the spirit of localism, the local plan had been given such as precedence over the Broadstairs neighbourhood plan with regard to the two proposed local green spaces.

 

The Leader responded that the Council needed to protect itself from judicial review and would need to evidence that the sites met the criteria for designation as local green space.

 

7b

Question No.2 - Council Housing Stock

Minutes:

Councillor Pugh asked Councillor Whitehead the following question:

 

“The health and safety failings that were identified some months ago of East Kent Housing is a grave failure of the council’s duty of care towards its tenants. With their safety being of the utmost priority, what is this Council doing to bring our housing stock directly back under control.”

 

Councillor Whitehead responded with the following points:

 

  • The health and safety of residents and tenants was paramount. 
  • Cabinet wished to reduce reliance on arms length organisations. On 17 October it approved a formal consultation with all tenants and leaseholders.  Consultation was a specific legal requirement of Section 105 of the Housing Act 1985. 
  • The consultation would be completed on the 20th of December, and a report would be considered by Cabinet in February 2020. 
  • The Council would continue to hold weekly meetings with East Kent Housing to keep a continued and constant focus on improvement. 
  • The Council worked with the regulator for social housing and with expert external consultants, to ensure that everything possible was done to remedy the failures as quickly as possible. 
  • The Council’s role was to serve and provide for residents.  The health and safety of residents and tenants was a fundamental duty and of paramount importance. 

 

Councillor Pugh followed up his question by asking what had changed since the labour administration had taken control of the Council.

 

Councillor Whitehead responded that her motion was put before Council in October to highlight the need to bring the management of the Council’s housing stock in-house.  The statutory regulations would be followed to the letter to ensure that nothing impeded the work that needed to be done.

 

 

7c

Question No.3 - Parking Charges

Minutes:

The question was withdrawn at the request of the questioner.

 

8.

Notice of Motion

To receive any Notices of Motion from Members of Council in accordance with the Council Procedure Rule 3.

Minutes:

There were no notices of motions.

9.

Leaders Report pdf icon PDF 185 KB

To receive a report from the Leader of the Council in accordance with Council Procedure Rule 2.4.

 

Minutes:

During his report the Leader covered the following areas:

  • The Leader offered thanks to the Chamber for the opportunity to lead the Council.
  • It was clear that addressing the condition of the public toilets in the District was a top priority.
  • Congratulations were offered to Councillor Game on becoming leader of the Conservative group.
  • Congratulations were offered to Councillor Ara who was named Community Champion Winner in the LGiU and CCLA 2019 Councillor Achievement Awards.
  • The Leader joined Councillor Ara at the annual remembrance Sunday event in Ramsgate.
  • The approach to budget setting had been open and transparent, the budget would reflect the priorities of residents.
  • The Leader had visited Manston and had seen the scale of the Brexit operation there.
  • The Council supported the proposed Parkway Station development.  There would be a Member’s briefing on the latest proposals. 
  • The Ramsgate Port feasibility study would be available soon.
  • Congratulations were offered to everyone involved in the Turner Prize and Dreamland’s deserved recognition for it’s contribution to proceedings.

 

Councillor Game as Leader of the Conservative Party responded with the following points:

  • Councillor Bayford deserved thanks for this work as the previous Leader of the Council.
  • Praise should be offered for the cleanliness of Margate during the Turner prize.
  • Congratulations were offered to Councillor Ara.
  • There was a need to form a Town Council in Margate.
  • Thanks were offered to the finance team who had provided a number of in depth briefings for Members on the budget. 
  • Everyone agreed that the health and safety of housing tenants was paramount.
  • It was hoped that Manston would become a working airport.
  • The majority of Cliffsend residents were not in favour of the Parkway Station proposals, there would need to be a wide consultation.
  • The Turner Prize had been a boost to Margate and the wider Thanet area.

 

The Leader replied to Councillor Game’s comments with the following points:

  • Councillor Bayford deserved thanks for his time as Leader of the Council.
  • There needed to be a wide consultation on the Parkway Station proposals.  Some residents of Cliffsend were keen on the idea.

 

Councillor Reverend Piper as leader of the Thanet Independents Party made the following points:

  • There had been some good collaborative working since the Labour administration came into control.
  • The finance briefings had been very good. 
  • A Parkway Station would be good for Thanet.
  • Thanks were offered to the Chief Executive for her responses to questions raised at the November Cabinet meeting.
  • There should be no additional financial risk resulting from a competitive tender for the replacement of berths four and five at the Port of Ramsgate. These cost should have been accounted for when the replacement of the berths were first agreed.

 

The Leader replied to Councillor Reverend Piper’s comments with the following point:

  • It was good that the three main political groups were of the same understanding regarding the need to replace the berths at the Port.

 

Councillor Roper as Leader the Green Party made the following points:

10.

Report of the Chairman of the Overview and Scrutiny Panel pdf icon PDF 95 KB

Additional documents:

Minutes:

Councillor Campbell, the Vice-Chairman of the Overview and Scrutiny Panel, presented the report and the following points were noted:

·  There had been one Panel meeting since the last meeting of Council, the main item discussed was the provision of traveller sites in Thanet.

·  The Panel rejected the sites recommended by the Traveller Review Working Party and recommended to Cabinet that further work be undertaken, that included extensive public consultation.

·  Future topics to be considered by the Panel were: The future management of housing stock in January, and a service review of operational services in February.

 

Members noted the report.

 

11.

2019-20 Mid-Year Treasury Management Review pdf icon PDF 436 KB

  • View the background to item 11.

Additional documents:

Minutes:

It was proposed by Councillor Yates, seconded by Councillor Albon and Members agreed the recommendations detailed in the report, namely;

 

“That Council:

·  Approves this report and the prudential and treasury indicators that are

shown,

·  Approves the proposed changes to the 2019-20 Treasury Management

Strategy Statement.”

 

12.

Fees and Charges pdf icon PDF 116 KB

  • View the background to item 12.

Additional documents:

Minutes:

It was noted that in accordance with council procedure rule 17.6, a recorded vote would be taken on the motion or any amendments and substantive motions.

 

It was proposed by Councillor Yates and seconded by Councillor Albon that:

 

“Council approve the Fees and Charges as listed in Annex 1 of the report.”

 

The Monitoring Officer conducted a recorded vote on the motion as follows:

 

49 Members voted in favour the motion: Councillors Albon, Ara, Ashbee, Bailey, Bambridge, B Bayford, J Bayford, Boyd, Campbell, Coleman-Cooke, Crittenden, Currie, Day, Dennis, Dexter, Duckworth, Everitt, Fellows, Game, Garner, Gregory, Hart, Hopkinson, Huxley, Keen, Kup, Pat Moore, Ovenden, Parsons, L Piper, S Piper, Potts, Pugh, Rawf, Rogers, Roper, Rusiecki, D Saunders, M Saunders, Savage, Scott, Shrubb, Taylor, Tomlinson, Towning, Whitehead, Wing, Wright, Yates.

 

0 Members voted against the motion.

 

0 Member abstained from voting on the motion.

 

The motion was carried.

 

 

13.

Appointment of an East Kent Joint Remuneration Panel pdf icon PDF 196 KB

Minutes:

It was proposed by Councillor Duckworth, seconded by Councillor Yates and Members agreed the recommendations detailed in the report, namely;

 

·  To confirm the Council’s continued participation in the East Kent Joint Independent Remuneration Panel (EKJIRP) until 30 November 2023.

·  To appoint Mrs Kerry Sabin-Dawson and Mrs Sue Longden as Thanet District Council’s representatives on the EKJIRP for a four year term expiring on 30 November 2023.

14.

Representation on Outside Bodies pdf icon PDF 63 KB

  • View the background to item 14.

Additional documents:

Minutes:

The Leader proposed, Councilor Yates seconded and Members agreed the list of non-executive outside bodies with the following nominations:

 

 

Name of Outside Body

No. of

Reps

Representatives 2019/20

Action with Communities in Rural Kent 

2

1.

2.

Age UK: Thanet 

1

Campaign to Protect Rural England

1

Canterbury Festival

1

Whitehead

Citizens Advice Bureau, Thanet

2

1.Rawf

2.Keen

East Kent Housing Board 

1

Millmead Children’s Centre Partnership Ltd

1

Duckworth

Multiple Sclerosis Society

1

Gregory

Parking and Traffic Regulation Outside London

1

Powell Cotton Museum and Quex House

1

(The) River Stour (Kent) Internal Drainage Board

1

Parish Cllr Crow-Brown

Sandwich and Pegwell Bay National Nature Reserve Steering Group

1

Huxley

Thanet Countryside Trust

2

1.

2.

Thanet Rural Regeneration Group

1

Wright

Thanet Sports Network

1

+reserve

1.Garner

2.Scott (reserve)

Thanet Volunteer Bureau

1

Scott

The Friends of Margate Cemetery Trust

2

1.Tomlinson

2.Yates

Trust for Thanet Archaeology

2

1. Wright

2.Whitehead

Youth Advisory Group

(formerly, Concorde Youth Centre)

1

Kup

 

15.

Changes to Committees, Panels and Boards 2019/20 pdf icon PDF 160 KB

  • View the background to item 15.

Minutes:

It was proposed by the Chairman, Seconded by the Vice-Chairman and Members agreed to create a Standards Appointments Working Party with a membership of four Members, and a political balance of two Conservative Members, one Labour Member and one Thanet Independents Member.

 

Members noted the following nominations to committees, panels and boards for the remainder of the 2019/20 year:

 

Planning Committee

Conservative

Labour

Thanet Independents

Green

1

Tomlinson

1

Duckworth

1

Taylor

1

Garner

2

Coleman-Cooke

2

Scobie

2

Dennis

3

J Bayford

3

Albon

4

Wright

4

Keen

5

Hart

5

Currie

6

Scott

 

 Planning Committee (pool of substitute Members)

Conservative

Labour

Thanet Independents

Green

1

Towning

1

Everitt

1

Rusiecki

1

Roper

2

Stevens

2

Campbell

2

S. Piper

3

Paul Moore

3

Pat Moore

4

4

Green

5

5

 

 

 

 

 

 Licensing Board

Conservative

Labour

Thanet Independents

Green

1

Bambridge

1

Currie

1

Potts

1

Wing

2

Rogers

2

Green

3

Dexter

3

Ara

4

M Saunders

4

Scobie

5

Wright

5

Huxley

6

Shrubb

 Overview & Scrutiny Panel

Conservative

Labour

Thanet Independents

Green

1

R Bayford

1

Campbell

1

L Piper

1

Roper

2

Boyd

2

Huxley

2

Rusiecki

3

Coleman-Cooke

3

Gregory

4

Paul Moore

4

Pat Moore

5

Parsons

5

Hopkinson

6

Scott

 

Governance and Audit Committee

Conservative

Labour

Thanet Independents

Green

1

Day

1

Crittenden

1

Braidwood

1

Garner

2

Dexter

2

Moore

3

Boyd

3

Campbell

4

Kup

4

Currie

5

Shrubb

5

tbc

6

Towning

 

 

Governance and Audit Committee (Pool of Substitute Members)

Conservative

   Labour

Thanet Independents

Green

1

Pugh

1

 

1

Potts

1

Roper

2

Scott

2

 

3

3

4

4

General Purposes Committee

Conservative

Labour

Thanet Independents

Green

1

Game

1

Campbell

1

S Piper

2

Pugh

2

Everitt

3

Stevens

3

Rawf

4

Day

4

Ovenden

5

D Saunders

 

 General Purposes - (Pool of Substitute Members)

Conservative

Labour

Thanet Independents

Green

1

Wright

1

Albon

1

Braidwood

2

Dexter

2

Pat Moore

3

Rogers

3

Scobie

4

4

5


Boundaries and Electoral Arrangements Working Party

Conservative

Labour

Thanet Independents

Green

1

Parsons

1

Currie

1

S Piper

2

Moore

2

Green

3

Stevens

 Constitutional Review Working Party

Conservative

Labour

Thanet Independents

Green

Independent Members

(non Councillors) *

1

Stevens

1

Hopkinson

1

Piper

1

Sexton

2

Tomlinson

2

Vacant

NOTE: *drawn from the Independent Members of the Standards Committee 

 

Standards Committee

Conservative

Labour

Thanet Independents

Green

Independent Members

(non Councillors) *

 

1

Kup

1

Campbell

1

Braidwood

1

Sexton

 

2

Dexter

2

Duckworth

2

Vacant

 

3

Fellows

3

Crittenden

3

Vacant

 

4

J Bayford

4

Vacant

 

Joint Transport Board

Conservative

Labour

Thanet Independents

Green

1

M Saunders

1

Scobie

1

Taylor

2

Fellows

2

Farrance

3

Hart

3

Keen

 

East Kent Services Committee

Labour

Conservative

Thanet Independents

Green

1

Everitt

 

2

Whitehead

 

 

Standards Appointments Working Party

Conservative

Labour

Thanet Independents

Green

1

Fellows

1

Scobie

1

Dennis

 

 

 

 

 

16.

Rearrangement of January 2020 Planning Committee pdf icon PDF 266 KB

Minutes:

It was proposed by the Chairman, seconded by the Vice-Chairman and Members agreed that 15 January 2020 Planning Committee meeting be moved to 22 January 2020.