Agenda and minutes

Council
Thursday, 5th December, 2019 7.00 pm

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

Contact: James Clapson 

Media

Items
No. Item

1.

Apologies for Absence

2.

Minutes of the Previous Meetings

2a

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

2b

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

2c

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

3.

Announcements

4.

Declarations of Interest pdf icon PDF 87 KB

5.

Petitions

5a

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

6.

Questions from the press and public pdf icon PDF 174 KB

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

6c

Question No.3 - Government Grants

7.

Questions from Members of the Council pdf icon PDF 253 KB

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

8.

Notice of Motion

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

11.

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

12.

Fees and Charges pdf icon PDF 116 KB

    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

    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

    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