Agenda and minutes

County Council - Thursday, 18th October, 2018 10.00 am

Venue: Council Chamber, Sessions House, County Hall, Maidstone. View directions

Contact: Denise Fitch  03000 416090

Media

Items
No. Item

90.

Apologies for Absence

Additional documents:

Minutes:

The General Counsel reported apologies from Miss K Constantine, Mr A Cook, Mrs M Crabtree, Mr M Dance, Mrs L Game, Mrs S Gent, Mr P Harman, Mr M Horwood, Mr J Kite, Mr G Koowaree, Mr R Love and Mr G Lymer.

 

91.

Declarations of Disclosable Pecuniary Interests or Other Significant Interests in items on the agenda

Additional documents:

Minutes:

Item 7 – Autumn Budget Statement

 

(1)                Mr Lewis declared an interest as his wife was employed by the County Council.

 

(2)              Dr Sullivan declared an interest as her husband was employed by the County Council as an Early Help and Prevention officer.

 

Item 12 – Motion for Time Limited Debate

 

(3)                   Mr Manion declared an interest as he undertook work in the oil and gas industry.

 

 

92.

Minutes of the meeting held on 12 July 2018 and, if in order, to be approved as a correct record pdf icon PDF 112 KB

In approving the minutes as a correct record Members are asked to note that the Appendix to the report on Members Allowances should have included an allowance for the Lead Member for Trading Services at the equivalent of Cabinet Member.  This allowance was recommended by the Independent Member Remuneration Panel and agreed by the County Council on 13 July 2017.   

 

Additional documents:

Minutes:

RESOLVED that the minutes of the meeting held on 12 July 2018 be approved as a correct record subject to :

 

(a)    It being noted that the Appendix to the report on Members Allowances (minute no 87 refers) should have included an allowance for the Lead Member for Trading Services at the equivalent of Cabinet Member.  This allowance was recommended by the Independent Member Remuneration Panel and agreed by the County Council on 13 July 2017.

 

(b)    Minute no 86 (Brexit Preparedness – Kent County Council) being amended as follows:

 

“(3) Mr Oakford moved and Mr Gibbens seconded the procedural motion “that the question be put” …….”

 

 

93.

Chairman's Announcements

Additional documents:

Minutes:

 

(a)      Mr John Simmonds

 

(1)              The Chairman stated that it was with regret that he had to inform Members of the death of Mr John Simmonds, Conservative Member for Canterbury North from June 2001. Mr Simmonds served as Deputy Leader of the Council from 2013 to 2017 and Cabinet Member for Finance from 2008 to 2018. Mr Simmonds’ service of thanksgiving had taken place on Thursday 6th September 2018.

(2)           A short film in memory of Mr Simmonds which had been produced by Miss Carey was played.

 

(3)             The Chairman read a message to Members from Mr Simmonds’ daughter, Nicola, thanking the KCC community for their kind words and messages of condolence.

 

(4)           Mr Carter, Mr Bird, Mr Farrell, Mr Whybrow, Mr Gibbens, Mr Thomas and Mr Simkins paid tribute to Mr Simmonds.

 

(b)     Mr Alfred Mersh

 

(6)      The Chairman stated that at the July meeting he, with regret, had informed Members of the death of Mr Alfred Mersh on Tuesday 17 July, former Labour Member for Gravesend South from 2001 to 2005.

 

(7)  Mrs Allen, Dr Sullivan and Mr Bird paid tribute to Mr Mersh.

 

(c)     Mr John Ovenden

 

(8)         The Chairman stated that it was with regret that he had to inform Members of the death of Mr John Ovenden, former Labour Member for Gravesend South between 1985 - 2001.

 

(9)        Mr Ovenden’s funeral had taken place on Monday 13th August 2018.

 

(10)       Mrs Dean and Dr Sullivan paid tribute to Mr Ovenden.

 

(11)       Following all of the tributes, all Members stood in silence in memory of Mr Simmonds, Mr Mersh and Mr Ovenden.

 

(12)       After the one-minute silence the Chairman moved, the Vice-Chairman seconded, and it was resolved unanimously that:

 

This Council records the sense of loss it feels on the sad passing of Mr Simmonds, Mr Mersh and Mr Ovenden, and extends to their families and friends its heartfelt sympathy in their sad bereavement.

 

(d)    Hilary Lister

(13)   The Chairman stated that it was with regret that he had to inform Members of the death of Hilary Lister, former recipient of Kent County Council’s Invicta Award in April 2010 and a great friend of the County Council.

(14)    

(15)   Mr Hill paid tribute to Ms Lister.

 

(e)    South East Region’s Country Park of the Year – Brockhill Country Park, Saltwood

 

(16)       The Chairman informed Members that Brockhill Country Park in Saltwood had won the South East Region’s Country Park of the Year award for the first time in its history and congratulated and thanked Kent County Council’s staff members and officers for their great efforts which contributed towards receiving the award.

 

(f)     Armistice: Bell Ringing

 

(17)       The Chairman reminded Members that November 2018 would mark the 100th anniversary of the end of the First World War.

 

(18)       To mark this momentous occasion, the Department for Digital, Culture, Media & Sport had asked for bells, of any sort and in any location, to ring out in unison at 12.30pm on 11 November to mark the shift  ...  view the full minutes text for item 93.

94.

Questions pdf icon PDF 99 KB

Additional documents:

Minutes:

In accordance with Procedure Rule 1.17(4), 7 questions were asked, and replies given. As Mr Koowaree was not able to attend the meeting a written response was provided to Question 5.  A record of all questions put, and answers given at the meeting are available online with the papers for this meeting.

 

 

95.

Report by Leader of the Council (Oral)

Additional documents:

Minutes:

(1)  The Leader updated the Council on events since the previous meeting.

 

(2)   Mr Carter referred to the significant progress that had been made in finding solutions for the £94 million savings that needed to be found for the next Financial year, this would be considered later in the meeting.

 

(3)   Mr Carter referred to the progress that had been made across all agencies, particularly Kent Police and Highways England to ensure that all Kent Highways were kept open at the ports of Folkestone and Dover post Brexit. In relation to post-Brexit M26 lorry park plans, Mr Carter had expressed his concerns to the Secretary of State.  Mr Carter confirmed that Kent County Council supported the Traffic Assessment Project (TAP) which would allow both of the M20 carriageways to be kept open, with a contraflow system in both directions. He referred to an opportunity to introduce TAP in Lydden, Dover, in order to increase capacity as lorries embarked onto the ferry service. Mr Carter stated that he and Mr Whiting would be attending a multi-agency meeting with the Secretary of State in upcoming weeks to discuss the plan further.

 

(4)             Mr Carter confirmed that Kent County Council were working closely with Bexley Council and Dartford Borough Council to promote the vision to construct a Crossrail extension from Abbey Wood to Ebbsfleet.

 

(5)   Mr Carter referred to the challenges from the Sir John Armitt review of the Thames gateway.

 

(6)   In relation to Local Enterprise Partnerships (LEPs) Mr Carter stated that Kent County Council was campaigning to change the Government’s view on the proposed governance arrangements of LEPs.  He expressed the view that LEPs could not operate without the help and input of County Councils.  Mr Carter explained that signatures had been received from almost every leader in county governance, supporting the County Council’s involvement in LEPs and asking the Secretary of State to re-consider.

 

(7)  Mr Bird, the Leader of the Opposition, referred to the recent letter from the Secretary of State for Health and Social Care which announced that an extra £240 million would be allocated to Councils in the coming year and Mr Bird welcomed the £6 million that Kent County Council would receive.

 

(8)  Mr Bird expressed his views on the need for a more radicalised approach to social care in the UK and the need for a closer integration of social care services.  Mr Bird said that the pressure on providing hospital beds could be reduced by encouraging healthy lifestyles and healthy living environments.

 

(9)  Mr Bird supported the views expressed by Mr Carter in relation to the extension of the Crossrail Elizabeth Line from Abbey Wood to Ebbsfleet.

 

(10)       In relation to LEPs, Mr Bird agreed with Mr Carter that local authorities needed to be a significant part of the governance associated with LEPs, whilst ensuring that the governance of LEPs reflected the voice of communities.

 

(11)       In conclusion, Mr Bird thanked Mr Carter for clarifying Kent County Council’s views on the post-Brexit M26 lorry  ...  view the full minutes text for item 95.

96.

Autumn Budget Statement pdf icon PDF 327 KB

Additional documents:

Minutes:

(1)         The Chairman reminded Members that any Member of a Local Authority who was liable to pay Council Tax, and who had any unpaid Council Tax amount overdue for at least two months, even if there was an arrangement to pay off the arrears, must declare the fact that they were in arrears and must not cast their vote on anything related to KCC’s Budget or Council Tax.

 

(2)        The Chairman moved, and the Vice-Chairman seconded that:

 

(a)         Procedure Rule 1.28 be suspended in order that the Leader and the Cabinet Member for Finance be allowed to speak for a maximum of 12 minutes in total and the Leaders of the Liberal Democrat, Labour and Independents Groups speak for 6, 5 and 4 minutes respectively.

 

(b)         Procedure Rule 1.35 (1) be suspended in order to allow Members to speak more than once during the debate, at the discretion of the Chairman, the Cabinet Member for Finance and Traded Services, as seconder of the motion be allowed to speak again at the end of the debate.

 

(3)           The Chairman put the motion set out in paragraph (2) above to the vote without a debate and the voting was as follows:

 

For (61)

 

Mrs A Allen, Mr M Angell, Mr M Balfour, Mr P Barrington-King, Mr P Bartlett, Mrs C Bell, Mrs P Beresford, Mrs R Binks, Mr R Bird, Mr T Bond, Mr A Booth, Mr D Brazier, Mr D Butler, Miss S Carey, Mr P Carter, Mrs S Chandler, Mr N Chard, Mr I Chittenden, Mrs P Cole, Mr G Cooke, Mr P Cooper, Mr D Daley, Mrs T Dean, Mr D Farrell, Mr R Gough, Ms S Hamilton, Mr M Hill, Mr T Hills, Mrs S Hohler, Mr P Homewood, Mr A Hook, Mr E Hotson, Mrs L Hurst, Mr P Lake, Mr B Lewis, Ida Linfield, Mr R Long, Mr S Manion, Mr A Marsh, Ms D Marsh, Mr J McInroy, Mr P Messenger, Mr D Monk, Mr D Murphy, Mr M Northey, Mr P Oakford, Mr J Ozog, Mr M Payne, Mrs S Prendergast, Mr K Pugh, Miss C Rankin, Mr H Rayner, Mr A Ridgers, Mr C Simkins, Mrs P Stockell, Dr L Sullivan, Mr B Sweetland, Mr I Thomas, Mr M Whiting, Mr M Whybrow, Mr J Wright.

 

Against (0), Abstained (0)

 

Motion Carried

 

(4)          The Chairman then invited Mr Shipton, Head of Finance, to give a presentation to provide context for this item.

 

(5)      Mr Carter moved and Mr Oakford seconded the following motion:

 

“The County Council is asked to:

 

a)    ENDORSE the application of capital receipts in 2017-18 and to date in 2018-19 to fund revenue costs as set out in table 1

b)    RECOGNISE the progress made towards setting a balanced budget for 2019-20 based on robust estimates and the remaining unidentified gap

c)    NOTE that Corporate Directors will need to be authorised to make the necessary arrangements to be able to deliver savings once the final budget has been approved in  ...  view the full minutes text for item 96.

97.

Treasury Management Annual Review 2017/18 pdf icon PDF 189 KB

Additional documents:

Minutes:

(1)       Mr Oakford moved and Miss Carey seconded the following motion:

“Members are asked to note the report.”

(2)       Following the debate, the motion set out above was agreed without a formal vote.

(3)       RESOLVED that the report be noted.

 

 

98.

Kent Safeguarding Children Board – 2017/18 Annual Report pdf icon PDF 80 KB

Additional documents:

Minutes:

(1)       Mr Gough moved and Mrs Prendergast seconded the following motion:

 

“The County Council is asked to:

Comment on the progress and improvements made during 2017/18, as
detailed in the Annual Report from Kent Safeguarding Children Board and note the 2017/18 Annual Report.”

 

(2)       Ms Gill Rigg, Independent Chair of the Kent Safeguarding Children Board, addressed the meeting and answered a number of questions from Members.

 

(3)       Following the debate, the motion was agreed without a formal vote.

 

(4)       RESOLVED that the 2017/18 Annual Report from Kent Safeguarding Children Board and the comments made by Members be noted.

 

 

99.

Increasing Opportunities, Improving Outcomes - Strategic Statement Annual Report 2018 - Progress pdf icon PDF 177 KB

Additional documents:

Minutes:

(1)       Mr Carter moved and Mr Oakford seconded the following motion:

“County Council is asked to Note and Comment on the Increasing Opportunities, Improving Outcomes Strategic Statement Annual Report 2018”

(2)       Following the debate, the motion set out above was agreed without a formal vote.

(3)       RESOLVED that the Increasing Opportunities, Improving Outcomes Strategic Statement Annual Report 2018 and the comments made by Members be noted.

 

 

100.

Proposed changes to Top Tier posts in Adult Social Care and Health Directorate pdf icon PDF 73 KB

Additional documents:

Minutes:

(1)       Mr Gibbens moved and Mrs Bell seconded the following motion:

“The County Council is asked to agree:

 

The changes to the Director roles as outlined in section 3 above and the deletion of the current Director of OPPD and the Director of DCLDMH posts, and the introduction of 2 new director posts, Director of Operations and Director of Partnerships.”

 

(2)       Following the debate, the motion set out above was agreed without a formal vote.

(3)       RESOLVED that the changes to the Director roles as outlined in section 3 of the report and the deletion of the current Director of Older People and Physical Disability and the Director of Disabled Children, Adult Learning Disability and Mental Health posts, and the introduction of 2 new director posts, Director of Operations and Director of Partnerships be approved.

 

101.

Motion for Time Limited Debate

Proposed by Mr Whybrow and Seconded by Mr Chittenden.

 

“Kent County Council believes that local plans, local planning and local democratic decisions, including control of local mineral and fossil fuel development, should remain with local authorities. The council rejects the continued centralisation of local decision-making at the expense of local determination.

 

As such, KCC rejects central government’s proposal, via a Written Ministerial Statement (WMS), for the exploration phase of hydraulic fracturing (fracking) to be allowed under Permitted Development (PD), thereby removing the need for planning permission. KCC also rejects the proposal to bring the production phase of fracking under Nationally Significant Infrastructure Projects (NSIP), to be decided centrally by government and the planning inspectorate, thus further removing decision-making from local councils. 

?

Accordingly, the Council requests the Cabinet Member for Planning, Highways, Transport & Wasteto respond to the government consultation by rejecting the changes proposed for PD and NSIP as inappropriate and with the view that local Minerals Planning Authorities should retain local control and primacy for all planning decisions at all stages for all types of oil and gas exploration.”

 

Additional documents:

Minutes:

(1)      Mr Whybrow moved and Mr Chittenden seconded the following motion:  

 

“This Council notes:

 

1.    Kent County Council believes that local plans, local planning and local democratic decisions, including control of local mineral and fossil fuel development, should remain with local authorities. The council rejects the continued centralisation of local decision-making at the expense of local determination

2.    As such, KCC rejects central government’s proposal, via a Written Ministerial Statement (WMS), for the exploration phase of hydraulic fracturing (fracking) to be allowed under Permitted Development (PD), thereby removing the need for planning permission. KCC also rejects the proposal to bring the production phase of fracking under Nationally Significant Infrastructure Projects (NSIP), to be decided centrally by government and the planning inspectorate, thus further removing decision-making from local councils.

3.    Accordingly, the Council requests the Cabinet Member for Planning, Highways, Transport & Waste to respond to the government consultation by rejecting the changes proposed for PD and NSIP as inappropriate and with the view that local Minerals Planning Authorities should retain local control and primacy for all planning decisions at all stages for all types of oil and gas exploration.”

 

(2)      Mr Dance proposed and Mr Holden seconded the following amendment:

 

“Kent County Council believes that local planning decision, including control of mineral and fossil fuel development, should remain with local authorities and, therefore, rejects government’s proposal via its June 2018 consultation for the exploration phase of non-hydraulic fracturing to be allowed under Permitted Development (PD) rights. KCC also rejects the proposal to bring the production phase of shale gas development under the Nationally Significant Infrastructure Projects (NSIP), to be decided by government and the planning inspectorate, thereby removing local decision-making.”

 

(3)   Mr Whybrow, as proposer of the original motion, with the support of his seconder agreed to accept the amendment.

 

(4)  Following the debate, the Chairman put the substantive motion set out in paragraph (2) above to the vote and the voting was as follows:

 

For (56)

 

Mrs A Allen, Mr M Angell, Mr P Barrington-King, Mr P Bartlett, Mrs C Bell, Mrs P Beresford, Mr R Bird, Mr A Booth, Mr D Brazier, Mr D Butler, Miss S Carey, Mr P Carter, Mrs S Chandler, Mr N Chard, Mr I Chittenden, Mrs P Cole, Mr N Collor, Mr G Cooke, Miss E Dawson, Mrs T Dean, Mr T Dhesi, Mr D Farrell, Mr G Gibbens, Mr R Gough, Ms S Hamilton, Mr M Hill, Mr T Hills, Mrs S Hohler, Mr S Holden, Mr P Homewood, Mr A Hook, Mr E Hotson, Mrs L Hurst, Mr P Lake, Mr B Lewis, Ida Linfield, Mr R Long, Ms D Marsh, Mr J McInroy, Mr P Messenger, Mr D Monk, Mr M Northey, Mr P Oakford, Mr J Ozog, Mr M Payne, Mrs S Prendergast, Mr K Pugh, Miss C Rankin, Mr A Ridgers, Mr C Simkins, Dr L Sullivan, Mr B Sweetland, Mr I Thomas, Mr M Whiting, Mr M Whybrow, Mr J Wright.

 

Against (0), Abstained (0)

 

Substantive motion Carried  ...  view the full minutes text for item 101.

102.

Member Development Strategy pdf icon PDF 78 KB

Additional documents:

Minutes:

(1)       Mr Hotson moved and Mr Bowles seconded the following motion:

“The County Council is invited to comment on and formally adopt the plan and note the intention to move to external accreditation of the Plan in the future.”

 

(2)       Following the debate, the motion set out above was agreed without a formal vote.

(3)       RESOLVED that the Member Development Strategy be adopted and the intention to move to external accreditation of the Plan in the future be noted.

 

103.

Governance and Audit Committee - Terms of Reference pdf icon PDF 60 KB

Additional documents:

Minutes:

(1)       Mr Hotson moved and Mr Long seconded the following motion:

“The County Council is asked to:

 

Approve the amendment of the Terms of Reference for the Governance and Audit Committee to include the responsibilities of the Trading Activities Sub-Committee, and that the disbanding of the Trading Activities Sub-Committee be noted.”

 

(2)       The motion set out above was agreed without a formal vote.

(3)     RESOLVED that the amendment of the Terms of Reference for the Governance and Audit Committee to include the responsibilities of the Trading Activities Sub-Committee be approved, and that the disbanding of the Trading Activities Sub-Committee be noted.”