Agenda and draft minutes

County Council
Thursday, 13th December, 2018 10.00 am

Venue: Council Chamber, Sessions House, County Hall, Maidstone

Contact: Denise Fitch  03000 416090

Webcast: View the webcast

Items
No. Item

104.

Apologies for Absence

Additional documents:

Minutes:

The General Counsel reported apologies from Mr Booth, Mr Chard, Mr Cooper, Mr Lewis, Mr Lymer, Mr Manion, Mr Marsh and Mr Northey.

105.

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

Additional documents:

Minutes:

(1)         Mr Payne declared a non pecuniary interest in relation to item 10 on the agenda (Kent Minerals and Waste Local Plan 2013 – 2030 - Early Partial Review, Kent Mineral Sites Plan and revised Local Development Scheme) and stated that he did not intend to take part in the debate.

 

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

 

(3)        Mrs Prendergast declared a non pecuniary interest in item 10 on the agenda.

 

(4)          Mr Hook declared an interest in relation to item 12 on the agenda, as his wife was a Probation Officer.

 

(5)          Mr Bird stated that he, had been lobbied on several occasions on item 10 on the County Council agenda.

 

(6)          Mr Balfour declared a pecuniary interest in relation to item 10 on the agenda, as members of his family owned part of the land referred to as ‘M8’ in Ryarsh, which was under consideration as part of item 10 on the County Council agenda.

 

106.

Minutes of the meeting held on 18 October 2018 and, if in order, to be approved as a correct record pdf icon PDF 130 KB

Additional documents:

Minutes:

RESOLVED that the minutes of the meeting held on 18 October 2018 be approved as a correct record subject to:

 

a)    Minute no 93 (Chairman’s Announcements) being amended as follows:

 

“(15) The Chairman informed Members that Brockhill Country Park in Saltwood, Hythe had won the South East Region’s Country Park of the Year award for the first time in its history…”

 

107.

Chairman's Announcements

Additional documents:

Minutes:

(a)    John London

 

(1)          The Chairman stated that it was with regret that he had to inform Members of the death of Mr John London on Tuesday 30 October, former Conservative Member for Sevenoaks Central from 1997 to 2013. Mr London becamean HonoraryAlderman ofthe CountyCouncil in2013.

 

(2)   Mr London’s funeral had taken place onThursday, 22 November 2018.

 

(3)   Mr Brazier, Mrs Crabtree, Mr Gough, Mr Bird and Mr Farrell paid tribute to Mr London.

 

(4)   Following the tributes, all Members stood in silence in memory of Mr London.

 

(5)   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 London and extends to his family and friends our heartfelt sympathy to them in their sad bereavement.

 

(b)    Zena Cooke – Corporate Director of Finance

 

(7)          The Chairman announced that Zena Cooke had been appointed as the new Corporate Director of Finance and had joined the County Council on 12 November 2018.

 

(8)        Ms Cooke was invited to briefly address the Council.

 

(c) MoD Gold Award

 

(9)   The Chairman announced that Kent County Council was one of only two employers in Kent to have achieved the MoD’s Employer Recognition Scheme Gold Award. The award recognised the work that Kent County Council had undertaken with its partners, through the Civilian Military Partnership Board, to support members of the Armed Forces, Veterans and their families and ensure they were not disadvantaged as a result of their service.

 

(10)       The Chairman received the award on behalf of the County Council, from Kent County Council’s Armed Forces Champion, Mr Long.

 

(11)       Mr Long was invited to briefly address the Council. He commended officers for their work to achieve the award and presented the certificate to the Chairman.

 

(d)    Christmas Raffle for The Samaritans

 

(12)      The Chairman sought Members support for a raffle in aid of the Chairman’s charity, Samaritans.

108.

Questions pdf icon PDF 103 KB

Additional documents:

Minutes:

In accordance with Procedure Rule 1.17(4), 10 questions were asked, and replies given. A record of all questions put, and answers given at the meeting are available online with the papers for this meeting.

109.

Report by Leader of the Council (Oral)

Additional documents:

Minutes:

(1)         The Leader stated that his report would focus on the local government element of the Autumn Budget Statement, the significant progress that had been made in relation to the new Fair Funding model, an update on further developments regarding the Thames Estuary group, and Brexit preparations.

 

(2)         Mr Carter referred to discussions with various Secretaries of State on a range of significant issues.

 

(3)          Mr Carter said that James Brokenshire, Secretary of State for Communities and Local Government and Rishi Sunak, Parliamentary Under-Secretary of State for Housing, Communities and Local Government, empathised with the financial plight across County Councils in England and had insisted that the austerity grip on local government be loosened.

 

(4)          Mr Carter expressed his thanks to James Brokenshire, Rishi Sunak and the Prime Minister for reducing the financial pressures on local governments across England, by introducing additional funding.

 

(5)          Mr Carter referred to the development of Kent’s Brexit preparedness and the support of the Secretary of State for Transport, Chris Grayling, to secure an additional £28 million for Kent County Council to ensure that resilience plans were delivered.

 

(6)         Mr Carter referred to the new needs-led Funding Formula which would be introduced nationally from 2020. He made reference to the work of the County Council Network and the important role that the network would have in responding to the Fair Funding Review consultation.

 

(7)         Mr Carter added that significant progress had been made in producing a constructive capital and revenue budget for Kent for the future, which would go to the Cabinet, Cabinet Committees and Scrutiny Committee for consideration in January 2019.

 

(8)         Mr Carter reiterated the severe financial challenges that Kent had faced over recent years and the significant decisions that were being made to ensure that Kent’s residents could continue to access essential services.

 

(9)          Mr Carter briefly mentioned the Thames Gateway Strategic Group, which represented all of the local authorities from Tower Bridge, London, to Thanet. He referred to the importance of Kent setting out an evidence-based case in order to receive significant investment from the government to support the Countries economy.

 

(10)       Mr Carter announced that Kent County Council’s Staff Survey had been well-received, and a detailed analysis of the results would be undertaken to recognise the Council’s strengths and weaknesses. He emphasised the importance of Kent County Council’s staff feeling valued and working together to improve outcomes for Kent’s residents and businesses.

 

(11)       In conclusion, Mr Carter thanked all of the staff for their efforts this year and wished everyone a Merry Christmas.

 

(12)       Mr Bird, the Leader of the Opposition, referred to Kent County Council’s Staff Survey and was pleased to hear that it had been well supported by staff. Mr Bird welcomed Mr Carter’s comments in relation to the Staff Survey that strengths would be celebrated, and weaknesses would be addressed.

 

(13)       Mr Bird commended the positive work that had been undertaken in relation to the Thames Gateway and continued to support the call for the extension of  ...  view the full minutes text for item 109.

110.

Brexit Preparedness - Kent County Council Update pdf icon PDF 301 KB

Additional documents:

Minutes:

(1)      Mr Carter moved, and Mr Whiting seconded the following recommendation:

 

“County Council is asked to:

 

a)    NOTE Kent County Council’s preparations for a potential no-deal Brexit   scenario;

 

b)    AGREE Kent County Council’s call on Government to fully meet the identified costs to Kent; and

 

c)    AGREE Kent County Council’s requirements of Government to ensure effective preparations for a no-deal.”

 

(2)      Mr Hook proposed, and Mr Bird seconded the following amendment:

 

“The Council is asked to:

 

a)    NOTE Kent County Council’s preparations for a potential no-deal Brexit scenario;

 

b)    AGREE Kent County Council’s call on Government to fully meet the identified costs to Kent and meet all Kent’s requirements in preparation for a no-deal;

 

c)  AGREE Kent County Council’s requirements of Government to ensure effective preparations for a no-deal;

 

d)    CALL UPON Government to rule out a no-deal Brexit which would have an unacceptable impact on the County of Kent; and

 

e)    CALL UPON Government to publish all its plans for facilitating Cross-Channel logistics post Brexit to enable Kent’s residents, businesses and other organisations to make their own plans accordingly.”

 

(3)         Mr Gibbens moved, and Mr Long seconded the procedural motion “that the question be put”, the Chairman put this to the vote and the voting was as follows:

 

For (49)

 

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 T Bond, Mr A Bowles, Mr D Brazier, Mr D Butler, Miss S Carey, Mr P Carter, Mrs S Chandler, Mrs P Cole, Mr A Cook, Mr G Cooke, Mr P Cooper, Mrs M Crabtree, Mr M Dance, Mrs S Gent, Mr G Gibbens, Mr R Gough, Mr P Harman, Mr M Hill, Mrs S Hohler,  Mr S Holden, Mr P Homewood, Mr E Hotson, Mr J Kite, Mr P Lake, Mr R Long, Ms D Marsh, Mr J McInroy, Mr D Monk, Mr D Murphy, Mr P Oakford, Mr J Ozog, Mr D Pascoe, Mr M Payne, Mrs S Prendergast, Miss C Rankin, Mr C Simkins, Mr B Sweetland, Mr I Thomas, Mr R Thomas, Mr M Whiting, Mr J Wright.

 

Against (10)

 

Mr R Bird, Ms K Constantine, Mr D Daley, Mrs T Dean, Mr T Dhesi, Mr D Farrell, Mr A Hook, Mr G Koowaree, Ida Linfield, Dr L Sullivan.

 

Abstain (0)

 

Procedural motion carried

 

(4)         The Chairman put the amendment as set out in paragraph (2) to the vote and the voting was as follows:

 

For (11)

 

Mr R Bird, Ms K Constantine, Mr D Daley, Mrs T Dean, Mr T Dhesi, Mr D Farrell, Mr A Hook, Mr G Koowaree, Ida Linfield, Dr L Sullivan, Mr M Whybrow.

 

Against (54)

 

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 T Bond, Mr A Bowles, Mr D Brazier, Mr D Butler, Miss S Carey, Mr P Carter, Mrs S Chandler, Mrs P Cole, Mr  ...  view the full minutes text for item 110.

111.

Corporate Parenting Annual Report - 2017/18 pdf icon PDF 52 KB

Additional documents:

Minutes:

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

 

 “That County Council is asked to:

 

(a)   COMMENT on and NOTE the Corporate Parenting Annual Report 2017/18; and

 

(b)   NOTE Members responsibilities as Corporate Parents.”

 

(2)      The motion as set out in paragraph (1) was agreed without a formal vote.

 

(3)      RESOLVED that:

 

a)    The Corporate Parenting Annual Report 2017/18 and the comments made by Members be noted; and

 

b)    Members’ note their responsibilities as Corporate Parents.

 

112.

Kent Adult Safeguarding Board - Annual Report pdf icon PDF 107 KB

Additional documents:

Minutes:

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

 

“That County Council is asked to:

 

(a)    COMMENT on the progress and improvements made during 2017-18, as detailed in the Annual Report from the Kent and Medway Safeguarding Adults Board and endorsethe 2017-18 Annual Report.

 

(2)          Ms Deborah Stuart-Angus, Independent Chair of the Kent Safeguarding Adults Board, addressed the meeting and answered a number of questions from Members.

 

(3)         The motion as set out in paragraph (1) was agreed without a formal vote.

 

(4)      RESOLVED that:

 

a)    the Kent and Medway Safeguarding Adults Board Annual Report 2017-18 be endorsed; and

 

b)    the comments on progress and improvements made during 2017-18 be noted.

113.

Kent Minerals and Waste Local Plan 2013 – 2030 - Early Partial Review, Kent Mineral Sites Plan and revised Local Development Scheme pdf icon PDF 259 KB

Please note that this report is accompanied by a number of appendices. Given their size, these appendices have been published on the County Councils website alongside the agenda and are available via the modern.gov app. A hard copy of all the appendices is available in the Member’s Room, the 3 Group Offices and on request from Members Desk (members.desk@kent.gov.uk ).

 

Additional documents:

Minutes:

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

 

“That County Council is asked to:

 

a)    NOTE the Council’s legal advice and response in respect of the legal opinion from the promoter of the West Malling sandpit site concerning the green belt assessment;

 

b)    APPROVE and publish the Pre-Submission Drafts of the Kent Mineral Sites Plan and the Early Partial Review of the Kent Minerals and Waste Local Plan for a statutory period of representation and to submit the Draft Plans to the Secretary of State for independent examination; and

 

c)    DELEGATE to the Corporate Director for Growth, Environment & Transport the authority to approve any non-material changes to the Mineral Sites Plan and Early Partial Review of the Kent Minerals and Waste Local Plan in consultation with the Deputy Leader prior to their publication and during their examination.

 

(2)           Following the debate, the Chairman put the motion set out in paragraph (1) above to the vote and the voting was as follows:

 

For (43)

 

Mrs A Allen, Mr M Angell, Mr P Barrington-King, Mr P Bartlett, Mrs C Bell, Mrs P Beresford, Mrs R Binks, Mr R Bird, Mr A Bowles, Mr D Brazier, Mr D Butler, Miss S Carey, Mr P Carter, Mr N Collor, Ms K Constantine, Mr A Cook, Mr P Cooper, Mr D Daley, Mrs T Dean, Mr T Dhesi, Mr D Farrell, Mr G Gibbens, Mr R Gough, Mr M Hill, Mrs S Hohler,  Mr S Holden, Mr E Hotson, Mrs L Hurst, Mr J Kite, Mr P Lake, Mr R Long, Ms D Marsh, Mr J McInroy, Mr D Monk, Mr P Oakford, Mr J Ozog, Mr D Pascoe, Mrs S Prendergast, Mr C Simkins, Dr L Sullivan, Mr I Thomas, Mr R Thomas, Mr J Wright.

 

Against (4)

 

Ida Linfield, Mr M Whybrow, Mr T Hills, Ms S Hamilton

 

Abstained (0)

 

Motion carried

 

(3)          RESOLVED that:

 

a)     the Council’s legal advice and response in respect of the legal opinion from the promoter of the West Malling sandpit site concerning the green belt assessment be noted;

 

b)    the Pre-Submission Drafts of the Kent Mineral Sites Plan and the Early Partial Review of the Kent Minerals and Waste Local Plan for a statutory period of representation be approved, published and the Draft Plans be submitted to the Secretary of State for independent examination; and

 

c)    authority be delegated to the Corporate Director for Growth, Environment & Transport to approve any non-material changes to the Mineral Sites Plan and Early Partial Review of the Kent Minerals and Waste Local Plan in consultation with the Deputy Leader prior to their publication and during their examination.

 

114.

Officer Delegations - Amendments pdf icon PDF 70 KB

Additional documents:

Minutes:

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

 

“That County Council is asked to approve the following amendments to officer delegations:

 

a)    Delegation of authority under Section 64 of the Land Drainage Act 1991 (powers of entry for internal drainage boards and local authorities) be given to the Director of Environment, Planning and Enforcement;

 

b)    Delegated authority to enter into agreements under section 106 of the Town and Country Planning Act 1990 be extended to the Director of Highways, Transportation and Waste; and

 

c)   Paragraph 1.4 of Appendix 2 of Part 3 of the Constitution, to read:

 

“Senior Managers may, in turn, delegate their powers to more junior officers, or escalate the making of those decisions to the relevant Corporate Director, but must ensure that such delegations are documented to the satisfaction of the Monitoring Officer and are regularly reviewed.”

 

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

 

(3)      RESOLVED that:

 

a)    authority under Section 64 of the Land Drainage Act 1991 (powers of entry for internal drainage boards and local authorities) be delegated to the Director of Environment, Planning and Enforcement;

 

b)    authority to enter into agreements under section 106 of the Town and Country Planning Act 1990 be delegated to the Director of Highways, Transportation and Waste; and

 

c)  that Paragraph 1.4 of Appendix 2 of Part 3 of the Constitution, be amended to read:

 

“Senior Managers may, in turn, delegate their powers to more junior officers, or escalate the making of those decisions to the relevant Corporate Director, but must ensure that such delegations are documented to the satisfaction of the Monitoring Officer and are regularly reviewed.”

 

115.

Motion for Time Limited Debate - Support for prison leavers

Proposed by Mrs Dean and seconded by Ida Linfield

 

“While the Homelessness Reduction Act 2017 has taken steps to tackle the problem of ex-offenders having no accommodation, prisoners who are released following an incarceration period of over 14 days currently receive a discharge grant of just £46, which has not changed since 1997. If they are entitled to Universal Credit, the first payment will not be made until approximately 5 weeks* after the claim has been made. This leaves many discharged prisoners left to resort to food banks and increases the risk of them committing further crimes against Kent residents. In the event of the latter, it will also be Kent taxpayers left footing the bill when police resources need to be deployed.

 

The council believes that the current arrangements do not provide sufficient funds to cover the basic needs of an ex-offender residing in Kent. The council therefore calls on the UK government to carry out a review and ensure that sufficient provisions are in place for the interim period between an ex-offender leaving prison and receiving their first universal credit payment.”

 

*As stated by the Department for Work & Pensions

 

 

 

Additional documents:

Minutes:

(1)      Mrs Dean moved and Ida Linfield seconded the following motion:

 

   “The County Council notes:

 

a)    While the Homelessness Reduction Act 2017 has taken steps to tackle the problem of ex-offenders having no accommodation, prisoners who are released following an incarceration period of over 14 days currently receive a discharge grant of just £46, which has not changed since 1997. If they are entitled to Universal Credit, the first payment will not be made until approximately 5 weeks after the claim has been made. This leaves many discharged prisoners left to resort to food banks and increases the risk of them committing further crimes against Kent residents. In the event of the latter, it will also be Kent taxpayers left footing the bill when police resources need to be deployed.

 

b)    The council believes that the current arrangements do not provide sufficient funds to cover the basic needs of an ex-offender residing in Kent. The council therefore calls on the UK government to carry out a review and ensure that sufficient provisions are in place for the interim period between an ex-offender leaving prison and receiving their first universal credit payment.

 

(2)      Mr Gibbens proposed and Mrs Bell seconded the following amendment:


 “The County Council notes:

 

a)    While the Homelessness Reduction Act 2017 has taken steps to tackle the problem of ex-offenders having no accommodation, prisoners who are released following an incarceration period of over 14 days currently receive a discharge grant of just £46, which has not changed since 1997. If they are entitled to Universal Credit, the first payment may not be made until approximately 5 weeks after the claim has been made. This leaves many discharged prisoners left to resort to food banks and increases the risk of them committing further crimes against Kent residents. In the event of the latter, it will also be Kent taxpayers left footing the bill when police resources need to be deployed.

 

b)    The council endorses the view that it is important for all statutory agencies to work together to support ex-offenders and to ensure they are appropriately housed, rehabilitated, their health and care needs are met, encouraged and supported to find employment and reunification with their families. Therefore, the Council calls for a time limited interim report as part of the work of the proposed Housing Select Committee on how all the statutory agencies are working together in supporting subsistence for ex-offenders especially in the vital first weeks of release from prison.”

 

(3)      Mrs Dean, as proposer of the original motion, with the agreement of her seconder agreed to accept the amendment.

 

(1)      Following the debate, the substantive motion set out in paragraph (2) was agreed without a formal vote.

 

(2)         RESOLVED that the County Council:

 

a)    otes that while the Homelessness Reduction Act 2017 has taken steps to tackle the problem of ex-offenders having no accommodation, prisoners who are released following an incarceration period of over 14 days currently receive a discharge grant of just £46, which has  ...  view the full minutes text for item 115.