Agenda and minutes

County Council - Thursday, 14th December, 2023 10.00 am

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

Contact: Joel Cook - Democratic Services Manager  03000 416287

Media

Items
No. Item

188.

Apologies for Absence

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Minutes:

The General Counsel reported apologies from Mrs Becki Bruneau, Mr Nick Chard, Mr Nigel Collor, Mr Rich Lehmann, Mr Steve Manion, Mrs Margot McArthur, Mrs Lottie Parfitt-Reid, Mrs Shellina Prendergast, and Mrs Linda Wright.

 

Mr Jeffrey reported apologies from Mrs Game and Mr Hood reported apologies from Mr Campkin.

189.

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

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Minutes:

There were no declarations of interest.

190.

Minutes of the meeting held on 16 November 2023 and, if in order, to be approved as a correct record pdf icon PDF 251 KB

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Minutes:

RESOLVED, subject to a minor correction and the noting of voting for some items, that the minutes of the meeting held on 16 November 2023 be approved as a correct record. 

191.

Chairman's Announcements

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Minutes:

Mr Kent Tucker

 

1.          The Chairman referred to the sad passing of Mr John Martyn Kent Tucker MBE, former Member for Sevenoaks North-East from 1989 – 2005 and a former Chairman of Kent County Council.

 

2.          The Chairman invited Members to pay tribute to Mr Tucker and tributes were made by Mr Brazier, Mrs Cole, Mr Gough, Dr Sullivan, Mr Hood, and Mr Hook.

 

Staff Lottery Fund

 

3.          The Chairman was pleased to be invited to serve as a representative on the Staff Lottery Committee and was thrilled to announce that the Staff Lottery had donated £2,000 to the Corporate Parenting Christmas Appeal in memory of Mrs Ann Allen.  The Chairman explained that the appeal was undertaken in partnership with the Young Lives Foundation.

 

4.          The Staff Lottery Fund had also agreed to donate £10,000 to this year’s Chairman’s charities, Imago and Crossroads, to support their work with Young Carers across Kent. The Chairman expressed his gratitude to the Staff Lottery Fund and to all members of staff who participated in the lottery.

 

Found a Pound Campaign

 

5.          The Chairman thanked those who attended and donated towards the Chairman’s charities at various events in 2023 including a luncheon at the annual meeting in May, and the Chairman’s Civic Carol Service at All Saints Church in Maidstone on Tuesday 14 December. He invited Members and staff to join him at lunchtime where they would be joined, for carols, by the choir from Valley Park School.

 

6.          The Chairman officially announced the launch of his Found a Pound Campaign and Appeal and highlighted that if just one person in ten, living in Kent, were to make a £2 donation that would raise £200,000 which would help to change the lives of Young Carers for the better.  The Chairman encouraged Members, as Corporate Parents and Champions of their communities, to donate.

 

7.     Finally, the Chairman thanked all members of staff, past and present, for their service and wished them and their families a happy Christmas and a healthy, happy, and peaceful new year.

192.

Questions pdf icon PDF 428 KB

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Minutes:

In accordance with Sections 14.15 to 14.22 of the Constitution, 15 questions were submitted by the deadline and 15 questions were put to the Executive. 8 questions were asked, and replies given. A record of all questions put and answers given at the meeting is available online with the papers for this meeting.

 

Questions 9-15 were not put in the time allocated but written answers were provided.

193.

Report by Leader of the Council (Oral)

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Minutes:

1.         The Leader opened his report by referring to the government’s Autumn Statement and the lack of additional funding for local authorities which many county and unitary councils had argued for. Mr Gough stressed that the Council’s financial planning had been on the assumption that there would not be additional resource from the Autumn Statement and therefore, although it was disappointing, it was not surprising.

 

2.      Mr Gough referred to the report on Securing Kent’s Future which went to Cabinet on 5 October 2023 and the four strategic objectives which included balancing the budget for 2023/24, initiatives in areas such as large scale contracting which had the most rapid growth in expenditure, policy choice in relation to statutory and discretionary services, and the continued transformation of the organisation for delivery under the financial circumstances. Mr Gough highlighted that although savings plans had come an exceptionally long way since the summer there were still significant challenges to address.

 

3.      Mr Gough spoke about the devolution deals referenced in the Autumn Statement and said it remained his position, following the expression of interest submitted by the Council, that the overall national policy position should continue to be advanced. He was encouraged that both major parties had a commitment to the devolution agenda and said it was important that the right proposition for Kent and Medway was developed. 

 

4.      The Leader turned to Unaccompanied Asylum Seeing Children (UASC) and the High Court judicial review of the Home Secretary which ruled in favour of the Council. The ruling established that the current operation of the National Transfer Scheme (NTS) was not fit for purpose in terms of the Council delivering all its statutory obligations, and it was a national and international issue. He stressed that the Council would continue to work with the Home Office and Department for Education to ensure the NTS was effectively delivered but would continue to push against the assumption that Kent was the place where so many migration related issues were solved.

 

5.      Regarding Operation Brock, the Leader commented that the Kent Resilience Forum, subject to unforeseen events, had assessed that the traffic management system would not be implemented over the Christmas period.  Mr Gough highlighted that the bigger problem was the anticipated introduction of the EU’s Entry Exit System, most likely in October 2024. The prospect of significant delays, therefore, remained a material risk but was one on which local and national partners were working to develop a strong response. He commented that development of the EES had implications for Eurostar at St Pancras, and the Council would continue to make the case for Kent’s international stations at Ebbsfleet and Ashford. 

 

6.      Mr Gough said the Integrated Care Strategy would be brought to Cabinet for approval in early January 2024 and a report to Full Council on the implementation aspects would follow in March.  There was a meeting of the Integrated Care Partnership recently and the strategy, now much developed, brought forward measures for effective working.

 

7.      Turning  ...  view the full minutes text for item 193.

194.

Governance Update pdf icon PDF 245 KB

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Minutes:

1.          Mr Jeffrey proposed, and Mr Gough seconded the motion that

 

          “County Council is asked to:

 

a)     Note and comment on the report.

b)     Agree to adopt the amendments to the Constitution set out in paragraphs 2.b.i.i.1, 2.b.ii.i.1, 2.b.iii.i.1-3, and 2.b.iv.i.1 as recommended by the Selection and Member Services Committee.

c)     Note the establishment of a Member Working Party chaired by the Cabinet Member for Communications and Democratic Services to work on a cross party basis.

d)     Agree the establishment of the Shareholder Board as a formal sub-Committee of the Cabinet from 1 April 2024.

e)     Delegate the responsibility for drafting terms of reference for the Shareholder Board to the General Counsel in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services.

 

2.          Following the debate, the Chairman put recommendations a) to c) within the motion, as set out in paragraph 1, including the four amendments within recommendation b), individually to the vote.  Recommendations d) and e) were put to the vote together:

 

a)     Note and comment on the report.

Agreed.

 

b)     Agree to adopt the amendments to the Constitution set out in paragraphs 2.b.i.i.1, 2.b.ii.i.1, 2.b.iii.i.1-3, and 2.b.iv.i.1 as recommended by the Selection and Member Services Committee.

 

Amendment 2.b.i.i.1 – Carried.

Amendment 2.b.ii.i.1 – Carried.

Amendment 2.b.iii.i.1-3 – Lost.

 Amendment 2.b.iv.i.1 – Lost.

 

c)     Note the establishment of a Member Working Party chaired by the Cabinet Member for Communications and Democratic Services to work on a cross party basis.

Agreed.

 

d)     Agree the establishment of the Shareholder Board as a formal sub-Committee of the Cabinet from 1 April 2024.

 

e)     Delegate the responsibility for drafting terms of reference for the Shareholder Board to the General Counsel in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services.

Agreed.

 

The Opposition Groups asked that their votes for amendment 2.b.iii.i. 1-3 of recommendation b) be noted.

 

The Labour and Green & Independents Groups asked that their votes for amendment 2.b.iv.i. 1 of recommendation b) be noted.

 

The Liberal Democrat group abstained to recommendations d) and e).

 

 

3.          RESOLVED that the County Council:

 

a)         Notes the report.

b)         Agrees to adopt the amendments to the Constitution set out in paragraphs 2.b.i.i.1 and 2.b.ii.i.1 as recommended by the Selection and Member Services Committee.

c)          Notes the establishment of a Member Working Party chaired by the Cabinet Member for Communications and Democratic Services to work on a cross party basis.

d)         Agrees the establishment of the Shareholder Board as a formal sub-Committee of the Cabinet from 1 April 2024.

e)         Delegates the responsibility for drafting terms of reference for the Shareholder Board to the General Counsel in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services.

 

195.

Pre-Submission Draft Kent Minerals and Waste Local Plan 2024-39 pdf icon PDF 196 KB

Additional documents:

Minutes:

1.         The Chairman explained, and the General Counsel confirmed, that the draft Kent Minerals and Waste Local Plan 2024-39 would come back to Full Council for decision on its approval once it had been reviewed by government.

 

2.      Mr Gough proposed, and Mr Hills seconded the motion that

 

            “County Council is asked to:

 

“A.       (i)        Approve, and publish for public consultation, a Pre-Submission Draft of the Kent Minerals and Waste Local Plan 2024-39 for representations on soundness and legal compliance;

(ii)        Agree to submit the Pre-Submission Draft of Kent Minerals and Waste Local Plan 2024-39 to Government for Independent Examination into its soundness and legal compliance following the representation period;

(iii)       Agree to request the examination Inspector to recommend changes (‘main modifications’) needed to ensure the soundness of the Kent Minerals and Waste Local Plan; and

(iv)      Delegate powers to the Corporate Director for Growth, Environment & Transport to, in consultation with the relevant Cabinet Member,

a. Agree main modifications with the Inspector and to publish them for representations on soundness and legal compliance;

b. Approve any non-material changes to the draft Kent Minerals and Waste Local Plan 2024-39;

 

B.        Note the timetable for work related to mineral and waste planning policy in Kent.”

 

3.      Ms Meade proposed, and Mr Hood seconded an amendment that the word “ragstone” be replaced by the word “hardstone” throughout the document.

 

4.         The Chairman put the amendment set out in paragraph 3 to the vote.

 

Amendment lost.

 

The Opposition groups asked that their votes in favour of the amendment be noted.

 

5.         The Chairman put the substantive motion set out in paragraph 2.

 

6.            RESOLVED that the County Council:

 

A.        (i)        Approves, and publishes for public consultation, a Pre-Submission Draft of the Kent Minerals and Waste Local Plan 2024-39 for representations on soundness and legal compliance;

(ii)        Agrees to submit the Pre-Submission Draft of Kent Minerals and Waste Local Plan 2024-39 to Government for Independent Examination into its soundness and legal compliance following the representation period;

(iii)       Agrees to request the examination Inspector to recommend changes (‘main modifications’) needed to ensure the soundness of the Kent Minerals and Waste Local Plan; and

(iv)      Delegates powers to the Corporate Director for Growth, Environment & Transport Page 30 to, in consultation with the relevant Cabinet Member,

a. Agree main modifications with the Inspector and to publish them for representations on soundness and legal compliance;

b. Approve any non-material changes to the draft Kent Minerals and Waste Local Plan 2024-39;

 

B.        Notes the timetable for work related to mineral and waste planning policy in Kent.

 

 

The Opposition Groups asked that their votes to abstain from the recommendation be noted.

 

196.

Motion for Time Limited Debate pdf icon PDF 266 KB

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Minutes:

Motion for Time Limited Debate 1 – Ecological Emergency

 

1.         Mr Hood proposed, and Mr Streatfeild seconded the following motion for time-limited debate:

 

“The Council resolves to:

 

1.      Declare an ecological emergency; and

 

Recommend that the Executive;

 

2.      Makes arrangements to require explicit consideration of ecological and climate change implications to Council reports as part of decision-making processes.

 

3.      Ensures that addressing the climate and ecological emergencies and nature recovery are considered as strategic priorities for planning and related policies.

 

4.      Sets measurable targets and standards for biodiversity increase, in both species and quantities, seeking also to increase community engagement via specific policies or strategies.

 

5.      Works with our partners and River Catchment Organisations to explore what role the Council can play in improving the ecology of our rivers in keeping with the urgency of this declaration.

 

6.      Seeks to ringfence the funding for the Plan Tree planting strategy and Kent's Plan Bee, to support nature protection and carbon sequestration, within its budget proposals.

 

7.      Ensures that our property policies consider opportunities for biodiversity enhancements and tree planting on Council landholdings.

 

8.      Writes to all Kent’s MPs urging them to support the Climate and Ecological Bill, a private member’s bill, in keeping with the declarations of this Council.”

 

 

2.         The Chairman put the motion, set out in paragraph 1 to the vote in two parts. 

 

Motion lost.

 

 

The Opposition Groups asked that their votes in favour of recommendations 1 to 8 be noted.