Agenda and minutes

There were no declarations of interest.

To receive as a correct record the minutes of the Meeting of the Council held on 1 December 2022

The minutes of the meeting held on Thursday, 1 December 2023 were approved as a correct record and signed by the Mayor.

Councillor Jones voted against the approval of the minutes.

The Mayor thanked Kay Carter from the Nottinghamshire Dyslexia Association for her moment of reflection and informed Council that understanding neurodiversity was very important in a world of instant communications especially in the public sector.

The Mayor stated that she had attended over 100 public engagements so far during her term of office.  Since the last meeting of Council, she had attended many Christmas events, carol services, a pantomime performed by the Nottinghamshire Gymnastic Society, and visited Council staff over a number of different locations to wish them a Merry Christmas.  The Mayor asked that her thanks be passed on to officers who had also worn Christmas jumpers to raise money for her charities.

The Mayor informed Council about her very different Christmas Day, serving dinners to people in need at the Friary and learning a little about their lives and what had led them to need support, and made a plea on behalf of the Friary for volunteers, warm clothes, bedding and food.  The Mayor also referred to the Ukrainian Christmas party and pantomime that she had attended and stated that she had been able to distribute over 100 handmade quilts and reading pillows, made by her local WI, to Ukrainian children experiencing a very different Christmas far from home this year.

The Mayor thanked Councillors who had attended her Christmas Party and hoped that they had enjoyed the entertainment provided by Jonny Victory as much as she had.

Since the new year, the Mayor confirmed that she had visited local food banks and the Ruddington Pantry, which were unfortunately much needed at this current time, and she also relayed to Council her wonderful experiences at the Nottinghamshire Wildlife Trust reserve at Skylarks.  The Mayor concluded by informing Council about her engagement earlier this week to officially open the new leisure centre at Bingham Arena, including the beautiful community hall and enterprise centre, which demonstrated the Council’s commitment to providing for the local community during very challenging times.

Before closing, the Mayor referred to her final three charity fund raising events, which were upcoming and encouraged Councillors to purchase tickets to support her efforts.  There would be an Easter Fashion Show at Plumtree Village Hall on 6 April, a Sporting Q&A at Nottingham Rugby Club on 18 April, and finally an abseil down Kingsmill Viaduct on 14 May.

The Leader congratulated the Mayor on her very full diary of engagements and echoed her positive comments about the new Bingham Arena and Enterprise Centre, which were a tremendous achievement.

As this would be the last meeting of full Council before the May 2023 Borough Council Election, the Leader paid his respects to those Councillors around the Chamber who would be retiring and those that might not be re-elected by their communities.  The Leader reflected that whilst the politics of Councillors could differ, being a Councillor was a big commitment of time and energy and thanked all Councillors for their contribution to the Borough and invited them all to return to the first Council meeting after the election. The Leader specifically recognised the incredible work of Councillors Adair and Jeffreys, who were both stepping down at the next election, after many, many years of dedicated service.

Finally, the Leader thanked his Group for putting their trust in him six years ago by nominating him Leader, in this his last meeting.  He thanked his Cabinet and Councillors on the other side of the Chamber for their respect and engagement. The Leader thanked his wife, without whose support he would not have been able to give so much over the last six years as well as Mrs Moore for her wonderful cakes and trifles.  The Leader stated that his aim, when he took over this position six years ago was to leave it in a better position than when he took the role on, and he hoped that he had achieved that.

Finally, he wished all Councillors luck in the upcoming elections.

The Chief Executive had given her apologies to the meeting.  The Deputy Chief Executive made no announcements.

To answer questions submitted by Citizens on the Council or its services.

The Mayor invited Mr Robinson-Green to read his Citizen’s Question as submitted:

“Will the Council commit to, take active and timely steps to investigate and implement how to end its policy of not adopting open spaces on new developments leading to estates and service charges?

Your policy currently has the ramifications that local residents must pay extortionate, unregulated, and uncapped fees to private companies for the management of their estates, not just in maintaining the open space, but to get permission to sell or erect a shed in their garden for example. In East Leake the lantern fields development, to get permission for a shed is a cost of £130 every time, roughly equivalent to some smaller feelings’ whole monthly Council Tax fee on that estate. This money lines the pockets of private shareholders far away from Rushcliffe. More than half the fees paid on our estate go on administrative and management costs, not the maintenance of open spaces.

It is perfectly possible to use existing means such as Section 106 requirements to request for example 20 years of maintenance and management fees from the developers as a commuted sum, as used to happen before you changed the policy. Stratford-on-Avon District Council are currently out with a public consultation with detailed plans on achieving this. This money stays within the local economy and supports the Council to deliver its services.

For more details on the problems you have caused residents with this please see the details at: https://www.homeownersrights.net/

and the Parliamentary briefing at: https://commonslibrary.parliament.uk/freeholders-estate-and-service-charges/

Councillor N Clarke phrased these unregulated charges as recognising ‘unforeseen circumstances’ in a Growth and Development Scrutiny meeting on 16th July 2020. But to my knowledge, with communications from our elected councillors and officers, absolutely nothing has been done to find a way out of these ‘unforeseen circumstances’.”

Councillor Upton thanked Mr Robinson-Green for his question and stated that he had some personal understanding of the issues raised and went on to say that the Council acknowledged the challenges around the management of public open spaces and had reviewed the issue at the Growth and Development Scrutiny Group in both 2020 and 2021.  This was a national problem in a largely unregulated sector, and it had been rumoured that the new Regeneration and Levelling up Bill would include a code for the management of public open spaces by management companies, but details at this stage were unknown.  Councillor Upton indicated that in recognition of the ongoing concerns and issues highlighted, the Council would make a commitment to undertake a further review of the issues highlighted, including reviewing what other councils did. Councillor Upton confirmed that the Council would undertake a comprehensive review, looking at the various management options, and bring it before the Growth and Development Scrutiny Group, which was a cross party group, later this year.  Councillor Upton concluded that this issue was also the focus of Councillor Thomas’ motion later this evening and stated that he would elaborate more on this issue at that  ...  view the full minutes text for item 55.

To receive any petitions in accordance with Standing Order No.10 and the Council’s Petition Scheme.

No petitions had been submitted.

The report of the Director – Finance and Corporate Services is attached.

The Mayor advised that she had been asked as Chairman of this meeting to consider extending the time period for proposing the 2023/24 Budget and Financial Strategy to 15 minutes, and to allow 7 ½ minutes for Group Leaders responding. The Mayor confirmed that she was happy to approve the request.

The Leader and Portfolio Holder for Strategic and Borough-wide Leadership, Councillor Robinson presented the report of the Director – Finance and Corporate Services outlining the Council’s Financial Strategy and Budget for 2023/24.

The Leader stated that this budget had been carefully crafted to represent the diversity of all Rushcliffe’s residents and businesses, and had been developed during very difficult times, with war in Europe, associated high levels of inflation, economic downturn, and rising prices, which affected everyone.  Council was reminded that this budget had not been built in isolation, rather it had been built on many successfully years of prudent management by this authority.

The Leader referred to the support being offered to local businesses, including the proposal to freeze car parking charges, with the authority already having some of the lowest charges in the county.  Reference was made to the support being given to the Development Corporation, which would be bringing new employment and green technology to Rushcliffe, and it was hoped that some very significant plans shared this week with Cabinet would soon be made public. Investment was also being made in the Freeport, with significant announcements due in the next week, and the Leader referred to the significance of the HS2 hub scheduled to come into Rushcliffe.  It was noted that the significant Business Rate relief was helping local businesses, and that the Council was also offering some businesses rent free periods and rent reviews, which reflected their needs.  The Leader advised that 10 out of the 12 units at the new Bingham Enterprise Centre had already been let, which highlighted how well the Council was fulfilling that market.

With regards to supporting the vulnerable and disadvantaged, the Leader confirmed that £3.7m had been invested in disabled facilities across the Borough, with a further £325k to Hound Lodge, which supported families made unintentionally homeless. £4.7m had been allocated for social housing, and Council was reminded that on the larger sites, 30% affordable homes was the target, and such significant funds helped the Borough to deliver more social housing than any other district in Nottinghamshire.  

The Leader referred to the £1m allocated to build a gypsy and traveller site, which would allow the Council to prevent unauthorised encampments around the Borough, which affected communities. 

In respect of supporting local communities, £2.7m was being invested at Cotgrave and Keyworth leisure centres, on the back of the successful opening of the new leisure centre at Bingham, with a new community hall planned for Edwalton.  Council was advised that the premium on empty properties would be reduced from two to one year to help incentive housing use.  The Leader confirmed that £2m would be invested in new waste vehicles to  ...  view the full minutes text for item 57.

The report of the Director – Finance and Corporate Services is attached.

The Mayor advised that in the interest of trying to complete the business of the meeting, as Chairman she had been asked to consider reducing the time for speeches from 10 minutes to five minutes for the mover of the report, and three minutes for the responder and she was happy to approve the request. 

The Portfolio Holder for Finance and Customer Access, Councillor Moore presented the report of the Director – Finance and Corporate Services outlining the Council’s position on Council Tax for the year 2023/24.

Councillor Moore confirmed that there was a statutory duty to approve the Council Tax, with the various precepts and amounts detailed in the report and was happy to recommend it for approval.

Councillor Cottee seconded the recommendation and reserved the right to speak.

Councillor Gaunt advised that the Labour Group was concerned that the Council Tax was effectively being raised for everyone this year, it was simply that this was being covered for Bands A to D through funding, and although it was good to help those residents, there was a concern that this rise would be “baked in” for next year, when the funding disappeared and would then rise year on year. 

Councillor Jones stated that in order to keep the Council’s budget in order during very inflationary times, the Liberal Democrat Group understood and supported the reasoning for increasing Council Tax by 2% rather than by the full amount possible.  Councillor Jones reiterated previous comments that the increase for Bands A to D had been offset by Government funding and Council money, and it would be interesting to see what happened next year following the local elections.  Councillor Jones stated that he would like to see more grades in the ratings system, to ensure that costs were reduced for the poorest and increased for those in higher value properties.

Councillor R Mallender and Councillor Thomas advised that their Groups would be supporting the recommendation.

Councillor Moore thanked Councillors for their support, acknowledged the comments made by the Labour Group and advised that the budget had not been written for next year, what would happen in the future was unknown, and it was therefore impossible to make any predictions.

It was RESOLVED that the Council Tax Resolution for 2023/24 as detailed in Appendix A to the report (link attached) be approved 2023/24 Council Tax Resolution

The report of the Chief Executive is attached.

The Cabinet Portfolio Holder for Finance and Customer Access, Councillor Moore presented the report of the Chief Executive outlining the independent review of Councillors’ Allowances undertaken by the Independent Remuneration Panel.

Councillor Moore explained that Councillors’ allowances had to be reviewed every four years and that, if approved tonight, the new allowances would be implemented following the 2023 Borough Council elections.  Councillor Moore drew Council’s attention to the report of the Independent Remuneration Panel, including the CVs of the independent members and the interesting background research the Panel had used in their deliberations. Council was advised that the Panel, which had met on two occasions and consulted with current Councillors, had found no grounds for change to the basic allowance as those reporting to the consultation felt that the role had remained predominately the same and that the Council was in the mid-range of other authorities locally.  The Panel had also concluded that the scheme was fair in terms of the additional allowances paid to those in positions of responsibility. Councillor Moore concluded by drawing attention to the recommendation of the Panel to remove the special responsibility allowance for the Vice-chairs of scrutiny groups and explained that he valued the contribution Vice-chairs made and that, in acknowledgement of their readiness to ‘step-up’, he considered that the positions and corresponding allowances should be retained.

Councillor Brennan seconded the recommendation and reserved the right to speak.

Councillor Begum referenced the cost-of-living crisis and expressed the view that it did not sit comfortably with the Labour Group that the Council was proposing a 6% increase in allowances whilst other public sector workers were striking for a smaller increase.

Councillor Jones and Councillor Thomas informed Council that their Groups would be supporting the recommendation. 

Councillor R Mallender was pleased that the Council had reviewed the allowances and felt it was important that they did not unfairly financially disadvantage those residents that would like to stand as future councillors and participate in local democracy.  It was important that the allowances increased in line with inflation but agreed that large additional increases were not necessary or desirable at this point in time.

Councillor R Walker advised that he would be supporting the recommendation but was disappointed that Council had missed the opportunity to make a saving by removing the allowance for scrutiny Vice-chairs.  Councillor Walker was also disappointed that only six Councillors, out of 44, had responded to the Panel’s consultation invitation and hoped that next time more Councillors would respond.

Councillor Purdue-Horan stated that in his 20 years as a Borough Councillor he had held many positions including those as a Chair and Vice-chair of scrutiny and believed that he had made a valuable contribution as Vice-chair and certainly valued the support of his Vice-chair when he was Chair of Governance Scrutiny Group.  He went on to suggest that there should be an elected representative on the Panel to represent the views of Councillors.

Councillor Brennan clarified the points made by Councillor Begum and stated  ...  view the full minutes text for item 59.

The report of the Chief Executive is attached.

The Leader and Portfolio Holder for Strategic and Borough-wide Leadership, Councillor Robinson presented the report of the Chief Executive seeking approval for the appointment of three Deputy Electoral Registration Officers.

The Leader advised that this was an administrative issue to add resilience to the administration by appointing three additional Deputy Electoral Registration Officers to assist the Electoral Registration Officer with providing a wet signature.

Councillor Inglis seconded the recommendation.

Councillors J Walker, Jones, R and S Mallender and Thomas informed Council that they all supported the recommendation.

It was RESOLVED that the appointments of the Council’s Monitoring Officer, Electoral Services Manager and Senior Electoral Services Officer to the role of Deputy Electoral Registration Officer, under section 52(2) of the Representation of the People Act 1983, having the same duties as the Electoral Registration Officer be approved.

To receive Notices of Motion submitted under Standing Order No.12

a)     Council recognises the problems faced in recent new estates where ownership and management of Public Open Space (POS) is under private companies, with residents subject to a charge on their homes and unregulated and uncapped charges for POS, plus additional fees not directly related to maintaining the public areas.

Council commits to undertaking a full and detailed options appraisal of ownership and ongoing management of public open space with a view to changing the policy for future new housing estates by April 2024, evaluating the following options:

·          RBC takes ownership of the POS and responsibility for management with no additional charge to residents, with a commuted sum paid by the developer to support this for a number of years via a S106 agreement. (i.e. revert to the previous policy);

·          RBC takes ownership of the land and itself charges residents for maintenance, undertaking the work in-house or procuring the services;

·          Ownership of the land passes to a properly constituted and regulated not-for-profit co-operative residents’ association responsible for ongoing maintenance and any charges to residents.

Council further commits to investigate ways that Rushcliffe could change the existing arrangements for recent new estates affected by the current policy.

Councillor Thomas

b)     Council believes that artificial grass is detrimental to the environment and will do everything possible to eliminate its use in residential settings, parks, and other open spaces, through policy changes and media campaigns.

Councillor Way

c)      Council:

·         notes with concern that the new requirements for Voter ID create a barrier to residents exercising their democratic right to vote and may lead to some residents being disenfranchised. The requirements entail additional administrative burdens on Electoral Services and a risk of abuse to Poll Staff from anyone denied a vote due to lack of ID;

·         asks Officers to send appropriate information to all voters who have become 18 since the last Borough election unless registered for a postal vote;

·          asks the Leader to call on government to halt the further roll out of Voter ID, and if not, an expansion of the ‘accepted’ forms of photo ID to include those valid for young people.   

Councillor Jones

d)     Council recognises the importance of soil health in food production, combatting climate change, storing carbon, regulating water flow and quality, and as the basis for biodiversity. However Rushcliffe’s soil is under multiple threats including industrial farming methods, the ever-increasing built environment, flooding, and climate change. Council will:  

·          Include policies to help protect soil in the next round of the local plan, including measures to minimise impermeable surfaces in development; 

·          Review its own operations with a view to improving soil health on the council’s own land and land it manages; 

·          Engage with Rushcliffe’s farming community to discover barriers to more natural and organic methods of farming that nurture soil health; 

·          Target future grant opportunities such as REPF towards projects that can demonstrate improved soil health as one outcome (e.g. agroforestry);  

·          Create a register of such projects locally  ...  view the full agenda text for item 61.

The Mayor advised that again given the time and as there were four motions, she would be reducing the time for speeches from 10 minutes to five minutes for the mover of the motion, and three minutes for the responder. 

a)           The following Notice of Motion was proposed by Councillor Thomas and seconded by Councillor Way.

“Council recognises the problems faced in recent new estates where ownership and management of Public Open Space (POS) is under private companies, with residents subject to a charge on their homes and unregulated and uncapped charges for POS, plus additional fees not directly related to maintaining the public areas.

Council commits to undertaking a full and detailed options appraisal of ownership and ongoing management of public open space with a view to changing the policy for future new housing estates by April 2024, evaluating the following options:

·        RBC takes ownership of the POS and responsibility for management with no additional charge to residents, with a commuted sum paid by the developer to support this for a number of years via a S106 agreement. (i.e. revert to the previous policy);

·        RBC takes ownership of the land and itself charges residents for maintenance, undertaking the work in-house or procuring the services;

·        Ownership of the land passes to a properly constituted and regulated not-for-profit co-operative residents’ association responsible for ongoing maintenance and any charges to residents.

Council further commits to investigate ways that Rushcliffe could change the existing arrangements for recent new estates affected by the current policy.”

In moving the motion, Councillor Thomas stated that many residents living on new estates in the Borough had to pay a development company directly for the management of public open spaces in their community, in addition to their Council Tax. Those additional sums were often way beyond the anticipated charge for cutting the grass and could also include future liability for capital works such as play areas and drainage ponds. Councillor Thomas reported that a third of homes in her ward of Leake were now subject to those additional charges. Councillor Thomas advised that unfortunately, residents on new estates often mistakenly believed that those payments meant that local open spaces and play areas were exclusively for the use of residents that paid those additional charges, and this could lead to conflict between local residents and perceived visitors. Local residents paid for maintenance, litter collection and dog fouling, so it seemed logical to them that the facilities were for their use solely. Councillor Thomas stated that Section 106 Agreements differed significantly across different developments with a number of models in operation across the Borough and argued that despite the decision to move to this system being taken in good faith, it was not working and would lead to further problems inthe future.  Councillor Thomas outlined three alternative options described in the motion and asked the Council to commit to undertaking this work before April 2024, to ensure there was a better solution in place for new estates attracting residents  ...  view the full minutes text for item 61.

The Mayor announced that as it was now nearly 10.00pm the meeting would conclude, and the remaining items would be carried forward to the next ordinary meeting of Council in July 2023. She thanked Councillors for their attention through such a long evening.

It was RESOLVED that in accordance with the Council’s Constitution, the Mayor closed the meeting at 9.50pm and all remaining items were adjourned to the next ordinary Council meeting in July 2023.