Brentwood Borough Council

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Brentwood Borough Council

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Agenda and minutes

Venue: Council Chamber, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY

Contact: Jean Sharp (01277 312655) 

Items
No. Item

223.

Apologies for Absence

Minutes:

Apologies were received from Cllrs McLaren and Fulcher.

224.

Declarations of Interest

Minutes:

Cllr Hossack and Cllr Nolan declared an interest by the virtue that the polling station referred to within the agenda, is their local polling station.

 

Cllr Bridge declared an interest by the virtue that that he is part of  the management committee of a Polling Station referred to within the agenda.

 

Cllr Kendall declared an interest by the virtue that he is the Chair of the Bus and Rail Users Association.

 

 

225.

Mayors Announcements

Minutes:

The Mayor advised Members of the engagements he had undertaken and reminded Members that nominations for Aldermen and Alderwomen and Freemen and Freewomen which needed to be made before the end of October.

 

The Mayor also advised Members that Civic Awards nomination would be open from 1st November 2019.

226.

Minutes of the previous meeting - 26 June 2019 pdf icon PDF 1023 KB

Minutes:

The minutes of the 26. June 2019 Ordinary Council meeting were APPROVED as a true record. 

227.

Minutes of Extraordinary Council meeting - 30 July 2019 pdf icon PDF 160 KB

Minutes:

The minutes of the 30 July 2019 Extraordinary Council meeting were APPROVED as a true record. 

228.

Minutes of Extraordinary Council meeting - 18 September 2019 pdf icon PDF 182 KB

Minutes:

The minutes of the 18 September 2019 Extraordinary Council meeting were APPROVED as a true record, subject to an amendment to the attendance list to shown the apologies received by Cllr Tumbridge.

229.

Public Questions pdf icon PDF 118 KB

Additional documents:

Minutes:

Mrs Patricia Smith put the following questions to the Leader of the Council:

 

What Equality Act, Autism Act and Care Act training, and autism/disability/hidden disability/mental health/disability and carer issues training has the Council undertaken?

 

Will the council please pass a motion in support of #BackTo60 – 1950s born women who have had their state pensions taken away for six years, no notice, and left to pay additional NI contributions for the full new state pension, also with no notice, leaving them and their families in dire straits, losing their homes etc?

 

Cllr Hossack thanked Mrs Smith for her two questions.

In relation to the first question Cllr Hossack informed her that in terms of the Housing Advice and Homeless Prevention Officers they have received no specific training on autism. The Officers are trained in relation to the Equality Act and relevant legislation which includes:

           In-house Training – Including case law updates and peer-to-peer sessions

           Shelter Training (which includes Homelessness, Housing Law and Temporary Accommodation and the Law). These courses include face-to-face training on the Equality Act, including disability-related matters and the public sector equality duty. Information on courses is obtainable directly from Shelter and is available online.

           Housing Reviews Limited: Officers have undertaken Homeless training, which is provided by Housing Reviews Limited to a large number of Local Authorities throughout the country. The courses include face-to-face training on matters related to the Equality Act and discrimination. Information is obtainable directly from Housing Reviews Limited and is available online.

In response to the second question Cllr Tumbridge advised on behalf of Cllr Hossack that the High Court had recently made given* judgement against the claimants case. Therefore in light of the High Court decision it would not be possible appropriate* for the Council to consider such a motion as set out in the question.

*amendments agreed at 22.1.2020 Ordinary Council meeting.

Mrs Gearon-Simms put the following question to the Leader of the Council:

 

“I understand that buyers of council owned properties are contractually obliged to desist from selling or renting these properties for five years.  What action does the Council take to ensure that the purchases of the council properties comply with their contractual obligations?

 

For example, how long is it before these brought properties can be rented or sold?”

 

Cllr Hossack thanked Mrs Gearon-Simm for her question.

He advised her that all properties bought via the Right to Buy Scheme have a clause within their lease, and a restriction on their Title Register prohibiting them to sell before 10 years after date of completion. If looking to sell within the first five years after completion, a percentage of the discount received will be repayable to the council.

If the homeowner wishes to sell before the 10 year period expires, they must comply with legislation under Housing Act 1985 s 156 which refers to the Councils Right of First Refusal. This in summary states that the Council should be offered the opportunity to buy back the  ...  view the full minutes text for item 229.

230.

Memorials or Petitions

Minutes:

No memorials or petitions were presented. 

231.

Committee Chairs Reports and Members Questions pdf icon PDF 67 KB

Additional documents:

Minutes:

Committee chairs reports were provided for Members information.

 

Questions were put to Chairs and responses received.

 

232.

Review of Polling Districts and Polling Places pdf icon PDF 247 KB

Additional documents:

Minutes:

The report detailed the responses received to the statutory review of polling districts and polling places, evaluating the issues raised and proposed amendments to the current schedule for Members approval. 

 

Cllr Hossack MOVED and Cllr Mrs Hones SECONDED the recommendations in the report. 

 

An amendment was MOVED by Cllr Kendall and SECONDED by Cllr Mrs Davies to state:

 

Members are asked to agree the amendment to respect of the Pilgrims Hatch Ward list at Paragraph 39 Option 2 1.

 

This amendment was accepted by Cllr Hossack.

 

A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY.

 

R1.      Members were asked to agree the modification in respect of the LB polling place description to “The area within one mile radius of the junction of Larchwood Gardens and Ongar Road, Pilgrims Hatch. 

 

R2.      Members were asked to agree the amendments in respect of the Pilgrims Hatch Ward listed at Paragraph 39 Option 1

 

R3.      Members were asked to agree the minor amendments to Brentwood South Ward and Tipps Cross – Stondon Massey Polling District as set out within the report at Paragraph 14 and 41. 

 

R4.      Members were asked to approve the schedule of polling districts and polling places before them, as modified in accordance with the above resolutions. 

 

Reason for Recommendation

The Council has a responsibility to ensure that suitable arrangements are made for the holding of elections in line with the statutory duties of the authority. 

 

 

 

 

233.

Lloyds Set Off Agreement pdf icon PDF 154 KB

Minutes:

The report sought approval from members of the Council to enter into a Set off Agreement with Lloyds Bank with regard to debit and credit balances on the Council’s bank accounts. 

 

The Council had a gross overdraft facility which allowed debit balances on one or more of the accounts to be offset against credit balances on one or more of the other accounts, provided that the combined balances of all the accounts were in credit. 

 

Lloyds Bank had reviewed its contractual arrangements and was asking each Local Authority to formalise the facility by entering into a Set Off Agreement. 

 

Cllr Hossack MOVED and Cllrs Mrs Hones SECONDED the recommendations in the report.

 

A vote was taken on a show of hands it was RESOLVED UNANIMOUSLY.

 

R1.      To approve entering into a Set Off Agreement with Lloyds Bank.

 

R2.      To designate the Director of Corporate Resources as a Proper Officer of the Council for the purpose of signing the Agreement. 

 

R3.      To instruct the Head of Legal Services to provide to Lloyds Bank plc a certified copy of the minutes of this meeting as verification that approval has been granted.  

 

Reason for Recommendation

Council approval was required to formalise Banking Arrangement with Lloyds Bank by entering into a set off agreement. 

 

234.

Extension of Loan Facility to Seven Arches Investments Limited pdf icon PDF 254 KB

Minutes:

The report requested a £30m extension to the loan facility available to Seven Arches Investments Limited (SAIL).  The governance arrangements and treasury management implication around this are also addressed. 

 

Cllr Hossack MOVED and Cllr Tumbridge SECONDED the recommendations in the report.

 

A vote was taken on a show of hands and it was RESOLVED UNANIMOUSLY.

 

R1.      Approve a £30m extension (total £60m) to the loan drawdown facility available to Seven Arches Investments Limited. 

 

R2.      Delegate authority to the Policy, Resources and Economic Development Committee to approve the use of the new total remaining drawdown facility as and when required. 

 

R3.      Approve the revised prudential indicators set out in paragraphs 6-9 and to update the Treasury Management Strategy accordingly.  

 

Reason for Recommendation

Council approval was required to make changes to the treasury management strategy and delegate its powers. 

 

 

235.

Notices of Motion pdf icon PDF 124 KB

Minutes:

The Mayor informed the members that seven Notices of Motion had been received.  However, motion 3 had been withdrawn and therefore will not be debated.

 

Six notices of motion were debated:

 

1.    Cllr Mrs Pearson MOVED the following motion SECONDED by Cllr Hossack. 

 

The following sites are longstanding carbuncles in Brentwood:

 

Former Charles Napier site

Land opposite Shenfield Common

Wates Way

 

We call on the appropriate officer to explore whether it is possible to engage with the land owners to see how we can move these forward so that the contribute positively to our Borough. 

 

Cllr Chilvers proposed two amendments to the Motion.

 

1.    An amendment was MOVED by Cllr Chilvers and SECONDED by Cllr Mynott that the Charles Napier and Wates Way site be removed from the original motion.

 

2.    An amendments was MOVED by Cllr Chilvers and SECONDED by Cllr Naylor that 29 Cromwell Road be added to the original motion.

 

Cllr Pearson accepted the seconded amendment, but not the first.  The second amendment now formed part of the substantive motion.

 

After a full discussion. A vote was taken by a show of hands for the first amendment:

 

“That the Charles Napier and Wates Way site be removed for the original motion”.

 

The vote was LOST.

 

A vote was taken on the substantive motion with the amendment to include 29 Cromwell Road.

 

A vote was taken by a show of hand and was RESOLVED.

 

2.    Cllr Mrs Pound MOVED the following motion SECONDED by Cllr J Cloke. 

 

The impact that pavement parking has on our community particularly those with issues of social isolation and limited mobility.  The danger to residents forced to walk in the road due to blocked pavements. 

 

The current responsibility for enforcement lies with the police who have limited powers in this area and often do not have time to enforce. 

 

This Council therefore:

 

1.    Welcomed the recent report by the Commons Transport Committee calling for new legislation to deal with the issue of pavement parking. 

2.    Welcomed the Transport Committee’s recommendations that enforcement of this ban should lie with local authorities.    

3.    Requests that the Chief Executive write to the Secretary of State for Transport expressing our support for the introduction of a nationwide ban on pavement parking with responsibility for enforcement to the local authority.  

4.    Undertakes that at the appropriate time we will work with the relevant stakeholder to ensure that any necessary exemptions to the ban are implemented in the Borough.

 

An amendment was MOVED by Cllr McKinlay and SECONDED by Cllr Hossack.  This accepted by Cllr Pound and Cllr Cloke to state:

 

3.         Requests that the Chief Executive write to the Secretary of State for Transport expressing our general support for the recommendation around the introduction of a nationwide ban on pavement parking with responsibility for enforcement to the local authority.        

 

Following a discussion a vote was taken on a show of hands and it was RESOLVED UNANIMOUSLY.

 

(Cllr Hirst declared non-pecuniary interest in the virtue of this  ...  view the full minutes text for item 235.

236.

Urgent Business

An item of business may only be considered where the Chair is of the opinion that, by reason of special circumstances, which shall be specified in the Minutes, the item should be considered as a matter of urgency.

 

Minutes:

There were no items of urgent business.

 

The meeting concluded at 21:46pm.