Meeting documents

CHILTERN DISTRICT COUNCIL

MINUTES of the Meeting of the CHILTERN DISTRICT COUNCIL

held on 4 DECEMBER 2001

APOLOGIES FOR ABSENCE were received from Councillors Mrs D Allen, R Arthy,  

Mrs J Barratt, M J Batt, Ms J E Bramwell, N L Brown, J E Ford, Mrs H Matthews, Mrs E P Stacey and Miss M J White

82.     MINUTES

The Minutes of the meeting of the Council held on 30 October 2001, copies of which had been previously circulated, were signed by the Chairman as a correct record.

     Arising from Minute 15 of the Licensing and Regulation Committee held on 4 October 2001 and Minute 72 of the Council Meeting held on 30 October 2001, Members were reminded that the recommendations in the Licensing and Regulation Committee had been held over to this meeting to enable the commencement date for the introduction of new fees to be advertised.  No objections had been received and it was accordingly

     RESOLVED –

That the recommendations in Minute 15 of the Licensing and Regulation Committee held on 4 October 2001 be approved and adopted.

84.     ATTENDANCE

The Chairman of the Council drew attention to the poor attendance at this meeting.  Ten apologies for absence had been received and three Members were absent without having apologised.  He asked the Group Leaders to ensure a better attendance in future.

85.     DECLARATIONS OF INTEREST

     Councillor R T Young declared his interest in any matters relating to the Chiltern Leisure Trust.

86.     ANNOUNCEMENTS

     The Chairman of the Council made the following announcements:-

1.     Functions

The functions attended by the Chairman and Vice-Chairman of the Council since the last Council meeting were circulated.

2.     Youth Parliament

The Chairman drew attention to the recent elections for a member to represent this area on the Youth Parliament.

3.     Amnesty International Meeting

The Chairman drew attention to an Amnesty International meeting to take place on Friday 7 December.

87.     PLANNING COMMITTEE

          It was proposed by Councillor N Rose, seconded by Councillor Mrs M Harker, and

RESOLVED –

That the Minutes and Resolutions of the meeting of the Planning Committee held on 1 November 2001 be received and adopted.

88.     SCRUTINY COMMITTEE

     It was proposed by Councillor A Campbell, seconded by Councillor P T Priestley, and

RESOLVED –

That the Minutes of the meeting of the Scrutiny Committee held on 13 November 2001 be approved and adopted, subject as below.

89.     BEST VALUE REVIEW TEAM

Arising on Minute 37 of the Scrutiny Committee held on 13 November 2001, a nomination from the Liberal Democrat Group Leader had been requested to the Review Team.

RESOLVED –

     That the nomination of Councillor Mrs L M Bateman to the Review Team be confirmed.

90.     PERSONNEL COMMITTEE

     It was proposed by Councillor J A Banham, seconded by Councillor A Dibbo, and

RESOLVED –

That the Minutes and Resolutions of the Personnel Committee held on 14 November 2001 be received and adopted.

91.     CONSTITUTION REVIEW COMMITTEE

     It was proposed by Councillor D W Phillips, seconded by Councillor Miss P A Appleby, and

RESOLVED –

That the Minutes and Resolutions of the Constitution Review Committee held on 15 November 2001 be approved and adopted. 

92.     PLANNING COMMITTEE

     It was proposed by Councillor N Rose, seconded by Councillor Mrs M Harker, and

RESOLVED –

That the Minutes and Resolutions of the meeting of the Planning Committee held on 22 November 2001 with the exception of Minute 75 be received and adopted.

     Note:

     1.     Councillor A W Walters entered the meeting at 6.45 pm and Councillor Mrs J Ottaway at 6.48 p.m.

     2.     Councillor M Peters declared his interest in Plan No 2001/1685/CH arising on Minute 79.

Councillor N M Rose moved, seconded by Councillor Mrs M Harker, the adoption of Minute 75 of the Planning Committee held on 22 November 2001.

Reference was also made to Minute 8 of the Constitution Review Committee held on 22 November 2001 which contained a recommendation to support and implement the Scheme of Delegation to Officers in relation to the Head of Planning Services subject to some amendments.

The schemes proposed for delegation to officers and to authorise Parish Councils to attend Planning Committee meetings to speak were discussed.  An amendment from Councillor P T Lole, seconded by Councillor Mrs M A Hamilton, was not pursued and it was accordingly

RESOLVED –

That the Recommendations in Minute 75 of the Planning Committee as amended in Minute 8 of the Constitution Review Committee be approved and adopted.

     Note:  Councillor A H Reed requested that his vote against the above Recommendation be recorded.

94.     CONSTITUTION REVIEW COMMITTEE

It was proposed by Councillor D W Phillips, seconded by Councillor T Dodd, and

     RESOLVED –

That the Minutes and Recommendations of the Constitution Review Committee held on 27 November 2001 be received and adopted.

     Note:  Councillor N M Rose left the meeting at 7.13 pm.

95.     LICENSING AND REGULATION COMMITTEE

     It was proposed by Councillor D Schofield, seconded by Councillor N Brentnall, and

RESOLVED –

That the Minutes and Recommendations of the Licensing and Regulation Committee held on 29 November 2001 be received and adopted, subject as below.

96.     ENFORCEMENT OF TAXI LICENSING PROVISIONS

Arising on Minute 23 of Licensing and Regulation Committee, it was noted that the increase in fees for 2002/2003 which had been recommended at 10% could not be implemented until an appropriate advertisement had been circulated and any comments taken into consideration.  It was accordingly

     RESOLVED –

That the Recommendations in Minute 23 be approved subject to there being no adverse comments received in respect of Recommendation 1, following advertisement.

97.     EXECUTIVE QUESTION TIME

In accordance with Rule 9.1 of the Procedural Rules, the Council considered reports and received questions without notice from Members.

Councillor D W Phillips

The Executive Leader drew attention to the question of the Buckinghamshire County Council Local Government Pension Fund upon which he wished to brief the Council.

Councillor Phillips drew attention to a serious situation having an adverse effect upon the Council's budgetary provision concerning this Council's payments to the Local Government Pension Fund.  Councillor Phillips advised that over the last 3 years the yield from investment made by the fund had amounted to only 1.7% compared with a median figure of 4.3% and an average figure of 4.5%.  The result was a shortfall which would have to be made good by constituent authorities.  This Council would need to find an additional £430,000 in addition to the amount for which budgetary provision had already been made.  The additional sums would need to be made over the next 3 years until a further revaluation of the fund took place.

The result of having to meet this shortfall was that a substantial payment would need to be made over and above the budget increase which had already been discussed.  The options opened to the Council were:-

Districts within Buckinghamshire were only represented by one Member on the Pensions Advisory Group and it was Councillor Phillips' contention that the Group should not only have been more aware of the problems which were being created, but should also have comprised suitably qualified Members from business or commerce who would have understood the ramifications of the problems as they arose.

Councillor Miss Appleby felt that this Council had been left in a very difficult position as the result of actions taken by Buckinghamshire County Council.  She felt that the manner in which the fund had been managed was totally inadequate and that representation on the Pensions Advisory Group should be reviewed to include more district council and officer representation.

Councillor Phillips advised that there was a County/District Leaders meeting on Thursday 6 December at which he had requested that this matter be included on the agenda.  Unfortunately the County Council Leader and Deputy Leader, Councillor David Shakespeare and Councillor Bill Chapple, were unable to attend.

Councillor R T Young asked whether the figures which had been indicated by Councillor Phillips included payments which the County Council fund would require from the Chiltern Leisure Trust.  Councillor Phillips advised that the figures did not include those payments.

Councillor Walters expressed his dissatisfaction not only on behalf of this Council, but also other authorities including Town Councils whose staff were on the Buckinghamshire County Council's superannuation fund and who would be hit hard by the requirement to make additional payments.

Councillors C Spruytenberg and T Dodd drew attention to the worrying issues raised.  In particular, they wished to have further advice on the supervision of the fund.  Councillor Lole suggested that if this Council was insured against professional negligence, then consideration should be given with the Council's insurers to pursue a claim against the County Council.

Councillor Phillips advised that he would be taking up the matters raised by Members with the County Council and would also be asking the District Auditor to review the situation.

98.     EXECUTIVE MINUTES – 6 NOVEMBER 2001

It was proposed by Councillor D W Phillips, seconded by Councillor J A Banham, and

     RESOLVED –

That the Minutes and Recommendations of the meeting of the Executive held on 6 November 2001 be received and adopted subject as below.

99.     FLOOD DEFENCES – CRITICAL ORDINARY WATER COURSES

Arising on Minute 154 of the Executive, Councillor Meacock drew attention to the help given by the EEC to other countries to assist with flood defences.  He requested the Executive to write to the appropriate Minister asking that funds be made available from the EEC.

Councillor Phillips advised that the Executive would consider this matter, possibly initially by approaching James Elles MEP.

Councillor P T Lole requested the Executive to reconsider this matter.  He drew attention to the opposition to this scheme by Chalfont St Peter Parish Council but also pointed out the support which he and other local residents had given to the suggestion.

     Councillor Phillips advised that he would be happy for the Executive to look at this matter again.

101.     CALENDAR OF MEETINGS

Following consideration at the last Council Meeting, a revised calendar of meeting dates for 2002/2003 had been circulated, and

     RESOLVED –

That the meeting dates for May 2002 to May 2003 be agreed.

102.     LOCAL GOVERNMENT COMMISSION – FINAL RECOMMENDATIONS

It was reported that the Final Report of the Local Government Commission had been received following the review of District Electoral Arrangements.  The Council now had until 2 January 2002 to make any comments to the Secretary of State for Transport, Local Government and the Regions.

Councillor J Banham, the Portfolio Holder on this matter, advised that he did not feel that there were any substantial matters to which to draw the Secretary of State's attention but that it would be necessary for some delegation to be given for any comments which may be received from Members.

     RESOLVED –

That the submission of comments on the Final Report of the Local Government Commission be delegated to the Chief Executive in consultation with the Chairman of the Boundaries and Electoral Arrangements Committee and the Leader of the Executive.

103.     EXECUTIVE QUESTION TIME

Members were reminded that at the Constitution Review Committee on 15 November 2001, the matter of the Executive Question Time and the consideration of Executive Minutes had been raised.  It had been suggested that the submission of the Executive Minutes and the questioning of Members should be kept separate and the "Executive Hour" should be a separate item.  A further meeting of the Constitution Review Committee had been arranged for 19 December and any views arising during discussion at this meeting would be taken into consideration.

     Points raised during discussion were:-

The County Council's Partnership Scrutiny Committee had agreed to undertake, as a pilot exercise, the review of the proposed amalgamation of the South Bucks and Stoke Mandeville Hospital Trusts.  This Council had been requested to nominate a representative to join the review.

     RESOLVED –

     That Councillor Mrs M A Hamilton be nominated to serve on the review.

105.     HOMELESSNESS COMMITTEE – TERMS OF REFERENCE – AMENDMENT

The Council considered a report which suggested that the Director of Planning and the Environment should be authorised to amend the adopted housing register to accurately reflect the right of an applicant to a review of the decision that an applicant be not accepted for inclusion on the housing register.  If this was accepted, the Terms of Reference of the Homelessness Committee would need to be amended to authorise the conduct of such review.

     RESOLVED –

The Meeting ended at 8.30 pm