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Agenda and minutes

Venue: Council Chamber. View directions

Contact: Alec Dubberley  Service Manager, Elections and Members' Services

Items
No. Item

47.

Opening Prayers.

Minutes:

Reverend Michael Taylor, Mayor’s Chaplain, delivered the opening prayers.

48.

Apologies for Absence.

Minutes:

Apologies for absence were received from Councillors Bailey, Peter Barnes, Blair, John Clarke, Creamer, Roxanne Ellis, Fox, Paling and Weisz.

49.

Mayor's Announcements.

Minutes:

The Mayor spoke about a variety of engagements she had attended in particular the very poignant remembrance event in Arnot Hill Park which was attended by children from Arno Vale Junior School.

 

The Mayor thanked Colwick Theatre Group for allowing her a guest part in their recent production.

 

Councillor Parr was thanked for arranging the horse sculpture, as part of remembrance activities, which was taking pride of place in the civic centre foyer.

 

Finally the Mayor thanked members for their good wishes following her son’s recent accident and said that he was feeling much better.

50.

To approve, as a correct record, the minutes of the meetings held on 10 and 24 September 2014. pdf icon PDF 39 KB

Additional documents:

Minutes:

RESOLVED:

 

That the minutes of the above meetings, having been circulated, be approved as a correct record.

 

The Mayor invited Councillor Payne to address Council concerning the Daybook based dentist who was under investigation for poor clinical practice. He advised that this was likely to affect a significant number of Gedling residents and that the Council and its partners were doing all they could to reassure, give information to and support those affected.

51.

Declaration of Interests.

Minutes:

None.

52.

To answer questions asked by the public under Standing Order 8.

Minutes:

Question from Mr Stuart Beniston

 

“The A W Lymn appeal against refusal of planning permission for a crematorium on Catfoot Lane was turned down on various grounds.

In his report, the inspector highlighted several inadequacies in the way both the Lyumn and Westerleigh applications had been handled by the Planning Department. It therefore seems that the Westerleigh permission was approved by a flawed process. However, that permission was subsequently quashed following a legal challenge by A W Lymn. That decision is now being appealed in a higher court, both by the Council and by Westerleigh, due to be heard in early December.

 

I was told by one of the planning officers that the Council has appealed in order to resolve wider national planning issues. However, if the appeal succeeds, the Westerleigh permission for a crematorium and cemetary will be automatically reinstated, creating a permanent intrusion into our countryside which may be unjustified.

 

Is the Council comfortable with adding its weight to the appeal when, according to the Lymn Appeal inspector, the original permission was granted without full and proper consideration of all the issues?

 

My view is that the Council should now be making every effort to restart the whole process to allow a full evaluation to be carried out, taking account of the Inspector’s comments.

 

To this end, does the Council agree that its appeal should be withdrawn? In that event, it is likely that Westerleigh will continue with their appeal and the wide planning issue will be resolved anyway. Should that not happen, there will be other opportunities to resolve these issues without saddling the Borough with an intrusive development for with the case has not truly been made. “

 

Answer from Councillor Pulk, Porfolio Holder for Leisure and Development.

 

It is correct that the A W Lymn application, which was refused by the Council, was considered at a public inquiry in June 2014. The Inspector upheld the Council’s refusal of that application and dismissed the appeal.

 

However, it is not correct to conclude that the Inspector highlighted several inadequacies in the way both the A W Lymn and Westerleigh applications were handled by the Planning Department.

 

I would point out that the inquiry only considered the A W Lymn application – it did not (and had no jurisdiction to) consider the Westerleigh application. The Inspector made this clear both at the time and in his Decision.

 

However the Inspector did look at the issue of need, which related to both applications and concluded that ‘It may be that there is such a need, but if so, it remains to be demonstrated.’ The Council addressed this at the original Planning Committee by producing a joint report on this one issue. The officer recognised that

“the decision as to whether need has been proven is extremely finely balanced” but came to the conclusion that the evidence was “sufficient to be regarded as very special circumstances in this instance.”

 

Your question raises separate points:

 

1.         Your view is that the  ...  view the full minutes text for item 52.

53.

Review of Polling Places, Polling Districts and Polling Stations pdf icon PDF 33 KB

Additional documents:

Minutes:

Consideration was given to a report of the Service Manager Elections and Members’ Services, which had been circulated prior to the meeting, seeking approval to adopt a new scheme of polling places, polling districts and polling stations for Gedling Borough.

 

RESOLVED to:

 

1)    Adopt the new polling districts, polling places and polling stations set out in the appendix to the report to be used for elections from May 2015;

 

2)    Request that the Chief Executive formally publishes the notice of the conclusion of the review and its findings; and

 

3)    Note that the Chief Executive is authorised to designate an alternative polling place should one become unavailable at short notice before an election.

54.

Independent Remuneration Panel - Report and recommendations for 2015/16 pdf icon PDF 33 KB

Additional documents:

Minutes:

Consideration was given to a report of Stephen Bray, Corporate Director, which presented the findings of the Council’s Independent Remuneration Panel for the next financial year.

 

RESOLVED:

 

1)    To note the report of the Independent Remuneration Panel;

 

2)    That pending the outcome of the strategic review of members’ allowances, the allowances be frozen at the current rate and the current scheme of members allowances continues;

 

3)    To agree the schedule of members’ allowances for 2015/16, as attached at Appendix 2 to the report; and

 

4)    To authorise the Council Solicitor and Monitoring Officer to make appropriate changes to Part 6 of the Constitution to reflect the changes to members’ allowances agreed.

 

55.

Proposed amendment to the Constitution: Standing Order to prohibit recording of private meetings pdf icon PDF 40 KB

Minutes:

Consideration was given to a report of the Council Solicitor and Monitoring Officer, which had been circulated prior to the meeting, asking the Council to approve an addition to the Procedural Standing Orders in the Constitution to prohibit recording of a meeting where the public are excluded

 

RESOLVED:

 

That the matter stand adjourned without discussion to the next ordinary meeting of the Council.

56.

To receive questions and comments from Members concerning any matter dealt with by the Executive or by a Committee or Sub-Committee (Standing Order 11.1). pdf icon PDF 23 KB

Additional documents:

Minutes:

In accordance with Standing Order 11.1, a number of comments were made and responded to by the appropriate Cabinet Member or Committee Chair.

57.

To consider motions under Standing Order 12.

Recognising that tobacco use remains one of the most significant public health challenges in the UK, costing billions of pounds each year, and that smoking is the single greatest cause of premature death and disease in our communities, causing more deaths in England than any other preventable cause, this Council commits to sign the Nottinghamshire Declaration on Tobacco Control. We will, as local leaders with a commitment to contribute to improving the health of local people, take an active lead on developing and implementing a plan of action to support the reduction of harm caused by tobacco with partners, stakeholders and the wider Gedling Community.

 

Proposer: Councillor Wheeler      

 

Seconder: Councillor Hughes

Minutes:

Upon a notice of motion received in the name of Councillor Henry Wheeler a proposition was moved by Councillor Henry Wheeler and seconded by Councillor Paul Hughes in the following terms:-

 

Recognising that tobacco use remains one of the most significant public health challenges in the UK, costing billions of pounds each year, and that smoking is the single greatest cause of premature death and disease in our communities, causing more deaths in England than any other preventable cause, this Council commits to sign the Nottinghamshire Declaration on Tobacco Control. We will, as local leaders with a commitment to contribute to improving the health of local people, take an active lead on developing and implementing a plan of action to support the reduction of harm caused by tobacco with partners, stakeholders and the wider Gedling Community.

 

After discussion and on the requisition of two Members the motion was put to a named vote and the motion was carried.

 

For the Motion

Councillor Steve Ainley

Councillor Pauline Allan

Councillor Bruce Andrews

Councillor Patricia Andrews

Councillor Sandra Barnes

Councillor Chris Barnfather

Councillor Denis Beeston MBE

Councillor Alan Bexon

Councillor John Boot

Councillor Nicki Brooks

Councillor Ged Clarke

Councillor Bob Collis

Councillor David Ellis

Councillor Andrew Ellwood

Councillor Paul Feeney

Councillor Tony Gillam

Councillor Mark Glover

Councillor Gary Gregory

Councillor Cheryl Hewlett

Councillor Sarah Hewson

Councillor Jenny Hollingsworth

Councillor Mike Hope

Councillor Paul Hughes

Councillor Phil McCauley

Councillor Barbara Miller

Councillor Richard Nicholson

Councillor John Parr

Councillor Michael Payne

Councillor Lynda Pearson

Councillor Stephen Poole

Councillor Colin Powell

Councillor Darrell Pulk

Councillor Nick Quilty

Councillor Roland Spencer

Councillor Sarah Tomlinson

Councillor John Truscott

Councillor Henry Wheeler

 

Against the motion:

Councillor Meredith Lawrence

 

Abstentions:

Councillor Roy Allan

Councillor Carol Pepper

Councillor Susanne Prew-Smith

 

RESOLVED that:

 

Recognising that tobacco use remains one of the most significant public health challenges in the UK, costing billions of pounds each year, and that smoking is the single greatest cause of premature death and disease in our communities, causing more deaths in England than any other preventable cause, this Council commits to sign the Nottinghamshire Declaration on Tobacco Control. We will, as local leaders with a commitment to contribute to improving the health of local people, take an active lead on developing and implementing a plan of action to support the reduction of harm caused by tobacco with partners, stakeholders and the wider Gedling Community

 


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