Agenda and draft minutes

The Mayor’s Chaplain, Father Philipp Ziomek, addressed council and gave a reading.

Apologies for absence were received from Councillors Creamer, Dunkin and Roxanne Ellis.

The Mayor confirmed she had recently attended several Christmas light events across the borough and noted how heartwarming it was to see the community come together.

RESOLVED:

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

Councillor Greensmith arrived at the meeting.

Councillor Sam Smith noted that, unbeknownst to him, he was the subject of question 1, 2 and 4 from the public at item 7 on the agenda.

None.

Question 1

Last year the Rt Hon Kemi Badenoch MP, Minister for Women and Equalities wrote to public leaders reaffirming the Government’s commitment to the protected characteristics under the Equalities Act.

The 9 protected characteristics in the act are:
• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

The Minister for Women and Equalities also wrote, in the same letter, ‘I would like to be clear that there is no ‘hierarchy of rights’ under the act, therefore we should not hold one protected characteristic in higher regard than another.’

At the last full council meeting in November, the leader of the council made the following comment. ‘We were doing that [Councillors Name] before you left school’.

Does the Leader of the Council regret that the Mayor, nor the Chief Executive did not intervene to reprimand the Leader for this age based insult?

Question 2

What plans do the council have over the next year to protect people from age based discrimination in; the council chamber, at work in the council and across the Borough as a whole.

Question 3

Gedling Borough Council often uses the flag poles outside its entrance to mark occasions. Certain flags that the Council have flown fall outside of the Government’s approved list and therefore planning permission is required. Could the Council Leader detail when Gedling Borough Council has sought those permissions and for what flags?

Question 4

Would the leader of the council expect a member of his cabinet to resign if:

said member of his cabinet made a political attack on another democratically elected member of the council which was based on that member's protected characteristics under the equalities act.

E.g. an attack based on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Four questions were received, and the questioners were not able to attend the meeting to ask them. As such, all questions were asked by the Chief Executive and answered by the relevant councillor, as follows:

Question 1:

Last year the Rt Hon Kemi Badenoch MP, Minister for Women and Equalities wrote to public leaders reaffirming the Government’s commitment to the protected characteristics under the Equalities Act.

The 9 protected characteristics in the act are:

• age

• disability

• gender reassignment

• marriage and civil partnership

• pregnancy and maternity

• race

• religion or belief

• sex

• sexual orientation

The Minister for Women and Equalities also wrote, in the same letter, ‘I would like to be clear that there is no ‘hierarchy of rights’ under the act, therefore we should not hold one protected characteristic in higher regard than another.’

At the last full council meeting in November, the leader of the council made the following comment. ‘We were doing that [Councillors Name] before you left school’.

Does the Leader of the Council regret that the Mayor, nor the Chief Executive did not intervene to reprimand the Leader for this age-based insult?

Answer 1:

At the Council meeting in November 2023, during a debate about funding, I stated in response to comments made about the Shopwatch system that we were doing that, meaning Shopwatch, before Councillor Sam Smith left school.

This comment was not insulting or derogatory and was in fact based on my belief that we have had Shopwatch here at the Council for a number of years.

There was no need for intervention as the comment in itself was not insulting. Moreover, it was made in the context of a robust political debate.

To be clear, this Council is committed to the public sector equality duty and is working hard to improve equality and diversity in the performance of its functions.

Question 2:

What plans do the council have over the next year to protect people from age-based discrimination in the council chamber, at work in the council and across the Borough as a whole.

Answer 2:

At Cabinet next week, approval is being sought for a public consultation on our Equality and Diversity Policy for 2024-27. This consultation is to ensure we obtain resident’s input on how the Council can continue to deliver on its equality objectives from 2024-27. Our Overview and Scrutiny Committee at its meeting this month agreed to establish a working group to feed into this consultation process.

This follows on from our current Equality and Diversity Policy, Framework and Action Plan which expires in March 2024.

Between 2021-2024 the Council has been delivering and continues to deliver against an action plan of 70 actions to improve equality and diversity in the delivery of its functions.

These actions included an equality policy for staff, and customers, the roll out of equality training for all staff and Councillors, the gathering of equality data to inform service delivery, the review of all services to  ...  view the full minutes text for item 68.

Question from Cllr Whiting to the Leader of the Council:

-        How will Gedling Borough Council ensure that any lessons from the handling of the recent flooding event in Colwick and elsewhere in the borough are learned?

Question from Cllr Whiting to the Portfolio Holder for Climate Change and Natural Habitat:

-        How much has been spent topping up the surface of the car park at Colwick Rec in the past 3 years - and when will it be properly resurfaced?

A question was asked of the Leader of the Council from Councillor Whiting:

“How will Gedling Borough Council ensure that any lessons from the handling of the recent flooding event in Colwick and elsewhere in the borough are learned?”

Response from Councillor Clarke:

Madam Mayor, first of all may I record my sympathies for the residents who have experienced this and previous flooding events, as they have had a devastating impact on families.

Can I also pass on my thanks to Gedling Borough Council officers and all of the agencies involved in the recovery and clean-up operations across the borough.

In terms of lessons learnt, there are three mechanisms through which the latest flooding event will be reviewed.

1)       The Local Resilience Forum Flood Group will hold a multi-agency debrief to review the response and a list of recommendations and learning points will come from this.

2)       Nottinghamshire County Council as lead local flood authority will produce a section 19 report for flooding sites, and Gedling Borough Council officers will provide local data, information and intelligence to the County to directly feed into this report. Once finalised by the County Council, the report will then highlight as best it can the mechanisms of the flooding (in terms of the how and why the flood event happened) and will make appropriate recommendations for all partners to consider.

3)         Gedling Borough Council also holds its own internal debrief following a flood event, from which an action plan is created and reported to the internal Strategic Resilience Group for monitoring and action.

May I also remind the Chamber that the Leadership brought a motion regarding flooding to the last council meeting.  As a direct result of that motion, this Council has made written representations to the Secretary of State and central government calling for additional investment in flood defence and infrastructure work to ensure as far as possible that similar suffering and loss will be prevented for this and future generations of Gedling residents.

A question was asked of the Portfolio Holder for Climate Change and Natural Habitat from Councillor Whiting:

“How much has been spent topping up the surface of the car park at Colwick Rec in the past 3 years - and when will it be properly resurfaced?”

Response from Councillor V McCrossen:

Thanks for the question, I do believe that the previous ward councillor was also a great advocate for the Colwick Rec and asked the same question previously. The Colwick Rec car park surface is regularly topped-up with conglomerate gravel, which we use to fill potholes to create an even surface that is rolled and tampered down, and we can see this is not a long-term solution.

Over the past 3 years, I can confirm that we have spent a total of £1,125 in doing that. As I am sure you are aware, the car park has seen quite a significant usage recently and we know in part this is due to the introduction of car park charges at  ...  view the full minutes text for item 69.

No comments were made.

Report of the Head of HR, Performance and Service Planning.

Consideration was given to a report of the Head of HR, Performance and Service Planning, which sought to seek approval and subsequent publication on the Council’s website of the new Pay Policy Statement.

RESOLVED to:

Agree the approval and subsequent publication of the new Pay Policy Statement on the Council’s website.

Report of the Housing and Welfare Manager

Consideration was given to a report of the Housing and Welfare Manager which sought to seek approval for the current Council Tax Reduction Scheme (CTRS) to continue without revision in 2024/25.

RESOLVED that:

1)    the Council Tax Reduction Scheme (CTRS) 2024/25, to apply from 1 April 2024, be approved and adopted by full Council; and

2)    there are no changes to the CTRS for working age people as described in Section 2 of this report, except for the annual uprating and amendments of allowances and premiums in line with Housing Benefit levels; and

3)    there are no changes to CTRS for pension age people except for those contained within the annual Council Tax Reduction Schemes (Amendment) (England) Regulations

Report of the

Consideration was given to a report of the Revenues Manager which sought to seek approval to implement the 100% premium council tax charge after a dwelling has been vacant for a period of one year only with effect from 1st April 2024 and to remove the existing 10% discount and levy a 100% premium charge for dwellings classed as second homes, commencing on the day the dwelling is classified as a second home with effect from 1st April 2025

RESOLVED that:

1)    the 100% premium council tax charge is commenced after a dwelling has been vacant for a period of one year only with effect from 1st April 2024; and

2)    the existing 10% discount is removed and that a 100% premium council tax charge is levied on dwellings classed as second homes, commencing on the day the dwelling is classified as a second home with effect from 1st April 2025.

Report of the Democratic Services Manager

Consideration was given to a report of the Democratic Services Manager which sought to inform Council of the latest report from the Council’s Independent Remuneration Panel (IRP) relating to member remuneration for 2024/25, to invite Council to consider the recommendations made by the Panel and to agree to launch a recruitment exercise to fill the current vacancy.

A revised set of recommendations than those printed in the agenda pack were proposed by Councillor David Elliss and seconded by Councillor Elliott, in the following terms:

1)       Thanks the Independent Remuneration Panel for its work;

2)       Accepts the Independent Remuneration Panel’s recommendation numbers one and three as contained in the report;

3)       Does not accept the Independent Remuneration Panel’s recommendation number two as contained in the report;

4)       Agrees to link both Basic and Special Responsibility Allowances to increase in line with Chief Officer’s local authority pay awards as agreed in previous years;

5)       As a form of indexation, agrees that the Chief Officer local authority pay award adjustment be applied to Basic and Special Responsibility Allowances for the next four years in accordance with the Local Authorities (Members Allowances) (England) Regulations 2003;

6)       Agree the schedule of members’ allowances for 2024/25 as attached at appendix 1 to this report, but uprated by the pay award once agreed;

7)       Authorise the Monitoring Officer to make appropriate amendments to section 29 of the Constitution to reflect any changes to the members’ allowances scheme agreed and publicise any amendment;

8)       Agree to launch a recruitment exercise to fill the current vacancy on the Independent Remuneration Panel, and recruit one additional panel member;

9)       Agree to establish a cross party interview panel of 3 Members to interview suitable candidates for the Independent Remuneration Panel as detailed in the report, and make recommendation to Council as to appointment.

RESOLVED that Council:

1)       Thanks the Independent Remuneration Panel for its work;

2)       Accepts the Independent Remuneration Panel’s recommendation numbers one and three as contained in the report;

3)       Does not accept the Independent Remuneration Panel’s recommendation number two as contained in the report;

4)       Agrees to link both Basic and Special Responsibility Allowances to increase in line with Chief Officer’s local authority pay awards as agreed in previous years;

5)       As a form of indexation, agrees that the Chief Officer local authority pay award adjustment be applied to Basic and Special Responsibility Allowances for the next four years in accordance with the Local Authorities (Members Allowances) (England) Regulations 2003;

6)       Agree the schedule of members’ allowances for 2024/25 as attached at appendix 1 to this report, but uprated by the pay award once agreed;

7)       Authorise the Monitoring Officer to make appropriate amendments to section 29 of the Constitution to reflect any changes to the members’ allowances scheme agreed and publicise any amendment;

8)       Agree to launch a recruitment exercise to fill the current vacancy on the Independent Remuneration Panel, and recruit one additional panel member;

9)       Agree to establish a cross party interview panel of 3  ...  view the full minutes text for item 74.

Report of the Monitoring Officer

Consideration was given to a report of the Monitoring Officer which sought to seek adoption of a new Member’s Code of Conduct for Gedling Borough Councillors.

RESOLVED that:

Members adopt the Member’s Code of Conduct at Appendix 1.

Councillor Hughes returned to the meeting.

None.

Motion 1 – this motion has been removed from the agenda as the Mayor has ruled that it does not meet section 7.12e of section 4 of the council’s constitution - every motion shall be relevant to some matter in relation to which the Council has powers or duties or which affects the Borough.

Motion 2

Gedling Borough Council notes the difficulties faced with on-street parking and the

increase in the number of cars per household.

To help mitigate new housing from increasing the amount of on-street parking, this

Council has an adopted Supplementary Planning Document referenced in LPD 57

‘Parking Provision for Residential and Non-Residential Developments’ (February 2022) (“SPD”), however, this policy allows for unallocated spaces which includes on-street parking as part of meeting the required parking provision.

The SPD also states at paragraph 4.12 that whilst “The expectation is that parking

standards will be met, however if the development is served by one or more regular

public transport service, this may be a material consideration justifying a reduced

parking provision requirement, especially if a site is located within; or close to a central area.”

This Council can not, however, control who moves into housing that does not have

provision for off-street parking and can therefore not enforce the use of public transport or none use of personal vehicles.

Therefore, Gedling Borough Council resolves to recommend that Cabinet considers a

review of the ‘Parking Provision for Residential and Non-Residential Developments’

Supplementary Planning Document (SPD) and such review to include:

1.     the removal of paragraph 4.12 and its content from the ‘Parking Provision for Residential and Non-Residential Developments’.

2.     the provision that all car parking requirements serving occupants on new developments must be met within residential curtilages

Proposer: Cllr Stuart Bestwick

Seconder: Cllr Helen Greensmith

Motion 3

Currently, ashes can be interred in Gedling Borough Council cemeteries between Monday and Friday at a fee of £221 which are observed by the Council’s cemetery staff. There is, however, demand for this service at weekends, including from working families and those who have family members who are not local to the Borough.

This Council therefore resolves, subject to approval of a business case, that Council staff are made available to observe the internment of ashes on two Saturdays per month for a trial period of at least six months.

Proposer: Cllr Sam Smith

Seconder: Cllr Mike Adams

Motion 1 – this motion had been removed from the agenda as the Mayor ruled that it did not meet section 7.12e of section 4 of the council’s constitution - every motion shall be relevant to some matter in relation to which the Council has powers or duties, or which affects the Borough.

A point of order was raised on this from Councillors Whiting and Gibbons to ascertain if there were any additional reasonings for the removal. The Mayor confirmed she had done this using her judgement of section 7.12e of the councils’ constitution.

Motion 2

Councillor Bestwick, seconded by Councillor Greensmith, proposed a motion in the following terms:

“Gedling Borough Council notes the difficulties faced with on-street parking and the increase in the number of cars per household.

To help mitigate new housing from increasing the amount of on-street parking, this Council has an adopted Supplementary Planning Document referenced in LPD 57 ‘Parking Provision for Residential and Non-Residential Developments’ (February 2022) (“SPD”), however, this policy allows for unallocated spaces which includes on-street parking as part of meeting the required parking provision.

The SPD also states at paragraph 4.12 that whilst “The expectation is that parking standards will be met, however if the development is served by one or more regular public transport service, this may be a material consideration justifying a reduced parking provision requirement, especially if a site is located within; or close to a central area.”

This Council can not, however, control who moves into housing that does not have provision for off-street parking and can therefore not enforce the use of public transport or none use of personal vehicles.

Therefore, Gedling Borough Council resolves to recommend that Cabinet considers a review of the ‘Parking Provision for Residential and Non-Residential Developments’ Supplementary Planning Document (SPD) and such review to include:

1.     the removal of paragraph 4.12 and its content from the ‘Parking Provision for Residential and Non-Residential Developments’.

2.     the provision that all car parking requirements serving occupants on new developments must be met within residential curtilages

Proposer: Cllr Stuart Bestwick

Seconder: Cllr Helen Greensmith”

Councillor Gibbons left the meeting.

On being put to a vote, the motion was lost.

Councillor Gibbons returned to the meeting.

Councillor Whiting left the meeting.

Motion 3

Councillor Sam Smith, seconded by Councillor Adams, proposed a motion in the following terms:

“Currently, ashes can be interred in Gedling Borough Council cemeteries between Monday and Friday at a fee of £221 which are observed by the Council’s cemetery staff. There is, however, demand for this service at weekends, including from working families and those who have family members who are not local to the Borough.

This Council therefore resolves, subject to approval of a business case, that Council staff are made available to observe the internment of ashes on two Saturdays per month for a trial period of at least six months.

Proposer: Cllr Sam Smith

Seconder: Cllr Mike Adams”

Councillor Whiting returned to the meeting.

And amendment was proposed by  ...  view the full minutes text for item 77.