Agenda and minutes

To receive any apologies for absence from Councillors.

No apologies had been received for this meeting.

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

The following declarations were made:

• Councillor Mark Anderson declared a disclosable pecuniary interest in respect of item 7f - Cabinet 10 March 2021 - Minute No 315 - Sale of Christchurch By-Pass by virtue of his wife being employed by Waitrose and confirmed that he would not speak or vote on this item.
• Councillor Sandra Moore declared a personal interest in respect of item 7e - Cabinet 10 March 2021 – Minute No 313 – Children and Young People’s Partnership Plan 2021-2024 as a trustee and Member of the Teachers Trust and the Education Alliance for Canford Heath.
• Councillor Sarah Anderson declared a disclosable pecuniary interest in respect of item 7f - Cabinet 10 March 2021 - Minute No 315 - Sale of Christchurch By-Pass by virtue of being employed by Waitrose and confirmed that she would not speak or vote on this item.

To confirm and sign as a correct record the minutes of the Meeting held on 23 February 2021.

The Minutes of the Ordinary Council meeting on 23 February 2021 were confirmed.

To receive any announcements from the Chairman.

The Chairman made the following announcements:

A        Death of Former Bournemouth Borough Councillor Eric Smith

The Chairman reported with sadness, the death of Eric Smith, former Bournemouth Borough Councillor for Winton and Moordown Wards.

The Chairman called on Councillor Filer to say a few words.  She paid tribute to Eric Smith for his service to Bournemouth Borough Council.

The Council paid tribute to Eric Smith with a minute silence.

B        ‘Beacon of Remembrance”

The Chairman reported that today marked the anniversary of the first Covid lockdown.  He explained that as part of a day of remembrance at 8pm there would be a ‘Beacon of Remembrance’.  He proposed to adjourn the meeting at 7.55pm until 8.05 pm to allow Councillors to participate if they wished.

C        Motion on Carers

The Chairman advised Councillors that the Motion deferred from the Council meeting on 23 February 2021 on the above had been withdrawn in accordance with the Constitution and therefore did not appear on the agenda for today’s meeting.

To receive any public questions, statements or petitions submitted in accordance with the Constitution, which is available to view at the following link:

https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1

The deadline for the submission of a public question is 4 clear working days before the meeting.

The deadline for the submission of a public statement is midday the working day before the meeting.

The deadline for the submission of a petition is 10 working days before the meeting.

The Chairman reported a follows:

A – Public Questions

In accordance with the Constitution the following public questions had been published on the website and a link circulated to all Councillors.  Responses to these questions had also been published on the website:

·       Chrissie Morris Brady on non-permeable driveways

·       Samantha March on the Arts and Makers Market Bournemouth Gardens

·       Don Nutt on Keyhole Bridge

·       Ian Clark on the Shack Café in Muscliff Park

·       Phil Stanley on end of the emergency legislation on remote meetings

B – Statements

In accordance with the Constitution the following statement had been published on the website and a link circulated to all Councillors.

·       Phil Stanley – on a memorial for those affected by the pandemic

C – Petitions

There were no petitions submitted for this Council meeting.

The deadline for questions to be submitted to the Monitoring Officer is 15 March 2021.

Question from Councillor Mark Howell

The budget has allocated approximately £400,000 for completion of the planning process for development of housing on Turlin Moor playing fields. This clearly demonstrates an intention to proceed with the scheme, which was initiated by the Borough of Poole, following the planned consultation. How does the Council intend to fund the build-out of the scheme, what level of certainty is there as to the availability of funding and when can we expect to see proposals for re-siting of the football pitches?

Reply from Councillor Philip Broadhead, Portfolio Holder for Regeneration, Economy and Strategic Planning and Deputy Leader of the Council

The project was commenced by the former Borough of Poole with the intention that once a Planning consent was achieved, a full business case would be prepared and the Council would then make the decision as to how the project would then be taken forward. The options at that time were to include disposal of the site, once the remediation works were completed, or the selection of a joint venture partner to work with the Council.

The site remains a significant allocated housing site, but as I’ve pledged again and again, we can only take the next steps if we bring the local community along with us, and that starts with full and proper local consultation. I’m pleased to say that work to begin this process and do it properly has started in earnest with the Ward Councillors alongside myself and Cllr Jane Kelly as the Lead Member for Community Engagement. Our aim is to show how to listen properly to the locally community and not bully them into something by telling them that we know best.

Once the parameters for a scheme is finalised following that resident consultation, then the business case will be developed. Prior to any planning application being submitted, the business case with the various options will need to be considered by Council.

The capital funding requirements for the project will form part of that business case together with any grant opportunities which may be suitable for the project. I’m delighted to confirm that Homes England have committed that they would welcome a further funding bid if there are suitable funding programmes available and once the project has more certainty.

With regard to the background work for the project, that is at the stage where most of the site investigation works and surveys have been completed, but there are still some site surveys needed to be able to conclude the technical options for the sports pitch provision. At the current time the additional surveys are on hold until that full engagement can take place, face to face, with the local community. As part of that process, we will clearly need to fully engage with the local sports clubs regarding the football pitches as part of the process to come.  The time scales of this are as yet unknown but those conversations and consultations will start again when lockdown eases.

Councillor Howell  ...  view the full minutes text for item 83.

Please see recommendations detailed below.

7a – Licensing Committee 4 March 2021 – Minute No 33 – Item of Any Other Business – Procedural Issue

The Chairman of the Licensing Committee presented the report on the procedural issue as set out on the agenda.  The Council was advised that this issue related to the single private hire area for BCP Council.  The Chairman explained that a procedural error had been reported to her and the Licensing Committee on 4 March 2021.  Members were reminded that the Council on 23 February 2021 had agreed to apply Part II of the Local Government Miscellaneous Provisions Act 1976.  The Chairman reported that due to the procedural error this was undertaken without the pre-requisite legislative requirements. In order to meet the provisions of Section 45 of the Local Government Miscellaneous Provision Act 1976 the Chairman advised that the Parish Councils had been notified and an advert placed in the local press for two consecutive weeks of the Council’s intention to resolve that the provisions of Part II of the Local Government Miscellaneous Provisions Act 1976 will apply in their area.  This resolution when made by full Council will create the single private hire area for the BCP conurbation for the provision of private hire licensing from the date specified as part of the resolution and this aspect of the policy was welcomed by the taxi trade. The Chairman confirmed that the parish councils had been notified by email of this intention and the notices had appeared in the daily echo on 5 and 12 March 2021.  The Licensing Committee on 4 March had unanimously agreed to recommend that the Council resolves that Part II of the Local Government Miscellaneous Provisions Act 1976 shall apply to the whole administrative area of Bournemouth, Christchurch and Poole Council from 1 June 2021.The proposal was seconded by Councillor Kelsey.

The recommendation arising from the Licensing Committee on 4 March 2021 relating to the above was approved.

Voting: Unanimous 

7b - Audit and Governance Committee 11 March 2021 - Minute No 70 - Report of the Constitution Review Working Group - Changes to the Council's Constitution

The Chairman of the Audit and Governance Committee presented the report on changes to the Constitution as set out on the agenda that was seconded by Councillors Williams.

Councillor Slade referred to the opportunity for welfare payments for Councillors.  She reported that she was disappointed that the issues around equality and diversity in the senior leadership team was not discussed.  She recognised that Councillors were not employees but that the six-month rule would enable them to maintain their responsibilities as a Councillor.  Councillor Slade highlighted that if we want a Council that was representative of the community it was necessary to move forward and think about this issue.  Councillor Slade referred to other associated issues including the ill health of a Cabinet Member and the implications for the Councillor and how the work of the Cabinet Member would be addressed.  She hoped that this matter could  ...  view the full minutes text for item 84.

Councillors will be asked to agree the date for an additional meeting of the Council.

The Chairman asked the Council to agree an additional meeting of the Council and proposed that the meeting be held on 2 June 2021 at 6pm Councillor Geary seconded the proposal.

Councillors discussed the start time of the meeting and it was highlighted that Council meetings would normally start at 7 pm rather than 6 pm – Councillor Hadley proposed a 7 pm start time which was seconded by Councillor Le Poidevin.  Members referred to the day of the proposed additional meeting, the consultation with independent Councillors and the impact of purdah. The Monitoring Officer reported that the Police and Crime Commissioner elections were taking place as well as the two by-elections and the Council was in a position of no overall control where the two by-elections may have a bearing on the way the Council was constituted.  She reported that it was wise for the Council to be careful during the pre-election period.  The Monitoring Officer explained that business as usual should continue but it was just for controversial decisions or decisions taken and meetings held right up against the election day that it was best to be cautious and hold them outside of the pre-election period.

RESOLVED that an additional meeting of the Council be held on 2 June 2021 at 7 pm.

Voting: Unanimous

The Chairman reported that the Annual meeting of the Council was scheduled for 11 May 2021 at 7 pm.

Gender-Neutral Language

At the Council meeting on 5 January 2021 the following motion was moved by Councillor L-J Evans and seconded by Councillor Lisa Lewis:

“That Council resolves to use gender-neutral language in all reports and formal communications, both verbal and written, in accordance with its commitment to uphold the 9 protected characteristics of the Equality Act 2010 and in combating prejudice and discrimination.”

The Council on 5 January 2021 agreed – That the motion be referred to the Audit and Governance Committee for it to be considered through the Constitution Review Working Group.

Audit and Governance Committee considered the Motion at a meeting on 11 March 2021 and resolved to recommend that in considering the Motion, Council has due regard to the following issues, namely to:-

(a)  Note that there is inconsistent use of gender terms in BCP Council’s constitution, policies and communications.

(b)  Eliminate discrimination and advance equality of opportunity

(c)  Remove gender specific determination when describing roles within BCP, unless there is a genuine occupational requirement for them to remain.  This to include the review of the Council Constitution, Policies and communications and replace written references with gender neutral terms, such as the role of the Chair.

(d)  Communicate these changes to all departments and members of staff within BCP Council.

(e)  Continue to use pronouns when the sex of an individual is known, or when an expressed request has been made from an individual to be referred to by a specific gender.

(f)    Note the adoption of the Audit and Governance recommendations at Council on 5 January 2021 which stated that no change be made to current practice relating to the form of address for the person presiding at meetings and that this be left as a matter of choice for each individual person presiding.  Democratic Services should ascertain, in each case, the preference of individual Councillors as they are appointed.

In light of the views expressed at the Audit and Governance Committee, the proposer and seconder of the original Motion gave notice to request that the Motion be altered to read as follows (text shown in italics are the additional words to be added):-

“That Council resolves to use gender-neutral language in all reports and formal communications, both verbal and written, in accordance with its commitment to uphold the 9 protected characteristics of the Equality Act 2010 and in combating prejudice and discrimination.

In doing so, Council endeavours to:

1.        Remove male universals, such as ‘Chairman’, from the constitution, policies and all written and verbal communications and to replace them with gender neutral terms, such as ‘Chair’.

2.       Use gender-neutral language where an individual’s sex or social gender are not relevant or not known.

3.       Respect an individual’s right to be addressed as they wish, and identify this where appropriate.”

Since the original Motion has already been proposed and seconded, the consent of Council to alter the Motion is required. There should be no discussion on whether consent should or should not be given.  ...  view the full agenda text for item 86.

Members were reminded that at the Council meeting on 5 January 2021 the following motion was moved by Councillor L-J Evans and seconded by Councillor Lisa Lewis:

“That Council resolves to use gender-neutral language in all reports and formal communications, both verbal and written, in accordance with its commitment to uphold the 9 protected characteristics of the Equality Act 2010 and in combating prejudice and discrimination.”

 The Council on 5 January 2021 agreed – That the motion be referred to the Audit and Governance Committee for it to be considered through the Constitution Review Working Group.

Councillors were informed that the Audit and Governance Committee had considered the Motion at a meeting on 11 March 2021 and resolved to recommend that in considering the Motion, Council has due regard to the following issues, namely to:-

(a)    Note that there is inconsistent use of gender terms in BCP Council’s constitution, policies and communications.

(b)    Eliminate discrimination and advance equality of opportunity

(c)    Remove gender specific determination when describing roles within BCP, unless there is a genuine occupational requirement for them to remain.  This to include the review of the Council Constitution, Policies and communications and replace written references with gender neutral terms, such as the role of the Chair.

(d)  Communicate these changes to all departments and members of staff within BCP Council.

(e)  Continue to use pronouns when the sex of an individual is known, or when an expressed request has been made from an individual to be referred to by a specific gender.

(f)    Note the adoption of the Audit and Governance recommendations at Council on 5 January 2021 which stated that no change be made to current practice relating to the form of address for the person presiding at meetings and that this be left as a matter of choice for each individual person presiding.  Democratic Services should ascertain, in each case, the preference of individual Councillors as they are appointed.

In light of the views expressed at the Audit and Governance Committee, the proposer and seconder of the original Motion gave notice to request that the Motion be altered to read as follows (text shown in italics are the additional words to be added):-

“That Council resolves to use gender-neutral language in all reports and formal communications, both verbal and written, in accordance with its commitment to uphold the 9 protected characteristics of the Equality Act 2010 and in combating prejudice and discrimination.

In doing so, Council endeavours to:

1.        Remove male universals, such as ‘Chairman’, from the constitution, policies and all written and verbal communications and to replace them with gender neutral terms, such as ‘Chair’.

2.       Use gender-neutral language where an individual’s sex or social gender are not relevant or not known.

3.       Respect an individual’s right to be addressed as they wish, and identify this where appropriate.”

Since the original Motion has already been proposed and seconded, the consent of Council to alter the Motion was required. There should be no discussion on  ...  view the full minutes text for item 86.

The Chief Executive to report on any decisions taken under urgency provisions in accordance with the Constitution.

The Chief Executive reported that one urgent decision had been taken confirming the spend on the seasonal response funding allocation which was the Council’s response to preparations for the summer season following consultation with the Leader of the Council and leading opposition Councillors.