Agenda and draft minutes

To receive any apologies for absence from Councillors.

Apologies were received from Councillors H Allen, L Fear, M Greene, N Hedges, K Rampton, M Robson and R Rocca.

Councillors are required to comply with the requirements of the Localism Act 2011 and the Council's Code of Conduct regarding Disclosable Pecuniary Interests.

Councillors are also required to disclose any other interests where a Councillor is a member of an external body or organisation where that membership involves a position of control or significant influence, including bodies to which the Council has made the appointment in line with the Council's Code of Conduct.

Declarations received will be reported at the meeting.

There were no declarations of interest made on this occasion.

To confirm and sign as a correct record the minutes of the Meeting held on 16 July 2019.

The Minutes of the Council meeting held on 16 July were confirmed as a correct record and signed. Subject to clarification of the voting relating to Clause 15 of the minutes and Councillor Diana Butler’s abstention.

To receive any announcements from the Chairman of the Council.

Death of Former Councillor

The Chairman referred with regret to the recent death of former Borough of Poole Councillor Joanne Tomlin.  She was a Broadstone Councillor from May 2015 to September 2016. Joanne had been a member of the Communities and Economy Overview and Scrutiny Committees. Councillors were advised that she had also been a member of the Broadstone, Merley and Bearwood Area Committee. The Chairman called on Councillors Julie Bagwell and Judy Butt who paid tribute to Joanne Tomlin as a Councillor and a devoted Mother.  Councillors stood in silent tribute.

Statement from Councillor Lisa Lewis

The Chairman of the Council called on Councillor Lisa Lewis who made the following statement:

“I feel that I would like to give you all an explanation and also an apology for my carelessness on social media.

I have been suspended by the Labour Party for possible breach of rules, pending investigation, in line with standard procedure.

I retweeted the Dorset Eye tweet because I am concerned about the censorship of independent press and media, and the motives behind the recent attacks on the Canary.  I don’t like the fact that someone will use their celebrity status to spread their own message instead of the truth. 

I should have taken more time to read the link to the whole tweet carefully because upon doing so later I realised that it used an invidious tone and language which I would never use personally, and it had unpleasant connotations which goes against my innate belief of treating people with respect and dignity. 

When retweeting I did not interpret the article as having anti-Semitic connotations.  If I had thought there was a chance it might be seen as such I would never have retweeted it as I find such opinions abhorrent.

I have been shocked and horrified to think that my action has caused offence and also resulted in extra work for our Council’s elected representatives.  I have learnt a lesson and will be extremely careful in future.

I am really grateful to those of you who’ve already shown understanding and support - thank you, it means a lot.”

To receive any public questions, statements or petitions submitted in accordance with the Constitution. Further information on the requirements for submitting these is available to view at the following link:-

https://democracy.bcpcouncil.gov.uk/documents/s2305/Public%20Items%20-%20Meeting%20Procedure%20Rules.pdf 

The deadline for the submission of:

Public questions is Tuesday 10 September 2019.

A statement is 12.00 noon, Monday 16 September 2019.

A petition is 12.00 noon, Monday 16 September 2019.

The Chairman advised that 7 public questions, 2 statements and 1 petition   had been submitted for the meeting.

Public Question from Philip Stanley-Watts

It should be a democratic right for residents to take part in the planning process so why is the objectors letter not within your local planning policies.

Response by Councillor Margaret Phipps (Portfolio Holder for Strategic Planning)

Thank you for your question.   Just to be clear - members of the public can continue to write letters and make comments on planning applications.  That has not changed as there is an embedded democratic right for residents to take part in the planning process. However, in revising the Councils constitution, specifically Part 3 on ‘Responsibilities for Functions’ (not ‘local planning policies’ as referred to in your question), the Council decided that a number of changes were needed to align the various approaches from the 3 legacy councils of Bournemouth, Christchurch and Poole, on how planning applications were referred to planning committee for determination, rather than being determined by a planning officer.

One of those changes was to no longer have a trigger point, as had been the case in Bournemouth, of 10 letters of objection, automatically meaning that a planning application would be referred to the planning committee for determination.

Whilst letters from the public, of objection or support, are welcome, now, just one objection, citing a material planning consideration, submitted via an elected Councillor, can trigger a call to Committee.  Please do write in, but also do contact your elected Councillor who is there to help you with your concerns.

When officers or the planning committee make a decision on a planning application it is the planning merits of the scheme that are considered.  It is not the volume of objections but the material planning considerations that are important.

I also want to point out that other changes have been made to the constitution that broaden the types of applications that can be referred to committee by officers or councillors. For example, householder applications are now included, and often these may only affect one or two people, and it may not be possible to obtain 10 letters to submit to the Council.   Also, there has been an extension to the length of time given to members to request that an application be determined by committee - to 30 days.  

But again, I stress that the Council welcome comments from the public on planning applications and in that respect those democratic rights have not changed.

Public Question from Sarah Ward

Under the hospital plans a single A&E and Maternity unit at RBH will serve 750k people from the conurbation catchment area, and west Hampshire.

In addition, 245 acute beds will be cut, there is not enough funding or staff for new ‘integrated community services’ supposed to reduce demand for acute care, there are acute vacancies and a NHS recruitment and retention crisis. 

Can the Council confirm that issues regarding the ability of the newly planned services to meet  ...  view the full minutes text for item 21.

To receive the minutes of the following meetings.

The Committee Minutes for the last cycle of meetings were received.

Voting: Agreed

The recommendations arising from the meeting of the Cabinet held on 11 September 2019 were then considered and approved:-

The Portfolio Holder for Strategic Planning presented the report and proposed approval as set out.

In response to a question the Portfolio Holder explained the level of consultation undertaken and the process for the referendum.

A Ward Councillor wished to record her thanks and appreciation to the Community in respect of the above neighbourhood plan.

Voting: Unanimous.

The Portfolio Holder for Strategic Planning presented the report and proposed approval as set out.

A Councillor referred to the Poole Local Plan which had only recently been adopted at the end of 2018.  The Portfolio Holder reported that the focus would be on the development of the new plan.

Voting: Unanimous.

The Leader of the Council presented the report and proposed that the allocation of £2.1m funding for additional internal capacity and external support for delivering the pay and reward strategy be approved.

Voting: Unanimous.

Councillor Nicola Greene raised concern and sought clarification on the how the item on Project Admiral Leasehold Considerations and Acquisition Proposals had been dealt with at the Cabinet on 11 September 2019 in particular the exclusion of the press and public.  She highlighted an extract from the minutes of the Cabinet which referred to “…discussion regarding the buy back of properties …” and requested that all Councillors should be advised of the issues raised and the process for dealing with such items. The Leader of the Council confirmed that this issue would be dealt with at the next meeting of the Cabinet and councillors advised accordingly. 

The Council is required in accordance with the relevant legislation to review the political balance of the Council and the allocation of seats following any changes to political groupings.

The Council is therefore asked to:

·       consider the revised political balance and the allocation of seats on Committees.

·       note a change to one of the Conservative Group representatives on the Dorset Police and Crime Panel.

·       note a change to the membership of the Planning Committee.

The Leader of the Council presented a report, a copy of which had been circulated to each Councillor and a copy of which appears as Appendix ‘A’ to these Minutes in the Minute Book.

Council were asked to:

·          consider the revised political balance and the allocation of seats on Committees;

·          note a change to one of the Conservative Group representatives on the Dorset Police and Crime Panel; and

·          note a change to the membership of the Planning Committee.

The Leader of the Council in moving the recommendations sought approval for Councillor Stephen Bartlett to be appointed to serve on the Overview and Scrutiny Board as Councillor Nigel Brooks had confirmed that he no longer wished to serve on that body.

RESOLVED that:-

(a)            the revised political balance of the Council as set out in the report be agreed and that Councillor Stephen Bartlett replace Councillor Nigel Brooks on the Overview and Scrutiny Board;

(b)            it be noted that Councillor Mohan Iyengar will replace Councillor Mark Anderson as a representative on the Dorset Police and Crime Panel; and

(c)            it be noted that Councillor Beverley Dunlop will replace Councillor Laurence Fear on the Planning Committee.

Voting: Unanimous

Councillor Nicola Greene will move and Councillor May Haines will second the following motion:

“This Council unanimously, unequivocally and explicitly condemns prejudice and intolerance in all forms. We uphold, as is our moral and legal duty, the 9 protected characteristics of the 2010 Equality Act of age, disability, gender re-assignment, marriage and civil partnership, pregnancy and maternity, race, sex and religion or belief. There is no place in this Council, be it members or officers, for prejudice, discrimination or bigotry of any kind. To further demonstrate our commitment this Council adopts the widely and internationally adopted IHRA definition of antisemitism.”

The Council was advised that the following motion had been proposed by Councillor N Greene, seconded by Councillor M Haines in accordance with Procedure Rule 13.

That this Council unanimously, unequivocally and explicitly condemns prejudice and intolerance in all forms. We uphold, as is our moral and legal duty, the 9 protected characteristics of the 2010 Equality Act of age, disability, gender re-assignment, marriage and civil partnership, pregnancy and maternity, race, sex and religion or belief. There is no place in this Council, be it members or officers, for prejudice, discrimination or bigotry of any kind. To further demonstrate our commitment this Council adopts the widely and internationally adopted IHRA definition of antisemitism.

An amendment was proposed by Councillor Mark Howell

That the last sentence regarding adoption of the IHRA definition be deleted.

The amendment was seconded by Councillor Dr Felicity Rice.

Councillors debated and had a comprehensive discussion on the amendment.

A recorded vote was requested in accordance with Procedure Rule 16.2 of the Constitution.

Upon being put to the recorded vote the amendment fell with voting:

For

Against

Abstentions

Voting: For – 3, Against – 60; Abstentions – 5

The original motion as set out above was put to the recorded vote and carried with voting:

For

The deadline for questions to be submitted to the Monitoring Officer is 9 September 2019.

Question from Councillor Beverley Dunlop

Given the significance of the motion before council tonight and its purpose to eliminate any form of prejudice or discrimination from BCP, as Equality and Diversity Champion could the leader please advise what steps she is taking to ensure the policies of this council uphold the 9 protected characteristics (specified in the motion) as defined in the 2010 Equality Act in order to safeguard the rights of those groups as defined within that Act?

 
Response by Councillor Vikki Slade (Leader of the Council)

I can confirm that the preceding councils all and Equalities and Diversity policies and that we have prioritised a new policy for BCP, which we had intended to bring before cabinet last week.  We decided to postpone this to strengthen the wording and it will be coming before cabinet in October.

The policy will clearly state that the Council will not tolerate any form of unjust, unfair or unlawful discrimination by or towards any of its staff, contractors or partners including those who deliver services on our behalf.  The Council’s commitments to equality & diversity will be embedded in BCPs Corporate Strategy which is coming to full Council for approval in November, which has been subject to wide stakeholder engagement over the summer.

The suggested groups within the framework are as identified within the Equality Act 2010. The idea is the opposite of singling out one above the other or of any being more of a priority than any other. The rational is that by identifying with the Protected Characteristics under the Act that it is fully inclusive.

A BCP Council equality impact assessment process is in place and shortly all BCP equality impact assessments will be published on the BCP Council website.

The implementation of an Equality & Diversity action plan and an internal Equality & Diversity Governance framework ensures there is a clear route for escalation of issues and that activities set out in the action plan are delivered.

Supplementary Question from Councillor Beverley Dunlop

Referred to the content of reports that were submitted to Cabinet that did not include the appropriate protected characteristics.

Response by Councillor Vikki Slade (Leader of the Council)

Councillor Slade referred to the need to build a framework and address a full understanding of the legislation.  She offered to meet with Councillor Dunlop to discuss further.