Agenda and draft minutes

Council - Tuesday, 12th July, 2022 7.00 pm

Venue: Council Chamber, BCP Civic Centre, Bournemouth BH2 6DY. View directions

Media

Items
No. Item

15.

Apologies

To receive any apologies for absence from Councillors.

Minutes:

Apologies were received from Councillors H Allen, L Allison, S Bull, G Farquhar, P Hall, M Howell, R Lawton, C Matthews, M Robson and T Trent.

 

16.

Declarations of Interests

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.

Minutes:

The Monitoring Officer advised that if any Member is required to make any declaration of interest, they should refer to the flow chart set out on the agenda for guidance.

The Leader and the Deputy Leader of Council advised that they had been granted with dispensations from the Chief Executive in accordance with the relevant legislation by virtue of their directorships on companies in relation to Minute No. 21 (BCP FuturePlaces Ltd – Revised business plan and funding mechanism) and were therefore able to participate in the discussion and voting thereon.

 

17.

Confirmation of Minutes pdf icon PDF 953 KB

To confirm and sign as a correct record the minutes of the Meetings held on 26 April 2022 which was reconvened on 10 May 2022, the Extraordinary Council meeting on 10 May 2022, the Annual Council meeting on 10 May 2022 and the Extraordinary Council meeting on 21 June 2022.

Additional documents:

Minutes:

The Minutes of the meetings held on 26 April 2022 reconvened on the 10 May 2022, the Extraordinary Council meeting on the 10 May 2022, the Annual Council meeting on the 10 May 2022 and the Extraordinary Council meeting on the 21 June 2022 were confirmed subject to the following:

-       Minute 152 (26 April 2022), paragraph 3, line 14 (page -13-), the word ‘not’ to be removed which otherwise negates what was said.

-       Minute 153 (26 April 2022), paragraph 2, line 9 (page -31-), the word ‘sucker’ be replaced with ‘succor’.

 

18.

Announcements and Introductions from the Chairman

To receive any announcements from the Chairman.

Minutes:

Councillor Nick Geary

The Chair informed council that Councillor Nick Geary had sadly recently passed away.

In relation to this the Chair advised that Nick Geary was first elected to Christchurch Borough Council in 1999 until 2003 representing the Portfield Ward and was subsequently re-elected in 2007 until 2019 representing the North Highcliffe and Walkford Ward. In addition the Chair advised that Councillor Geary had successfully stood for election to BCP Council in May 2019 as well as the newly established Highcliffe and Walkford Parish Council in the same year.

Further to this the Chair advised that Councillor Geary was elected as Mayor for Christchurch twice in 2010 and 2017.

Councillors Brooks and Flagg relayed personal experiences of working with Councillor Geary following which Councillors were upstanding and there was a period of respectful silence following the sad passing of Councillor Nick Geary. 

Councillor F Rice arrived at 7.15pm

Civic Activities

The Chair took the opportunity to refer to some of the engagements that he had attended since the last Council meeting as detailed below:

  • Jubilee Service at Sherborne Abbey
  • Met with the Chief Executive of the Dorset Community Foundation
  • THE WELL Café in The Boscombe Royal Arcade with Cllr Jane Kelly
  • Had a meeting with the Leader of BCP Council in the Old Town Hall in Christchurch with the Mayor and Deputy Mayor of Christchurch and the Christchurch Town Council, Town Clerk
  • Jubilee Tree Planting ceremony on behalf of the Soroptimists at St Peter’s School, Iford, with the Lord Lieutenant of Dorset
  • Jubilee Tree Planting ceremony on behalf of the Soroptimists at Poole High School, with the Lord Lieutenant of Dorset
  • Morning Service for the South Atlantic Medal Association in Christchurch
  • Evening Dinner for the South Atlantic Medal Association in Christchurch
  • The High Sheriff of Dorset’s Summer Party at Durlston Castle
  • Opened the Bourne Free event at Meyrick Park
  • Christchurch Town Council Rededication Service at Christchurch Priory
  • Remembering Srebrenica event in this Chamber

 

19.

Public Issues

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

 

Minutes:

The Chair advised that a number of public issues had been submitted.

A – Public Questions

Public Question from Hilary Trott

Why does the council think they can re-define disabled parking? The Law is that disabled bays need space all round. It is not solely for wheelchair users, who naturally DO need this. Those with ANY limited mobility also need the side space so we can open the car door fully, enabling egress and re-entry.

The spaces in the first bay in the South Car Park by AFCB’s ground do NOT all have this facility, so CANNOT be called spaces for the disabled.

If I used one of these spaces, I would be trapped in the car. They are NOT legal.

Response from Councillor Mike Greene, Portfolio Holder for Sustainability and Transport

The Council does not think that it can re-define disabled parking and is fully aware of the need to provide clear space all around. 

Guidance is that disabled access parking spaces should be 2400mm x 4800mm with a 1200mm wide marked access zone between spaces and a 1200mm zone for boot access.  

I would like to thank Ms Trott for highlighting that there was an issue with the first of the 14 disabled bays in the row at the northern end of the Car Park, which did not have a sufficiently wide access zone on its left-hand side. The other 13 bays were fully compliant. 

On receipt of Ms Trott’s message, the Parking Team inspected the location and ordered alterations to the markings within the car park to ensure that this end also has the required access zone on both sides of it. This work has been completed. 

Public Question from Zoe Keeping (read by Mr Freeman)

On 19 January 2021 BCP Council were granted planning permission to demolish the existing park building in Churchill Gardens and erect a community/cafe building.  We ask the Head of Planning to remove the condition to demolish the existing park building within 2 months of the new building being open to the public, applied to the grant of planning application, on the basis that is no longer relevant or reasonable.  Churchill Gardens cannot afford to lose such a valuable community resource that has the potential to be repurposed to serve the community as a sustainable living centre under community management. 

Response from Councillor Bobbie Dove, Portfolio Holder for Community Safety and Regulatory Services

Thank you for the request, although please note that the Head of Planning nor any other officer is able to unilaterally remove planning conditions without an application being first made.

In order to facilitate this matter through the correct procedure, the planning department would like to consider and understand the request through a pre-application enquiry. The local planning authority will then be able to consider the planning merits of the proposed retention of the building. The planning merits will take into consideration positive community value of this building so that the full impact of any decision made is fully  ...  view the full minutes text for item 19.

20.

Petition - Stop women being harassed and intimidated outside the Ophir Road abortion clinic

Council is advised that a petition with 2,788 valid signatures has been received from Sister Supporter Bournemouth requesting that:

 

“We the undersigned petition the council to take all measures within its power, including but not limited to the establishment of a Public Space Protection Order (PSPO), to move anti-abortion groups away from the area immediately outside the BPAS abortion clinic on Ophir Road, Charminster (to a distance of at least 150m). This will allow women and pregnant people to access its services free from interference and intimidation and to prevent the detrimental impact this activity is having on local residents.”

 

In accordance with the Constitution a petition with 2,000 + signatures will be referred for debate at a meeting of full Council. The Council is asked to consider the petition and to determine next steps.

 

Notice of Motion in accordance with Procedure Rule 9 in relation to this matter

The following motion submitted in accordance with Procedure Rule 9 of the Meeting Procedure Rules has been proposed by Councillor Millie Earl and seconded by Councillor Lisa Lewis.

The Council notes:

2,788 people who live, work or study within the BCP area have signed the Sister Supporter petition calling on BCP Council to take measures to stop harassment and intimidation of women as they access services at the BPAS Bournemouth Abortion Clinic.

This motion is explicitly not one for or against abortion, which is available in Great Britain in the circumstances laid out in the Abortion Act 1967. It is a motion that seeks to protect the rights of individuals from harassment and intimidation when accessing legally existing health services and of local residents not to be exposed to related disruption and distress.

Many protesters use deliberately disturbing and graphic images, distribute leaflets containing misleading information about abortion, hang baby clothes on the bushes and hold ‘vigils’ which staff and visitors are subjected to as they enter or leave the clinic. Significant numbers of women report feeling intimidated and distressed by this activity as they try to access a lawful healthcare service in confidence.

The right to protest needs to be balanced with the right of women and pregnant people to choose and to obtain advice and treatment in confidence and free from intimidation. Those who wish to campaign to restrict women’s reproductive choices have plenty of opportunities and locations in which to do so. The area outside a clinic need not and should not be one of them.

Equally, local residents who live on Ophir Road and surrounding streets should not have to be exposed to constant nuisance, disruption and anxiety caused by such protests on a daily basis. Further, staff at BPAS Bournemouth Clinic should be protected from bullying and intimidation at their place of work.

In April 2018, Ealing Council became the first in the UK to use a Public Space Protection Order (PSPO) to protect women from “intimidation, harassment and distress” outside the Marie Stopes clinic. Since then, two other councils, Richmond and Manchester, have successfully introduced  ...  view the full agenda text for item 20.

Minutes:

The Chairman set out the process for dealing with the petition as set out in the Constitution.

Jess Bone the petition organiser from Sister Supporter provided council with background relating to the submitted petition and reported that the petition was being presented on behalf of 3395 signatories.

The Chairman asked Members to raise any questions of clarification.

Councillor Bobbie Dove, Portfolio Holder for Community Safety and Regulatory Services addressed the Cabinet advising that following concerns raised a Portfolio Holder decision had recently been made to go out to public consultation on a proposed PSPO which would provide a buffer zone, and that this will be subject to a 6-week consultation which will commence on 20 July 2022.

In relation to this Councillor Millie Earl addressed council advising that whilst a motion had originally been tabled that as the proposed PSPO was going out to consultation that she wished to withdraw the motion and looked forward to the official consultation.

Council agreed to the withdrawal of the motion.

Councillor Bobbie Dove proposed the following recommendation which was seconded by Councillor Nicola Greene.

RESOLVED that Council thank Councillor Earl for bringing forward the motion and that the Portfolio Holder decision be endorsed.

Voting For – 62, Against – 0, Abstentions - 1

 

21.

Recommendations from Cabinet, the Leader and other Committees pdf icon PDF 249 KB

Please refer to the recommendations below.

Additional documents:

Minutes:

Item 7a – Cabinet 25 May 2022 – Minute No 7 – Harbourside Park – Strategic Infrastructure Improvements to the Sluice Channel Linking Poole Park and Poole Harbour

Councillor Anderson, Portfolio Holder for Environment and Place presented the report on the Harbourside Park and outlined the recommendations as set out on the agenda.

During debate Members whilst supporting the work discussed matters relating to the funding coming from CIL rather than the futures fund and stressed the importance of coordinating work with Wessex Water to ensure the drainage issues were addressed.

RESOLVED that Council approved the use of £1.239 million of Community Infrastructure Levy (CIL) to Environment to detail design, obtain consents, and construct the sluice channel replacement and sluice gate upgrade and other associated activities as required to deliver the project to completion.

Voting: Unanimous

Item 7b – Cabinet 25 May 2022 – Minute No 8 – Our Museum: Poole Museum Estate Redevelopment Programme

Councillor Dunlop, Portfolio Holder for Tourism, Culture and Vibrant Places presented the report on the Poole Museum Estate Redevelopment Programme and outlined the recommendations as set out on the agenda.

Members welcomed the scheme overall whilst some members expressed concern with regards to the additional expenditure.

RESOLVED that Council approved an increase in the capital budget of up to £1.41m for the Poole Museum Programme which is to be funded by: -

(a) Grant income of £0.23m from Historic England

(b) CIL funding of £0.5m

(c) Prudential Borrowing of £0.69m

Voting: 62:1 (1 abstention)

 

Councillor Rachel Maidment arrived at 8.07 pm

 

Item 7c – Cabinet 22 June 2022 – Minute No 15 – 2021/22 Outturn Report

The Leader of the Council presented the report on the 2021/22 Outturn report and outlined the recommendations as set out on the agenda.

Members highlighted areas of concern relating to the increased deficit and risk the council is under and in addition discussion took place on areas within the report including the pay and reward strategy which it was felt should have been resolved by now and the additional money going into adult social care.

RESOLVED that Council: -

(a)     approved that the final revenue surplus for the year of £6.8 million is added to financial resilience reserve with the extra £3.5m not assumed in the 2022/23 budget being used to mitigate the emerging inflationary cost of living pressures; and

(b)    approved the capital virement as set out in paragraph 97.

Note – resolution (c) was determined by Cabinet.

Voting: 60:0 4 abstentions

 

Item 7d – Cabinet 22 June 2022 – Minute No 16 – Medium Term Financial Plan (MTFP) Update

The Leader of the Council presented the Medium Term Financial Plan (MTFP) Update report and outlined the recommendations set out on the agenda.

Members were informed that there had been a long and detailed debate at Scrutiny. Further to this Councillor Hilliard advised that he welcomed the transparency and openness but requested that consideration be given to holding the budget café in September/ October with a further  ...  view the full minutes text for item 21.

22.

Appointment of Council Representative to Dorset Pension Fund Committee

The Council is asked, in accordance with the Constitution, to approve the following change in Council representation on the Dorset Pension Fund Committee which is consistent with the current political balance of the Council.

 

Councillor Toby Johnson to replace Councillor Bobbie Dove

 

 

Minutes:

Councillor John Beesley, Chairman of the Audit and Governance Committee requested that Council approve the change in Council representation on the Dorset Pension Fund Committee which is consistent with the current political balance of the Council.

RESOLVED that Councillor Toby Johnson replace Councillor Bobbie Dove as the BCP Council representative on the Dorset Pension Fund.

Voting: Nem. Con

 

23.

Notices of Motion in accordance with Procedure Rule 9

A – Barclays – Paris Agreement

The following motion submitted in accordance with Procedure Rule 9 of the Meeting Procedure Rules has been proposed by Councillor Felicity Rice and seconded by Councillor Chris Rigby:

BCP council has declared a climate and ecological emergency.  The towns of Bournemouth, Christchurch and Poole are at significant risk from sea level rise caused by global heating.  Financial institutes are able to influence future global heating through their policies which should align with the Paris Agreement.  We call on Barclays, as our banking provider and partner, to work with us to protect the inhabitants of Bournemouth, Christchurch and Poole by adopting climate policies that are acknowledged to be in keeping with the Paris Agreement.

 

B – Fair Trade

The following motion submitted in accordance with Procedure Rule 9 of the Meeting Procedure Rules has been proposed by Councillor Simon Bull and seconded by Councillor Jackie Edwards:

BCP Council supports the principles of Fair Trade and, as an important consumer, the promotion and purchase of Fair Trade goods as part of our commitment to sustainable development.

The Council resolves:

1.      To offer Fair Trade goods - for example products carrying the Fairtrade Mark wherever possible and available, when catering for Council meetings and functions.

2.      To implement Fair Trade through our procurement processes and those of our suppliers wherever possible.

3.      To appoint a named Council representative to support the work of the Bournemouth, Christchurch and Poole Fairtrade Steering Group and to make other staff and resources available as and when appropriate and available.

4.      To promote Fair Trade issues and practices among local business, commercial and other organisations.

5.      To support the Group’s communication plan.

6.      To share best practice with regard to Fair Trade and sustainable development with other public bodies, stakeholders and partners.

7.      To work with the Steering Group to ensure that BCP meets and exceeds the requirements necessary to maintain its status as a Fairtrade Zone.

Minutes:

A – Barclays – Paris Agreement

The following motion was submitted in accordance with Procedure Rule 12 of the Meeting Procedure Rules and was moved by Councillor Felicity Rice and seconded by Councillor Chris Rigby:

BCP council has declared a climate and ecological emergency. The towns of Bournemouth, Christchurch and Poole are at significant risk from sea level rise caused by global heating. Financial institutes are able to influence future global heating through their policies which should align with the Paris Agreement. We call on Barclays, as our banking provider and partner, to work with us to protect the inhabitants of Bournemouth, Christchurch and Poole by adopting climate policies that are acknowledged to be in keeping with the Paris Agreement.

In proposing the Motion Councillor Felicity Rice asked that words ‘with us’ be removed from the printed motion.

Council were requested to vote to approve the amendment to the motion.

RESOLVED that Council agree to the amended wording of the motion.

Voting: Nem. Con

 

Councillor Daniel Butt and Councillor Judy Butt left the meeting at 10.02 pm.

 

Councillor Rice spoke to the motion as amended following which Councillor Rigby spoke in support having seconded the motion.

Members spoke in support of the motion with the proposer expressing thanks to the Portfolio Holder for supporting the motion.

RESOLVED that Council supports the motion as amended.

Voting: Unanimous

The following motion was submitted in accordance with Procedure Rule 12 of the Meeting Procedure Rules was moved by Councillor Rice and seconded by Councillor Chris Rigby:

B – Fair Trade

The following motion was submitted in accordance with Procedure Rule 12 of the Meeting Procedure Rules and was moved by Councillor Chris Rigby and seconded by Councillor Jackie Edwards.

BCP Council supports the principles of Fair Trade and, as an important consumer, the promotion and purchase of Fair Trade goods as part of our commitment to sustainable development.

The Council resolves:

1.    To offer Fair Trade goods - for example products carrying the Fairtrade Mark wherever possible and available, when catering for Council meetings and functions.

2.    To implement Fair Trade through our procurement processes and those of our suppliers wherever possible.

3.    To appoint a named Council representative to support the work of the Bournemouth, Christchurch and Poole Fairtrade Steering Group and to make other staff and resources available as and when appropriate and available.

4.    To promote Fair Trade issues and practices among local business, commercial and other organisations.

5.    To support the Group’s communication plan.

6.    To share best practice with regard to Fair Trade and sustainable development with other public bodies, stakeholders and partners.

  1. To work with the Steering Group to ensure that BCP meets and exceeds the requirements necessary to maintain its status as a Fairtrade Zone.

RESOLVED that Council supports the motion.

Voting: Unanimous

 

Councillor Nigel Brooks left the meeting at 10.10 pm

 

24.

Questions from Councillors

The deadline for questions to be submitted to the Monitoring Officer is 4 July 2022.

 

Minutes:

Question from Councillor Lesley Dedman

‘Last week there was wholesale destruction of the habitat of Jesmond Wood in Highcliffe, a treasured area of green and established woodland which the residents value highly.

We have been told by the developer that this was to facilitate the pegging out for the plans he recently put into our BCP Planning Office for housing.

To pursue this aim, the developer has put in bulldozers and devastated the whole area. Trees, grasses and bushes have been removed, and this has devastated the wildlife which was previously there in abundance. Jesmond wood is now a pitiful sight, a wasteland where before there was life. Our residents are appalled. It is an environmental disaster.

Can you tell me what requests were made by BCP planning department before Mr Bulstrode caused the land to be cleared last week?’

Response by Councillor Bobbie Dove, Portfolio Holder for Community Safety and Regulatory Services

Thank you for the question. I was very disappointed to see the extent of clearance undertaken at Jesmond Wood. For the avoidance of doubt the BCP Planning department has never asked for, suggested, or endorsed, any clearance should take place at the site. The planning department requested only that some plots were pegged out to further assess impacts on protected trees. Pegging out is a common practice and appropriate to consider on sites such as Jesmond Wood where there are many protected trees that could be affected by development. There are many ways to ‘peg out’ a site which would not result in the extent of clearance seen at this site.  At no point as part of this request was there any suggestion that the planning department would support any clearance in order for the pegging out to happen.  

The prospective developer of the site therefore made the decision to undertake the clearance on their own volition. I am very disappointed that the developer has linked the request for pegging to the clearance that has since been carried out, as at no stage have the Planning department requested any clearance to take place.

Officers within the Council will be assisting the Police fully in their separate investigation into the matter. The planning department is also writing to Mr Bulstrode to remind him, as a responsible landowner, to ensure that this site is managed in a way that reflects its status as a sensitive location with high amenity value to local residents.

 

Question from Councillor Tony Trent

The original plan to separate the civic part of Poole Civic Centre from the rest of the building, the “vertical slice” work, which was to commence after Mayor Making and take around six months, was put on ice without consultation with interested parties. The “vertical slice” plan was to leave the two chambers (Council Chamber, Cattistock Room, the Mayor’s Parlour, secure storage, and a small function room, as well as rooms to support the Coroners function, in future use.

Could the Leader of the Council explain what has happened? and when  ...  view the full minutes text for item 24.

25.

Urgent Decisions taken by the Chief Executive in accordance with the Constitution

To consider any urgent decisions taken by the Chief Executive in accordance with the Constitution.

Minutes:

The Chairman advised that there were no urgent decisions to be reported.

 

Meeting ended at: 22:46