Agenda and minutes

County Council - Wednesday, 30 September 2020 2.00 pm

Venue: Microsoft Teams

Contact: Mo Seedat - Tel: 0116 305 2583  Email: mo.seedat@leics.gov.uk

Note: Please note: This meeting will not be open to the public in line with Government advice on public gatherings. The meeting will be webcast live via YouTube:https://www.youtube.com/channel/UCWFpwBLs6MnUzG0WjejrQtQ 

Items
No. Item

10.

Chairman's Announcements. pdf icon PDF 468 KB

Minutes:

Col James Matheson Knight Weir OBE; TD; DL and Mr Ray Mason.

 

It was with sadness that the Chairman reported the deaths of former County Councillors, Col ‘Jim’ Weir on 11th September 2020 and Mr Ray Mason on 21 September 2020.

 

Col Weir served on the County Council between 1985 and 1993 and represented the Oakham Electoral Division. He served on the Policy and Resources Committee, the Police Committee and the Public Protection Committee.

 

He was also appointed a Deputy Lieutenant of Leicestershire in 1984, and transferred to the Rutland Lieutenancy in 1997, following the reorganisation of local government, where he served as their Vice Lord-Lieutenant until his retirement in 2006.

 

Mr R Mason was elected to the County Council in 1989 and served until 2005 representing the Sileby Electoral Division.

 

He served on the County Council Cabinet until 2002 and then served on various bodies including the Education Scrutiny Committee, the Development Control and Regulatory Board and the Combined Fire Authority.

 

The Chairman invited the Council to stand in silent tribute to the memory of Col Jim Weir and Mr Ray Mason.

 

County Service

 

The Chairman advised Members that it would not be possible to hold her planned County Service at Leicester Cathedral on Sunday 4th October.  She was, however, pleased to report that, together with colleagues at the Cathedral, the service had been pre-recorded, which would be available to view on the Cathedral’s website on the 4th, at 3.00 p.m.  In due course details would be circulated on how to access the service.

 

11.

Minutes. pdf icon PDF 337 KB

Additional documents:

Minutes:

It was moved by the Chairman, seconded by the Vice-Chairman and carried:

 

“That the minutes of the meeting of the Council held on 8th July 2020, copies of which have been circulated to members, be taken as read, confirmed and signed.”

 

12.

Declarations of Interest.

Minutes:

The Chairman invited members who wished to do so to make declarations of interest in respect of items on the agenda for this meeting.

 

All members who were members of District and Borough Councils declared a personal interest on the item in the Leader’s Position Statement on Devolution (Agenda Item 5).

 

Dr Eynon and Mr Miah declared a personal interest in the Position Statement by the Lead Member for Communities as they were associated with community groups that had been successful in obtaining grants for the Community Fund (Agenda Item 5).

 

Mr Phillimore declared a personal interest in those elements in the report of the Cabinet concerning the Medium Term Financial Strategy which relate to SEN as his partner worked at a SEN school in the County (Agenda Item 6 (a)).

 

Dr Hill declared a personal interest leading to bias regarding the appointment of Independent Persons as she was a close personal friend of two of the persons recommended for appointment (Agenda Item 7 (a)).

 

Mr Orson declared a personal interest in the Notice of Motion on Sky Lanterns and Helium Balloons as a member of National Farmers Union (Agenda Item 8)

 

Mr Rushton; Mr Coxon; Mr Liquorish; Mr Harrison; Mrs Maggie Wright; Mr Bentley; Mr Parton; Mrs Newton; Mr Kaufman; Mr Mullaney and Mr Boulter declared a personal interest in the Notice of Motion on Sky Lanterns and Helium Balloons as members of the Combined Fire Authority (Agenda Item 8).

 

13.

Questions asked under Standing Order 7(1)(2) and (5).

Minutes:

(A)   Mr Hunt asked the following question of the Leader or his nominee:

 

“1.    Would the Leader agree with me that we need to be robust when minimising risk to the authority in financing Major Road Projects?

 

2.     On 25th June 2019 the Cabinet received a report for the delivery of a comprehensive £25million Major Road scheme at M1 J23 and the A512, as identified in the Highways Capital Programme, involving negotiations to obtain the necessary legal agreements and secure third party contributions but stating that the third party funding, quoted as a net £8million, required further authorisation before letting the contract for the work, and furthermore that work would be suspended if agreement was not reached by 30th June 2019.

 

On the 4th July 2019 I was informed that “we have reached agreement in principle with the relevant parties”, and that we were “confident that the necessary agreements will be signed in the short term.”

 

Would the Leader confirm the third party developers who are contributing to the project (locally understood to be the developers of the West of Loughborough SUE, the former Wilson Bowden Science Enterprise Park and various Shepshed housing developers)?

 

3.     Would the Leader confirm the contributions secured from each third party according to their S106 or Planning Conditions?

 

4.     On June 30th, 2020 the LLEP received a grant of £20million from the Government’s new Getting Building Fund of which £1.8million was allocated to the M1/A512 Major Road Scheme.  When was this proposal submitted to the LLEP? 

 

5.     Why was this further contribution from the public purse necessary when agreement on funding this major road project was apparently reached in July last year?”

 

Mr Pendleton replied as follows:

 

“1.      Yes, and robust risk assessment is part of all projects from inception through to construction with expert input from finance and legal officers being sought throughout a project’s life.

 

2.        Through S278 Highways Act agreements Leicestershire County Council secured contributions from the landowners and developers of the West of Loughborough SUE and the science and enterprise park.  The agreements plus related Deferred Payments Agreements (DPA) were entered into by the County Council to ensure that future landowners/developers of the SUE and science and enterprise park would be liable for the contribution in the event of onward transfer of the affected land.

 

At the time of the agreements being concluded the parties were:

 

S278 North:

1)        Leicestershire County Council

2)        Trustees of The De Lisle Family Fund (First Owner)

3)       Grace Dieu Corporate Trustee One Limited and Grace Dieu Corporate Trustee Two Limited (Second Owner)

4)        Persimmon Homes Limited (Developer)

5)        William Davis Limited (Option Holder)

 

DPA North:

1)        Leicestershire County Council

2)        Persimmon Homes Limited

3)        William Davis Limited

4)        The Squire Amaury Arnaud March Phillipps De Lisle, Peter Andrew March Phillipps De Lisle, Simon Jonathan Henry Still and Roythornes Trustees Limited

5)        Grace Dieu Corporate Trustee One Limited and Grace Dieu Corporate Trustee Two Limited

 

S278 South:

1)        Leicestershire County Council 

2)        Wilson Bowden Developments Limited

3)        Grace Dieu Corporate Trustee One Limited and Grace Dieu Corporate Trustee Two Limited

 

DPA South:

1)        Leicestershire County Council

2)        Wilson Bowden Developments Limited

3)        Grace Dieu Corporate Trustee One Limited and Grace Dieu Corporate Trustee Two Limited

 

           All other required contributions from relevant Shepshed developments have been secured through s.106 agreements and these are publicly available.

 

3.        A list of s.106 contributions secured to date is available attached.

 

Planning conditions by Charnwood Borough Council as set out in Planning Permission references P/14/1833/2 Land at West of Loughborough, Loughborough Leicestershire and P/19/0524/2 Land West of  ...  view the full minutes text for item 13.

14.

Position statements under Standing Order 8. pdf icon PDF 184 KB

Additional documents:

Minutes:

The Leader gave a position statement on Devolution and the Independent Inquiry into Child Sexual Abuse (IICSA)

 

The Lead Member for Health gave a position statement on Covid-19.

 

The Lead Member for Equalities, Community Engagement and Rural Partnerships gave a position statement on the work which the Council has carried out to support Leicestershire Communities over the past financial year, the Leicestershire Rural Partnership (LRP) and the Green Plaque Awards.

 

Copies of the position statements are filed with these minutes.

 

15.

Reports of the Cabinet. pdf icon PDF 218 KB

Additional documents:

Minutes:

(A)      Medium Term Financial Strategy – Latest Position

 

It was moved by Mr Rhodes and seconded by Mr Shepherd:

 

“a)      That the latest position of the 2020/21 revenue budget and capital programme as at the end of July 2020 and the effect of Covid-19 be noted;

 

b)       That the approach to updating the MTFS including actions being taken to mitigate the overspend, be noted.”

 

The motion was put and carried, 31 members voting for the motion, 11 against and there were 6 abstentions.

 

16.

Report of the Constitution Committee. pdf icon PDF 280 KB

Additional documents:

Minutes:

(A)      Appointment of Independent Persons

 

It was moved by Mr Rhodes, seconded by Mrs M Wright, and carried:

 

“a)      That Mr R Gough, Mr G Grimes, Ms T Herring, Mrs H Kotecha, Prof. S Sharma and Ms P Roberts, be appointed to serve as Independent Persons for a term of four years ending on 30 September 2024;

 

b)       That this Council’s appreciation be conveyed to the outgoing Independent Persons in supporting the Authority to uphold standards with elected members and senior chief officers.”

 

17.

Notices of Motion.

Minutes:

(A)      Sky Lanterns and Helium Balloons – Mr J Orson JP CC

 

Mr Orson, with the consent of the seconder of the motion, sought the consent of the Council to move the following altered motion:

 

It was moved by Mr Orson, seconded by Mrs Richardson, and carried:

 

“Sky Lanterns, also referred to as Chinese lanterns, are essentially small hot air balloons made of paper with an opening at the bottom where a small fire is suspended. The lanterns can be released into the air once lit until they burn out. A Defra report concluded that the main concern regarding sky lanterns was in relation to causing fire, as there have been several significant fires nationally which have been attributed to their use. In respect of helium balloons the report also raised concerns in relation to the ingestion of such balloons by animals.

 

The Fire Service, Royal Society for the Prevention of Cruelty to Animals (RSPCA) and many other organisations including the Marine Conservation Society, Women’s Food and Farming Union (WFU), Soil Association and National Farmers Union (NFU) all support a ban on sky lanterns and helium balloons.

 

This motion therefore calls on the Council:-

 

a)     Refuse permissions for the release of any sky lanterns and helium balloons from any Council owned land regardless of the purpose for the release;

 

b)     Refuse the sale of any sky lanterns and helium balloons at any Council event or property;

 

c)     Require officers to introduce a condition of contract relating to outdoor events and organised functions on land or property owned and/or controlled by the County Council to prohibit the release of any sky lantern or helium balloons regardless of purpose.

 

d)     To provide information on its website and write to the Association of Parish Councils drawing attention to the harmful effects of sky lanterns and helium balloons on the environment and animals;

 

e)     To write to the Secretary of State (DEFRA) requesting legislation to control the manufacture and sale of sky lanterns and helium balloons.”