Agenda and minutes

Apologies for absence were received on behalf of Councillor Brenda Quinney.

To invite Councillors to declare any Disclosable Pecuniary Interests or Other Disclosable Interests they may have in items on the agenda, and to confirm the nature of those interests.

There were no declarations of interest.

To confirm as a correct record the minutes of the meeting of the Council held on 9^th December 2013.

(Minutes circulated in Minute Book 6 - 2013/14)

RESOLVED that

the minutes of the meeting of the Council held on 9^th December 2013 be approved as a correct record and signed by the Mayor.

(a)          The Mayor’s communications and announcements were as follows:

i)          Craig Prentice-Underwood

The Mayor informed the Council of the very sad death before Christmas of Craig Prentice-Underwood. Members were reminded that Craig’s parents, Robert and Margaret, had founded and been tireless campaigners for the Redditch Heart Safe Charity following the death of their daughter, Charlotte, three years previously. A letter of condolence had been sent to the family in response to this tragic loss.

ii)         Special Council – 10^th March 2013

The Mayor formally advised the Council of the intention to call a special meeting of the Council on Monday 10^th March 2014 at which consideration would be given to the conferring of the Freedom of the Borough upon 37 Signal Regiment which was based in the town.

iii)        Mayoral Functions

The Mayor advised that since the last meeting of the Council she and the Deputy Mayor had attended a number of engagements including a visit to the Alexandra Hospital on Christmas Day, a skittles evening with Redditch One World Link, the opening of a new Specsavers store, a Wassail event at Headless Cross Orchard, a Special Olympics event in Bromsgrove, a Black Country Night, also in Bromsgrove, the Holocaust Memorial Day Event in the Town Centre and a Redditch Special Olympics Awards Ceremony the previous weekend.

iv)        Forthcoming Events

The Mayor advised that forthcoming events included a Charity Ball in Kidderminster, a Race Night in Evesham, an Inner Wheel Club Lunch at the Golf Club, a Mayoral Quiz at Stourport-on-Severn, the Fly a Flag for the Commonwealth Event at the Town Hall, a performance of The Merry Widow at the Palace Theatre and a sponsored climb of Ben Nevis by herself and Councillor Joe Baker.

(b)       The Leader’s Announcements were as follows:

i)          Special Olympics Awards Ceremony

The Leader advised that he had attended a very enjoyable Special Olympics Awards evening the previous weekend at the Town Hall.

ii)         Holocaust Memorial Event

On the preceding Saturday the Leader had attended the Holocaust Memorial Event and reported that it had been a very moving event, a highlight of which had been an address by Eva Clarke, the third Holocaust survivor to have addressed the Redditch event over the years.

iii)        Meadow Hill Road House Fire

The Leader advised the Council of his wish to recognise Mr Naheem Akhtar for his heroism in helping his neighbours to escape from a recent house fire on Meadow Hill Road.

iv)        Save the Alex Campaign

The Leader advised the Council that the Save the Alex campaign had achieved a tremendous success in helping to retain Accident and Emergency Services at the Alexandra Hospital, although this was tempered by the uncertain future for a number of other key services, such as a consultant-led Maternity Service. The Leader placed on record his gratitude to the Chief Executive, Kevin Dicks, and his Personal Assistant, Susan Tasker, for their work in helping to coordinate efforts to protect hospital services and also to the  ...  view the full minutes text for item 76.

No questions had been submitted.

No Motions had been submitted.

To receive the minutes and consider the recommendations and/or referrals from the following meetings of the Executive Committee:

10^th December 2013

Quarterly Budget Monitoring – 2^nd Quarter 2013/14

(Report and Decision attached)

14^th January 2014

Council Tax Base 2014/15

Local Council Tax Support Scheme 2014/15

Public Service Network Compliance at RBC

Polling Districts and Polling Places – Review 2013/14

(Reports attached – decisions to follow with Minutes)

(Minutes of the meeting on 10^th December and 14^th January attached)

The Council considered the minutes of the meetings of the Executive Committee held on 10^th December 2013 and 14^th January 2014.

RESOLVED that

1)        the minutes of the meeting of the Executive Committee held on 10^th December 2013 be received and all recommendations adopted subject to, in relation to Minute 96 (Options for Threadneedle House) it being noted that Officers were to provide Councillor Michael Braley with clarification as to whether the Post Office would remain on site as a continuing tenant of either a new owner or the Council in the event of a sale of the site; and

2)        the minutes of the meeting of the Executive Committee held on 14^th January 2014 be received and all recommendations adopted subject to,

i)          in relation to Minute 113 (Local Council Tax Support Scheme 2014/15), it being further RESOLVED that

the seventh bullet point in the main features of the Council Tax Hardship Fund as listed in Paragraph 1 (Background) of the Policy be clarified to provide that new applicants for funding can apply and be considered on a case by case basis as and when they become eligible for Council Tax Support; and

ii)         in relation to Minute 115 (Polling Districts and Polling Places – 2013/14 Review), it being further RESOLVED that

the new Polling District (BYD) referred to at Recommendation 1 b) be named Brockhill East.

To formally receive the minutes of the following meetings of the Council’s Regulatory Committees:

Planning Committee -                     20^th November 2013

                                                            18^th December 2013

(Minutes circulated in Minute Book 6 – 2013/14)

Members received the minutes of a number of recent meetings of the Council’s Regulatory Committees.

RESOLVED that

the minutes of the meetings of the Planning Committee held on 20^th November and 18^th December 2013 be received and adopted.

To note the following decision taken in accordance with the Council’s Urgency Procedures since the last ordinary meeting of the Council:

Agreement to not Defend Elements of the Reasons for Refusing a Planning Application at a Planning Appeal in order to Mitigate the Reputational and Financial Risk to the Council

(Chief Executive / Deputy Section 151 Officer)

Consideration was given to a proposal that the Council not defend the ‘local’ elements of the refusal reason for an application for outline planning permission which had been refused contrary to Officer recommendation and was the subject of an appeal at a Public Inquiry. Counsel had recommended that the Council not defend these two local elements in view of the evidence to support the Planning Authority’s decision and the potential for a substantial costs award against the Council. A decision was needed urgently as costs were accruing on a daily basis and an early decision would lessen the financial liability on the Council.

RESOLVED that

the Council not defend the element of the refusal reason relating to additional traffic on the local road network and the lack of suitable infrastructure to support the development.

(Council Decision)

(Briefing Note attached)

The Council considered a decision that had been taken under its urgency procedures in respect of a decision to not Defend Elements of the Reasons for Refusing a Planning Application at a Planning Appeal in order to Mitigate the Reputational and Financial Risk to the Council.

There was considerable discussion around the determination of the original application at the Planning Committee and the subsequent decision to not defend the decision at appeal. It was suggested that the agreement to not defend the decision, albeit on the advice of Counsel, would render the Borough vulnerable to further appeals from large developers in the expectation that future appeals might not be defended when applications were refused against the recommendations of Officers. This was considered pertinent in view of a number of potential applications expected in and around the Borough in coming years. There was also consideration given to whether the refusal was indefensible as Counsel had suggested and to what extent efforts could have been made to obtain evidence to support the Council’s position. Officers made it clear that the decision in this case was an isolated example which had been taken in the unusual circumstance of the Council being informed that the case was considered indefensible and that very substantial costs might be awarded against the authority.

It was generally agreed that members of the Planning Committee should be offered as much training as could reasonably be provided but Planning Committee members were also reminded that they had every opportunity to ascertain from Officers the recommended reasons for refusal or approval of any application prior to a decision being reached at such meetings.

RESOLVED that

the decision be noted.

(The Council adjourned at 8.26pm for a comfort break. The Council reconvened at 8.30pm)

To consider any additional items exceptionally agreed by the Mayor as Urgent Business in accordance with the powers vested in her by virtue of Section 100(B)(4)(b) of the Local Government Act 1972.

(This power should be exercised only in cases where there are genuinely special circumstances which require consideration of an item which has not previously been published on the Order of Business for the meeting.)

There were no separate items of urgent business to consider at this meeting.