31 August 2010 - Agenda

                                                                                                  20 August 2010

 Dear Sir/Madam

A Meeting of the Babergh District Council will be held in the Council Chamber, Council Offices, Corks Lane, Hadleigh on TUESDAY 31 AUGUST 2010 AT 9.30A.M.

The proceedings will be opened with a short prayer for those Members who choose to participate.

Yours faithfully

Andrew Hunkin

Director of Corporate Services

ITEM

BUSINESS

                                                                       PART I

	1	MINUTES To confirm and sign the Minutes of the meeting held on 30 June 2010 as a correct record.
	2	DECLARATION OF INTERESTS Members to declare any interest as appropriate in respect of items to be considered at this meeting.
	3	APOLOGIES FOR ABSENCE To receive apologies for absence.
Paper K85	4	CHAIRMAN’S ANNOUNCEMENTS In addition to any announcements made at the meeting please see Paper K85 attached detailing events attended by the Chairman of the Council.
	5	TO RECEIVE NOTIFICATION OF PETITIONS IN ACCORDANCE WITH COUNCIL PROCEDURE RULE NO. 13 In accordance with Council Procedure Rule No. 13, the Chief Executive will report the receipt of any petitions.  There can be no debate or comment upon this matter at the Council meeting.
Paper K61	6	RECOMMENDATIONS AND REPORTS FROM COMMITTEES (a)       Babergh and Mid Suffolk Joint Member Integration and Merger Review Board – High Level Business Case (Strategy Committee Minute No.  34) Mr N Ridley, one of the Babergh representatives on the Review Board, introduced Paper K61 asking Members to consider the recommendation of the Board and make an appropriate recommendation to the Council meeting on 31 August 2010. The Chief Executive then gave an overview of the current position and both she and Mr Ridley responded to questions from Members.  Members noted the intention to hold a further workshop jointly with Mid Suffolk Councillors on a date to be arranged.  During the course of the debate reference was made to areas requiring further consideration including the following:- The need to make on-going savings regardless of the outcome of any integration/merger proposals The key role of the Political Groups in articulating the Council’s vision  All aspects of a merger, including potential barriers, must be identified and evaluated Differences and similarities in culture between the two Councils and their Districts How can we further assist our Parish Councils and Members in their locality/community roles Overall, Members concluded that the findings of the Board to date had established the case for undertaking further detailed work into the feasibility of the two linked scenarios of service integration and the creation of a single new Council.     RECOMMENDED TO COUNCIL That Scenario 1 (single Chief Executive and Management Team to support both Councils) as a stand alone option be discounted and further investigations be undertaken into the feasibility of both Scenario 2 (as Scenario 1, together with a single overall officer structure to support both Councils) and Scenario 3 (creation of a single new Council), together with the preparation of timetables for implementation, as recommended in paragraph 2.1 of Paper K61.
Paper K65(A)		(b)       The Babergh Development Framework, Core Strategy (Initial Consultation Document on District Growth) (Strategy Committee Minute No. 41) Note: Paper K65(A) (attached) is an updated version of the report (Paper K65) which was considered by the Strategy Committee at its meeting on 29 July 2010. Paper K65(A) takes account of the following: minor corrections identified by Strategy Committee the revised recommendations contained in Paper K65R, circulated at the meeting the inclusion of a brief Executive Summary (Appendix C to Paper K65(A)) and a revised simplified version of Appendix A (also attached), as requested by the Strategy Committee. The Head of Natural and Built Environment submitted a report (Paper K65) to the Strategy Committee meeting on 29 July, updating Members on the current situation at national level in respect of planning ahead for Babergh, and seeking approval for a full and widespread public consultation exercise to take place in September/October 2010.  Members also had before them Paper K65R (circulated prior to the commencement of the meeting) which contained revised recommendations together with the suggestion that the Committee might wish to make a recommendation to Council notwithstanding that this matter was within the Committee’s terms of reference to decide. Members were informed of the background to the current proposals for public consultation as a result of the Government’s recent announcement providing greater clarity on its intentions and expectations of local authorities which are now considered sufficient to allow the Council to move forward. Members were aware of the interest expressed by other Councillors in the proposals and agreed that it would be appropriate in this case to refer the matter to Council for a final decision. Members also accepted that the revised recommendations circulated in Paper K65R would make the proposals easier to understand in the public consultation whilst retaining the detail which stakeholders and others might require when considering their responses. The Strategy Committee accepted the revised recommendations as set out in paragraphs 2.1, 2.2, and 2.3 of Paper K65(A).  Re-drafting to reflect the Strategy Committee’s deliberations has now taken place, as contained in Paper K65(A) and Appendices A, B and C to that report. RECOMMENDED TO COUNCIL. (1)     That the overall content of the initial stage Core Strategy Growth Consultation document at Appendix A to Paper K65(A) be approved as the basis for public consultation.  Further, that the consultation documents be in the form of a brief Executive Summary (Appendix C to Paper K65(A)), with clear concise consultation questions, supported by the ‘Issues, Local Context and Scenarios for Consideration’ Document (Appendix A to Paper K65(A)) to be issued as a technical appendix to the Executive Summary. (2)     That the Head of Natural and Built Environment be authorised to make any further revisions to the Core Strategy Consultation documents prior to consultation, subject to such revisions not altering the substance or intent of the document. (3)     That the public consultation proposals in paragraphs 6.3 and 6.19 of Paper K65(A) be noted.
Paper K76 together with Appendix A(Revised)		(c)       The Council’s Annual Report 2009/10 (Overview and Scrutiny (Stewardship) Committee 10 August 2010) Paper K76 (covering report to Appendix A – draft Annual Report) is attached, together with an amended version of the draft Report – Appendix A (Revised), which addresses the points raised by the Overview and Scrutiny (Stewardship) Committee. The Director of Corporate Services and the Director of Finance submitted a joint report (Paper K76) asking the Committee to recommend to Council the adoption of the draft Annual Report attached as Appendix A to Paper K76. During the course of the discussion Members identified various minor amendments and clarifications to the wording and format of the draft Report.  It was agreed that a revised version to reflect the points raised would be available at the Council meeting on 31 August when the Committee’s recommendation would be considered.   Members are therefore asked to adopt the amended version of the draft Annual Report which was circulated with the Council agenda as Appendix A (Revised) to Paper K76. RECOMMENDED TO COUNCIL That the draft Annual Report attached as Appendix A (Revised) to Paper K76 be adopted subject to the Director of Corporate Services being authorised to make any necessary final amendments to the draft prior to its publication.
Paper K86	7	RECOMMENDATIONS AND REPORTS FROM TASK GROUPS / PANELS Move To Executive Model of Governance (Constitution Review Task Group) Report of the Constitution Review Task Group attached.
	8	NOTICE OF NOTICE Mr A C Bavington has given Notice of his intention to move the under-mentioned Motion at the meeting:- That: 1. during the hot summer months, black bin household waste be collected weekly, and 2. Babergh plan to introduce weekly collection of food waste (separate from other residual waste) for compost. Subject to the Motion being seconded at the meeting, the Council’s normal procedure would be to refer the matter to the Overview and Scrutiny (Community Services) Committee for initial consideration and to make recommendations.
	9	QUESTIONS FROM THE PUBLIC The Chairman of Committees to answer any questions from the public of which notice has been given no later than midday two working days before the day of the meeting in accordance with Council Procedure Rule No. 14. The following question from the Cornard Tye Residents Association to the Chairman of the Development Committee will be asked at the meeting.  Re Development East of Carsons Drive [Great Cornard] The matter identified by officers as the most valid planning issue in relation to this site’s development (in report E314) is that of highways.  They particularly comment that, the use of the C732 as a through route (by either existing or new residents) should be curtailed.  Officers also agree that the potential for any significant traffic generation that could adversely affect the C732 needs to be addressed.  The Local Plan states that planning permission will not be granted until these matters are resolved.  Given that no proposals in the published planning application addresses these highway issues:- What progress has been made towards agreeing such proposals?
	10	QUESTIONS FROM MEMBERS The Chairman of the Council and the Chairmen of Committees and Sub-Committees to answer any questions on any matters in relation to which the Council has powers or duties or which affect the District and which fall within the terms of reference of that Committee or Sub-Committee of which due notice has been given in accordance with Council Procedure Rule No. 15.4 (a) and (b).
Paper K87	11	POLITICAL BALANCE AND COMPOSITION AND APPOINTMENT OF SUBSTITUTES The Director of Corporate Services to report that in accordance with the provisions of the Local Government and Housing Act 1989, the Council at its meeting on 20 April 2010 agreed to the sizes and numerical allocation of seats to the various groups and ungrouped Member and to the Composition of Committees.  The appointment of substitutes to serve on the various Committees was also agreed.  Following the resignation of Mrs C A Todd (Conservative) as a Member for Great Cornard North, a by-election was held and Mr A C Bavington (Labour) was elected.  The number of seats allocated to each group on the Council has therefore been recalculated, on the basis that Mr Bavington has not indicated any intention to join any of the existing groups or to group with the ungrouped Member.  Paper K87 attached also takes into account the agreement of the Political Group Leaders that Mr Bavington should be appointed to the seat on Overview and Scrutiny (Community Services) Committee vacated by Mrs Todd. The Conservative group has also indicated its wish to appoint Mrs J Antill as its substitute for Mr R Smith on the Development Committee.    It is RECOMMENDED (1)  That the Committees’ size and numerical allocation of seats be approved as detailed in Paper K87.  (2)  That the ungrouped Member, Mr A C Bavington, be appointed to the vacant seat on the Overview and Scrutiny (Community Services) Committee. (3)  That, with the exception of (2) above the allocation of Committee seats remains as approved by the Annual Council Meeting on 20 April 2010. (4)  That the substitute for Mr R C Smith on the Development Committee be Mrs J Antill.
	12	APPOINTMENT OF REPLACEMENT MEMBERS TO SERVE ON PANELS/ TASK GROUPS The Conservative group wishes to appoint replacement Members for Mr H N Todd on the Human Resources Panel and the Procurement Task Group.    It is RECOMMENDED  (1)  That Mr B Riley be appointed to serve on the Human Resources Panel in place of Mr H N Todd. (2)  That Mr R C Smith be appointed to serve on the Procurement Task Group in place of Mr H N Todd.
For further information on any of the Part 1 items listed above, please contact Steve Ellwood on 01473 825876 or via email at committee.services@babergh.gov.uk