Part I
137
Apologies for absence.
Apologies for absence were received from Councillors Adam Jones, Morgan, Stafford, Robertson and Ward.
138
Declarations of Interest
Councillor Assenheim Development Control Committee held 7th May 2014 Minute 1018(h) - 14/00189/FUL - Non-pecuniary interest - knows the family; Cabinet held on 1st July 2014 Minute 67 - Review of HRA Land - Non-pecuniary interest - Council appointed Member to South Essex Homes Board; Development Control held 9th July 2014 Minute 88(h) - 14/00939/FUL & Minute 88(i) - 14/00781/ADV - Non-pecuniary interest - applicant is known to him as a fellow Councillor; Place Scrutiny Committee held 14th July 2014 Interest in the referred minutes; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011; Policy & Resources Scrutiny Committee held 15th July 2014 Minute 130 (Review of HRA Land) - Non-pecuniary interest - Council appointed Member to South Essex Homes Board; Councillor Aylen Development Control Committee held 9th July 2014 Minute 88(q) - 14/00793/FULH - Non-pecuniary interest - lives in close proximity of the application; Councillor Betson Development Control Committee held 11th June 2014 Minute 27(t) - 14/00736/TCA - Non-pecuniary interest - Son owns property in Alexandra Road opposite the application site Audit Committee held 25th June 2014 Minute 45 (Summary Audit Report) - Non-pecuniary interest - Employee of HMRC Minute 47 (Head of Internal Audit Annual Report 2013/14) - husband is a director of a property letting company; Minute 48 (South Essex Homes - Head of Internal Audit Annual Report and Annual Governance Statement 2013/14 - Non-pecuniary interest - Council appointed member of South Essex Homes Board. Policy & Resources Scrutiny Committee held 16th July 2014 Minute 123 (MPR); - non-pecuniary interest - husband is private landlord; Minute 130 (Review of HRA Land) - non-pecuniary interest - Board member South Essex Homes; Councillor Borton People Scrutiny Committee held 15th July 2014 Minute 116 (Use of Pupil Premium funding) - non-pecuniary interest - Governor at Milton Hall School; Policy & Resources Scrutiny Committee held 16th July 2014 Minute 124 (Welfare Changes) - non-pecuniary interest- employed by JobCentre Plus & DWP are mentioned in report; Councillor Burling Place Scrutiny Committee held 14th July 2014 Minute 101 (Update on the delivery of London Southend Airport Joint Area Action Plan) (JAAP) - non-pecuniary - commercial helicopter pilot; Councillor Byford Development Control Committee held 11th June 2014 Minute 27(r) - 14/00436/FUL - Non-pecuniary interest - Son went to school with occupants of neighbouring property 20 years ago Councillor Callaghan Development Control Committee held 11th June 2014 Minute 27(v) - 14/00391/FUL - Pecuniary interest (withdrew) Development Control held 9th July 2014 Minute 88(l) - 14/00457/FUL - Non-pecuniary interest - Owner of a property adjacent to the site is known to him as a fellow Councillor; Councillor Chalk Development Control Committee held 7th May 2014 Minute 1018(d) - 14/00312/FULM - Non-pecuniary interest - Lives in the vicinity of the application site; People Scrutiny Committee held 15th July 2014 Minute 116 (Use of Pupil Premium Funding) - non-pecuniary interest- Governor at Friars Primary School and Bournes Green Infant School; Councillor Crystall Development Control Committee held 7th May 2014 Minute 1018(c) - 14/00452/FULM - Disclosable Non-pecuniary interest (withdrew) Development Control Committee held 11th June 2014 Minute 27(g) - 14/00486/RESM - Non-pecuniary interest - Application discussed by Leigh Society People Scrutiny Committee held 15th July 2014 Minute 112 (Committee Update - update from CCG) - non-pecuniary interest - Council appointed Governor of Southend University NHS Foundation Trust at the Hospital; Councillor Davies People Scrutiny Committee held 15th July 2014 Minute 116 (Use of Pupil Premium funding) - non-pecuniary interest- worked for some of the schools mentioned in report in last 5 years; Councillor Evans Development Control Committee held 9th July 2014 Minute 88(l) - 14/00457/FUL - Non-pecuniary interest - Owner of a property adjacent to the site is known to her as a fellow Councillor; Councillor Flewitt Licensing Sub Committee B held 7th May 2014 Minute 1001 (Eastwood Academy Trust - Application for the Grant of Premises Licence) - non-pecuniary interest - represented resident views to the Agent; Cabinet held on 1st July 2014 Minute 61 (In Depth Scrutiny Report - Southend Primary Schools' Falling Grammer School Entry Figures) - Non-pecuniary interest - consulted with former Chair Councillor Kaye Minute 62(c) (Draft Corporate Plan and Annual Report 2014, incorporating priorities of the Joint Administration - Library Service) - Non-pecuniary interest - Active lobby for Kent Elms Library and continuation of its joint hub status Minute 66 (Annual Report - Regulation of Investigatory Powers Act 2000 (RIPA)) - Non-pecuniary interest - Sit as a Magistrate East London Bench; Minute 67 (Review of HRA Land) - Non-pecuniary interest - Lobbied against a named site, Bishop House, Western Approaches; Minute 69 (Community Infrastructure Levy) - Non-pecuniary interest - Member of the LDF Working Party; Minute 71 (Highways and Transport Capital Programme) - Non-pecuniary interest - Some roads mentioned have lobbied for improvement to those impacting St Laurence Ward. Place Scrutiny Committee held 14th July 2014 Minute 92 (Question from member of public) - non-pecuniary - questioner known to him; Minute 97 (Community Infrastructure Levy) - non-pecuniary - co-founder Friends of Kent Elms Library'; Councillor Folkard Development Control Committee held 9th July 2014 Minute 88(l) - 14/00457/FUL - Non-pecuniary interest - Owner of a property adjacent to the site is known to him as a fellow Councillor; Councillor D Garston Development Control Committee held 7th May 2014 Minute 1018(a) - 14/00215/FULM - Pecuniary Interest (withdrew) Councillor J Garston Policy & Resources Scrutiny Committee held 16th July 2014 Minute 123 (MPR) - non-pecuniary interest-private landlord in Borough; Councillor Gilbert Policy & Resources Scrutiny Committee held 16th July 2014 Interest in the referred items; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011; Councillor Habermel Policy & Resources Scrutiny Committee held 16th July 2014 Minute 123 (MPR) - non-pecuniary interest-private landlord in Borough; Councillor Holland Cabinet held 1st July 2014 Minute 67 (Review of HRA Land) - Pecuniary Interest (withdrew) Policy & Resources Scrutiny Committee held 16th July 2014 Minute 130 (Review of HRA Land) - Pecuniary Interest (withdrew) Councillor Adam Jones Place Scrutiny Committee held 14th July 2014 Minute 96 (Draft Corporate Plan & Annual Report) - non-pecuniary - Stockvale Group mentioned in report; Minute 97 (Community Infrastructure Levy) - non-pecuniary - founder member of Friends of Kent Elms Library'; Minute 101 (Update on the delivery of London Southend Airport Joint Area Action Plan) (JAAP) - pecuniary interest - withdrew; Minute 102 (In depth scrutiny project) - Non-pecuniary interest - one suggestion mentioned LSA and promoting Southend - BRERA represents LSA and VisitEssex; mention of seafront tourist industry - BRERA represents Stockvale Group; Councillor Anne Jones Development Control Committee held 11th June 2014 Minute 27(f) - 14/00461/BC4M - Disclosable Non-pecuniary interest as Executive Councillor (withdrew) Minute 27(h) - 14/00495/BC3M - Disclosable Non-pecuniary interest as Executive Councillor (withdrew) Minute 27(p) - 14/00375/FUL - Non-pecuniary interest - associated with the school; Development Control Committee held 9th July 2014 Minute 88(f) - 14/00713/BC3M - Disclosable non-pecuniary interest as Executive Councillor (withdrew) Minute 88(h) - 14/00939/FUL and Minute 88(i) - 14/00781/ADV - Non-pecuniary interest - applicant is known to her as a fellow Councillor People Scrutiny Committee held 15th July 2014 Interest in the referred items; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011; Minute 116 (Use of Pupil Premium funding) and Minute 117 (Schools Progress; Earls Hall School - non-pecuniary interest - parent of 2 children at school in Borough; Councillor Longley The Cabinet held 1st July 2014 Minute 64 (Provisional Capital Outturn Report 2013/14) - non-pecuniary interest - Vice-Chair of Board of Governors, Southend Adult Community College Place Scrutiny Committee held 14th July 2014 Interest in the referred minutes; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011; People Scrutiny Committee held 15th July 2014 Interest in the referred minutes; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011; Policy & Resources Scrutiny Committee held 16th July 2014 Interest in the referred items; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011; Councillor McMahon Audit Committee held 25th June 2014 Minute 48 (South Essex Homes: Head of Internal Audit Annual Report and Annual Governance Statement 2013/14 - Non-pecuniary interest - Council appointed member of South Essex Homes Board. Cabinet held 1st July 2014 Minute 67 (Review of HRA Land) - Non-pecuniary interest - Council appointed member of South Essex Homes Board; Place Scrutiny Committee held 14th July 2014 Minute 97 (Community Infrastructure Levy) - non-pecuniary interest - likely to be an allotment holder; Policy and Resources Scrutiny Committee held 15th July 2014 Minute 130 (Review of HRA Land) - Non-pecuniary interest - Council appointed member of South Essex Homes Board; Councillor Mulroney Development Control Committee held 7th May 2014 Minute 1018(c) - 14/00452/FULM - Non-pecuniary interest - Application considered by Leigh Town Council and Leigh Society as consultees and Yacht Club members are known to her; Minute 1018(i) - 14/00247/ADMT - Non-pecuniary interest - Application considered by Leigh Town Council as consultee; Minute 1018(k) - 14/00396/FUL - Non-pecuinary interest - The Applicant is known to her as a fellow Councillor; Development Control Committee held 11th June 2014 Minute 27(a) - 14/00301/FULH - Non-pecuniary interest - Application considered by Leigh Town Council and Leigh Society as consultees; Minute 27(g) - 14/00486/RESM - Non-pecuniary interest - Application considered by Leigh Town Council and Leigh Society as consultees; Minute 27(o) - 14/00344/FUL - Non-pecuniary interest - Application considered by Leigh Town Council as consultee; Minute 27(t) - 14/00597/FULH - Non-pecuniary interest - Application considered by Leigh Town Council as consultee; Cabinet held 1st July 2014 Minute 69 - Community Infrastructure Levy (CIL) - Non-pecuniary interest - Member of Leigh Town Council; Development Control Committee held 9th July 2014 Minute 88(e) - 14/00473/AMDT - Non-pecuniary interest - Application considered by Leigh Town Council and Leigh Society as consultees; Minute 88(h) - 14/00939/FUL - Non-pecuniary interest - The applicant is known to her as a fellow Councillor; Minute 88(i) - 14/00781/ADV - Non-pecuniary interest - The applicant is known to her as a fellow Councillor; Minute 88(j) - 14/00834/FULH - Non-pecuniary interest - Application considered by Leigh Town Council as consultee; Minute 88(p) - 14/00545/FULH - Non-pecuniary interest - Application considered by Leigh Town Council as consultee; Place Scrutiny Committee held 14th July 2014 Minute 97 (Community Infrastructure Levy) and Minute 96 (Draft Corporate Plan & Annual Report) - non-pecuniary interest - member of Leigh Town Council; Councillor D Norman Development Control Committee held 7th May 2014 Minute 1018(c) - 14/00452/FULM - Disclosable Non-pecuniary interest (withdrew) People Scrutiny Committee held 15th July 2014 Interest in the referred minutes; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011; Minute 108 (In depth report on grammar school entry figures) - non-pecuniary interest - Governor at Westcliff High School for Boys; Policy & Resources Scrutiny Committee held 16th July 2014 Interest in the referred items; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011; Councillor Robertson Development Control Committee held 11th June 2014 Minute 27(d) - 14/00038/BC4M - Pecuniary Interest (withdrew) Development Control Committee held 9th July 2014 Minute 88(l) - 14/00457/FUL - Non-pecuniary interest - Owner of a property adjacent to the site is known to him as a fellow Councillor; Councillor Robinson People Scrutiny Committee held 15th July 2014 Minute 112 (Committee update) - non-pecuniary interest - employer mentioned in the report detail; Councillor Salter People Scrutiny Committee held 15th July 2014 Minute 112 (Committee update; update from CCG) - non-pecuniary interest- husband is consultant vascular surgeon at Southend General Hospital; Policy & Resources Scrutiny Committee held 16th July 2014 Minute 123 (MPR) - non-pecuniary -private landlord in Borough Councillor Terry Cabinet held on 1st July 2014 Minute 73 (London Southend Airport Joint Area Action Plan) - Non-pecuniary interest - Clients of employer are working in the area; Place Scrutiny Committee held 14th July 2014 Interest in the referred minutes; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011; Minute 97 (Community Infrastructure Levy) -pecuniary interest - withdrew; Minute 101 (Update on the delivery of London Southend Airport Joint Area Action Plan) (JAAP) - non-pecuniary interest - clients; Policy & Resources Scrutiny Committee held 16th July 2014 Interest in the referred items; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011; Councillor Van Looy Development Control Committee held 9th July 2014 Minute 88(h) - 14/00939/FUL & Minute 88(i) - 14/00781/ADV - Pecuniary interest (withdrew); Councillor Velmurugan Development Control Committee held 11th June 2014 Minute 27(q) - 14/00415/FUL - Non-pecuniary interest - Applicant is a GP Health & Wellbeing Board held on 18th June 2014 Minutes 33, 34, 35, 36, 37, 38, 39 - non-pecuniary interest - NHS General Practitioner and as Council appointed Member to SEPT and SUFHT Development Control Committee held 9th July 2014 Minute 88(l) - 14/00457/FUL - Disclosable non-pecuniary interest (withdrew); Councillor Waterworth Development Control Committee held 9th July 2014 Minute 88(l) - 14/00457/FUL - Non-pecuniary interest - Owner of a property adjacent to the site is known to him as a fellow Councillor; Policy & Resources Scrutiny Committee held 16th July 2014 Minute 12 (MPR) - non-pecuniary interest -private landlord; Councillor Woodley Development Control Committee held 7th May 2014 Minute 1018(a) - 14/00215/FUL - Non-pecuniary interest - objector is known to him; Minute 1018(e) - 14/00552/BC3M - Disclosable non-pecuniary interest (withdrew) Place Scrutiny Committee held 14th July 2014 Interest in the referred minutes; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011; Minute 96 (Draft Corporate Plan & Annual Report) - pecuniary interest- BERA mentioned (withdrew) People Scrutiny Committee held 15th July 2014 Interest in the referred minutes; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011; Minute 116 (Use of Pupil Premium funding) - non-pecuniary interest - Governor at Thorpe Greenways School; Policy & Resources Scrutiny Committee held 16th July 2014 Interest in the referred items; attended pursuant to the dispensation agreed at Council on 19th July 2012, under S.33 of the Localism Act 2011;
139
Welcome to Elected Councillor - Mr Mike Royston
The Worshipful the Mayor welcomed to the Council Councillor Mike Royston as the elected Councillor for the Westborough Ward in the May local elections.
140
Presentation of Awards
The Worshipful the Mayor informed Members that the Council had received two out of the fourteen National Municipal Journal Awards. The awards were for the Ideas in Motion Scheme which won the Sustainable Transport Behaviour Change award and the Streets Ahead Programme which won the Excellence in Community Engagement award. The Worshipful the Mayor also informed Members that the Council had also received the Payroll Giving Bronze Award 2014. The Worshipful the Mayor, on behalf of the Council, congratulated all officers involved.
141
Questions from Members of the Public.
There were no questions from Members of the Public at this meeting.
142
Questions from Members of the Council.
The relevant Executive Councillors responded to written questions received from Councillors Aylen, Chalk, Courtenay, Flewitt and J Garston.
143
Minutes of the Meeting held on Thursday, 17th April, 2014
Resolved: That the minutes of the meeting held on 17th April 2014 be confirmed and signed as a correct record.
144
Minutes of the Meeting held on Thursday, 8th May, 2014
Resolved: That the minutes of the meeting held on 8th May 2014 be confirmed and signed as a correct record.
145
Minutes of the Meeting held on Thursday, 5th June, 2014
Resolved: That the minutes of the meeting held on 5th June 2014, subject to the addition of Councillor Flewitt's name to the list of recorded votes for Councillor Lamb in Minute 11, be confirmed and signed as a correct record.
146
Petition - An improved No.29 Bus Service
Councillor Royston presented a petition on behalf of local residents requesting the Council to work alongside bus operators to provide an improved Number 29 bus service. Resolved: That in accordance with Council Procedure Rule 15.5 the petition be referred to Cabinet.*Referred to:- The Cabinet
147
Minutes of the Meeting of Licensing Sub-Committee B held on Thursday, 24th April, 2014
Resolved: That the minutes of this meeting be noted.
148
Minutes of the Meeting of Licensing Sub-Committee A held on Tuesday, 6th May, 2014
Resolved: That the minutes of this meeting be noted.
149
Minutes of the Meeting of Licensing Sub-Committee B held on Wednesday, 7th May, 2014
Resolved: That the minutes of this meeting be noted.
150
Minutes of the Meeting of Appeals Committee A held on Tuesday, 6th May, 2014
Resolved: That the minutes of this meeting be noted.
151
Minutes of the Meeting of Development Control Committee held on Wednesday, 7th May, 2014
Resolved: That the minutes of this meeting be noted.
152
Minutes of the Meeting of The Appointments and Disciplinary Committee held on Monday, 19th May, 2014
Resolved: That the minutes of this meeting be noted.
153
Minutes of the Meeting of Development Control Committee held on Wednesday, 11th June, 2014
Resolved: That the minutes of this meeting be noted.
154
Minutes of the Meeting of Southend Health and Wellbeing Board held on Wednesday, 18th June, 2014
Resolved: That the minutes of this meeting be noted.
155
Minutes of the Meeting of Audit Committee held on Wednesday, 25th June, 2014
Resolved: That the minutes of this meeting be noted.
156
Minutes of the Meeting of The Cabinet held on Tuesday, 1st July, 2014
Resolved: That the minutes of this meeting be noted and the recommendations contained in Minutes 62, 63, 64, 65, 69, 70, 71 and 72, be adopted.
157
Minutes of the Meeting of Licensing Sub-Committee A held on Thursday, 3rd July, 2014
Resolved: That the minutes of this meeting be noted.
158
Minutes of the Meeting of Licensing Sub-Committee B held on Monday, 7th July, 2014
Resolved: That the minutes of this meeting be noted.
159
Minutes of the Meeting of Development Control Committee held on Wednesday, 9th July, 2014
Resolved: That the minutes of this meeting be noted.
160
Minutes of the Meeting of Place Scrutiny Committee held on Monday, 14th July, 2014
Upon a requisition for a named vote in accordance with Council Procedure Rule 12.1, a recorded vote was taken to refer Minute 96 (Draft Corporate Plan & Annual Report 2014) back to Cabinet, the voting was as follows: For reference back: Cllrs Butler, Byford, Courtenay, Day, Evans, Flewitt, Folkard, D Garston, J Garston, Habermel, Holland, Jarvis, Lamb, Phillips and Salter (15) Against reference back: Cllrs Assenheim, Aylen, Ayling, Betson, Borton, Burling, Callaghan, Chalk, Crystall, Davies, Endersby, Gilbert, Anne Jones, Kenyon, Longley, McMahon, Moyies, Mulroney, Nevin, Norman, Robinson, Royston, Terry, Van Looy, Velmurugan, Ware-Lane, Waterworth and Wexham (28) Abstentions: Cllrs Moring and Walker (2) Absent for the vote: Cllrs Adam Jones, Morgan, Robertson, Stafford, Ward and Woodley (6) Accordingly the motion to refer Minute 96 back to Cabinet was not carried. Resolved: That the minutes of this meeting be noted and the recommendations contained in Minutes 95, 96, 97, 98, 99, 100 and 101, be adopted.
161
Minutes of the Meeting of People Scrutiny Committee held on Tuesday, 15th July, 2014
Resolved: That the minutes of this meeting be noted and the recommendations contained in Minute 109, be adopted.
162
Minutes of the Meeting of Policy and Resources Scrutiny Committee held on Wednesday, 16th July, 2014
Resolved: That the minutes of this meeting be noted and the recommendations contained in Minutes 125, 126, 127 and 128, be adopted.
163
Changes to the Constitution
The Council considered a report of the Corporate Director for Corporate Services which detailed changes to the Constitution and procedures to comply with the requirements of "The Openness of Local Government Bodies Regulations 2014." The report also made proposals to consolidate a number of Working Parties, and to make a consequential change to the terms of reference of the General Purposes Committee and a minor amendment to the terms of reference of the Appeals Committees A and B. Resolved: 1. That Council Procedure Rule 16 in Part 4a of the Constitution be amended to include the following additional provision to comply with the requirements of The Openness of Local Government Bodies Regulations 2014 ("the 2014 Regulations"); "16.3 In accordance with the provisions of the Openness of Local Government Bodies Regulations 2014, any person attending a Council meeting which is open to the public, may report on proceedings and publish or disseminate the results. "Reporting" includes filming and providing comments on proceedings and the 2014 Regulations allow for a wide range of methods including social media." 2. That decisions made by officers of the Council under delegated powers which fall within either Regulation 7.2 of the 2014 Regulations or Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) Regulations 2012 (termed "Prescribed Decisions") shall; Be recorded in writing in a format that meets the requirements of the 2014 and 2012 Regulations (with background papers attached); and Be held on a central register (utilising the AKS Committee system if possible) and made available for public inspection at the Council's offices and on the Council's website unless they contain exempt or confidential information. A "Prescribed Decision" means; (a) An executive decision taken by an officer under a specific delegation from a meeting of Cabinet; or (b) An executive decision taken by an officer under Standing Order 46 (this will necessitate adding specific sections entitled "Reason for Decision" and "Other Options" in SO 46 letters); or (c) An executive decision taken by an officer pursuant to the Delegation Scheme in Part 3 Schedule 3 to the Constitution, where a key decision is involved (as defined in Article 13.03 in Part 2 of the Constitution); or (d) A non-executive decision taken by an officer to grant a permission or licence; or which affects the rights of an individual; or to award a contract or incur expenditure which in either case materially affects the Council's finances. 3. That Cabinet Working Parties be consolidated and a consequential change made to the terms of reference of the General Purposes Committee, as set out in Appendix 1 to the submitted report. 3. That the Members and substitutes listed in Annex A to the submitted report be appointed to the Cultural, Tourism and Events Working Party and the People Management, Accommodation, and Digital Strategy Working Party in the proportion 3 Conservative, 2 Independent, 1 Labour, 1 Liberal Democrat and 1 UKIP Member. 4. That Councillor Salter be replaced by Councillor Courtenay on the People Scrutiny Programme Working Party and Councillor Salter be added to the list of substitutes on this Working Party, as set out in Annex A to the submitted report. 5. That a minor amendment be made to the terms of reference of Appeals Committees A and B as set out in Appendix 1 to the submitted report.