Agenda and minutes

Councillors Cheryl Butler, Don Davis and Paul Roberts declared a Non Disclosable Pecuniary/Other Interest in relation to agenda item 7 (Notice of Motion 1). They stated that their interests arose from being responsible dog owners.

RESOLVED

that the minutes of the meetings of the Council held on 26th July and 6th September, 2018, as now submitted, be received and approved.

Leader of the Council

“Thank you, Madam Chairman and firstly can I say how good it is to see you back in the Chair.  I know that you’ve been so poorly lately and for you to come back even though you’re not fully well I think shows your strength and determination and I’m very pleased for one to see you back here.

Madam Chairman, I’d first like to just update Members on a few urgent items that have happened in my Portfolio since the last meeting.  Firstly with the Place Enhancement Board.  Work on the place is really beginning to take shape and I’m pleased that it’s being led by a very pro-active private sector led partnership.  The next steps will be in the upcoming Cabinet report in November which will then be pushed out to Members.

In terms of economic growth, Madam Chairman, on Friday the 21^st September the Annual Ashfield Jobs Fair was held at the Festival Hall in Kirkby.  The event was attended by almost a thousand people and they were able to visit sixty five stands which were occupied by a mixture of employers, agents and training providers with local and national employers like the Armed Forces.  There were well over a thousand jobs on offer.  I spoke to all the exhibitors and local residents as usual and the feedback was very positive.

We continue to manage our successful business grant scheme which is aimed at stimulating business start-up, business growth and shop front improvements.  Almost £60,000 still remains in that pot, Madam Chairman, and it’s therefore still open for local businesses to apply.  Andrew I’m looking at you, we want some good news in the Chad about that, about how much money we’ve got available and we’re very keen for businesses to come forward and apply for some of that funding we’ve got.

Of course, Madam Chairman, I meet regularly with major local businesses to find out their concerns.  Just recently I’ve met with a very large national retailer about their growth plans, with successful local manufacturing businesses and also with the Mansfield and Ashfield 2020 network of small and medium sized businesses.  Yesterday was my fifth business breakfast with those groups and again it was incredibly successful.  I’m determined to ensure that the procurement for the new Kirkby Leisure Centre is a model of good practice as well regarding local businesses and apprenticeships across all trades and services. 

With regard to planning, we have begun the research and development work on the new Local Plan 2018 to 2037.  As I said at the Extraordinary Council meeting on the 6^th September, I want a greater degree of ambition and creativity in the next Plan.  A Cabinet report setting out the next steps went to the 1^st October Cabinet Meeting and we are currently working up a more detailed timeline of activities which I will bring back to Members in due course. 

Also at the 1^st October meeting, I announced a consultation  ...  view the full minutes text for item C.37

From Mr. David Hennigan, Sutton in Ashfield:

To Councillor Helen-Ann Smith as the Portfolio Holder responsible for Parks and Open Spaces:

“Can the Council please outline the work it has done to secure our parks, recreation grounds and open spaces it is responsible for in the light of the continuing encampment of travellers across our District?  Can the Council please tell me the specific actions they have taken since May to ensure our parks are free for all to use?”

From Mr. Linford Gibbons, Kirkby in Ashfield: 

To Councillor Jason Zadrozny as Leader of the Council:

“Following the decision by Nottinghamshire County Council to build a business case to create a single authority in Nottinghamshire abolishing District and Borough Authorities, when will the people of Ashfield be consulted for their opinions and what is the position of ADC regarding this matter?”

In accordance with Council Procedure Rule 11, the following questions had been submitted:-

Question 1

From Mr. David Hennigan:

To Councillor Helen-Ann Smith as the Portfolio Holder responsible for Parks and Open Spaces:

“Can the Council please outline the work it has done to secure our parks, recreation grounds and open spaces it is responsible for in the light of the continuing encampment of travellers across our District? Can the Council please tell me the specific actions they have taken since May to ensure our parks are free for all to use?”

The Deputy Leader of the Council (Outward Focus) responded to the question as follows:-

“Thank you Mr. Hennigan for your question.  As everyone in this room is aware illegal travel encampments have been a major issue across the District this summer.  We have been working tirelessly on this issue and I would firstly like to thank all the officers and my colleagues that were involved in the clean up afterwards and the continuous clean up whilst the travellers have been on site.  So I’d like to make that point to all the Council staff please Mr. Mitchell.                    

Due to this significant problem that we’ve had with illegal encampments this summer, we have completely revamped our illegal encampment protocol and the way the Council deals with these.  We have been conducting regular checks on all our parks and open spaces across the District to ensure that they are as secure as they could possibly be.  We’ve had locks changed, we’ve put extra locks on in certain areas; we’ve also been working jointly with the County Council with an issue on Strawberry Bank, which is County Council land.  We went up and worked with the County Council to make sure that that site was also secure.

We’ve also been doing a lot of work with neighbouring authorities across the region to try and find the best way of dealing with this issue and we’re looking at a couple of different options at the moment.  The first one that we’re looking at is….this is the legal part that I’ve got to say like this but then I’ll explain it afterwards. 

We are looking at an injunction which can be applied for under Section 222 of the Local Government Act 1972, which gives the Council the general power to prosecute or defend or appear in any legal proceedings in their own name where it is considered expedient for the promotion or protection of the interests of the inhabitants of their area.

An injunction can be sought for an individual site or district wide.  It can also be against named individuals if details are known.  We would need sufficient evidence to prove to the Court that the injunction is required to protect the interests of inhabitants.

Basically what that means is there is an injunction that we can get but it needs to be site specific.  I’ve been advised that we wouldn’t get it through the court on a District wide basis  ...  view the full minutes text for item C.38

(None received for this meeting)

No petitions were received for consideration.

Motion 1

To consider a notice of motion proposed by Councillor Lee Anderson and seconded by Councillor Kevin Rostance, as follows:-

“For the Council to consider banning all dogs from Council owned football and sports pitches and explore options for the introduction of a PSPO”.

Motion 2

To consider a notice of motion proposed by Councillor Christian Chapman and seconded by Councillor Jason Zadrozny, as follows:-

“This Council is committed to regenerating our Town Centres.  This Council recognises the problems caused by crime and anti-social social behaviour and its effect on trade.

This Council notes the decisive action taken after complaints about serious anti-social behaviour in the centre of Sutton, congratulates Ashfield District Council on its multi-agency approach to tackle the issues raised and welcomes the difference that our action has made to resident’s lives.

This Council further notes the adverse effect that drug taking is having on our Town Centres with a rise in the use of dangerous drugs like ‘Black Mamba’ or ‘Spice’ with parts of our District resembling horror films.

This Council acknowledges that the main way we can call for extra police resources via Nottinghamshire Police is through the Police and Crime Panel.  This Council regrets that the former Labour Leader of this Council failed to attend a single meeting for 8 months.

This Council resolves to:

1)    Write to the Home Secretary backing the call for drugs like ‘Black Mamba’ or ‘Spice’ to be reclassified as Class A drugs to give the Police more power to act.

2)    To fully co-operate with the ‘Black Mamba / Spice Summit’ that the leader of Ashfield District Council called for at a recent meeting of Nottinghamshire County Council.

3)    To write to Police and Crime Commissioner Paddy Tipping calling for more police resources across the Ashfield District.”

Motion 3

To consider a notice of motion proposed by Councillor Helen-Ann Smith and seconded by Councillor John Wilmott, as follows:-

“This Council notes that the previous Labour administration spent £3million shrinking our bins in a failed attempt to increase recycling and that under Labour, fly-tipping went up by 39% across the Ashfield District.

This Council acknowledges that fly-tipping and the state of our streets is one of the biggest concerns that Councillors hear on the doorstep and that urgent action was needed to tackle the problem.

This Council welcomes the ‘Big Ashfield Spring Clean’ where 82,500kg of waste was collected over 3 weeks in Hucknall, Kirkby, Sutton and The Rurals – the most amount of rubbish collected since Ashfield District Council was created in 1974.

This Council further notes:

(1)          60,900kg of rubbish was collected in static skips.

(2)          8,700kg of rubbish was collected in flying skips.

(3)          12,900kg of rubbish was collected in side waste.

(4)          160 fridges freezers were removed.

(5)          867 items of bulky waste were collected.

(6)          That 99.66% of all rubbish was recycled.

Across the District:

(1)          In Sutton, 33,500kg of rubbish was collected.

(2)          In Kirkby and The Rurals, 28,500kg was collected.

(3)          In  ...  view the full agenda text for item C.40

The Council received a notice of motion moved by Councillor Lee Anderson and seconded by Councillor Kevin Rostance as follows:-

“For the Council to consider banning all dogs from Council owned football and sports pitches and explore options for the introduction of a PSPO”.

Having been fully considered, the motion was put to the vote which resulted in an equal number of votes cast.  In accordance with Council Procedure Rule 18.2, the Chairman exercised her second/casting vote and it was

RESOLVED

that the Council agrees to consider banning all dogs from Council owned football and sports pitches and explores options for the introduction of a Public Spaces Protection Order (PSPO).

(During consideration of the motion, Councillor Cathy Mason left the room at 7.36 p.m. and returned to the meeting at 7.37 p.m.)

The Council received a notice of motion moved by Councillor Tom Hollis and seconded by Councillor Jason Zadrozny as follows:-

“This Council is committed to regenerating our Town Centres. This Council recognises the problems caused by crime and anti-social social behaviour and its effect on trade.

This Council notes the decisive action taken after complaints about serious anti-social behaviour in the centre of Sutton, congratulates Ashfield District Council on its multi-agency approach to tackle the issues raised and welcomes the difference that our action has made to resident’s lives.

This Council further notes the adverse effect that drug taking is having on our Town Centres with a rise in the use of dangerous drugs like ‘Black Mamba’ or ‘Spice’ with parts of our District resembling horror films.

This Council acknowledges that the main way we can call for extra police resources via Nottinghamshire Police is through the Police and Crime Panel. This Council regrets that the former Labour Leader of this Council failed to attend a single meeting for 8 months.

This Council resolves to:

1)    Write to the Home Secretary backing the call for drugs like ‘Black Mamba’ or ‘Spice’ to be reclassified as Class A drugs to give the Police more power to act.

2)    To fully co-operate with the ‘Black Mamba/Spice Summit’ that the leader of Ashfield District Council called for at a recent meeting of Nottinghamshire County Council.

3)    To write to Police and Crime Commissioner Paddy Tipping calling for more police resources across the Ashfield District.”

Councillor Cheryl Butler moved an amendment to the motion, seconded by Councillor Paul Roberts, in the following terms:-

“This Council is committed to regenerating our Town Centres. This Council recognises the problems caused by crime and anti-social social behaviour and its effect on trade.

This Council notes the decisive action taken after complaints about serious anti-social behaviour in the centre of Sutton, congratulates Ashfield District Council on its multi-agency approach to tackle the issues raised and welcomes the difference that our action has made to resident’s lives.

This Council further notes the adverse effect that drug taking is having on our Town Centres with a rise in the use of dangerous drugs like ‘Black Mamba’ or ‘Spice’ with parts of our District.

This Council acknowledges that the main way we can call for extra police resources via Nottinghamshire Police is through the Police and Crime Panel.

This Council resolves to:

1)    Write to the Home Secretary backing the call for drugs like ‘Black Mamba’ or ‘Spice’ to be reclassified as Class A drugs to give the Police more power to act.

2)    To fully co-operate with the ‘Black Mamba/Spice Summit’ that the leader of Ashfield District Council called for at a recent meeting of Nottinghamshire County Council.

3)    To write to Police and Crime Commissioner Paddy Tipping calling for more police resources across the Ashfield District.”

The meeting was adjourned at 7.55 p.m. to enable Members to consider the amendment. The meeting reconvened at 8.05 p.m.

Having considered the  ...  view the full minutes text for item C.41

The Council received a notice of motion moved by Councillor Helen-Ann Smith and seconded by Councillor John Wilmott as follows:-

“This Council notes that the previous Labour administration spent £3million shrinking our bins in a failed attempt to increase recycling and that under Labour, fly-tipping went up by 39% across the Ashfield District.

This Council acknowledges that fly-tipping and the state of our streets is one of the biggest concerns that Councillors hear on the doorstep and that urgent action was needed to tackle the problem.

This Council welcomes the ‘Big Ashfield Spring Clean’ where 82,500kg of waste was collected over 3 weeks in Hucknall, Kirkby, Sutton and The Rurals – the most amount of rubbish collected since Ashfield District Council was created in 1974.

This Council further notes:

(1) 60,900kg of rubbish was collected in static skips.

(2) 8,700kg of rubbish was collected in flying skips.

(3) 12,900kg of rubbish was collected in side waste.

(4) 160 fridges freezers were removed.

(5) 867 items of bulky waste were collected.

(6) That 99.66% of all rubbish was recycled.

Across the District:

(1) In Sutton, 33,500kg of rubbish was collected.

(2) In Kirkby and The Rurals, 28,500kg was collected.

(3) In Hucknall, 20,500kg was collected.

This Council would like to thank Council Staff for going beyond the call of duty to ensure the Big Ashfield Spring Clean was a huge success and thanks to the hundreds of residents across our District who helped with litter picks concentrating on our parks and town centres.

This Council therefore resolves to:

(1) Start the planning for the Big Ashfield Spring Clean 2019, learning the lessons from 2018 to improve an already hugely successful scheme.

(2) Continue this Council’s fight for a cleaner District as a priority and to use every power we have to catch, prosecute and publicise the fly-tippers who spoil our environment.”

Councillor Helen-Ann Smith, as mover of the motion, asked Council to note that part (4) should have stated 144 fridges/freezers and not 160 as stated in the motion and part (5) should have referred to 867 houses that had bulky items of waste removed rather than 867 items of bulky waste removed, as printed.

Councillor Cathy Mason moved an amendment to the motion, seconded by Councillor David Davis, in the following terms:-

“This Council acknowledges that fly-tipping and the state of our streets is one of the biggest concerns that Councillors have here on the doorstep and that urgent action is needed to tackle the problem.

This Council welcomes the concept of assisting Ashfield residents with their large item waste disposal, and as previously promised by the Deputy Leader of the Council (Outward Focus) in Full Council on July 26^th, 2018, who stated ‘it is our intention to evaluate the benefits of the scheme and announce a further scheme early next year.’

This Council would like to thank the staff for going beyond the call of duty during the 2018 Big Ashfield Spring Clean with acknowledgement of special  ...  view the full minutes text for item C.42

The Leader of the Council advised as follows:-

“In accordance with Rule 17.2 of the Access to Information Procedure Rules it is necessary for me to inform the Council when an executive decision has been taken pursuant to Rule 16 (Special Urgency Provisions.)

I can inform the Council that one such decision has been taken by me as a matter of urgency recently.

The decision related to the potential disposal or revised lease of a commercial investment property. The decision was key and contained exempt information but the full 28 days’ notice could not be given due to the need to proceed with the transaction without delay.

The Rule 16 Notice and the non-exempt elements of the decision have been published.”

In accordance with the Council Procedure Rule 2(ix), Council considered two recommendations from the following:-

Minute No. CA.31

Cabinet – 10^th September, 2018

Flexible Use of Capital Receipts Strategy

RESOLVED

that the Flexible Use of Capital Receipts Strategy, as presented, be approved.

Minute No. CA.38

Cabinet – 1^st October, 2018

Local Government Reorganisation

RESOLVED

that the Council formally supports the Cabinet’s position in opposing Nottinghamshire County Council’s proposals for a Local Government Reorganisation including a Unitary Council for Nottinghamshire.

Motion 1

To consider a notice of motion proposed by Councillor Lachlan Morrison and seconded by Councillor Paul Roberts, as follows:-

“Ashfield District Council resolves to:

·         Oppose the Leader of Nottinghamshire County Council's plan to abolish Ashfield District Council in order to replace it with a single unitary council for Nottinghamshire.

·         Condemn the Conservative Leader of Nottinghamshire County Council for failing to consult the residents and businesses of Ashfield and Nottinghamshire on their views about the future shape of local government in our area. This shows contempt for the residents and businesses we serve.

·         Call on the Leader of Nottinghamshire County Council to re-engage with leaders of all councils and opposition groups in Nottingham and Nottinghamshire, working constructively, transparently and in a manner of mutual respect - so that we can work collectively on the issues facing the residents and businesses we serve.

·         Call on the Leader of Nottinghamshire County Council to spend her time strongly lobbying the Conservative Government for sustainable and fair funding for Ashfield and Nottinghamshire rather than wasting time on attempting to unilaterally redraw the boundaries of local government in Nottinghamshire.

·         Agree to write to the Secretary of State for Local Government stating our opposition to the Leader of Nottinghamshire County Council's plan to abolish all districts and boroughs in Nottinghamshire and replace them with a single unitary council and to highlight the complete lack of any credible business case for such a move.”

Motion 2

To consider a notice of motion proposed by Councillor Jason Zadrozny and seconded by Councillor Rachel Madden, as follows:-

“This Council notes the decision of Nottinghamshire County Council to work on a business case to create a Unitary Authority based in West Bridgford.  This Council further notes that Nottinghamshire County Council have already committed £370,000 on a business case to scrap local Borough and District Councils.  This could exceed £1,000,000 when Council Officer’s time is taken into consideration.

This Council further notes that any decision on future governance in our county affects Ashfield District Council, Bassetlaw District Council, Broxtowe Borough Council, Gedling Borough Council, Mansfield District Council, Newark and Sherwood District Council and Rushcliffe Borough Council.

This Council is disappointed that the Leader of Nottinghamshire County Council has failed to genuinely consult the stake-holder residents and businesses of the Ashfield District on their views about the future shape of local government in our area and refuses to even discuss the idea of a public referendum on the issue.

Further to this, the Leader of Nottingham City Council has gone on record stating: “We will only look to expand the city’s borders if the county council goes ahead with its proposals.”  This would have a significant effect on Hucknall as part of the conurbation.

This Council believes that the biggest decision made about the future of Local Government in our County since 1974 should be made by the people – not politicians.  This Council should formally look at the costings for a referendum in the Ashfield District on Thursday, May 2nd  ...  view the full agenda text for item C.45

The Council received a notice of motion moved by Councillor Cheryl Butler and seconded by Councillor Keir Morrison as follows:-

“Ashfield District Council resolves to:

·         Oppose the Leader of Nottinghamshire County Council's plan to abolish Ashfield District Council in order to replace it with a single unitary council for Nottinghamshire.

·         Condemn the Conservative Leader of Nottinghamshire County Council for failing to consult the residents and businesses of Ashfield and Nottinghamshire on their views about the future shape of local government in our area. This shows contempt for the residents and businesses we serve.

·         Call on the Leader of Nottinghamshire County Council to re-engage with leaders of all councils and opposition groups in Nottingham and Nottinghamshire, working constructively, transparently and in a manner of mutual respect - so that we can work collectively on the issues facing the residents and businesses we serve.

·         Call on the Leader of Nottinghamshire County Council to spend her time strongly lobbying the Conservative Government for sustainable and fair funding for Ashfield and Nottinghamshire rather than wasting time on attempting to unilaterally redraw the boundaries of local government in Nottinghamshire.

·         Agree to write to the Secretary of State for Local Government stating our opposition to the Leader of Nottinghamshire County Council's plan to abolish all districts and boroughs in Nottinghamshire and replace them with a single unitary council and to highlight the complete lack of any credible business case for such a move.”

Councillor Jason Zadrozny moved an amendment to the motion, seconded by Councillor Cathy Mason, in the following terms:-

“Ashfield District Council resolves to:

·         Oppose the Leader of Nottinghamshire County Council's plan to abolish Ashfield District Council in order to replace it with single tier councils for Nottinghamshire.

·         Express strong disapproval of the Conservative Leader of Nottinghamshire County Council for failing to genuinely consult the stakeholders, residents and businesses of Ashfield and Nottinghamshire on their views about the future shape of local government in our area. This shows contempt for the residents and businesses we serve.

·         Call on the Leader of Nottinghamshire County Council to re-engage with leaders of all councils and opposition groups in Nottingham and Nottinghamshire, working constructively, transparently and in a manner of mutual respect - so that we can work collectively on the issues facing the residents and businesses we serve.

·         Agree that this Council believes that one of the biggest decisions made about the future of Local Government in our County since 1974 should be made by the residents – not politicians. To this end, this Council will set up a cross party group to determine the best form of public consultation to be taken, and bring a future report to council to discuss.

·         Call on the Leader of Nottinghamshire County Council to join Ashfield and other local authorities and national organisations such as the LGA, District Councils Network and the County Councils Network in strongly lobbying the Government for sustainable and fair funding for Ashfield and Nottinghamshire rather than wasting time on attempting to unilaterally redraw the boundaries  ...  view the full minutes text for item C.45

Councillor Jason Zadrozny advised that he wished to withdraw the motion as printed.

Question 1

Question from Councillor Lee Anderson to the Leader of the Council:

“Residents in the New Cross area feel let down by ADC. With all the recent problems such as anti social behaviour, drug dealing and hostile behaviour residents have raised serious concerns about the number of HMO’s that are opening in the area.  Could the council leader please explain what steps can be taken to ensure that the increasing amount of HMO’s is controlled in the future?”

In accordance with Council Procedure Rule 13, the following question was submitted:-

Question 1

From Councillor Lee Anderson:

“Residents in the New Cross area feel let down by ADC. With all the recent problems such as anti-social behaviour, drug dealing and hostile behaviour residents have raised serious concerns about the number of HMO’s that are opening in the area. Could the council leader please explain what steps can be taken to ensure that the increasing amount of HMO’s is controlled in the future?”

Councillor Jason Zadrozny, Leader of the Council, responded as follows:-

“It gives me the opportunity to speak about the great and positive work we’re doing in Sutton and in general across the New Cross area to fill the void left by the current incumbents.  I’ll answer your questions in turn.

Firstly, let me say at the outset anti-social behaviour, drug dealing, hostile behaviour is not acceptable and we’re determined to root it out, not only in Sutton but across the District.  We much prefer to work pro-actively with people to change their behaviour but when we do that it obviously doesn’t make the news but we will take strong enforcement action where necessary. 

We do this through our teams and with our relationships with the Department of Work and Pensions and the Crime Commissioner and as you know we’ve employed four more Community Protection Officers.  I think you are up to speed with everything we’ve done with public space protection orders and everything else and I’ll give you the answer that I’ve written out.

However, I think the more important question is about the Houses in Multiple Occupation where we have done some work.  Mandatory licensing of HMO’s has become a legal requirement since the Housing Act in 2004 but under the original regulations a HMO would need to be licensed only if it had three storeys or more or five persons or more.

We only think there are three of which are in the New Cross area.  However, new regulations that are enforceable, that we’ve taken through Cabinet, mean that all HMO’s to include all properties occupied by five persons or more will now have be licensed.  This regulation relates to all buildings not just those of three storeys and the extended regulations reply to flats when they’re being built as well.

We estimate that there are now two hundred properties within the District that will need the new licence that we will grant and we think there are around ten in the New Cross area.  HMO’s in themselves are not the problem although I’m aware of particular areas where they are a concern.  These are being tackled by a range of services working together.  The issue is with the people there and the way the people choose to behave.  We prefer to see buildings brought back into productive use and to work with landlords and tenants.

We are running out of time Councillor Anderson so I’ll give you a comprehensive answer about the work we’ve  ...  view the full minutes text for item C.47