Brighton & Hove City Council
Council
4.30pm17 December 2020
Virtual
MINUTES
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Present: Councillors Robins (Chair), Mears (Deputy Chair), Allcock, Appich, Atkinson, Bagaeen, Barnett, Bell, Brennan, Brown, Childs, Clare, Davis, Deane, Druitt, Ebel, Evans, Fishleigh, Fowler, Gibson, Grimshaw, Hamilton, Heley, Henry, Hill, Hills, Hugh-Jones, Janio, Knight, Lewry, Littman, Lloyd, Mac Cafferty, McNair, Miller, Moonan, Nemeth, Nield, O'Quinn, Osborne, Peltzer Dunn, Phillips, Pissaridou, Platts, Powell, Shanks, Simson, C Theobald, Wares, West, Wilkinson, Williams and Yates.
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PART ONE
83.1 Declarations of Interest
Councillor Platts declared a personal interest in Item 75, as she was a member of the Brighton Cooking Club;
Councillor Childs declared a personal and non-prejudicial interest in Item 65 (1) as he owned an electric vehicle and also in Item 66 (3) as he had a child at a Brighton School.
Councillor Grimshaw declared a personal and nor-prejudicial interest in Item No. 80 as she was a founder member of the Heritage Commission;
No other declarations of interests in matters appearing on the agenda were made.
Minutes
The minutes of the last ordinary meeting held on the 22 October were approved and signed by the Mayor as a correct record of the proceedings.
Mayor's Communications.
The Mayor stated that he wished to hold a minute’s silence for former mayoress Pat Smith who was consort to David Smith when he was Mayor in 2006 and had recently passed away. He offered the Council’s condolences to David who is an Honorary Alderman of the City and his family.
The Mayor then outlined various activities that he had been involved in since the last meeting:
The Acts of Remembrance across the City went very well, and I would like to thank the Remembrance Committee for helping to ensure that the ceremonies went ahead in very challenging circumstances.
I would also like to thank the events team, Ian Taylor and Daniel Watson for their input throughout.
Attendance at all the ceremonies was kept to a minimum to adhere to Government guidelines, people were masked and socially distanced.
An additional thank you goes to my Chaplaincy the Interfaith Contact Group and Father Martin Poole.
I have been kept busy recording messages for various organisations, attending virtual events and meetings. People are becoming very adept at virtual meetings, but it will be a good day when the vaccine is rolled out and we can start socialising again. There are a lot of lonely people out there, which one of my charities Together Co, is working hard to address.
I would like to congratulate the Democratic Services Team who won the Mayor’s October Charity Quiz night which raised funds for the charities.
Finally, he hoped that all councillors will have read the PR relating to the Mary Clarke Statue appeal which was circulated on the 15 December by the Civic Office. He had hoped to be able to unveil the actual Maquette, but unfortunately this had proved to be too difficult in the current climate.
To receive petitions and e-petitions.
The Mayor invited the submission of petitions from councillors and members of the public. He reminded the Council that petitions would be referred to the appropriate decision-making body without debate and the person presenting the petition would be invited to attend the meeting to which the petition was referred.
Mr. Madzima presented a petition signed by 8 residents calling on the council to review the decision to cut funding to the Change Grow & Live (FACT) support Group.
The Mayor thanked Mr. Madzima for presenting the petition and noted that it would be referred to the Health & Wellbeing Board for consideration.
Ms. Henery and Ms. Fairbanks presented a petition signed by1,445 residents calling on the council to adopt an operational Climate and Biodiversity plan by April 2021.
The Mayor thanked Ms. Henery and Ms. Fairbanks for presenting the petition and noted that it would be referred to the Policy & Resources Committee for consideration.
Mr. Jackson presented a petition signed by 522 residents calling on the council to halt any extension to the cycle lane along the Old Shoreham Road and to undertake a consultation exercise to determine what action should be taken.
The Mayor thanked Mr. Jackson for presenting the petition and noted that it would be referred to the Environment, Transport & Sustainability Committee for consideration.
The Mayor noted that there were no other petitions to be presented.
Written questions from members of the public.
The Mayor reported that 5 written questions had been received from members of the public and invited Nigel Smith to address the council.
Nigel Smith asked the following question; Either myself or another campaigner asks a question about the A259 at every meeting of the full council and ETS. To date, nobody at B&HCC seems remotely interested in investigating our concerns about dodgy statistics and incompetent consultants nor do they seem concerned about why congestion and pollution are increasing despite a drop in vehicles.
Are we wasting our time?
Councillor Heley replied; Thank you for your question Mr Smith. The opportunity for members of the public to ask lead councillors questions at public meetings like this is a really important way in which we can enable people to highlight local issues and get involved in the council’s business. Ward councillors will also welcome, listen to, and do their best to help with local issues.
When you or other people have asked a question about the A259, which I believe you have been doing for some 5 years now. I am sure that councillors will have provided a full and considered response wherever possible. We do want to tackle congestion and pollution across the city by increasing sustainable and public transport use, managing traffic and reducing vehicle trips. Raising questions at council meetings about your concerns can also help to increase awareness of these issues amongst local people, and could help encourage changes in travel behaviour. So, on this and other occasions, I think your time has been well spent.
Nigel Smith asked the following supplementary question;
Which, a leading insurance company has ranked the A259 from the Marina to New Haven as the 7th most dangerous stretch of road in the whole of the UK, that is a fact. All the meetings in the world won’t reduce carbon emissions, actions will. To remedy this you really have to understand the issues. My question is simply – do you? And if you do why are the emissions for traffic not going down year on year?
Councillor Heley replied; Yes I do fully understand the issues and I believe emissions aren’t going down because we are not providing enough safe infrastructure which we are addressing to move to sustainable transport and people are still choosing to drive too much.
The Mayor thanked Nigel Smith for his questions and invited Rob Shepherd to address the council.
Rob Shepherd thanked the Mayor and asked the following question; The mandatory 5-year review of the City Plan and its Sustainability Appraisal, lacks a Transport Assessment Update for the Infrastructure Delivery Plan. The last annual monitoring Transport Assessment Update was in 2014. With the well documented unplanned rise in congestion since 2014, it is very unlikely the City Plan’s required housing developments can now be achieved sustainably, which invalidates City Plan Part 2 unless it addresses this.
When will you perform the obligatory Transport Assessment Update and publish it for consultation?
Councillor Heley replied; A Transport Technical Paper was published earlier this year to support the proposed Submission City Plan Part 2. This includes an analysis of the impact of development proposed in the Plan on the strategic road network. The reason was to ensure that the conclusions and measures set out in the Strategic Transport Assessment that supports City Plan Part 1 (CPP1) remain valid. It concluded that the measures remain robust with amendments to some of the traffic levels and measures. The Technical Paper can be viewed on the website.
In terms of the review of City Plan Part 1, the National Planning Policy Framework requires policies to be reviewed at least once every five years. City Plan Part 1 was adopted in March 2016 and a report on the need for an update to the Plan’s policies will be brought to TECC Committee in March 2021. Should a decision be made to proceed with an update to the policies in City Plan Part 1, this is expected to include an updated assessment of the transport implications of future planned growth. This would be published alongside a consultation draft of updated policies.
The Council recently published a Local Development Scheme which sets out an expected timetable for the progression of a revised City Plan Part 1 with the first formal stage of consultation anticipated to take place in late 2023.
Rob Shepherd asked the following supplementary question; It is in the territory of there is a big difference in monitoring/measuring congestion than actually just measuring traffic volumes. In previous answers you have said that the local A259 queues and congestion were last measured in 2018 and that an emergency bus lane was recommended on the basis of traffic management and analysis, having found out that you were incorrectly advised on both accounts and also not warned that the disastrous temporary A259 bike lane at the Pier was not viable, what actions are you taking to ensure you are better informed about our vital transport infrastructure so the City Plan’s target new housing can still be built sustainably?
Councillor Heley replied; I won’t give much of a reply because you are implying that officers have told me incorrect information, which I am not very happy with, but we can carry on the conversation on email.
The Mayor thanked Rob Shepherd for his questions and invited Jon Paul to address the council.
Jon Paul McCarthy asked the following question; Over the last year Saltdean has created a large group of sea swimmers, surfers and SUP. It would be amazing to have a facility for this group on the beach or even just the permission so we can crowdfund the cost of a hut. There is also plenty of space for at least 50 new huts and chalets in Saltdean with residents ready to purchase and maintain their own huts.
Please would the council advise whether new beach huts and chalets will be erected on Saltdean seafront in the near future - either council or privately owned - and if our swim/surf group can get to the top of the waiting list?
Councillor Ebel replied; Thank you Mr McCarthy for your question and it is positive that there is such interest for people to actively use the sea to the benefit of their health and well-being.
A report on the provision of beach chalets is due to be considered by the TECC Committee in January. The report will include a recommendation that a study is undertaken to consider the feasibility of the provision of additional beach chalets and huts on the city’s coastline. This study is necessary before any indication could be given whether it would be possible for additional provision to be made at any location.
The Council does not give priority to any individuals or groups on the waiting lists for beach chalets, the reason is simple, many people have been on these waiting lists for many, many years and for reasons of ‘fairness and transparency’ we cannot give priority to anyone. So, we have to be simply work according to the waiting list.
Jon Paul McCarthy asked the following supplementary question, I am more interested in the permission to get a club house, if we had permission to put something there, we could crowd fund the hut itself. The other thing was the leases on the huts I think are 20 years which seems like a very long time as I have only ever seen one hut open there and I have lived here for 10 years.
Councillor Ebel replied; In terms of permissions you are welcome to email us and we can discuss with officers, obviously there are more demands that there is space, but I am happy to put you in contact with our council officers and then the leases will be part of the report that is coming to the January TECC Committee. There are two types of lease, one is indefinite, and one is a limited lease. I can’t comment on how much beach chalets are used but we are looking into a feasibility study to provide additional beach huts and beach chalets but that will take a bit of time because we want to do it properly.
The Mayor thanked Jon Paul McCarthy for his questions and invited Jim Deans to address the council.
Jim Deans asked the following question; In 2018 and again in 2019 council all political parties thanked Sussex Homeless Support for the work done supporting Homeless, Rough Sleepers and those suffering poverty. 2020 in the first week of the covid-19 lock down we stepped up while other services closed their doors, from 1 street kitchen to 8 a week, yet council turned down our application for funding, why?
Councillor Gibson replied; I agree this is really disappointing and what I can do is read out the response of the ‘all party’ Member’s Advisory Group who made the decision on the bids for the Community Funds and they agreed, following the recommendation made by officers in respect of the bid from Sussex Homeless Support, Brighton & Hove City Council Commissioning Manager, Rough Sleepers & Single Homeless Support reports that TVs and Kindles have been purchased by the council that radios that Sussex Homeless Support seek have been donated by Tescos, 200 hot meals and pack lunches are prepared and delivered by Brighton & Hove City Council each day and toiletries have been donated by public and retail. Additionally travel costs can be met from within the existing budget. It is recommended not to fund this bid. They then added that they are sorry for this disappointing news.
So that was the response which you have probably seen before, I fully appreciate that you feel bitterly disappointed you must feel and you make the case very strongly about all the things that Sussex Homeless Support do and that you feel that it is unfair and certainly I am very aware of the work that your group does and your tireless efforts, always coming to meetings full of ideas and how to solve homelessness, if only Brighton & Hove Council and others could get their act together and your contribution is so appreciated.
I also think that the pods project that you are developing is really brilliant and, having visited the pods I am very excited that this could be a long term solution for homelessness and, as you know, I am working with you and the Community Land Trust to try and do something that will be lasting beyond the alleviation, which is providing food. I was also particularly impressed by the homeless bus that you got going last year before we had the current situation that everyone is in which obviously changes things and makes things a lot easier because 7 days a week we are now looking to offer accommodation for rough sleepers which is brilliant really that we can do that.
Jim Deans asked the following supplementary question; I refer to the list of successful applicants, I am not saying that a website for uploading music, when the biggest platforms are free and handing out thousands of pounds for Zoom licences when Zoom can be used for free are a waste of public money and that the organisations to receive money are not deserving, but I think feeding people on the street and Sussex Homeless Support are equal in the city in value and so I ask today does Sussex Homeless Support still have the support of the councillors?
Councillor Gibson replied, I am very keen on the pods project I want to work with you together and I want the council to find ways of being acceptable to work with the community which is in our joint programme better than have been done so far so I am committed to working with community groups, particularly groups like yours that are very good at fund raising, thankfully, because of this point in the decision with the grants.
The Mayor thanked Jim Deans for his questions and invited Keeley Bignal to address the council.
Keeley Bignal thanked the Mayor and asked the following question; This question is regarding the proposals to construct 600-700 flats on the site of Brighton Gasworks. Right now, people who live near to gasworks developments elsewhere – which are being developed by the very same developers proposing to build here in Brighton - are suffering damage to their health. At Southall in London, residents report asthma, breathing problems, nausea, chest pain, and even cancer and are pursuing legal action. We know that the Brighton gasworks site is contaminated with dangerous toxins including asbestos, lead and benzo(a)pyrene.
Will the Council prioritise the health of its residents over the need for more homes?
Councillor Hugh-Jones replied, I appreciate your concerns and fears. I can assure you the protection of residents’ health and safety remains a top priority for the city council – particularly when it comes to remediating a contaminated site like the Brighton Gas Works.
This is also a site which should be capable of being remediated safely and that we’d like to see redeveloped for much needed homes and jobs. As site remediation is highly technical and regulated, it is licensed and overseen by the Health and Safety Executive (HSE) for the Environment Agency.
All planning applications must be determined in line with those local and national planning policy and guidance and relevant planning legislation, this includes environmental impact assessments and the impact of a development on human health.
A future planning application to redevelop the Gasworks site will be required to include detailed evidence in line with national guidance on Land contamination - risk management - published as recently as October 2020. This evidence will be scrutinised by officers of the city council as well as the Environment Agency and HSE to ensure public health is protected.
This evidence will be published for residents to scrutinise and comment on as well.
Finally, any future planning application will be carefully considered by officers and the Planning Committee. An approval decision would require the developer to comply with stringent planning conditions to address matters such as safe land remediation. These, then would have to be satisfied before any development could commence on the site.
The applicants have submitted an environmental impact assessment scoping report that happened during the summer and key internal and external consultees have been consulted and provided a scoping opinion. Both documents are now available on the council website so I urge you to have a look if you have not already done so. You may also be interested to know that the deputation that came to last Full Council on this same subject has been noted and passed to the planning service and will be dealt with as a representation on any future planning application at that location.
Keeley Bignal asked the following supplementary question; As a local resident, and I also have a background as an environmental scientist and have worked in air quality and undertaken research in some of these really nasty carcinogens, I can’t really express how concerned I am about release of these toxins into the atmosphere, particularly given that the nature of the proposed development with high rise and deep foundations and excavations. I worry that my little boy can play safely in the garden, I worry for my neighbour’s baby that has just been born, my neighbours at the end of the garden. People do not want to live their retirement not being able to breathe and in fear of being able to open their windows. Other developments have also had to comply with this long list of regulations and the evidence suggests that it hasn’t worked.
Do you not agree that the safest place for these lethal toxins is to keep them locked up where they are?
Councillor Hugh-Jones stated that she was not expert and would have to defer to those who are. She suggested that given Keeley’s expertise in the area they could discuss matters further outside of the meeting.
The Mayor thanked Keely Bignal for her questions and noted that this had concluded the item.
Deputations from members of the public.
The Mayor welcomed Venetia Carter to the meeting and invited her to address the Council.
Ms. Carter thanked the Mayor and referred to the deputation and outlined the concerns in relation to the climate change and biodiversity emergency facing the city and asking what actions the council would take to address these.
Councillor Heley thanked Ms Carter for the deputation and stated that the Council was working towards publishing a carbon neutral plan in March 2021 and the findings of the first citizens’ assembly were due to be reported to the Environment, Transport & Sustainability and Policy & Resources Committees in January.
The Mayor thanked Ms. Carter for joining the meeting and noted that the deputation would be referred to the Environment, Transport & Sustainability Committee for consideration. The persons forming the deputation would be invited to attend the meeting and would be informed subsequently of any action to be taken or proposed in relation to the matter set out in the deputation.
The Mayor welcomed David Thomas to the meeting and invited him to address the Council.
Mr. Thomas thanked the Mayor and referred to the deputation and outlined the concerns in relation to the use of SWEP and ensuring that homeless people were able to access the service during times of need.
Councillor Gibson thanked Mr Thomas for the deputation and stated that it was difficult to give a full response in view of the constraints that related to the judicial review. He hoped that a more comprehensive response could be given at the Housing Committee but wanted to confirm that the Council was committed to supporting homeless people and to work within the law to enable them to find accommodation.
The Mayor thanked Mr. Thomas for joining the meeting and noted that the deputation would be referred to the Housing Committee for consideration. The persons forming the deputation would be invited to attend the meeting and would be informed subsequently of any action to be taken or proposed in relation to the matter set out in the deputation.
Petitions for Council Debate
(1) The Mayor stated that where a petition secured 1,250 or more signatures it could be debated at the council meeting. He had been made aware of three such petitions and would take each in turn. However, he also noted that first petition, concerning no confidence in Brighton & Hove Council had been withdrawn due to the petitioner being unable to take part in the meeting at the present time.
(2) The Mayor then invited Sarah Whitehead to present the petition concerning the need for the Hove Greyhound Stadium to be closed.
(3) Sarah Whitehead thanked the Mayor and stated that the petition which had been signed by nearly 7,000 people was aimed at stopping the exploitation of greyhounds and puppies that don’t make the grade. She noted that the majority of dogs that ended their careers either lost their life or were sent abroad and that rescue centres were packed with dogs that had finished their running lives. She hoped that the council would support her and those that had signed the petition and would call on the owners of the stadium to stop this cruel sport and close the stadium.
(4) Councillor Hills thanked Sarah for the petition and stated that she would like to see the end of such exploitation and that it had no place in a caring city. However, it was not in the remit of the council to be able to do anything other than to recognise the level of support that existed for the petition.
(5) Councillors Brown and O’Quinn spoke on the petition and noted that charity events were held at the stadium and that the actual sport was not illegal or unregulated. It was also recognised that the protests had an impact on residents and if the stadium closed it would have impact on jobs.
(6) The Mayor thanked Sarah Whitehead for presenting the petition and then sought the Council’s agreement to put the recommendation to the vote which was agreed. He therefore called on each of the Group Leaders to confirm their position as well as the Groups in turn and each of the Independent Members.
(7) Councillor Mac Cafferty stated that the Green Group were in favour of the recommendation to note the petition and this was confirmed by the Green Group Members;
(8) Councillor Platts stated that the Labour Group were in favour of the recommendation to note the petition and this was confirmed by the Labour Group Members;
(9) Councillor Bell stated that the Conservative were against the recommendation to note the petition and this was confirmed by the Conservative Group Members;
(10) Councillor Brennan confirmed that she was voting in favour of the recommendation to note the petition;
(11) Councillor Fishleigh confirmed that she wished to abstain from voting on the recommendation;
(12) Councillor Janio confirmed that he was voting against the recommendation to note the petition;
(13) Councillor Knight confirmed that she was voting in favour of the recommendation to note the petition.
(14) The Mayor then invited Emma Daniel to present the petition concerning the costs of secondary school uniform in Brighton and Hove.
(15) Emma Daniel thanked the Mayor and stated that there was need to encourage schools to review the costs of uniforms and the number of items that were required to make-up a uniform that were branded and only available from a restricted number of suppliers. She also felt that there should be an upper cost limit for uniforms and hoped that the Council would work with the petitioners to get an agreed change across the city’s schools.
(16) Councillor Clare thanked Emma for her petition and noted that the final responsibility for determining the costs of uniforms and their supply lay with the various schools and their governing bodies. She acknowledged the work of her predecessor and that of Councillor Knight as the previous Deputy Chair of the CYPS Committee in seeking to poverty-proof the school day and encourage schools to address the costs of school uniforms. She also noted that the pandemic had impacted om the situation and hoped that different options such as having second-hand uniform available through the schools could be taken forward.
(17) Councillor Allcock moved an amendment on behalf of the Labour Group which sought to reassure the community that the Council wanted to work with Secondary Heads to help parents and to address the high cost of uniforms.
(18) Councillor Hamilton formally seconded the amendment and noted that more parents were now governors of schools and hoped that they could also help to influence change across the city.
(19) Councillors Bell, Knight and Hills spoke on the petition and the amendment and agreed that the matter needed to be looked at with a view to reaching a uniform cost for school uniform across the schools in the city.
(20) The Mayor thanked Ms. Daniel for joining the meeting and presenting the petition and noted that an amendment had been moved.
(21) The Mayor then sought the Council’s agreement to put the recommendations as amended to the vote which was agreed and he therefore called on each of the Group Leaders to confirm their position as well as the Groups in turn and each of the Independent Members.
(22) Councillor Mac Cafferty stated that the Green Group were in favour of the recommendations as amended and this was confirmed by the Green Group Members;
(23) Councillor Platts stated that the Labour Group were in favour of the recommendations as amended and this was confirmed by the Labour Group Members;
(24) Councillor Bell stated that the Conservative were against the recommendations as amended and this was confirmed by the Conservative Group Members;
(25) Councillor Brennan confirmed that she was voting in favour of the recommendations as amended;
(26) Councillor Fishleigh confirmed that she was voting in favour of the recommendations as amended;
(27) Councillor Janio confirmed that he was voting in favour of the recommendations as amended;
(28) Councillor Knight confirmed that she was voting in favour of the recommendations as amended.
(29) The Mayor confirmed that the recommendations as amended had been carried.
(30) RESOLVED:
That the petition be noted and referred to the Children, Young People & Skills Committee for consideration; and
That officers prepare a report for the Children, Young People & Skills Committee in March 2021 that:
details the uniform policy and associated costs for a child in each local authority secondary school, voluntary sector secondary school and secondary academy in our city;
describes the support currently available for any families experiencing economic hardship and struggling to ensure compliance with the uniform policy for their school; and
provides options to further reduce the financial burden of school uniform requirements on disadvantaged families (to be explored in partnership with school head teachers and governors).
To Receive Nominations for the Mayor and the Deputy Mayor-Elect for 2021/22
The Mayor noted that the next item was to nominate the Mayor-elect and Deputy Mayor-elect for 2021/22 and sought nominations for both roles.
Councillor Platts proposed that Councillor Robins should be the Mayor-elect for 2021/22 and this was seconded by Councillor Allcock.
Councillor Miller proposed that Councillor Mears should be the Deputy Mayor-elect for 2021/22 and this was seconded by Councillor Bell.
The Mayor noted that no other nominations were made for either role and therefore put the following nominations of Councillor Alan Robins as Mayor-elect and Councillor Mary Mears as Deputy Mayor-elect for 2021/22 to the vote which was agreed unanimously.
RESOLVED:
That Councillor Robins be nominated as Mayor-elect for 2021/22.
That Councillor Mears be nominated as Deputy Mayor-elect for 2021/22.
Call Over for Reports of Committees.
Callover
The following items on the agenda were reserved for discussion:
Item 72 - An Update on the Economic Strategy for Brighton & Hove
Item 73 - Covid-19 Recovery & Renewal Programme Update
Item 74 - Brexit Resilience & Planning
(b) Receipt and/or Approval of Reports
The Head of Democratic Services confirmed that the following reports on the agenda with the recommendations therein had been approved and adopted:
Item 71 - Review of Statement of Licensing Policy – Consultation Response Report 2020
(c) Oral Questions from Members
The Mayor noted that there were no oral questions.
Written questions from Councillors.
The Mayor confirmed that written questions from Members and the replies from the appropriate Councillor were taken as read by reference to the list included in the addendum which had been circulated prior to the meeting as detailed below:
Councillor Platts:
Will the Council consider improving the facilities, interior and area around Damson Block, Bowring Way on the Bristol Estate in East Brighton Ward?
This block needs some basic decoration internally and the public areas need to be upgraded. Lockdown has highlighted a poor internet connection to some parts of the block which is not strong enough to stream or pick up Freeview television as well as making it difficult for households to work from home or access Council services online. There is no TV aerial because that was removed. Residents would like to have fibre optic cable brought into the block.
The area around Damson block also needs serious attention. Cars and vans are frequently parked illegally and contractors’ vehicles have been parked on the grassed areas over many months now. This has churned up the grass making it muddy and unattractive. This area is the residents garden and it is not acceptable for contractors to keep claiming the Council has allowed them to park there. Internally, the bin and storage areas have been reported several times recently for overflowing rubbish and drug taking. The residents of this block want the Council to take some action on improvements; to stop illegal parking and to have a named housing officer responsible for each block so that actions needed can be noted and tracked.
Reply from Councillor Gibson, Joint Chair of the Housing Committee
Thank you for your questions on this block. I am sorry to hear of the concerns raised around Damson.
Damson is not currently programmed for any planned internal decorations. However, our surveyors will visit the block and review the condition and identify any repairs that need to be carried out in the short term.
I’m sorry to hear about the issues with parking. Our Car Parks & Garages team have now begun enforcement in front of Damson to address this. We are also reviewing whether further enforcement is needed in addition to this. We will be reseeding any grassed areas that contractors are using for parking associated with current work on the estate.
The block does have an up to date aerial system that is available for residents to receive both television and broadband services. Following your question, I have asked officers to check the system is operating correctly. We don’t have any issues currently listed with the operation of the system. If there are any problems residents can contact our Housing Repairs Help Desk and a repair will be raised to our aerial contractor.
I am sorry to hear about the issues with anti-social behaviour in the block. Our officers will look into this and review what actions we can take to address any issues arising.
Residents who do have any concerns with the block can access Housing support through either the Housing Customer Services team or the Housing Repairs Help Desk. Both services are operating and are the quickest way for residents to report any issues. We have found that this approach offers a more responsive and comprehensive way of dealing with issues that may arise than a named housing officer being responsible for each block. In particular, should that officer not be available or move on as often happens.
Councillor Platts:
Parking at Black Rock and on Madeira Drive - Can the Council confirm the amount of car parking spaces in Black Rock car park; to what extent these spaces have been under-used since the re-opening of Madeira Drive for car parking and the amount of parking on Madeira Drive itself?
Can you list separately the amount of revenue generated by use of on street parking in Madeira Drive and the Black Rock car park for the same period plus the parking charges per hour?
Reply from Councillor Heley, Chair of the Environment, Transport & Sustainability Committee
There are 61 spaces in the Black Rock Car Park and although this is underused since mid-October 2020 when Madeira Drive reopened this is consistent, seasonal behaviour.
Since reopening Madeira Drive currently has approximately 230 paid parking spaces which was reduced from 300 paid spaces following the introduction of the cycle lane on the south side. The parking on the north side is currently being reviewed as phase two of the reopening.
Income from Black Rock Car Park is £3,528 from 1,445 transactions since 18th October to the end of the first week of December while Madeira Drive is £57,175 income from 12,203 transactions. The parking charges are outlined in the Parking Annual report 19/20 which can be found on the Council website. It’s a very useful read. Changes made for this financial year and implemented in April / May 2020 were outlined at Budget Council in February 2020 and can be found in the Committee papers.
Councillor Allcock:
Labour was pleased to work cross party with the Greens to include School Streets as part of the Emergency Traffic Measures introduced during the Covid pandemic and we welcome the Administrations continuation of this scheme. The Council has said that the scheme will be reviewed after six months and that the impact of the measures will be monitored. Please can you provide details on:
• What form the review will take and what factors will be used to assess future viability;
• What plans are in place to move to a more permanent School Street arrangement at the schools where the scheme is judged to be successful; and
• How the schools involved and the fantastic School Street volunteers who work in all weathers are being updated on progress.
Reply from Councillor Heley, Chair of the Environment, Transport & Sustainability Committee
Through the Emergency School Streets Programme, nine closures have been implemented outside the city’s schools since September, with the fantastic support and goodwill of parents, carers and community volunteers. Of those nine schools, four are currently continuing, having secured enough regular volunteers to operate a closure with limited council support.
The wider project was paused at the October half term so that we could assess the trial closures and look at how to deliver School Streets closures over the long term. To date, Experimental Traffic Regulation Orders have been used to close roads during the school run and physical barriers have supported enforcement of the closure. This has meant that volunteers have been required to put in place and then marshal barriers at school closures during drop off and pick up times.
While we are extremely grateful to the local community for volunteering their time to support these closures, we recognise that for School Streets to be sustainable in the long term, we also need to look at where physical measures could work. Plans are already underway for physical measures to be implemented at Brunswick Primary, Downs Junior and St Luke’s Primary schools by the end of March 2021.
We know that there is demand across the city for School Streets closures and are committed to delivering it to as many schools as possible. Officers are now looking at how closures can be implemented using physical measures, with the support of volunteers, as part of a future programme. Assessment criteria for School Streets is already in place and this would be used in any future programme to assess the viability of closures.
We will make sure that any changes to the way School Streets is being implemented is communicated to schools and to volunteers at the appropriate time.
Councillor Fishleigh - E-Scooters on the Undercliff between The Marina and Saltdean:
Please will the council erect large signs at all five access points onto the undercliff as well as by the three cafes on the seafront so that everyone knows that it is against the law to ride e-scooters down there. There are two access points in Saltdean, one in Rottingdean, one in Roedean and one at the marina.
Reply from Councillor Heley, Chair of the Environment, Transport & Sustainability Committee
Scooters are still illegal in the UK on the public highway except on private land or in licensed trials where Local authorities are working with hire operators. BHCC is not taking part in these because of their potential for misuse in areas where they are prohibited as well as concerns around safety, access, street clutter and sustainability. Misuse of e-scooters by private owners is a matter for Sussex Police who will prioritise enforcement according to available resources as they see fit.
As you will be aware, the Council introduced additional signing along the Undercliff two years ago following requests from ward members, and any additional signing would be counterproductive and increase clutter to what is a very scenic environment. Further sign clutter won’t resolve the issue of the illegal use of scooters.
Councillor Fishleigh - Cityclean Service over Christmas and New Year:
What measures have been put in place to ensure that both communal and household recycling and general waste bins will be emptied on a regular basis over Christmas and New Year and that we will not see a repeat of the overflowing bins and non-collections experienced last December, January and February?
Reply from Councillor Heley, Chair of the Environment, Transport & Sustainability Committee
Changes have been made to collection dates this year to account for collections affected by Christmas Day, Boxing Day and New Year’s Day.
These changes were published in Argus Christmas TV Guide at the weekend. A news release detailing these changes will be published shortly and will be available on the council website. It has been published in Homing In and will be shared on social media platforms.
Arrangements will be made to empty on-street bins on Christmas Eve to provide capacity for the festive period.
We encourage residents to manage their waste responsibly and minimise the additional waste produced by thinking about their purchasing.
If a resident has too much waste to fit in their bin, they can take it to a recycling point (if it’s recyclable), take it to one of the Household Waste Recycling Sites, or hang on to it until their next collection.
Fly-tipping of waste is illegal, and anyone caught will be issued with a Fixed Penalty Notice.
Councillor Fishleigh - Additional Communal Recycling and General Waste Bins:
Please can we have extra communal general waste and recycling bins in the following areas in Rottingdean Coastal over Christmas and New Year?
These are areas with hundreds of flats and fewer car users: Sussex Square, The Arundels, Rottingdean recycling point, Saltdean recycling points x 2.
Reply from Councillor Heley, Chair of the Environment, Transport & Sustainability Committee
I appreciate more waste is generated at Christmas.
However, we cannot provide additional bins as it is not possible to provide extra bins to all areas of the city – extra staff, vehicles and bins will be required.
As I have already mentioned, people need to manage their waste responsibly and minimise the additional waste produced by thinking about their purchasing.
If a resident has too much waste to fit in their bin, they can take it to a recycling point (if it’s recyclable), take it to one of the Household Waste Recycling Sites, or hang on to it until their next collection.
Fly-tipping of waste is illegal, and anyone caught will be issued with a Fixed Penalty Notice.
Councillor Barnett - Benfield Valley:
Brighton & Hove City Council’s Property Team, after extensive research, has advised the following:
That there is nothing to suggest from the property register that the lease dated 27/10/92 made between Hove Borough Council & Sainsbury Plc has been varied or that a sublease for 7 years or more has been granted (there is no requirement to register a lease for 7 years or less at the land registry).
The 1992 lease includes the following provisions of note:
(13) COVENANT TO KEEP VACANT LAND IN PROPER ORDER
To keep the land not occupied by buildings in a clean well cultivated and proper condition so far as is appropriate to the actual use of the Premises and so as not to cause injury to the environment of the area or any adjoining land and to forthwith comply at its own expense with any notice of a relevant authority whether served on the Tenant or the Landlord reasonably requiring the abatement of any such injury.
(14) TO PRESERVE TREES ETC
To keep trees shrubs and hedging on the Premises in good order and condition so far as reasonably possible and properly tended cultivated in accordance with the principles of good husbandry and pruned or trimmed and to replace all losses PROVIDED that so to do shall not interfere unreasonably with the use of the Premises for outdoor recreational and leisure purposes AND PROVIDED FURTHER that the same quantities of trees shrubs and hedging as at the date hereof shall be maintained hereafter and any revised layout thereof shall (before removal of the existing trees and shrubs and hedging) first be agreed with the Landlord which shall act reasonably in reaching such agreement with the Tenant
(16) NOT TO MAKE ALTERATIONS OR ADDITIONS
Not to erect any new or additional buildings on the Premises or any part thereof or make any alteration or addition whatsoever to the exterior of the buildings without the Landlord’s written consent (such consent not to be unreasonably withheld or delayed) PROVIDED that it shall be unreasonable for the Landlord to withhold consent with regard to any application for consent to build or to make alterations or additions to buildings used for or ancillary to a use permitted by Clause 3(8) hereof.
(18) NOT TO ASSIGN ETC WITHOUT CONSULTATION/CONSENT AND ASSIGNMENT ETC TO A COMPANY
The Tenant covenants with the Landlord not to share possession or occupation or grant licence to use or grant third party rights over the Premises or any part or parts thereof
According to the official copy of register of title (Land Registry) the following information relating to the current tenants Benfield Investments Limited regarding the title absolute:
(27/09/2004) PROPRIETOR: BENFIELD INVESTMENTS LIMITED (Co. Regn. No. 5121561) of 73 Church Road, Hove E Sussex BN3 2BB.
RESTRICTION: Except under an order of the registrar no disposition of the land edged blue on the filed plan or any part thereof made before 12 May 2080 is to be registered without the consent of Capital and Regional Estates Limited or their successors in title in accordance with clauses 7.1 and 7.2 of the Transfer dated 12 May 2000 referred to in the Charges Register.
The price stated to have been paid on 10 September 2004 was £625,000 According to an Option Agreement lodged with the Land Registry dated 25/07/2016:
Benfield Investments Limited signed an Option Agreement with Futureform Global Investments Limited offering the land for development of 814 dwellings with a purchase price of £25,236,750
Given the information above, including the confirmation that the 1992 lease is still in effect, I have the following questions:
Has the Tenant Benfield Investments Limited broken section 3 clause 14 of the lease above by clearing a large area of land, as reported by the Argus on 5 April 2017?
https://www.theargus.co.uk/news/15203948.amp/
Has the Tenant Benfield Investments Limited broken section 3 clause 16 of the lease by signing an option agreement with Futureform Global Investments in 2016?
Has the Tenant Benfield Investments broken section 3 clause 18 of the lease by subletting the land to Brighton Footgolf?
Reply from Councillor Mac Cafferty, Leader of the Council
The works undertaken in 2017 were at the request of the council to ensure that the demised area was maintained and well cultivated in accordance with the provisions of the lease. The works were discussed in advance with council officers with regard to the lease and also council planning officers to ensure compliance with planning requirements. The tenant did not breach the lease when undertaking these works.
With reference to clause 18(b) an option to purchase would be a third party right, however, the option agreement [a copy of which is attached for your records, please refer to clause 10] does make clear that any sale/assignment of the lease, which is what the option guaranteed, would be subject to the prior consent of the Landlord. The landlord in this context is the council. Therefore, we do not consider that the courts would consider this to be a material breach of the lease as the developer was aware that the council would need to give final consent to enable the option to be effective. In addition, the option to purchase has expired. Had the developer wished to proceed with the option, they would have needed to do so by 1st January 2020, which was the long stop date for the agreement [see clause 4.5].
There has been no subletting and therefore no breach of the lease. Brighton Footgolf are contracted run the operation on behalf of Benfield Investments. There has been no passing of responsibilities to Brighton Footgolf – all responsibilities and rights remain with Benfield Investments.
Councillor Barnett - Benfield Valley:
At the last council meeting I asked you the following oral question: I refer to the council land comprising Benfield Valley Golf Course that I understand is currently on a long-lease.
Residents in my ward have since 2006 had to fight against proposal after proposal for housing developments on this land.
I recently met with one of the leaseholders who said he would be happy to enter negotiations with the council to discuss the council potentially buying back the long-lease.
Will the Leader of this Green Council consider buying back the long-lease and making the land part of the South Downs National Park to end these perpetual battles and protect it for ever from development for the benefit of our City.
Thank you.
In your response you said you would investigate the matter and write back to me. I have not yet received the response promised.
Please could you write back to me so that I can advise residents in my ward?
Please can we have extra communal general waste and recycling bins in the following areas in Rottingdean Coastal over Christmas and New Year?
These are areas with hundreds of flats and fewer car users: Sussex Square, The Arundels, Rottingdean recycling point, Saltdean recycling points x 2.
Reply from Councillor Mac Cafferty, Leader of the Council
Following the question above Council officers contacted the long lessees to establish whether they were willing to enter into discussions on the surrender of the lease.
My apologies for the delay in providing a response, the long lessee has only recently responded. The long lessee is committed to retaining their interest in the site in the short term and therefore discussions with the council regarding the surrender of whole or part will not be progressed at this stage.
Councillor Simson - South Down Riding School:
Please can I have the information asked of the Chief Executive of the Council on the 8th October with a reminder sent on the 19th October? Has Southdown Riding School, at the top of Bear Road, been informed by the council, as the landlord, that they have to vacate the premises next year and is this with the intention of building on the land as one of the urban fringe sites that residents are fighting so hard to stop the development of in City Plan part 2?
Reply from Councillor Mac Cafferty, Leader of the Council
Our agents Savills have held discussions and onsite meetings with the tenant of South Downs Riding School following a complaint about the premises being used for and as an illegal waste transfer station. The expiry date of the lease is 29th September 2021 and given the ongoing review of land use management policy and the need to incorporate changes an early indication was given to the tenant that the council might seek to terminate the lease, albeit formal notice has not yet been served. No consideration has been given to the future use of the site beyond tidying up the yard and allowing regeneration of the land. Any longer-term options will be presented to the Asset Management Board and/or any future advisory panel borne out of the council’s Whole Estate Plan.
Councillor Simson - Empty Council Houses:
Please can you tell me how many empty council homes there are in the city currently, how long the longest one has been empty for, and why the Council is ripping out perfectly good fittings from vacated homes at enormous expense when it was agreed several years ago this wasn’t going to be done anymore?
Reply from Councillor Gibson, Joint Chair of the Housing Committee
I would be concerned if we were ripping out perfectly good fittings at enormous expense and would welcome more information on situations where it has been reported that this has happened so I can look into this in more detail.
There are some circumstances where we may take out fittings.
Fittings may be removed from an empty property where they are non-standard and will have significant implications for future maintenance. This can include where a tenant has carried out work themselves, for example non-compliant doors, or where we can’t maintain or ensure health & safety standards are have been met, for example decking or fitted appliances.
Councillor Mears - Update on Re[airs & Maintenance to Council Housing Stock:
Following on from a report - Update on Repairs & Maintenance to Council Housing Stock - that went to the Housing Committee on the 16th September 2020, why was the internal Audit report presented to Audit and Standards committee on the 27th November 2020 never been shown to the Housing Committee on the 16th September or the 18th November committee meeting?
The Housing Committee has Delegated Powers under the Council’s Constitution. Therefore, this also raises a number of other questions:
After spending £9.3m the procurement reports states that Service Management has identified that it requires additional resources to deliver a full service. How much extra is needed, and when will this be reported to Housing committee as this is paid from the HRA Budget?
The conclusion in the October 2020 report states that only Partial Assurance can be given on the operation of the new service and related systems. When will Full Assurance be given for the service?
Audit found that the service has not yet contracted with enough subcontractors to meet the needs of the service. When will this be put in place?
The internal Audit report includes eight high priority actions for improvement, which have been agreed with management. Please give details of all eight actions needed.
Please give details of the medium priority actions needed for improvement with the service.
Reply from Councillor Hugh-Hugh-Jones, Joint Chair of the Housing Committee
A summary of each audit report undertaken is reported to Audit and Standards Committee as soon as it is practical to do so. Reports do not routinely go to other committees, but this does happen in some cases. The report considered at Audit & Standards committee on 27 November is available on the council website. We will also circulate the link to this report to all Housing Committee members. A report updating Housing Committee on the Housing Repairs & Maintenance service, including an update on the Internal Audit will be presented to our next Housing Committee in January.
In terms of response to your specific questions:
Any additional resources needed for the service over and above the current budget for 2020/21 will be included within the HRA budget report going to January’s Housing Committee.
A follow-up audit will be included in the 2021/22 Internal Audit Plan. This audit will follow-up on the findings and the agreed actions reported in the audit report dated October 2020. It will also consider any changes in the service and emerging risks in the intervening period. Following the audit a revised audit opinion will be given which will be one of the four opinions agreed with the Audit & Standards and Committee. These are “Substantial”, “Reasonable”, “Partial” and “Minimal” “Assurance. Until the completion of this piece of work it is not practical for the Internal Audit Service to provide a revised audit opinion. In the meantime, I would just like to point out that if your colleagues on Audit & Standards had had any concerns about this, they did have the option of requesting housing management officers attend a future meeting of Audit & Standards.
We have continued to directly engage contractors where required over the course of this year. We will be commencing further work for our contractor supply chain for Repairs & Maintenance early in 2021 ahead of the current arrangements ending in 2022.
4. and 5. We will provide these details to Housing Committee in the January update report.
Councillor McNair: Mobile Phone Masts
Through what mechanism, for example a supplementary planning document, could 5G mast developers with prior approval be required to provide suitable camouflaging of cabinets and base stations, and would you support the implementation of such a mechanism?
Reply from Councillor Heley, Chair of the Environment, Transport & Sustainability Committee
Masts, cabinets and base stations are often ‘permitted development’ – this means they don’t require prior approval or a planning application. Where, the installation of a mobile phone mast still requires prior approval – the decision needs to be made within 56 days and only ‘siting and appearance of the development’ can be considered as part of making the decision.
The council therefore has limited control this type of development. Given this, and the Government’s published intention to extend permitted development to allow 5G Masts and equipment without even prior approval, the request to prepare Supplementary Planning Guidance can’t be supported. It couldn’t be used by officers and it wouldn’t be a good use of officer time.
Councillor Theobald - Patcham Roundabout:
The Patcham roundabout (London Road) is the gateway to the City for many visitors and residents of the City. The roundabout is in a very poor condition and has been for many years now. It is not a good advert for our City and disappointing for residents who want to see our city kept well presented.
Patcham Councillors were promised that work would start this year on landscaping the roundabout to improve the visual amenity of this entry point to the City.
This hasn’t happened to date.
Please provide an update on the status of this work.
Reply from Councillor Heley, Chair of the Environment, Transport & Sustainability Committee
Work is in progress to reach an agreement between Highways England, the council and a contractor for these works to go ahead. The roundabout is owned by Highways England and therefore a 3-way contractual arrangement is required which is agreed by all parties. Negotiations and due diligence and progressing and we hope this will be finalised shortly so that works can start in the New Year.
The Mayor then called an adjournment for a refreshment break from 6.30pm to 7.00pm.
Oral questions from Councillors
The Mayor noted that 16 oral questions had received and that 30 minutes were set aside for the duration of the item. The Mayor then called on Councillor Platts to put her question to Councillor Heley.
Councillor Platts asked the following question; The Labour Group worked over several months with the Executive Leadership Team to design a new senior management structure that would have covered all the bases and saved over £116k from the council’s budget. We are disappointed to see these plans dropped without consultation and new posts advertised of salaries of over £100k. We find this particularly inappropriate given the number of people losing their jobs, businesses and livelihoods in our city right now. Will the Leader of the council explain why they have dropped the Labour Group’s plans to save over £100k from the salaries budget?
Councillor Mac Cafferty replied; Obviously we don’t always agree on political matters but there has always be a broad understanding and clarity that ensuring that the senior management team is fit for purpose is important. We are looking at the restructure still and to be clear we are looking at savings as well. I do have to say that the city needs leadership on some of the big issues and these are significant leadership roles, managing large numbers of staff right through to ensuring effective management of multi-million-pound projects. For example, with the Executive Director for Children, which obviously has a significant legal responsibility as well. I think it is fair to say as well, that the situation that we were handed in the summer, if we are going to talk about saving money, there were temporary directors so they were hired through recruitment agencies and were being paid £900, a day and that is going to be compared to putting these people in place permanently and that will be on a day rate for example for an Executive Director of £803. So, by day 100 of the new contract for the new Executive Directors we will have saved the taxpayers money.
Councillor Platts asked the following supplementary question; In whatever plan the Administration comes up with will they stand by their commitment to close the gap amongst black minority and ethnic workers and ensure that all members of the Executive Leadership Team receive equal pay?
Councillor Mac Cafferty replied, I do know and I am happy to provide you with the specifics on these as well but the percentage of BME applicants has increased over the last few years and it has been increasing at a steady slow pace over the last 5 years and we are hoping that with the continued work, for example in January we are going to be doing an internal audit on recruitment and that is going to be a key part of the way we look at our recruitment. It is a really important issue I am happy to get you these specifics on that in writing as well.
Councillor Bell asked the following question; I am assuming that the Leader of the Council supports the city tourism sector as he sits on the TECC committee?
Councillor Ebel replied; Yes.
Councillor Bell asked the following supplementary question; Considering income from tourism for the city of circa £900m a year, which is more than the council’s annual budget, and accounts for 14% of the city’s employment in the city and the city being rated only 70th out of 105 seaside towns, would you then now inform the chamber tonight what projects you have and what actions you are taking as a Green Administration, what will you be proposing which will support tourism in the city? I would also ask this council and the Administration to request that these council Members do not speak against the tourism in the city in the media.
Councillor Ebel replied; We do quite a lot on tourism. Since 1 April
Offered complimentary annual VisitBrighton partnership to 525+ tourism businesses, ensuring their businesses continue to be promoted throughout the pandemic,
Sent 117 newsletters to citywide tourism stakeholders giving timely updates on COVID, messaging, legislation, guidance, grant funding etc and latterly BREXIT related guidance, which have an average open rate of 32.97%,
Established a ‘Business Support Hub’, supporting tourism businesses in the City through COVID Business Support Hub - Visit Brighton ,
Promoted, maintained and updated visitbrighton.com with positive Brighton & Hove messaging, advising visitors of current COVID guidance and detailing ‘Good to Go’ accreditation for businesses whilst offering inspiration for trips in the future, attracting 950,000-page views,
Communicated with 61,012 followers on Twitter, 28,968 on Facebook and 24,796 on Instagram, promoting both the on and offline offers of local tourism businesses,
Promoted the #nevernormalbrighton tourism recovery campaign; Brighton doesn’t do ‘normal’, has never done ‘normal’ and never will! Designed to give residents, day visitors and regional staying visitors the confidence to return to the City, it has been promoted via citywide poster advertising, regional local papers, digital advertising at local stations, sponsored advertising on social media channels and via The Metro,
Secured £1.3m worth of positive destination coverage in regional and national titles including: The Sunday Times, Daily Telegraph, Discover Britain, and Olive Magazine,
Worked with conference clients throughout the lockdown period to re-schedule events cancelled throughout 2020, ensuring that they return to Brighton & Hove in 2021 and beyond,
Worked collaboratively with pan-Sussex organisations, Tourism South East, Tourism Alliance, VisitEngland, VisitBritain and the Cabinet Office, ensuring that the needs of the Brighton & Hove visitor economy is represented.
Besides that we have also been working on a culture recovery fund because we believe that what is important is that people come to our city because of the culture and entertainment our events offer so while we are working on that we are supporting our local creative industry and businesses because it is really difficult at the moment and we want them to survive so that in the future visitors are still attracted to our city. If you have any follow up questions, I am happy to do that by email.
Councillor Appich asked the following question; During the lockdowns we have seen a significant increase in the public use of parks as well as cycling and walking across our city fortunately this has continued after the 2nd lockdown and we are seeing unprecedented numbers of residents and visitors visiting the seafront and our parks. What we don’t have is access to toilet facilities in seafront pubs and restaurants . This combines with significant pressures to our now existing facilities so there are now huge queues when the weather is nice at the Hove Seafront toilets. This has had a significant impact on some of our older and disabled residents who have contacted us in the Labour Group and expressed their concerns. You will all agree that it is excluding a large number of people from going outside which is the net impact of not having enough facilities due to the lack of these toilets it is grossly unfair that this is discriminatory to a whole group of our citizens. What are the plans for introduction of more publicly accessible toilets, including specialist disability facilities?
Councillor Heley replied; I am happy to speak to you about this in more detail but Healthmatic, as you probably know, are contracted to clean and maintain toilets across the city on behalf of the council and Cityclean manage them. I believe in 2018 there was a decision to start charging for toilets for the purpose of renovating our current ones to make sure they are ok and assessing needs of other parts of the city. So on this specific point I will get back to you and accessible toilets that is something that I really care about and am happy to chat more about the details.
Councillor Appich asked the following supplementary question; Many of our toilets are fundamental to the health and wellbeing of our community as we have already discussed. You will agree that we do not want to lose any of these scarce facilities. Will you agree to a nomination of these toilets as assets of community value?
Councillor Heley replied; That sounds like an interesting idea, I will definitely look into it.
Councillor Nemeth asked the following question; We appreciated the upright answers that were given by the Leader of the Council at the last meeting of Full Council and were particularly impressed by the Leader in ensuring that all questions were answered when he could easily have hidden away after the 30 minute cut off, so thank you for that.
In response to my question I was told that a secret agreement existed between the Green and Labour Groups and that it wouldn’t be released, fair enough. It was sadly leaked anyway and of course confirms what we asserted which is that opposition councillors have agreed not to oppose. Given that opposition councillors are still taking opposition wages and it is in black and white that opposition functions are not being carried out would the Leader support the review by the relevant council body into the legality of this situation.
Councillor Mac Cafferty replied; As you well know Councillor Nemeth, the appointment to committees were agreed at Full Council and it was open to all members of a committee to scrutinise the policy which you, or any other member, could have done as a member of any of the committees. I think I am also rather dismayed, we are in the middle of a pandemic and instead of keeping the focus on doing the best for our city your questions are repeatedly on the same matter, you asked virtually the same question 2 months ago. The city needs action it doesn’t need this sort of spat.
Councillor Nemeth asked the following supplementary question; Regardless of the technicalities, just mentioned, does the Leader of the Council agree that such a situation, which includes secret pre-meets, pre-agreed policy positions does not fully tally with the Green Party’s manifesto aspiration to make Brighton & Hove the most democratic city in the country?
Councillor Mac Cafferty replied, When we are talking about democracy I’m afraid I won’t be taking lectures from a party that have seen fit to break national law and obligations over Brexit and indeed councillors failing to comply with the council’s own Code of Conduct for Members. So I’m sorry but I am not going to be taking lectures on this. The appropriate process came through the relevant council bodies. Even some of the joint working that is notionally secret has been agreed on places like Housing Committee. Not only was it made public, but it was actually voted on at committee as well. Also, this isn’t a secret deal, we published, and I believe the Labour Group as well published, soon after the local elections In June last year I believe. We both published statements saying that we were intending to work together because we wanted to put the best interests of our city first.
Councillor Janio asked the following question; Just to correct Councillor Mac Cafferty on the last point, the Government didn’t in fact break the law because they didn’t put forward those amendments.
As part of the post Brexit overhaul of procurement practises the recently published Green Paper transforming public procurement means that councils may soon be allowed to limit bids for some contracts to local businesses and social enterprises, thus boosting local economy. This greater local control, it is hoped, will also help the UK meet its’ net zero carbon target of 2050. Will the Leader of the Council agree with me that with the UK finally and fully leaving the European Union on 1 January and thus no longer being forced to follow the shockingly unethical procedures currently laid down by the European Union, the Green Paper will provide Brighton & Hove City Council with a historic opportunity to overhaul its procurement regime?
Councillor Mac Cafferty replied; I think what we have been seeing around the country over recent years is that actually a whole series of councils have been looking at the entire way in which they procure products. They have been breaking down contracts into smaller streams and so on and I think that is the route to go down so that you can actually begin to allow local companies a say in what has happened as to procurement.
I am not too clear what Cllr Janio is trying to say other than I assume he supports Brexit, but I think that we have a number of the powers already. I am not too clear on how praiseworthy his proposal is.
Councillor Janio asked the following supplementary question; Would the Leader of the Council commit to not only an extension of previously successful ‘Buy Local’ initiatives but now also, from 1st January, focus a campaign on ‘Buy Local, Buy British‘.
Councillor Mac Cafferty replied; We have already supported several times the ‘Buy Local’ campaign, and I know that when the Conservative administration was last around that they had ‘Buy Local’ campaigns and believed to be fair administrations since have been supportive of local businesses. I think critically recovery from the pandemic is going to have to be a realisation that we all have to support local businesses.
Brighton & Hove is in Britain and if he what he is looking for is determination by that answer that we buy British products as B&H is in Britain, then yes, we will be buying British products.
Councillor Fishleigh asked the following question; Lockdown confirmed how vital our city’s parks, playgrounds and other public green spaces are for our physical and mental well-being. How well these assets are maintained is a reflection of our city’s values and priorities. Cityparks receives a fraction of the council’s annual budget and is a genuinely low-cost service that can be enjoyed by residents regardless of their income or where they live.
Please, would the council look at every way possible to
increase Cityparks' budget in 2021/22, so that additional
people can be recruited for enforcement, graffiti
removal, organising volunteer teams and, perhaps most
importantly, ensuring that all external
funding sources are continually investigated.
Councillor Heley replied; I agree that Lockdown has shown how important our parks and green spaces are. I recognise the need to make the most of volunteers and external funding opportunities in our parks and open spaces and have taken measures to improve Cityparks ability to secure funding, facilitate volunteering and spend funding which we already have.
In the new year 1 full time and 1 part time post holder will start in the tree section to facilitate and secure funding for the tree planting we want to see in the City. In addition, two new posts funded from the capital we have generated from external sources to spend some of the money we have already secured this will free up other team members to look for additional funding from elsewhere. Environmental Enforcement Officers do patrol parks and open spaces to deter environmental crimes. Cityclean operatives remove graffiti from the council’s property within parks.
Councillor Fishleigh asked the following supplementary question, All councillors received an email from a respected member of the City Parks team outlining the need for these posts and I don’t think you’ve answered my question so I will leave it at that.
Councillor Wilkinson asked the following question; Fly tipping is a major concern to many of the residents in my ward as well as being an issue that affects all parts of the city and is on the increase, especially since the pandemic. There are not many areas where examples cannot be seen and its negative impact on the wellbeing of residents can be seen with it being a source of pollution and a danger to public health. Dealing with this has a significant cost to the council, what plans do the Administration have to improve enforcement against fly tipping and in particular curb-side fly tipping?
Councillor Heley replied; In October, we launched a clampdown on fly-tippers by installing CCTV and Automatic Number Plate Recognition (ANPR) cameras. Over 70 fixed penalty notices have been issued to date and I am happy to discuss the strategy for curb-side fly tipping.
Councillor Wilkinson asked the following supplementary question; does the Administration have any plans to develop a robust and effective strategy to deal with the increasing amounts of fly tipping across the city and if not will it consider doing so with a comprehensive review into the situation so as to develop a suitable strategy to address the problem?
Councillor Heley replied; We are developing a waste strategy and I am happy to discuss this with Councillor Wilkinson outside of this meeting and at committee.
Councillor Mears asked the following question; The Council’s anti-racist policy states to be a non-racist is not sufficient, institutions have to commit to anti-racist action, inaction would be to condone the status-quo. Given the policy, is it acceptable that the Leader of the Opposition has refused to provide answers to the local Argus newspaper over her role in an office which has been found to unlawfully interfered in anti-Semitism complaints?
Councillor Childs raised a point of order as the question was not directed to the Leader but rather to the Leader of the Labour Group and was not relevant to the Council business.
The Monitoring Officer stated that as the question related to another Member of another party rather than the Administration, it was within the discretion of the Leader to decide whether to answer or not.
Councillor Mac Cafferty stated that he felt it was inappropriate to answer on behalf of another Member, but he believed that all councillors wanted to fight racism and that Councillor Platts was amongst that number.
Councillor Williams asked the following question; given the current situation it is unlikely that local restaurants will be opening on Christmas Day to feed the homeless as has been the tradition in the past. What plans are being put in place to make sure our rough sleepers and homeless are cared for adequately this Christmas?
Councillor Gibson replied; There will be a Christmas SWEP opening from the 24th – 26th December providing food and resources. The council with partners has pursued a policy to provide accommodation and there are a small number of people who have not taken up offers. All of those will be invited to come into SWEP and they will be encouraged to take up a long-tern solution for accommodation.
Councillor Williams asked the following supplementary question; I am specifically concerned about the Christmas period and ask if it will be clearly publicised and information given to everyone so that they are aware of what is available.
Councillor Gibson replied; yes, there is the Street Link number and the provision available will be made known. There is a need to tackle the root cause and the aim will be to provide accommodation throughout the city to enable those rough sleepers to move off the streets. He wished to congratulate the officers involved to date and hoped that continued improvement could be achieved. He noted that the long-term structural change to have available accommodation was the important goal.
The Mayor noted that the 30 minutes set aside for oral questions had been reached and stated that he was therefore minded to call an end to the item.
Councillor Nemeth proposed that a further 10-minute extension be agreed, which was seconded by Councillor Simson.
The Mayor noted that an extension had been proposed and put this to the vote and called on the Leaders of each Group to confirm their position, along with the Groups and the Independent Members as follows:
Councillor Mac Cafferty stated that Green Group were voting against an extension of time and this was confirmed by the Green Group;
Councillor Platts stated that the Labour Group were voting against an extension of time and this was confirmed by the Labour Group;
Councillor Bell stated that the Conservative Group were voting for an extension of time and this was confirmed by the Conservative Group;
Councillor Brennan stated that she was voting against an extension of time;
Councillor Fishleigh stated that she was voting for an extension of time,
Councillor Janio stated that he was voting for an extension of time,
Councillor Knight stated that she was voting against an extension of time.
The Mayor confirmed that the proposal to extend the time for oral questions had been lost. He noted that the remaining questions would be carried over to the next meeting subject to the confirmation of those Members.
The Mayor was also mindful of the current raised level of feelings amongst Members and stated that he was adjoining the meeting for a short period to allow the atmosphere to cool and would reconvene the meeting at 7.55pm. He then adjourned the meeting at 7.47pm.
Review of Statement of Licensing Policy – Consultation response report 2020
RESOLVED: That the revised Statement of Licensing Policy as detailed in appendix A and revised by the Licensing Committee be adopted and that officers be granted delegated authority to make any minor, formatting and numbering corrections that may be required.
An Update on the Economic Strategy for Brighton & Hove
The Mayor noted that Councillor Fishleigh had wanted to seek some clarification in relation to the strategy but that this would now be sought outside of the meeting and therefore it was not necessary for it to be taken
RESOLVED: That the Economic Strategy be amended to remove the Productivity Commission as a priority action and that it be noted the objectives of the Commission will be pursued in other ways, as set out in Priority Action PA4 in Appendix 1 to the report.
Covid-19 Recovery & Renewal Programme Update
Councillor Platts stated that the report had been referred to the Council as she had been disappointed to find that the Recovery Sub-Committee meeting scheduled for November had been cancelled. She had hoped to be able to discuss the recovery process in relation to the pandemic given the number of people facing difficulties in city and the need for a sustainable solution. She hoped that all councillors would be consulted and involved in the recovery programme.
Councillor Bagaeen stated that he fully agreed and felt that detail was currently missing, and businesses needed clarity and help if the local economy was to recovery. He hoped that further information would be forthcoming.
Councillor Shanks stated that it was a difficult situation being faced by everyone and officers were working hard to ensure that action could be taken, and information provided. There was a need to support them at this time and she was certain that more information would be brought to both the Recovery Sub-Committee and Policy & Resources Committee.
The Mayor stated that the report had been referred for information and therefore moved that it be noted.
RESOLVED: That the report be noted.
Brexit Resilience & Planning
Councillor Clare noted that the report had been discussed extensively at P&R but that it was felt that it should be brought to Council for all Members’ attention.
Councillor Yates referred to pages 229 onwards and stated that the nature and scope of the challenge facing the council and the city was clearly outlined. There was on-going uncertainty and he noted that currently the council had identified 34 amber risks which had to be a concern for all Members.
Councillor Ebel noted that the transition period was due to come to an end and there would then still be a real challenge for everyone to face and a need to support everyone where possible. The Brexit Working Group was meeting regularly to oversee preparations and the tremendous level of work required in getting communications out. She wished to thank all the officers involved in the work and especially Dee Humphries.
The Mayor stated that the report had been referred for information and therefore moved that it be noted.
RESOLVED: That the report be noted.
NO CUTS TO UNIVERSAL CREDIT - LET FAMILIES KEEP THE £20 INCREASE
The Notice of Motion as listed on the agenda was proposed by Councillor Brennan as an Independent Member and formally seconded by Councillor Knight who reserved her right to speak later in the debate.
Councillors Fishleigh, Gibson, Evans, Nemeth and Knight spoke on the motion and Councillor Brennan thanked those for their supportive comments.
The Mayor then put the motion as listed to the vote:
This Council resolves to:
Request the Chief Executive to write to the Chancellor and the Prime Minister, imploring the Government to take necessary steps to ensure that the £20 increase to Universal Credit is made permanent and extended to claimants on legacy benefits; and
To request that the Chief Executive and officers work with other local government organisations, such as the LGA to form a coalition to pressure the government to make the £20 increase to Universal Credit permanent.
The Mayor called on each of the Group Leaders to confirm their position as well as the Groups in turn and each of the Independent Members:
Councillor Mac Cafferty stated that the Green Group were in favour of the motion and this was confirmed by the Members of the Green Group;
Councillor Platts stated that the Labour Group were in favour of the motion and this was confirmed by the Members of the Labour Group;
Councillor Bell stated that the Conservative Group wished to abstain from voting on the motion and this was confirmed by the Members of the Conservative Group;
Councillor Brennan confirmed that she was voting for of the motion;
Councillor Fishleigh confirmed that she wished to abstain from voting on the motion;
Councillor Janio confirmed that he was voting against the motion;
Councillor Knight confirmed that she was voting for the motion.
The Mayor confirmed that the motion had been carried.
ACTION TO REDUCE THE IMPACT OF FIREWORKS
The Notice of Motion as listed on the agenda was proposed by Councillor Fowler on behalf of the Labour Group and formally seconded by Councillor Grimshaw.
Councillors Hugh-Jones, McNair, Janio and Peltzer Dunn spoke on the motion and Councillor Fowler thanked those for their supportive comments.
The Mayor then put the motion as listed to the vote:
The Council calls for;
organisers of all public firework displays within Brighton & Hove advertise them in advance of the event, allowing residents to take precautions for their animals and vulnerable people;
officers to actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people – including the precautions that can be taken to mitigate risks; and
to encourage local suppliers of fireworks to stock ‘quieter’ fireworks for public display;
The Council further asks the Chief Executive to write to the Government urging;
the introduction of legislation to limit the maximum noise level of fireworks to 90 decibels for those sold to the public for private displays; and
The Council
also asks that any Government response is shared at a future
Council meeting.
The Mayor called on each of the Group Leaders to confirm their position as well as the Groups in turn and each of the Independent Members:
Councillor Mac Cafferty stated that the Green Group were in favour of the motion and this was confirmed by the Members of the Green Group;
Councillor Platts stated that the Labour Group were in favour of the motion and this was confirmed by the Members of the Labour Group;
Councillor Bell stated that the Conservative Group were in favour of the motion and this was confirmed by the Members of the Conservative Group;
Councillor Brennan confirmed that she was voting for of the motion;
Councillor Fishleigh was not present for the vote;
Councillor Janio confirmed that he was voting for the motion;
Councillor Knight confirmed that she was voting for the motion.
The Mayor confirmed that the motion had been carried.
SUPPORT UNITED NATIONS TPNW: ICAN CITIES APPEAL
The Notice of Motion as listed on the agenda was proposed by Councillor Evans on behalf of the Labour Group and formally seconded by Councillor Childs.
Councillor Clare moved an amendment on behalf of the Green Group which was formally seconded by Councillor Hugh-Jones.
Councillors Shanks, Nemeth and Janio spoke on the motion and Councillor Evans thanked everyone for their comments and confirmed that she could not accept the amendment.
The Mayor noted that the amendment had not been accepted and therefore put the amendment from the Green Group to the vote and called on each of the Group Leaders to confirm their position as well as the Groups in turn followed by the Independent Members:
Councillor Mac Cafferty stated that the Green Group were voting in favour of the amendment and this was confirmed by the Green Group Members;
Councillor Platts stated that the Labour Group were voting against the amendment and this was confirmed by the Labour Group Members;
Councillor Bell stated that the Conservative wished to abstain from voting on the amendment and this was confirmed by the Conservative Group Members;
Councillor Brennan confirmed that she was voting against the amendment;
Councillor Fishleigh confirmed that she wished to abstain from voting on the amendment;
Councillor Janio confirmed that he was voting against the amendment;
Councillor Knight confirmed that she was voting in favour of the amendment.
The Mayor confirmed that the outcome of the vote was tied and therefore he chose to use his casting vote against the amendment. He confirmed that the amendment had been lost and therefore put the motion as listed to the vote:
This Council notes;
That any nuclear weapon detonation by accident or intent would constitute a major humanitarian catastrophe, with consequences transcending national borders and having grave implications for the health and survival of current and future generations;
That the Treaty on the Prohibition of Nuclear Weapons negotiated under United Nations auspices and adopted by 122 UN Member States on 7 July 2017, will gain international legal force on January 22nd 2021, 90 days after being signed and ratified by the first fifty governments;
The important security, peace-building, safety and educational roles and responsibilities of local authorities worldwide, including through 'Nuclear Free Local Authorities' (NFLA) and ‘Mayors for Peace’, of which BHCC is a member;
That Mayors for Peace works with the International Campaign to Abolish Nuclear Weapons (ICAN, 2017 Nobel Peace laureate) and other partners in over a hundred countries to encourage cities to support the UN Treaty on the Prohibition of Nuclear Weapons;
This Council resolves;
To declare its support for the obligations and full implementation of the Treaty on the Prohibition of Nuclear Weapons;
To call on the UK government to work for global peace in a world free of nuclear weapons by signing and ratifying the Treaty on the Prohibition of Nuclear Weapons and working alongside other UN Member States for its full implementation;
To inform the Prime Minister, UN Secretary-General, Mayors for Peace and International Campaign to Abolish Nuclear Weapons of the Council's adoption of this resolution.
The Mayor called on each of the Group Leaders to confirm their position as well as the Groups in turn and each of the Independent Members:
Councillor Mac Cafferty stated that the Green Group were in favour of the motion and this was confirmed by the Members of the Green Group;
Councillor Platts stated that the Labour Group were in favour of the motion and this was confirmed by the Members of the Labour Group;
Councillor Bell stated that the Conservative Group wished to abstain from voting on the motion and this was confirmed by the Members of the Conservative Group;
Councillor Brennan confirmed that she was voting for the motion;
Councillor Fishleigh confirmed that she wished to abstain from voting on the motion;
Councillor Janio confirmed that he was voting against the motion;
Councillor Knight confirmed that she was voting for the motion.
The Mayor confirmed that the motion had been carried.
Closure Motion
The Mayor noted the meeting had been in session for 4 hours and in accordance with council procedural rules, he was required to move a closure motion. He therefore moved that the meeting should be concluded and put the motion to the vote.
The Mayor called on each of the Group Leaders to confirm their position as well as the Groups in turn and each of the Independent Members:
Councillor Mac Cafferty stated that the Green Group were in against the motion and this was confirmed by the Members of the Green Group;
Councillor Platts stated that the Labour Group were in favour of the motion and this was confirmed by the Members of the Labour Group;
Councillor Bell stated that the Conservative Group were against the motion and this was confirmed by the Members of the Conservative Group;
Councillor Brennan confirmed that she was voting for the motion;
Councillor Fishleigh confirmed that she was voting against the motion;
Councillor Janio confirmed that he was voting against the motion;
Councillor Knight confirmed that she wished to abstain from voting on the motion.
The Mayor noted that the motion had been lost and therefore moved to the next item.
POWER OF YOUTH CHARTER
The Notice of Motion as listed in the agenda was proposed by Councillor Clare on behalf of the Green Group and formally seconded by Councillor Heley.
Councillor Allcock moved an amendment on behalf of the Labour Group which was formally seconded by Councillor Williams.
Councillors Brown welcomed the motion and the amendment but because of the reference to reducing the age of voting to 16 asked that the Conservative Group’s opposition to such a change be recorded in the minutes.
Councillors Janio, Fishleigh and McNair also spoke on the motion and the amendment. Councillor Clare thanked everyone for their comments and confirmed that she was happy to accept the amendment. She hoped that the CYPS Committee would approve signing up to the Charter and improvements in communication and engagement with young people could be made so that they felt listened to.
The Mayor noted that the amendment had been accepted and that the Council was happy to move to a vote on the motion as amended, and therefore put the revised motion to the vote:
That this council:
agrees the importance of including young people’s voices in decision-making and commends the recent work on a ‘youth engagement’ action plan, which was created with young people themselves who worked hard on this initiative to ensure young voices have greater influence
commends the work of young people at the forefront of the Black Lives Matter movement, the Youth Climate Strikes, and in organising the Youth Climate Assembly
thanks Brighton and Hove Youth Council, YouthWise and Children in Care Council for their work in formally representing young people within council structures and recognises their importance
reaffirms its prior commitment to votes at 16
This council therefore:
agrees, subject to Children, Young People & Skills Committee approval, to sign up to the ‘Power of Youth Charter’, using the youth engagement report as a basis for showing how we will meet its aims;
requests the Children, Young People & Skills Committee receive a yearly report on actions taken against the Charter across the council;
commits to using our communication channels as councillors and political parties to support the work of young people, as per the charter
calls for a report to Children, Young People & Skills Committee, no later than April 2021, that:
assesses the methods the Council uses to engage with young people;
seeks to improve our communication with young people through a collaborative process; and
explores how young people are consulted and their views considered in all local policy decisions that impact them.
The Mayor then called on each of the Group Leaders to confirm their position as well as the Groups in turn followed by each of the Independent Members:
Councillor Mac Cafferty stated that the Green Group were in favour of the motion as amended and this was confirmed by the Green Group Members;
Councillor Platts stated that the Labour Group were in favour of the motion as amended and this was confirmed by the Labour Group Members;
Councillor Bell stated that the Conservative were in favour of the motion as amended and this was confirmed by the Conservative Group Members;
Councillor Brennan confirmed that she was voting for the motion as amended;
Councillor Fishleigh confirmed that she wished to abstain from voting on the motion;
Councillor Janio confirmed that he was voting against the motion as amended;
Councillor Knight confirmed that she was voting for the motion.
The Mayor confirmed that the motion as amended had been carried.
PUBLIC HEALTH AND SOCIAL CARE FUNDING
1) The Notice of Motion as listed in the agenda was proposed by Councillor Shanks on behalf of the Green Group and formally seconded by Councillor Nield.
2) The Mayor stated that he had been informed of a problem with the webcast which had not been working and had prevented the press and members of the public from being to watch the meeting. He was uncertain as to when the problem had arisen and stated that he would adjourn the meeting for a short period to ascertain if the problem could be resolved.
3) The meeting was adjourned from 9.53pm to 10.00pm.
4) The Mayor reconvened the meeting and stated that the problem could not be rectified and as such he was advised that the outstanding items should be deferred to the next meeting in January. He therefore sought Council’s agreement to adjourn the meeting and carry over the items to January.
Councillor Mac Cafferty stated that the Green Group were in voting in favour of adjourning the meeting and this was confirmed by the Members of the Green Group;
Councillor Platts stated that the Labour Group were voting in favour of adjourning the meeting and this was confirmed by the Members of the Labour Group;
Councillor Bell stated that the Conservative Group were voting in favour of adjourning the meeting and this was confirmed by the Members of the Conservative Group;
Councillor Brennan confirmed that she was voting in favour of adjourning the meeting;
Councillor Fishleigh confirmed that she was voting against adjourning the meeting;
Councillor Janio confirmed that he was voting against adjourning the meeting;
Councillor Knight confirmed that she was voting in favour of adjourning the meeting.
5) The Mayor confirmed that the proposal to adjourn the meeting had been carried and therefore the outstanding items would be carried over to the next meeting.
6) The Mayor thanked everyone and closed the meeting at 10.07pm.
REGISTER OF HERITAGE ASSETS
The item was deferred to the next meeting.
FIELD OFFICERS
The item was deferred to the next meeting.
COMMITMENT TO HELPING THOSE WITH HIDDEN DISABILITIES
The item was deferred to the next meeting.
Close of Meeting
The meeting closed at 10.07pm.
The meeting concluded at 10.07pm
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Signed
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Chair |
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Dated this |
day of
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2020 |