To approve and sign as a correct record the minutes of the meeting held on 5 December 2011.  

Agreed that the minutes of the meeting held on 5 December 2011 are confirmed as a correct record.

Councillors will be asked to make declarations of interest in respect of items on this agenda.

The following declarations of interest were made in accordance with the code of conduct from councillors in relation to items under consideration at this meeting –

The Director of Corporate Services will submit a schedule of vacancies on committees, outside bodies etc and of changes to committees that have been made.  

(1)        Proportionality

Following the resignation of Councillor Berrow from the Conservative Group and his membership of the United Kingdom Independence Party, it was proposed that no changes were made to the committee or outside body membership.

The Assistant Director for Democracy and Governance gave advice that –

Following a vote, the proposal for no changes to be made to the committee or outside body membership was carried but was not unanimous.

Agreed that a review of proportionality would not be carried out and no further action would be taken.

(a)        To receive announcements from the Lord Mayor, Chief Executive, Director for Corporate Services or Assistant Director for Democracy and Governance;

(b)        To receive announcements from the Leader, Cabinet Members or Committee Chairs.

Bronwen Lacey, Director of Services for Children and Young People

The Lord Mayor referred to Bronwen Lacey, Director of Services for Children and Young People, who would be leaving the Council at the end of February after 14 years of service and, on behalf of the Council, wished her well in the future and presented her with a bouquet.

General who used to attend Southway School

Councillor Browne expressed concern that his request for an announcement relating to a General who used to attend Southway School, had not been included on the agenda today. 

Agreed that the announcement is made at the next meeting of the City Council.

To receive questions from and provide answers to the public in relation to matters which, in the opinion of the Lord Mayor, are about something the Council is responsible for or something that directly affects people in the city, in accordance with Part B, paragraph 11 of the Constitution.

Questions, of no longer than 50 words, can be submitted to the Democratic Support Unit, Corporate Services Department, Plymouth City Council, Civic Centre, Plymouth, PL1 2AA, or email to democraticsupport@plymouth.gov.uk. Any questions must be received at least five complete working days before the meeting.

Two questions had been received from members of the public in relation to matters which, in the opinion of the Lord Mayor, were relevant to the business of the meeting, in accordance with paragraph 10 of the Constitution.

In the absence of the questioners, the questions and responses were circulated and written responses would be sent to Mr Kerr and Mr Sharpe.

Cabinet Member: Councillor Michael Leaves

The City Council will be asked to consider the Cabinet recommendations. 

Minute 104 (of the Cabinet meeting held on 17 January 2012) and the report of the Director of Place on the sex establishment licensing policy will be submitted.

Councillor Michael Leaves (Cabinet Member for Community Services (Street Scene, Waste and Sustainability)) moved the Cabinet recommendations to the City Council on the Sex Establishment Licensing Policy (Cabinet minute 104 of the Cabinet meeting held on 17 January 2012 and the written report of the Director for People referred).   The proposal was seconded by Councillor Browne.

CouncillorPenberthy moved the following amendment which was seconded by Councillor McDonald –

Following an adjournment, the Assistant Director for Democracy and Governance advised that the amendment was not in order as it negated the original proposal. 

The Lord Mayor reminded councillors that personal remarks about officers were not acceptable.    

CouncillorPenberthy then moved a further amendment as follows -

The Assistant Director for Democracy and Governance advised that this amendment was also not in order as the City Council could not amend Cabinet decisions. 

Following a further adjournment, Councillor Penberthy moved an amendment as follows –

The amendment was seconded by Councillor McDonald.

The Assistant Director for Democracy and Governance drew councillors’ attention to the legal advice on pages 30 and 31 of the Cabinet report.

Councillor Thompson (Chair of the Customers and Communities Overview and Scrutiny Panel) indicated that the legal advice set out in Cabinet report had not been available at the meeting of the panel.

Following a debate, the amendment was put to the vote and the amendment was lost.

The main motion was debated and following a vote, it was agreed -

Joint Chair: Councillor Martin Leaves

The City Council will be asked to consider the Tamar Bridge and Torpoint Ferry Joint Committee recommendations and the report of the Director of Place and Director of Corporate Services on those recommendations. 

Minute 22 (of the Tamar Bridge and Torpoint Ferry Joint Committee meeting held on 2 December 2011) and the report of Joint Treasurers on the revenue estimates and capital programme 2012/13 to 2015/16 will also be submitted.

Councillor Martin Leaves (Joint Chair of the Tamar Bridge and Torpoint Ferry Joint Committee) proposed the recommendations from the Tamar Bridge and Torpoint Ferry Joint Committee: Revenue Estimates and Capital Programme 2012/13 – 2015/16 as follows (Tamar Bridge and Torpoint Ferry Joint Committee minute 22 of the meeting held on 2 December 2011 referred) –

The motion was seconded by Councillor Foster.

CouncillorWigens referred to advice contained in the written report of the Director for Place and Director for Corporate Services and moved the recommendations in the written report as an amendment.

The amendment was seconded by Councillor Nicholson.

Following a vote on the amendment, the amendment was carried.

The motion, as amended, was put to the vote and it was agreed that –

At the request of Councillor Wildy, the Lord Mayor, with the consent of the City Council, agreed to change the order of business to bring forward the motion on notice relating to changes to child benefit.

To consider a motion proposed by Councillor Wildy and seconded by Councillor Davey.

CouncillorWildy moved the following motion on notice for approval –

‘CHANGES TO CHILD BENEFIT

Council notes the recent announcement by the Coalition Government regarding legislation on Child Benefit.

Council recognises that the proposed changes are likely to penalise some families in Plymouth and could affect the Growth Agenda.

Council therefore resolves to request the Leader to write to the Chancellor on behalf of Plymouth City Council, requesting him to reconsider the proposed legislation on Child Benefit.’

The motion was seconded by Councillor Davey.

During the debate, the issues raised included that –

• the current proposals sought to limit child benefit to earners under £45,000;
• the limit would not apply to joint earners, leaving them able to claim twice the amount;
• child benefit was the only income of some women;
• money would be taken out of the Plymouth economy;
• those who did not need the benefit could choose to donate it to charity;
• all children should be valued equally;
• the proposals could put more children at risk.

The Leader indicated that she shared the concerns about the proposals and would be happy to write to the Chancellor.

Following a vote, the motion was agreed.    

The City Council will be asked to approve the pay policy statement.

The written report of the Chief Executive will be submitted together with the pay policy statement.

The Assistant Director for Democracy and Governance presented the written report of the Chief Executive on the pay policy statement.

Councillor Bowyer moved the recommendation in the written report and the proposal was seconded by Councillor Sam Leaves.

During the debate, Councillor Evans sought an early discussion on the challenges of shared services and he was advised that if he had a query, to make contact with Councillor Bowyer who would try to resolve it.

Following a vote, the pay policy statement was agreed, as recommended in the written report.

The Assistant Director for Democracy and Governance will submit a written report on a proposed amendment to the Constitution following a meeting of the Constitution Working Group.

The Assistant Director for Democracy and Governance presented his report on the constitution.

Councillor Bowyer moved and Councillor Lowry seconded the recommendation in the written report.    

Following a vote, it was agreed to revise the financial regulations to set an upper limit on revenue expenditure and virements at £100,000, as recommended in the written report.

To consider a motion proposed by Councillor Stevens and seconded by Councillor Tuffin.

Councillor Stevens moved the following motion on notice for approval –

‘COUNCILLORS INVOLVEMENT IN SECTION 106 AGREEMENTS

Plymouth City Council believes its Planning system must be seen to be acting in the interests of Plymouth, including agreed Planning Obligations and Gains.

Whilst recognising that each must comply with council planning documents, policies and guidance and Regulation 122 of the Community Infrastructure Levy Regulations 2010, contributions made under Section 106 of the Town and Country Planning Act must be seen to mitigate the effects of developments.

To this end, the allocation of any such contributions recommended as part of the Planning permissions will be subject to consultation with the relevant Ward Councillors at an early stage in the consideration of the application and before the decision is put before the Planning Committee or taken by an Officer under delegated authority.’

The motion was seconded by Councillor Tuffin.

The issues raised included –

• the need for involvement by elected representatives in consultation on Section 106 monies;
• the difficulties experienced in the process relating to West Hoe tennis courts;
• the Localism Act which promoted public involvement. 

Councillor Fry moved an amendment so that the amended motion would read as follows –

‘WARD COUNCILLORS INVOLVEMENT IN SECTION 106 AGREEMENTS

Plymouth City Council believes its planning system must be seen to be acting in the interests of Plymouth, including agreed planning obligations.

Whilst recognising that each must comply with council planning documents, policies and guidance and Regulation 122 of the Community Infrastructure Levy Regulations 2010, Planning Obligations negotiated under Section 106 of the Town and Country Planning Act must be seen to mitigate the effects of development.

To this end, where the need for a planning obligation is anticipated by a planning officer, Ward Councillors shall be consulted at an early stage of the planning application process.  The views of Ward Councillors on planning obligations will be sought and shall be considered in any decision taken by Planning Committee or by an officer under delegated authority.

Planning Services shall be instructed to prepare a Protocol on Ward Councillor Involvement in Section 106 Agreements, establishing the detailed framework for consultation in the formal pre-application and planning application processes, this report to be considered by the Constitution Working Group.’

The amendment was seconded by Councillor Lock.

During the debate on the amendment, the issues raised included –

• that councillors were now able to view the Council’s website to monitor the progress of section 106 monies in each ward;
• that the Constitutional Working Group would make a recommendation to the City Council.

Following a vote, the amendment was agreed.

The motion, as amended, was put to the vote and the amended motion was agreed.   

To consider a motion proposed by Councillor Williams and seconded by Councillor Rennie.

Councillor Williams moved the following motion on notice for approval -

‘ASSISTANCE FOR THOSE AFFECTED BY WELFARE BENEFIT AND TAX CREDIT REFORMS

This Council notes that a number of changes in welfare benefits and tax credit systems will be implemented over the next 12 months.

The Government intends to make the following savings through these changes:

• CPI indexation (£5.8 bn)

• Tax Credit changes (£4.51 bn)

• Housing Benefit reform (£2.02 bn)

• Child Benefit (£2.42 bn)

• Contributory Employment Support Allowance (ESA) time-limit (£2bn)

• Disability Living Allowance reform (£1.2 bn)

• Council Tax Benefit (£0.49 bn)

• Benefits cap (£0.27 bn)

• End to ‘asset –based welfare’ (£0.6 bn)

• Social Fund reforms

Inevitably there will be confusion and distress caused to people who have their benefits cut, whilst the cost of living continues to rise.

This Council resolves to –

Actively promote information about the changes in welfare benefits and tax credits and signpost those likely to be affected to appropriate organisations such as the CAB in order that they may provide advice and support.’

The motion was seconded by Councillor Rennie.

During the debate the following issues were raised –

• the proposed cuts would affect all sectors of the population;
• that the Council needed to be proactive;
• the impact on disadvantaged groups together with changes to child benefit;
• that Cabinet Members had started to undertake work on welfare reforms;
• information on the changes would be promoted;
• staff would signpost enquiries to the appropriate organisations;
• that there was an opportunity to work with credit unions;
• following budget scrutiny there was concern about the level of provision made and the capacity to deal with the issues;
• that the voluntary sector could not cope with the potential level of enquiries in the forthcoming months;
• thatcouncillors were unaware of the actions being taken. 

Following a vote, the motion was agreed.

(Councillors Berrow and Thompson declared personal interests in the above item.)

To consider a motion proposed by Councillor Evans and seconded by Councillor Williams.

Councillor Evans moved the following motion on notice for approval -

‘APPOINTMENT OF CHIEF CONSTABLE

Council notes the decision by the DC and IoS Police Authority to defer a decision on replacing Stephen Otter, the Chief Constable with a permanent replacement until after the forthcoming Police Commissioner elections.

Council also notes that, according to media reports, this decision is being reconsidered.

Council believes the best interests of policing in Plymouth and the force area are best served by a permanent appointment and requests our PA rep to lobby for the earliest possible permanent replacement.’

The motion was seconded by Councillor Williams.

During the debate, the following issues were raised –

• that there would be a hiatus in policing between Chief Constable Stephen Otter leaving  Devon and Cornwall Police and the new Police Commissioner elections in November 2012;
• that there were a number of senior police officers already acting up;
• that crime was rising in Plymouth;
• that the government were prepared to allow an appointment to be made but that the police authority had chosen not to do so;
• the disagreement on the composition of the Crime Panel.   

Following a vote, the motion was lost.

(Councillors Mrs Beer, Mrs Pengelly and Stevens having declared interests, withdrew from the meeting during consideration of the above item).

Questions to the Leader, Cabinet Members and Committee Chairs covering aspects for their areas of responsibility or concern by councillors in accordance with Part B, paragraph 12 of the Constitution.

In accordance with Part B, paragraph 12 of the constitution, the following questions were asked of the Leader, Cabinet Members and Committee Chairs covering aspects of their areas of responsibility -