Agenda item

Questions by the Public

To receive questions from and provide answers to the public in relation to matters which 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, Plymouth City Council, Ballard House, West Hoe Road, Plymouth, PL1 3BJ, or email to democraticsupport@plymouth.gov.uk. Any questions must be received at least five complete working days before the meeting.

Minutes:

The Lord Mayor explained:-

 

a)    There had been a significant number of Public Questions received for the meeting and in order for all of those members of public in attendance at the meeting to get the chance to ask their question there would need to be a vote to suspend standing orders to extend the amount of time for the item.

The Council agreed to suspend standing orders to allow for a longer time for this item.

 

For (48)

Councillors Allen, Mrs Aspinall, Briars-Delve, Bridgeman, Carlyle, Churchill, Coker, Dr Cree, Cresswell, Dann, Drean, Finn, Goslin, Harrison, Haydon, Hendy, Holloway, Hulme, Laing, Loveridge, Lowry, Lugger, Dr Mahony, McDonald, McLay, Murphy, Nicholson, Noble, Partridge, Patel, Penberthy, Pengelly, Poyser, Reilly, Rennie, Riley, Salmon, Shayer, Singh, Smith, Stevens, Stoneman, Tippetts, Tuffin, Tuohy, Wakeham, Ms Watkin and Wheeler.

 

Abstain (0)

 

Against (0)

 

Absent/Did Not Vote (2)

Councillors Evans OBE and Darcy.

 

Councillor Darcy joined the meeting during this item.

 

The following questions were asked by Members of the Public.

The following question was asked by Jon Hill.

When will the Council fully repair Firestone Bay Pool and create a sea-based diving board pontoon?

A repairs programme has been developed to repair and ensue the longevity of Firestone Bay Pool, otherwise known as Devil’s Point Pool. Subject to funding agreement, the repairs will take place in the next season of 2024 with interim works undertaken this current spring to ensure it is available for users until this time.

 

 

The following question was asked by Mr Christopher Wood

Many residents are concerned about the road surfaces in the Compton Ward, they are frustrated that when they report potholes their submissions are often rejected and that when a pothole is repaired, others nearby are left untreated. What measures are the council taking to improve our highway network?

Highways inspectors follow up on all reported defects and work within the council approved guidelines to determine if an intervention is justified. These guidelines reflect national standards and are in place to enable the service to meet statutory (legal) obligations. We are currently trialling an alternative treatment process that would enable emerging and classified potholes to be treated concurrently. If successful, we intend to bring into use in 2023/24. Last year we have introduced a variety of remedial processes, which include: 1) Traditional resurfacing 2) Micro Asphalt – thin coat treatment 3) Surface dressing These prolong service life expectancy of affected section of Highway, offer a cost effective process and increase volume of repair across the City.

 

 

The following question was asked by Mrs Lois Lloyd BSc (Hons)

Plymouth’s reputation has been irreparably damaged worldwide by shocking Armada Way tree mismanagement, which inexplicably avoided formal Planning Application scrutiny, transparent equitable consultation accessibility and clear public information site signage. Are urgent governance improvements planned to prevent a repetition of exposing councillors and uninvolved planning officers to public outrage?

Thank you for your question. I read this on behalf of Councillor Bingley. It is clear that the national coverage of the Armada Way scheme has been skewed by a lack of appreciation of the wider sustainability and regeneration benefits of this project. However, I must emphasise again that improvements to the tired public realm of the city centre has been a longstanding policy commitment of this Council under both Labour and Conservative Administrations. Consultations have taken place in 2018, 2022 and 2023 and as Leader, I inherited a design approach and the fact that it had already been confirmed that planning permission was not required for the scheme. I remain of the view that this was the right thing to do and that the final scheme I agreed will result in a wonderful tree-lined zone whereby businesses and cafes and people feel safe. In time I am sure it will be appreciated as a vibrant piece of city centre regeneration. As required by the resolution of the City Council on 30th January 2023, we have conducted a thorough review of the consultation and engagement on the Armada Way project, which has been published on our web site and we will be working with key partners to implement the recommendations of that review.

 

 

The following question was asked by Kate Prettyjohns

The Devon Carbon Plan, section 12.2 puts the costs of net-zero primarily onto private companies and individuals. How much is this going to cost each individual in Plymouth on a yearly basis? When annually it’s likely to cost £50 Billion nationwide. How do you plan to impose these costs?

Thank you for your question. The Devon Carbon Plan has been produced by the Devon Net Zero Task Force, and not by the City Council, although we do endorse its principles. The Plan states that: 'Achieving net-zero by 2050 at the latest will require a major nationwide investment programme, led by national government, but largely funded and delivered by private companies and individuals.' This is in recognition that net zero can only be achieved through the actions of the whole of society. The Devon Carbon Plan is a partnership plan that invites - but doesn't impose - participation from local authorities, businesses and residents.

 

 

The following question was asked by Colin Joce

 n the growth and infrastructure overview and scrutiny committee on March 1st, James Stoneman stated "they (the people of Plymouth) want to see the council leading the way in the net zero action on the net zero action policy ".(1:10-1:11). I ask for unequivocal proof that supports this statement.

Thank you for your question. In the 2021 Plymouth Residents survey 85% of respondents were very, or fairly, concerned about the impact of climate change. In addition, the survey also highlighted that 85% of respondents said they were very, or fairly, active in reducing their impact on the environment. It remains my view that most people in Plymouth would wish to see the council responding to the existential issues we face as a society in relation to climate change. Not that I do - but if I needed any further proof on this point – over and above the unequivocal latest science from the IPCC report published last week – it would come from listening to young people and other Climate Advisors who I meet regularly to discuss these issues. As a City Council, we need to be exercising leadership in relation to climate change and certainly not denying its existence. We need to be working with businesses, partners and local people to make meaningful reductions in carbon emissions across all sectors to reflect the ambitious and unanimous decision of this City Council on 18th March 2019 to declare a climate emergency.

 

 

The following question was asked by Gary Wood

Has the portfolio holder had any enquiries from Cllr Goslin about parking restrictions on match days, as outlined in his election manifesto a year ago? Does the portfolio holder think that it was ever a feasible scheme?

The Portfolio Holder has not received any requests from Cllr Goslin in relation to parking restrictions on match days. Any request would be considered in accordance with relevant policy and alongside any other requests made to the Portfolio Holder.

 

 

The following question was asked by Ann Lannin

As part of the Devon Carbon Plan Plymouth is proposing to adopt Quiet Neighbourhoods. These proposals indicate that there will be changes and restrictions to movement around our city. Could you tell me when and where public consultations will take place?

Thank you for your question. I read this on behalf of Councillor Bingley. The Devon Carbon Plan is not a Plymouth City Council plan. It does not contain our own proposals, which were developed by Councillor Coker and the previous Labour Administration, for ‘Quiet Neighbourhoods: Connected Communities’. In any case, the guiding principles for the creation of ‘Quiet Neighbourhoods: Connected Communities’ is about healthier and safer communities not actions to unduly restrict movement around our city.

 

 

The following question was asked by Wayne Crow

There is an increased number of devices, which are varied in appearance, on public structures (eg, lampposts). What is their purpose/function? Who is paying the support/management of them? What data is being stored and how it is being used and how do I request access to that data?

‘Devices’ mounted upon our Street Lighting Columns are kept to a minimum due to our commitment in reducing street clutter and their impact on maintenance of the asset. We do have a number of ANPR and Bus Lane enforcement cameras that supports enforcement of Bus Lane restrictions, There are cameras that enable enforcement of speed restrictions and periodically, the police and PCC mount CCTVs on columns for surveillance activity. If you are able to identify particular locations we would be please to clarify their function and data capture arrangements.

 

 

The following question was asked by Lisa Jeffery

Were plans ever considered to include the existing trees & if so why the decision was made, which has been overwhelmingly opposed, to fell healthy trees at great expense just to replace them with trees which will take 20+ years to mature to anything like the ones that were felled?

Thank you for your question. Yes, we did look at including as many of the existing trees in Armada Way as possible. This is why I announced the pause to the project in November 2022.

 

 

The following question was asked by Peter McCorry

How much has Plymouth City Council spent on barristers and other legal costs challenging the interim injunction granted in order to prevent further tree felling and couldn’t these costs have been avoided if this administration had taken on board the overwhelming opposition to the proposed scheme incorporating widespread tree felling?

Thank you for your question. As the High Court hearing only took place last Friday, these costs have not yet been finalised.

 

 

The following question was asked by Carole Joce

Has a cost benefit analysis been conducted for the climate emergency action plan, the corporate carbon reduction plan as well as for the proposed net zero action plan 2023-2026, and if so, what are the detailed results?

Thank you for your question. No, these plans have not had a formal cost-benefit analysis, but this would not be expected for plans of this nature. However, the actions delivered and proposed not only realise climate-related benefits in reducing carbon emissions; many also bring co-benefits such as improving the efficiency of council services, helping with the cost-of-living crisis, improving biodiversity, and improving public health outcomes.

 

 

The following question was asked by Fi Smart

Considering the amount of heavy machinery and workforce needed to both fell the trees and implement security measures as well as time needed to mobilise such a large police presence during the tree felling process, how long before the felling had planning for this "urgent decision" been in place for?

Thank you for your question. I read this on behalf of Councillor Bingley. The Armada Way scheme has been a longstanding commitment of this Council. It has transcended various political administrations and the designs and project business cases have been developed for over 6 years, again under both Labour and Conservative Cabinet Members and Leaders under both Labour and Conservative Administrations. There have also been extensive consultations on our ambitions and vision for the city centre going back to 2003 through to the scheme consultations in 2018, 2022 and 2023. When the City Council met on 30th January 2023, the resolution was quite clear. Full Council asked us to undertake a community engagement process during February, which we did. It also resolved that once that engagement process was completed, and the results and final design published, Full Council wanted us to implement the scheme quickly to avoid on-going disruption to city centre businesses from the construction works. That is what we have done through the Executive Decision, which was prepared by officers during March and published at 17:54 on Tuesday 14th March 2023.

 

 

The following question was asked by Dr Kayla Parker

Prior to the current works on Armada Way, there were two carved lions’ heads in the Sensory Garden area adjacent to the Copthorne Hotel. What has been done to preserve these historic artefacts? Will the lion gargoyles be re-sited; and if so, where will they be located?

The Lion Heads have been preserved and reconditioned by local stonemasons. They are currently in place on display outside Ballard House.

 

 

The following question was asked by Suzanne Baronin Von Engelhardt

Will the Council be investigating the multiple incidences of reckless endangerment of Plymouth residents through the repeated breaches of minimum tree felling distances being ignored which was widely documented throughout the barbaric tree felling operation that took place on the evening of Tuesday 14th March?

Thank you for your question. The area of the Armada Way works is a Construction Design, Management (CDM) regulated site, and therefore all matters of public safety are the responsibility of the contractor. If there were, as suggested, ‘multiple incidences of reckless endangerment of Plymouth residents’ then evidence should be provided to the City Council immediately for investigation of such serious health and safety allegations.

 

 

The following question was asked by Alex Sampson

You used an executive order to ignore public consultation results and bypass scrutiny of elected Councillors. Executive orders concentrate power in your hands alone. Do you believe that executive orders are a democratic and appropriate process for decisions of such consequence as the removal of trees on Armada Way?

Thank you for your question. I respond on behalf of Councillor Bingley. I did not use an Executive Decision to ignore public consultation on Armada Way. The detailed report I considered set out all previous consultations including those supporting the scheme and those against it with a detailed consideration of all the issues with the project. There have been consultations in 2018, 2022 and 2023. It is a simple fact that whilst some object to the loss of the existing trees many local people, businesses and national and local agencies strongly support the scheme. I sought to balance all of these views in coming to a decision about the future of the project. The Armada Way project has been a longstanding commitment of both Labour and Conservative administrations, and is a specific commitment in our Joint Local Plan, a point strongly acknowledged by the Judge in the High Court last week. The Better Places Programme which includes Armada Way has transcended various political administrations and the designs and project business cases have been developed for over 6 years, again under both Labour and Conservative Cabinet Members and Leaders. The overall design approach and philosophy was set out well before I became Leader and in considering all the issues in the Executive Decision I had to decide whether we should proceed with a final design which made Page 35 further changes, including planting even more trees - not just in Armada Way, but throughout the City Centre and the St. Peter and Waterfront ward. It is also the case that the decision that this scheme did not require planning permission and was permitted development also preceded me becoming Leader. Executive Decisions are a normal part of the democratic decision-making process in local government. In some cases, Executive Decisions need to be urgently made. Where that is the case, the reasons for urgency have to be agreed by the Chair of the relevant scrutiny panel to ensure independent oversight of the executive. Again, this is the normal part of democratic decision-making process. In the case of my Armada Way Executive Decision published on 14th March 2023, the 6 reasons for urgency were approved by the Chair of the Growth and Infrastructure Overview and Scrutiny Panel after very careful consideration at 11.01 on 14th March 2023. I also understand he discussed the process for urgency with Councillor Penberthy. Last week, the High Court Judge said that there were points of public law that needed to be argued regarding the grounds of urgency in the report. We will be presenting our case on those reasons for urgency at a forthcoming court hearing.

 

 

The following question was asked by Paul MacNamarra

Drake residents liked the Conservative promise to “stop further intensification of HMOs in the streets around Plymouth University and go further by buying up properties and converting these back to single family homes”. How many Drake HMOs have been given planning permission since May 2021? How many have been purchased?

Since May 2021, the Local Planning Authority (LPA) granted planning permission for one new HMO within Drake Ward (planning reference: 22/01870/FUL). During the same timeframe, the LPA approved one planning application to remove a student-only restriction on an existing HMO (planning reference: 22/01162/FUL), approved one planning application for a single storey extension to an existing HMO (planning reference: 22/02069/FUL) and authorised 43 lawful use certificates for existing HMOs within Drake Ward. Plymouth City Council has not purchased any HMO’s to convert back into single-family dwellings in this period.

 

 

The following question was asked by Penny Tarrant

Will you commit to saving the trees that you unsuccessfully managed to fell on Tuesday 14th March after the interim injunction came into effect?

Thank you for your question. The position with the remaining 19 trees must be considered in light of the decision of the High Court on the injunction and any subsequent judicial review.

 

 

The following question was asked by Lynn Sears

Explain how alternative public seating to all those in the fenced compound areas and under piles of felled logs will be provided for all shoppers, but especially the elderly and disabled residents and visitors.

Thank you for your question. Following the court hearing on 24 March 2023, the Council will be making arrangements to clear the site in accordance with the terms ordered by the Court.

 

 

The following question was asked by Mike Sheaff

The “Better Places: Armada Way Scheme” report describes decision-making. Cabinet Members’ consultation (23 February); Corporate Management Team consultation (1st March); Equality Impact Assessment (2 March); and your determination that it constituted an “urgent” decision (14 March). When did you first see this report, and how did you involve OSC members?

I first saw the draft report and the reasons for urgency when the Monitoring Officer emailed it to me at 10:57 on 8th March 2023. I spoke to Councillor Penberthy in his role as Chair of the Scrutiny Management Board to discuss the process for any urgent decision, this was a theoretical discussion as he had not seen the decision paperwork. I gave detailed consideration of the reasons for urgency, including considering the City Council’s rules and guidance as well as that of the Local Government Association for Members. On 14th March 2023 at 11.01 I confirmed in writing, via email, to the Monitoring Officer that I was content to remove call in relation to the proposed decision.

 

 

The following question was asked by Ryan Aldred

Why have the Council gone ahead with tree felling without fully taking into consideration results of the so-called meaningful; engagement process which “demonstrate an overwhelming majority of respondents are opposed to the scheme” and are you not alarmed by the precedent for democratic deficit your administration has now set?

Thank you for your question. I read this on behalf of Councillor Bingley. I can confirm that I fully took into account the results of the Armada Way Engagement Programme 2023, both those for the scheme and those who opposed the scheme. The factual Armada Way Engagement Report was published on 14th March 2023. I also fully took into account the results of the 2018 and 2022 consultation and engagement debates as well as the letters of support for the scheme from:

- the Environment Agency

- South West Water

- SUSTRANS

- Historic England

- the Twentieth Century Society

- Devon Gardens Trust

- Homes England

- the City Centre Company

- the Devon and Plymouth Chamber of Commerce

- PADAN

- Destination Plymouth

- Visit Plymouth

- Plymouth Against Retail Crime

- High Streets Task Force

 

I also considered carefully the case for change and the policy context including the fact that improvements to city centre public realm has been a longstanding commitment of both Labour and Conservative Administrations. I also considered the resolution of the City Council on 30th January 2023. Finally, I considered the various suggestions to change the design, considered alternative designs, and in agreeing the final scheme recommended by officers issues of climate change and environmental resilience. On this basis, balancing everything in the round, I decided the right thing to do was to press on with the scheme with some further improvements including significant more tree planting and the retention of the one existing Category ‘A’ tree.

 

 

The following question was asked by Mark Thomas

Revising a new plan for Armada Way was rejected because funding COULD have been clawed back. We can assume then that Cllr Drean did not contact the DfT for a funding extension despite a recommendation by a scrutiny committee. We recorded Cllr Drean saying he would, why did he not?

First of all, if a recording was made at a meeting I held with ‘STRAW’ on 23rd February 2023 - specifically at their request - this was done covertly and without my knowledge or agreement. Secondly, the City Council has already told ‘STRAW’ in other correspondence following the meeting of the Performance, Finance and Customer Focus Overview and Scrutiny Committee held on 22nd February, which recommended that I write to the Department for Transport, that I was still considering this matter - and I continue to do so. This is because there is already an Assurance Review process being undertaken by the Department of Transport, which will consider the future timescales for the delivery of all TCF projects across the whole country.

 

 

 

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