Agenda and draft minutes

Council - Wednesday, 9 October 2024 2.00 pm

Venue: Council Chamber, County Hall, Matlock. View directions

Contact: Democratic Services  Email: democratic.services@derbyshire.gov.uk

Note: Please note that this meeting will be webcast 

Media

Items
No. Item

65/24

Apologies for absence

To receive apologies for absence (if any)

Minutes:

Apologies for absence were received from Councillors Allen, M Foster, Hoy, Iliffe, Musson, Nelson, Patten, Renwick, Smith and Wharmby.

CONTROLLED 

66/24

Declarations of interest

To receive declarations of interest (if any)

Minutes:

None received. 

CONTROLLED 

67/24

Chairman's announcements

Minutes:

The Chairman reported that the meeting was being livestreamed for the first time and would be available for playback through the Council’s website.  

CONTROLLED 

68/24

Minutes pdf icon PDF 121 KB

Additional documents:

Minutes:

On the motion of the Chairman, duly seconded it was

 

RESOLVED:

 

To confirm, as a correct record, the minutes of the meetings held on 18 July 2024.

CONTROLLED 

69/24

Report of the Leader of the Council and Members' questions

To consider the report of the Council Leader and Members' questions on the report

Minutes:

The Leader referred to the National Grid application to install pylons from Willington through to Staveley which might impact on significant areas of the east side of the county.

 

He also emphasised actions the Council had taken and referred to the  Council’s proposal that had been devised in response as part of the first stage of consultation.

 

He reported that the neighbouring local authorities across Derbyshire had also been approached and he expressed his disappointment with the tone of their individual responses.

 

In response to a question from Councillor E Fordham which sought clarification in relation to the engagement of other Local Authorities within Derbyshire, the Leader confirmed that he would expect that this Council would enter into dialogue with the other local authorities and with our own Members of Parliament as the process progressed.

 

In response to a question from Councillor Gillott which sought assurance that Officer’s advice and guidance had been adhered to in the final preparation of the report, the Leader confirmed this.

70/24

Public questions pdf icon PDF 75 KB

Minutes:

Question from David Ingham to Councillor B Lewis, Leader of the Council

 

“I attended the EMCCA meeting at Derby on 16-09-24 and asked a public question.

 

It was apparent that in the absence of Councillor Spencer, the Council failed to provide a substitute – with added confusion as to whether Councillor King or Renwick should have been there in his place. I appreciate Members may not always be able to attend meetings but clearly full Board representation is important. To illustrate, when considering the Borrowing and Amendment Regulations report, Councillor Lewis voted against a related motion. This was in isolation. I consider he may have benefitted in having a substitute Elected Member accompanying him who he may have chosen to liaise with prior to making a vote against.

 

I’m not sure what went wrong on 16-09-24 regarding substitute attendees but how can it be ensured going forwards there will be full representation from Derbyshire Elected Members at these important EMCCA meetings?”

 

As Mr Ingham did not attend the meeting a written response would be provided to him.

 

Question from Laura Stevens to Councillor B Lewis, Cabinet Member for Leadership, Culture, Tourism and Climate Change

 

“The latest Government data on greenhouse gas emissions broken down by local authority area show that the total emissions from Derbyshire fell by only 25.7% over 17 years between 2005 and 2022 to 8.1 million tonnes of CO2 equivalent in 2022. This is far below the national average of 42.7% and clearly far short of the reductions required to meet net zero targets and safeguard our climate and the ecosystems on which we all depend.

 

Bearing in mind that much of this comes from sources beyond the immediate control of the Council, what is the Council doing to put pressure both on local emitters and national policy makers to ensure that much faster progress is made in future, consistent with treating climate breakdown as the emergency it is?”

 

Councillor Lewis responded as follows:

 

“In line with the UK Government’s legally binding commitment, Derbyshire as you know needs to be net zero as a county by 2050 and that does involve decarbonising all sectors of our county, whether it be industry or local government.  The public sector actually accounts for 1% of Derbyshire’s emissions and they have reduced as you know by 56% since 2005.  The remaining 99% of the county’s emissions are outside our direct control and that of the wider public sector as well.  However, we do recognise the importance of enabling and our influencing role in that regard with these wider emissions and those sectors include transport, they can include waste, they can include domestic, they include industry and of course agriculture.

 

We have set out our priorities around decarbonisation here in Derbyshire as part of our Climate Change Strategy achieving net zero 2021-25 report, so in terms of Derbyshire’s emissions our latest data provided by the Department of Energy, Security and Net Zero shows that following the post-Covid increase  ...  view the full minutes text for item 70/24

71/24

Petitions

To receive petitions (if any)

Minutes:

None received.

CONTROLLED 

72/24

Proposed amendments to the Pay Policy Statement 2024 pdf icon PDF 101 KB

Additional documents:

Minutes:

The Managing Director introduced a report, which had been circulated in advance of the meeting, that sought approval to amend the Council’s Pay Policy Statement.

 

On the motion of Councillor S Spencer, duly seconded it was

 

RESOLVED:

 

To agree to update the Pay Policy Statement as set out in Appendix 2 to the report.

73/24

East Midlands Combined County Authority – Approval of draft Borrowing and Amendment Regulations pdf icon PDF 99 KB

Minutes:

The Director of Legal and Democratic Services and Monitoring Officer introduced a report, which had been circulated in advance of the meeting in relation to the East Midlands Combined County Authority and the approval of draft Borrowing and Amendment Regulations.

 

On the motion of Councillor B Lewis, duly seconded it was

 

RESOLVED to:

 

  1.     Consent to the proposed content of the Combined Authorities (Borrowing) and East Midlands Combined County Authority (Borrowing Functions) (Amendment) Regulations 2024 as described in the report, including the conferral of a general power of competence in respect of economic development and regeneration functions, as required by relevant enabling legislation, including the Levelling Up and Regeneration Act 2023, and;

 

  1.     Delegate to the Managing Director authority to consent on behalf of Derbyshire County Council to the making of the Combined Authorities (Borrowing) and East Midlands Combined County Authority (Borrowing Functions) (Amendment) Regulations 2024 including the approval of any additional technical amendments, which the Chief Executives of the other three Constituent Councils and the Mayor of EMCCA also agree to. This delegation is to be exercised in consultation with the Leader of the Council and in light of further legal advice from the Director of Legal and Democratic Services.

74/24

Report of the Chairman of the Governance, Ethics and Standards Committee pdf icon PDF 74 KB

Additional documents:

Minutes:

The Director of Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting, that presented the annual report of the Chairman of the Governance, Ethics and Standards Committee. 

 

On the motion of Councillor S Swann, duly seconded it was

 

RESOLVED:

 

To receive and note the report of the Chairman of the Governance, Ethics and Standards Committee.

75/24

Performance Monitoring and Budget Monitoring/Forecast Outturn 2024-25 as at Quarter 1 (30 June 2024) pdf icon PDF 126 KB

Additional documents:

Minutes:

The Managing Director introduced a report, which had been circulated in advance of the meeting, that gave an update of Council Plan performance and the Revenue Budget forecast outturn for quarter one, as at 30th June 2024.

 

On the motion of Councillor S Spencer, duly seconded it was

 

RESOLVED to note:

 

  1.     The update of Council Plan performance, progress with the delivery of savings, and the Revenue Budget position/forecast outturn for 2024-25 as at 30th June 2024 (Quarter1);

 

  1.     The position on Reserves; and

 

  1.     The significant actions as set out in the report, which will be undertaken across the Council and are required to reduce the significant revenue overspend detailed in this report, and to ensure the delivery of planned savings.

76/24

Minor Change to the Constitution: D2 Strategic Leadership Board pdf icon PDF 82 KB

Minutes:

This report was withdrawn.

77/24

Decisions taken as a matter of Urgency and Key Decisions and Special Urgency pdf icon PDF 113 KB

Minutes:

The Director of Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting, that reported the executive decisions taken as a matter of urgency where 28 days’ notice of the decision could not be given and where call-in had been waived.

 

On the motion of Councillor B Lewis, duly seconded it was

 

RESOLVED to note:

 

  1.     The key decisions taken where special urgency provisions were agreed as detailed in Appendix 2 to the report; and

 

  1.     The urgent decisions taken where the call-in procedure was waived under the Improvement and Scrutiny Procedure rules as detailed in Appendix 3 to the report.

78/24

Elected Member questions pdf icon PDF 107 KB

Minutes:

Question from Councillor E Fordham to Councillor C Cupit, Cabinet Member for Highways Assets and Transport

 

“What dialogue has taken place regarding the Chesterfield footbridges over the A61 between the Highways department and Chesterfield Borough Council regarding making the bridges less accessible for attempted suicide?”

 

Councillor Cupit responded as follows:

 

“I can confirm extensive dialogue has taken place between DCC, Chesterfield Borough Council as well as other relevant important agencies in relation to the sad issues of attempted suicides around footbridges in Chesterfield.

 

Highways have been involved in recent multi-agency meetings as well as a site visit in this regard as part of the Derbyshire Self-Harm and Suicide Prevention Partnership Forum and also a specific suicide cluster response process.  I understand this is led by DCC Public Health under Councillor Hart, but alongside Highways in relation to the structural components of the footbridges has also included Chesterfield Borough Council; Derbyshire Police; the Samaritans; Derbyshire Healthcare Trust; the Transport Police and The Tomorrow Project and together the locations, history and prevention measures have all been discussed and are being progressed and will be kept under constant review.”

 

Councillor Fordham asked the following supplementary question:

 

“There are essentially three footbridges of concern, two of which are simply footbridges from one part of relatively derelict parts of town to another, but the footbridge from the railway station to Corporation Street where the Borough Council is spending multi-millions on refurbishing Corporation Street and the station forecourt, the bit of the jigsaw that appears to be missing is no plan by DCC to deal with that railway station footbridge seems to me to be a bit odd.  Can I ask the portfolio holder to reconsider that given major works are taking place at the railway station with the demolition of the hotel and the sight line being created in order to have a better forecourt and then the significant investment in the marketplace regeneration, the heart of Chesterfield. 

 

It just seems wrong to perpetuate a situation where we have a footbridge which is a known dark attraction point (from which I am aware of at least five attempts this year, some by children) and yet we are doing nothing, it seems, to actually make the bridge suicide proof.  I understand the preventative work which the Partnership deals with but there is an opportunity here with two major redevelopments, the keys held by the Borough Council, but you hold the key to making this solitary footbridge which is currently the focus for dark decisions to make it suicide proof and it appears that we are not going to take that action from what I think you have just said.”

 

Councillor Cupit responded as follows:

 

“If I am honest I was trying to be quite vague in my answer because from conversations with officers I understand that the general public perception is not to sort of highlight specific locations in terms of what is then fed out in terms of this obviously sad issue, but I am  ...  view the full minutes text for item 78/24

79/24

Notice of Motion pdf icon PDF 86 KB

Minutes:

Councillor S Swann proposed a motion that was duly seconded, in the following terms:

 

To help fund inflation-busting pay deals in the public sector, the Labour Government has without notice unjustly decided to restrict the Winter Fuel Allowance to only pensioners in receipt of means-tested benefits like Pension Credit. In doing so, the Government led by Sir Keir Starmer has chosen to award train drivers on £65,000 a pay rise of almost £10,000 while removing the Winter Fuel Allowance from pensioners living on just £13,000 a year.

 

Age UK says this sudden and deeply unfair move will mean 2 million pensioners who badly need the money to stay warm this winter will not receive it, with around 155,000 pensioners in Derbyshire set to lose out.

Winter Fuel Allowance payments play a significant role in helping older residents of Derbyshire and across the UK afford heating during the coldest months, thereby preventing 'heat or eat' dilemmas and safeguarding health.

 

This shocking decision will place great additional strain on vulnerable pensioners, many of whom do not claim Pension Credit despite being eligible, further exacerbating their financial hardship. Far from signalling such a move prior to, or during, the recent General Election, Sir Keir Starmer and the Labour Party gave every indication that they were absolutely committed to the Winter Fuel Allowance and understood its vital role in supporting UK pensioners during the cold winter months.

 

Indeed, in May 2024, as Leader of the Opposition, Sir Keir Starmer made clear commitments regarding the protection of pensioners’ Winter Fuel Allowances. While discussing the issue, he superfluously warned the then Prime Minister against removing this vital support for pensioners, stating that it would be wrong to cut such payments. He specifically addressed concerns that many of the poorest pensioners, those already struggling, would be hit hardest by any potential removal of this support, a policy that he described as deeply damaging. Sir Keir Starmer committed to maintaining these payments if his party came to power, underscoring their importance for vulnerable pensioners.

 

Labour’s cruel and unfair approach is in stark contrast to the actions of the previous Government which was always fully committed to the Winter Fuel Allowance and introduced the State Pension Triple Lock while providing an array of support to households, and in particular older and vulnerable people, in respect of the energy price increases following Russia’s invasion of Ukraine.

 

The motion proposed was:

 

That Council:

 

Understands:

 

The Winter Fuel Payment has been a vital lifeline for many older people across Derbyshire and the UK, and that restricting its availability solely to those on Pension Credit risks leaving many pensioners in financial hardship, particularly with the significant increase the energy price cap.

Many thousands of pensioners across Derbyshire sit just above the cut-off for Pension Credit and will now lose their allowance, and the decision to means-test Winter Fuel Payments, especially with such short notice and without adequate compensatory measures, is deeply unfair and will disproportionately affect the health and well-being of  ...  view the full minutes text for item 79/24