Agenda and minutes

The Council held a minute of silence for the earthquake victims of Turkey and Syria.  The Mayor sent sympathy to those living in Eastbourne and beyond, in particular those who were Turkish or Syrian, who had lost family in the earthquake.

The Council considered the minutes of the meeting held on 18 November 2022 for approval. Councillor Smart asked for an amendment to the Minute 45(2), to include the addition of ‘but they are only a starting point’ in relation to the record on his statement on Eastbourne Local Plan Growth Strategy Consultation.

This amendment was approved by the Council.

RESOLVED (unanimously) – That the minutes of the meeting of Full Council of 16 November 2022 be approved and signed as a correct record, subject to the insertion of the words ‘but they are only a starting point’ into minute 45(2) so that the sentence would read:

“Councillor Smart advised that he shared the Leader’s concerns that the housing numbers were flawed, but they are only a starting point, and that he would have wished to see the consultation started earlier and would like to see greater emphasis on employment sites”.

During the discussion on item ‘Council Budget and Setting of the Council Tax for 2023/24’, Councillor Babarinde declared a personal interest as a Trustee of The Towner, as this was mentioned in the discussion of the Capital Programme.

A list of the Mayor’s announcements in respect of his activities since the last meeting is attached for information.

The Mayor drew Members’ attention to the list of his and the Deputy Mayor’s activities from November 2022 to February 2023.

Apologies for absence were received from Councillors Sammy Choudhury, Md. Hurun Miah, Candy Vaughan and Rebecca Whippy.

The Mayor to report any requests received from a member of the public under council procedure rule 11 in respect of any referred item or motion listed below.

The Mayor confirmed that three members of the public had requested to speak, and would be called on to speak at the start of the relevant agenda item:

·         David Everson (Chair of Eastbourne EcoAction Network Transport Group) and Christina Ewbank (Eastbourne Chamber of Commerce) had registered to speak on Agenda Item 7d – Scrutiny of Gatwick Airport’s Carbon Neutral Accreditation.

·         Fiona Mullen (Royal Parade Against Fisherman's Green Seafront Housing Development Group, and originator of the petition in relation to Fisherman's Green) had registered to speak on Agenda Item 10a – Eastbourne Local Plan – Projecting our Green and Leisure Spaces. 

The Council may vary the order of business if, in the opinion of the Mayor, a matter should be given precedence by reason of special urgency.

The Mayor advised that he would be changing the order of business to take first the items with public speakers and attendees, as follows:

·         Agenda Item 10a – Eastbourne Local Plan – Protecting our Green and Leisure Spaces.

·         Agenda Item 7d – Scrutiny of Gatwick Airport’s Carbon Neutral Accreditation (response to Council Motion)

Then all remaining items would be taken in the order as set out on the agenda.

Motion submitted by Councillor Holt:

“This Council notes: 

·         That the Government requires a Local Plan to be produced.

·         The Government states that Planning Officers have to identify what could be considered viable to the point which meets Government Housing Targets.

·         For Eastbourne, this means 738 homes a year - which with the sea and National Park is unrealistic.

·         Our leisure and green spaces are critical to our tourist economy and local residents’ livelihoods and well being. 

·         That there is a need to build more houses in light of a housing crisis.  

·         That over 4,500 objections have been made to the Local Plan’s identification of Fisherman’s Green, including by Eastbourne Borough Council Leader Councillor David Tutt. 

This Council: 

·         Thanks those residents who have lodged their own objections, showing the strength of local support to protect valuable green and leisure spaces which have added weight to our own evidence.

·         Calls on the Government to remove its use of unrealistic housing targets. 

·         Calls on the Government to support the communities wish to protect key green spaces when considering how many new homes should be built in the Borough.

·         Calls on the Government to provide reassurances that it will not sanction Eastbourne Borough Council for removing the Fisherman’s Green sitefrom the Local Plan proposal.”

Councillor Holt moved and Councillor Shuttleworth seconded an altered motion in relation to Eastbourne Local Plan – Protecting our Green and Leisure Spaces. Under section 13.4 of the Constitution, the Council gave its consent to a revised motion being tabled as follows:

“This Council notes: 

·           That the Government requires a Local Plan to be produced.

·           The Government states that Planning Officers have to identify what could be considered viable to the point which meets Government Housing Targets.

·           For Eastbourne, this means 738 homes a year - which with the sea and National Park is unrealistic.

·           Our leisure and green spaces are critical to our tourist economy and local residents’ livelihoods and well being. 

·           That there is a need to build more houses in light of a housing crisis.  

·           That over 4,500 objections have been made to the Local Plan’s identification of Fisherman’s Green, including by Eastbourne Borough Council Leader Councillor David Tutt. 

 This Council: 

·           Thanks those residents who have lodged their own objections, showing the strength of local support to protect valuable green and leisure spaces which have added weight to our own evidence.

·           Welcomes the statement made by Rt Hon Michael Gove in the House of Commons that “Eastbourne Borough Council can remove Fisherman’s Green from the Local Plan without incurring any sanctions”

·           Recognises that by implication this statement means that Local Authorities are at liberty to remove any sensitive sites from their Local Plan without incurring any sanctions.

·           That in light of this change in the position of Government this Council resolves to withdraw Fisherman’s Green from the draft Local Plan and recommend to Cabinet withdrawing other sensitive sites. “

Councillor Smart moved and Councillor di Cara seconded an amendment to the motion, so that the motion would read as follows:

“This Council notes: 

·           That the Government requires a Local Plan to be produced.

·           Our leisure and green spaces are critical to our tourist economy and local residents’ livelihoods and wellbeing.

·           That there is a need to build more houses in light of a housing crisis. 

·           That over 4,500 objections have been made to the Local Plan’s identification of Fisherman’s Green.

This Council: 

·           Thanks those residents who have lodged their own objections, showing the strength of local support to protect valuable green and leisure spaces.

·           Thanks the Secretary of State for confirming that the decision to develop Fisherman’s Green is the Council’s alone.”

The public speaker, Fiona Mullen (Royal Parade Against Fisherman's Green Seafront Housing Development Group, and originator of the petition in relation to Fisherman's Green) spoke in relation to the matter for 3 minutes.

The Council debated the motion and the amendment together.

The amendment proposed by Councillor Smart was put to a vote and lost by 7 for, 13 against, with 2 abstentions.  

The altered motion as proposed by Councillor Holt was put to a vote and carried by 14 votes for, 0 against, with 8 abstentions.

RESOLVED (by 14 to 0 with 8 abstentions) that:

This Council notes: 

·                That  ...  view the full minutes text for item 54a

The following matters are submitted to the Council for decision (council procedure rule 12 refers):-

Report of Councillor Shore on behalf of the Scrutiny Committee of 9 January 2023 and 6 February 2023.

Councillor Shore moved and Councillor Lamb seconded the recommendations of the Scrutiny Committee held on 6February, in relation to the Scrutiny of Gatwick Airport’s Carbon Neutral accreditation and the effect of the development of the Northern Runway on Eastbourne Borough Council’s Carbon Neutral pledge for 2030.  This had been referred to the Committee for consideration following a motion to Full Council on 22 July 2022.

The public speakers, David Everson (Chair of Eastbourne EcoAction Network Transport Group) and Christina Ewbank (Eastbourne Chamber of Commerce) each spoke for 3 minutes on this item. 

The Members discussed the recommendation of the Scrutiny Committee, and the representations made by the public speakers.  There were different views as to whether the recommendations were appropriate, in the context of the Council’s declaration of a Climate Emergency, potential financial benefits to the local economy of the use of the northern runway, and whether or not Gatwick Airport could achieve carbon neutrality across scope 3 emissions.

The recommendations were put to a vote and carried.

RESOLVED (by 12 votes for, 8 against, and 2 abstentions) that:

1.    The Council makes any support for Gatwick Airport’s Northern Runway Project conditional on Gatwick Airport’s production and pursuit of a credible plan, in partnership with its Scope 3 stakeholders, to work towards carbon neutrality across its Scope 3 emissions by 2030; and

2.    The Council calls on any Government to mandate a faster transition to low-carbon aircraft fuels, and to provide meaningful support to the fuel industry, airlines, manufacturers and other aviation industry stakeholders to achieve this.

Report of Councillor Holt on behalf of the Cabinet. Referred from Cabinet on 8 February 2022. To include decisions in respect of:

·         General Fund Budget 2023/24 and Capital Programme

·         Treasury Management and Prudential Indicators 2023/24, Capital Strategy and Investment Strategy.

·         Housing Revenue Account (HRA) Revenue Budget and Rent Setting 2023/24 and HRA Capital Programme 2023-26.

Please note: that the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 requires named votes to be taken and recorded when setting the annual budget and council tax, this to include votes on any amendments and substantive motions.

Councillor Holt moved and Councillor Tutt seconded the recommendations set out in the agenda in relation to the Council Budget and setting of the Council Tax for 2023/24.  This incorporated recommendations from Cabinet on 8 February 2023 regarding the General Fund Revenue Budget 2023/24 and Capital Programme, Treasury Management and Prudential Indicators 2023/24, Capital Strategy and Investment Strategy and Housing Revenue Account (HRA) Revenue Budget and Rent Setting 2023/24 and HRA Capital Programme 2023-26. 

Councillor Smart moved and Councillor Shore seconded the following amendment as set out in an addendum tabled at the meeting:

“That the budget and council tax recommendations for 2023/24 are as set out in the report subject to the following amendment:

To reduce external debt through receipts from a more realistic approach to capital disposals as recommended by the CIPFA External Financial Review.”

Councillor Holt then presented the budget proposals which included a recommended 2.99% increase and set the context for these proposals in terms of funding and priorities, as well as the help that was available to those who were struggling with the cost of living.

Councillor Smart then spoke to his amendment and on behalf of the opposition in response to the budget and set out why he considered that additional focus on capital disposals was required.

The Council debated the budget and amendment together. 

Prior to the Council was moving the vote, Councillor Smart and then Councillor Holt were given the opportunity to sum up.

The Mayor highlighted that it was required by legislation that all votes on the budget were recorded votes.

The amendment was then put to a vote and was lost, with the following votes recorded:

For: Councillors Belsey, di Cara, Lamb, Murdoch, Shore, Smart and Taylor (7)

Against: Councillors Babarinde, Bannister, Diplock, Dow, Freebody, Holt, Maxted, Morris, Murray, Parker, Rodohan, Shuttleworth, Swansborough, Tutt, and Wallis (15).

Abstentions:  None

The original proposals on the budget were then put to a vote and were carried, with the following votes recorded:

For: Councillors Babarinde, Bannister, Diplock, Dow, Holt, Maxted, Morris, Murray, Parker, Rodohan, Shuttleworth, Swansborough, Tutt, and Wallis. (14)

Against: Councillors Belsey, di Cara, Lamb, Murdoch, Shore, Smart and Taylor (7)

Abstentions:  Councillor Freebody (1).

RESOLVED (by 14 votes to 7, with 1 abstention)–

1.         The recommendations as detailed in the reports from the Chief Finance Officer to Cabinet on 8 February 2023:

            (i)         To approve the General Fund budget for 2022/23 (Revised) and 2023/24 (Original).

            (ii)        To approve an increase in the Council Tax for Eastbourne Borough Council of 2.99% resulting in a Band D charge of £269.68 (per annum) for 2023/24.

            (iii)       To approve the revised General Fund capital programme 2023/24.

            (v)        To approve the Treasury Management Strategy and Annual Investment Strategy for 2023/24.

            (vi)       To approve the Minimum Revenue Provision (MRP) Policy Statement 2023/24.

            (vii)      To approve the Prudential and Treasury Indicators 2023/24 to 2025/26.

          (viii)       To approve the Capital Strategy.

          (ix)         To endorse the continuation of the Flexible use of Capital Receipts.

          (x)          To approve the Housing  ...  view the full minutes text for item 56a

Report of Councillor Holt on behalf of the Cabinet. Referred from Cabinet on 14 December 2022.

Councillor Holt moved and Councillor Shuttleworth seconded the recommendation referred from the meeting of Cabinet held on 14 December 2022, in support of the adoption of the Local Council Tax Reduction Scheme for 2023/24.

In seconding the proposal, Councillor Shuttleworth advised in his role as Cabinet Member for Direct Assistance Services that he would like to see the scheme reviewed in 2024/25 to extend the scheme for a 100% rebate.

The proposals were discussed and received support from across the Council.

RESOLVED (unanimously) –

(1)     To adopt the 2022/23 Local Council Tax Reduction Scheme as the 2023/24 scheme.

(2)     Subject to Full Council adoption of the Scheme, Cabinet has granted the Director of Service Delivery delegated authority:

(a) to implement the Scheme, such delegated authority to include any measures necessary for or incidental to its management and administration; and

(b) if necessary, and in accordance with paragraph 2.3, to amend the Scheme in consultation with the Lead Member for Direct Assistance Services.

(3)     To continue the Exceptional Hardship Scheme in 2023/24, subject to funds being available.

Report of Councillor Maxted on behalf of the Licensing Committee of 16 January 2023.

Note - some presentational changes have been made to Appendix 1 since presented to the Licensing Committee (shown highlighted) to provide greater transparency on the 1 year private hire licence fees available, the total fees applicable for a new driver, and the fee for an English Test resit.

Councillor Maxted (Chair of the Licensing Committee) moved and Councillor Tutt seconded the recommendation referred from the meeting of Licensing Committee held on 16 January 2023, to approve the licensing fees from 1 April 2023. 

The recommendation was put to a vote and carried.

RESOLVED (unanimously) - To approve the Licensing fees proposed within Report Appendix 1 to apply from 1 April 2023.

Report of the Chief Executive.

Councillor Tutt moved and Councillor Smart seconded the recommendations set out in the report of the Chief Executive, recommending the appointment of Simon Russell as the new Monitoring Officer.  In speaking to the recommendations, both Councillors thanked the outgoing Monitoring Officer, Oliver Dixon, for his excellent service to the Council and advice in this role and wished him well.

The recommendation was put to the Council and carried. 

RESOLVED (unanimously) –

That the Council approve the appointment of Simon Russell as Monitoring Officer with effect from 1 April 2023.

(Note: Simon Russell, Head of Democratic Services, left the room during the discussion of this item).  

Report of the Head of Democratic Services.

The Council received for consideration the report by an Independent Remuneration Panel (IRP) making recommendations in respect of the Members Allowance Scheme, and the report of the Head of Democratic Services setting out the options available to the Council.  It had been agreed when last reviewed in November 2020 that the report would be brought back in February 2023 for reconsideration ahead of the next election.

Councillor Tutt moved and Councillor Smart seconded option c) to reject the Panels’ recommendation in full and ask for a Panel to be reconvened early in the new Council, with a report due back to Full Council in November 2023.  The compelling reason for doing so was that the report was now dated and the level of inflation was much higher than may have been expected three years ago.  It was noted that the allowances had not increased since 2007.

Councillor Freebody moved and Councillor Wallis seconded an alternative proposal to accept option a), to accept the Panel’s recommendation in full in relation to the levels of Basic Allowance, Special Responsibility Allowances and IT Allowances’, for the reason that there was a need for an increase in allowances now to attract Councillors from a range of backgrounds, but with the addition that a further review be undertaken early in the Council to bring forward any further update in 2024, if required.

The Council debated the two proposals together.

In response to a question raised by Councillor Smart, it was confirmed that the Council could not commit itself in advance to accept any recommendations of a new IRP Panel without debate, when reported in November 2023.

The alternative proposal was put to a vote and lost by 6 votes for, 12 against, with 4 abstentions.

The original proposal was put to a vote and carried by 16 votes for to 6 against, with 0 abstentions.

RESOLVED  (By 16 votes to 6) – That the Council agree option c), to reject the Panels’ recommendation in full for the reasons that the recommendations of the Panel were now out of date, but this was subject to an Independent Review Panel being called early in the new Council to undertake a review, to report back to Full Council in November 2023.

The following motions have been submitted by members under council procedure rule 13:-

Motion submitted by Councillor Babarinde:

“This Council notes:

In the Government’s November 2022 Autumn Statement, the Chancellor announced a 20% increase in the ‘Energy Price Guarantee’ from £2,500 a year to £3,000 a year from 1 April 2023.

This Council:

Calls on the Government to scrap the planned April 2023 increase in the Energy Price Guarantee to protect local residents from soaring energy bills.”

Councillor Babarinde moved and Councillor Parker seconded the motion set out in the agenda in relation to protecting residents from souring energy bills as below:

“This Council notes:

In the Government’s November 2022 Autumn Statement, the Chancellor announced a 20% increase in the ‘Energy Price Guarantee’ from £2,500 a year to £3,000 a year from 1 April 2023.

This Council:

Calls on the Government to scrap the planned April 2023 increase in the Energy Price Guarantee to protect local residents from soaring energy bills.”

An alternative motion was moved by Councillor Lamb and seconded by Councillor Shore that:

“Eastbourne Borough Council has rightly recognised the impact on residents of the cost of living crisis. The Council therefore resolves to:

1.    Investigate a revision to the council tax scheme when considered for 2024/25 to exempt the lowest income households totally from council tax.

2.     Improve the energy efficiency of council owned homes to reduce bills.

3.    Encourage more uptake of cheaper solar energy generation to take advantage of Eastbourne's record hours of sunshine.”

The Council debated the motion and alternative motion together.

Councillor Babarinde agreed as part of the summing up to incorporate the alternative motion into his motion, with the consent of the Council.

The motion as amended was put to a vote and carried.

RESOLVED (by 17 votes to 0 with 5 abstentions).

This Council notes:

In the Government’s November 2022 Autumn Statement, the Chancellor announced a 20% increase in the ‘Energy Price Guarantee’ from £2,500 a year to £3,000 a year from 1 April 2023.

This Council:

1.    Calls on the Government to scrap the planned April 2023 increase in the Energy Price Guarantee to protect local residents from soaring energy bills.

2.    Has rightly recognised the impact on residents of the cost of living crisis, and therefore resolves to:

·         Investigate a revision to the Council Tax Scheme when considered for 2024/25 to exempt the lowest income households totally from Council Tax;

·         Improve the energy efficiency of Council owned homes to reduce bills; and

·         Encourage more uptake of cheaper solar energy generation to take advantage of Eastbourne's record hours of sunshine.

Motion submitted by Councillor Babarinde:

“The Council notes:

·       That the Southern Water was consistently in breach of the legal requirements with regard to the discharge of sewage.

·       In the last two years water companies in England dumped raw sewage 775,568 times lasting 5,768,679 hours.

·       Water company executives have paid themselves £51 million, including £30.6 million in bonuses, over the last two years. 

·       That the Environment Agency downgraded Eastbourne’s seawater quality from ‘Good’ to ‘Sufficient’ in 2022.

·       That the Full Council passed a motion in 23 February 2022 which included a call for urgent action by Southern Water to prevent sewage discharges, and called on the Government to introduce a sewage tax on water companies to begin compensating for their discharges, and to help fund a cleaner sea.

 This Council:

1.      Reiterates its call for Southern Water to take robust action to prevent sewage discharges from occurring off the south coast.

2.      Endorses the action taken by the Leader and the Chief Executive requesting an urgent meeting with the Chief Executive of Southern Water to hold the organisation to account for its raw sewage dumping along Eastbourne’s coastline.

3.      Calls on the Government to ban bonuses for water company executives. “

Councillor Babarinde moved and Councillor Murray seconded the motion as set out in the agenda in relation to holding Southern Water to account for sewage discharges in the sea as below:

Motion submitted by Councillor Babarinde:

“The Council notes:

·         That the Southern Water was consistently in breach of the legal requirements with regard to the discharge of sewage.

·         In the last two years water companies in England dumped raw sewage 775,568 times lasting 5,768,679 hours.

·         Water company executives have paid themselves £51 million, including £30.6 million in bonuses, over the last two years. 

·         That the Environment Agency downgraded Eastbourne’s seawater quality from ‘Good’ to ‘Sufficient’ in 2022.

·         That the Full Council passed a motion in 23 February 2022 which included a call for urgent action by Southern Water to prevent sewage discharges, and called on the Government to introduce a sewage tax on water companies to begin compensating for their discharges, and to help fund a cleaner sea.

 This Council:

1.    Reiterates its call for Southern Water to take robust action to prevent sewage discharges from occurring off the south coast.

2.    Endorses the action taken by the Leader and the Chief Executive requesting an urgent meeting with the Chief Executive of Southern Water to hold the organisation to account for its raw sewage dumping along Eastbourne’s coastline.

3.    Calls on the Government to ban bonuses for water company executives. “

An amendment was moved by Councillor di Cara and seconded by Councillor Shore, to add recommendations 4 to 8 to the motion as follows:

“This Council:

4.     Backs local sea swimmers and our MP’s campaign to redefine the bathing season to extend testing for quality assurance and public confidence.

5.     Investigates a physical, beachfront water quality alert to complement the beachboy app to ensure no digital disadvantage to those not online.

6.     Makes a submission to the Government’s consultation and positively endorses a proposal that water companies become statutory consultees for planning purposes.

7.     Invites the project team from the local Blue Heart initiative to speak to members of the Council’s Scrutiny Committee to present their progress on managing rainwater runoff, so important to our sea bathing water quality outcomes.”

8.     Uses Council planning powers to mandate water run off measures on new builds wherever feasible, to reduce pressure on combined sewers and cut discharges.”

In speaking to the motion, Councillor Babarinde with the consent of the Council, agreed to incorporate the amendment into his motion.

The Council debated the motion as amended.

The motion as amended was put to a vote and carried.

RESOLVED (unanimously) that:

“The Council notes:

·         That the Southern Water was consistently in breach of the legal requirements with regard to the discharge of sewage.

·         In the last two years water companies in England dumped raw sewage 775,568 times lasting 5,768,679 hours.

·         Water company executives have paid themselves £51 million, including £30.6 million in bonuses, over the last two years. 

·         That the Environment Agency downgraded Eastbourne’s seawater quality from ‘Good’ to ‘Sufficient’ in  ...  view the full minutes text for item 59b

To agree the Calendar of Meetings for 2023/24.

Please note - The Council dates will be subject to final approval at the annual meeting of the Council, in accordance with legislation.

Councillor Tutt moved and Councillor Smart seconded that the proposed calendar of meetings for 2023-24.  It was noted that the dates would be subject to formal ratification at annual council in line with legislation.

RESOLVED – That the Calendar of Meetings 2023-24 be approved.

Members of the Council who wish to raise items for discussion (council procedure rule 14) on any of the minutes of the meetings of formal council bodies listed below must submit their request to the Head of Democratic Services no later than 10.00 am on the day of the meeting. A list of such items (if any) will be circulated prior to the start of the meeting.

The following are appended to this agenda:-

The minutes of the following Council bodies were submitted to the meeting for information as part of the agenda:

·         Planning Committee - 14 November 2022 and 23 January 2023

·         Audit and Governance Committee – 23 November 2022

·         Scrutiny Committee – 5 December 2022, 9 January 2023 and 6 February 2023

·         Cabinet – 14 December 2022 and 8 February 2023

·         Licensing Committee – 16 January 2023

Councillor Tutt had requested to speak in respect of Agenda Item 12(i), Minutes of the Cabinet held on 8 February 2023, page 149, Minute 43.  Councillor Tutt explained that this was a ruse to have the opportunity to speak at the last Full Council of this Council year and term.  He thanked the Mayor and Mayoress for the excellent work they had done over the last two years, and Members who had served during the last 4 years.  He advised that he would not be standing for election May, having served on the Council for 36  years and 19 years as the Leader of the Council, and he thanked officers and members past and present for their support and friendship.

The Council agreed acceptance of the minutes.

The next meeting is scheduled to take place on 24 May 2023.

It was noted that the next scheduled meeting of Full Council would be the Annual Council meeting on 24 May 2023 at 6 pm.