Agenda and minutes

The Council will pay tribute to and hold a minute of silence for former Councillors, the late Jon Freeman and Peter Harper.

The Chair of the Council stated that since the last meeting of Full Council, two former Councillors, Jon Freeman and Peter Harper, had sadly passed away.

Councillor MacCleary paid tribute to Jon Freeman and Councillor Carr paid tribute to Peter Harper for their service on the Council and the impact they had in their communities of Seaford and Newhaven.

The Council then held a minute’s silence in memory.

To confirm and sign the minutes of the meeting of the Council dated 20 September 2021.

Resolved – That the minutes of the meeting held on 20 September 2021 be confirmed and signed as a correct record.

Apologies for absence had been received from Councillors Adeniji, Burman, Duhigg, Gauntlett, Macleod, Miller, O’Connor, Peterson, Rigden and Wallraven.

Disclosure by councillors of personal interests in matters on the agenda, the nature of any interest and whether the councillor regards the interest as prejudicial under the terms of the Code of Conduct.

No declarations of interests were made.

To receive any announcements from the Chair of the Council, Leader of the Council, Cabinet Members or the Chief Executive.

A list of the Chair of the Council's engagements since the previous meeting is enclosed for information.

The Chair advised that a list of her engagements as Chair of the Council since the last meeting was set out in the supplement to the agenda, and these were noted.

Items not on the agenda which the Chair of the meeting is of the opinion should be considered as a matter of urgency by reason of special circumstances as defined in Section 100B(4)(b) of the Local Government Act 1972.

There were no urgent items for consideration at the meeting.

To deal with questions which members of the public may wish to put to members of the Cabinet in accordance with Council Procedure Rule 11 (if any).

No questions had been received from members of the public.

To receive petitions from councillors or members of the public in accordance with Council Procedure Rule 13 (if any).

No petitions had been received.

In accordance with Scrutiny Procedure Rule 17, to receive details of any urgent decisions taken by the Cabinet or Cabinet members since the previous meeting.

The following decisions have been made and the relevant decision-notice is attached:

Asset Regeneration Newhaven – made on 24 September 2021

In accordance with the Policy and Performance Committee Procedure Rule 17, the Council received details of one decision which had been taken by the Leader of the Council under special urgency procedures on 24 September 2021, in relation to the Asset Regeneration Newhaven.

Report of the Head of Democratic Services.

The Council considered a report of the Head of Democratic Services reviewing the Democratic Governance changes at Lewes District Council implemented in May 2020, including the establishment of the Policy and Performance Advisory Committee and changes to the debating rules around motions.  These had been discussed by a Governance Working Group reconvened in September 2021, following a year of operation of the new arrangements.  Councillor Banks moved and Councillor Manley seconded the recommendations set out in the report, including the recommendation that no further changes be made to the governance arrangements. 

Resolved - 

(1)  To note and endorse the recommendations of the Governance Working Group that no changes be made to the current governance arrangements at Lewes District Council;

(2)  To note that a training and development session would be scheduled for the membership of the Policy and Performance Advisory Committee, to assist it in making best use of all of its functions; and

(3) To note the various opportunities for elected members to participate in the democratic process, as set out at Appendix 1 to the report.

Report of the Director of Service Delivery

Councillor Robinson moved and Councillor Denis seconded the recommendations set out in the report of the Director of Service Delivery to adopt the ‘Lewes District Council Statement of Licensing Policy’.

It was noted that the proposed amendments to the Statement of Licensing Policy had been considered by the Licensing Committee on 29 July and then put out to public consultation.  As the changes had received support in the consultation, these were referred directly to Full Council for approval in accordance with the Committee’s resolution.  It was expected the Statement of Licensing Policy would come into force on 10 January 2022.

Resolved – That Council approves the Statement of Licensing Policy made under Section 5(4) of the Licensing Act 2003 for 2022-2027.

Report of the Director of Service Delivery

Councillor Robinson moved and Councillor Denis seconded the recommendations set out in the report of the Director of Service Delivery to adopt the ‘Lewes District Council Gambling Act Statement of Principles’. 

It was noted that the proposed minor amendment to the Statement of Principles had been considered by the Licensing Committee on 27 July and then put out to public consultation.  As the changes had received support in the consultation, the Statement of Principles was referred directly to Full Council for approval in accordance with the Committee’s resolution.  It was expected the Statement of Principles would come into force on 10 January 2022.

Resolved– That Council approves the Gambling Statement of Principles made under S349 of the Gambling Act 2005 for 2022-2025.

To note the appointments to the following committees and outside bodies made under delegated authority since the last meeting, as a result of Councillor Gauntlett’s appointment by the Leader to be the Cabinet Member for Planning and Infrastructure:

·        Policy and Performance Advisory Committee - Councillor Brett replaces Councillor Gauntlett

·        Audit and Standards Committee – Councillor Macleod replaces Councillor Gauntlett

·        East Sussex County Council Health and Overview Committee – Councillor Brett replaces Councillor Gauntlett.

The Council noted the appointments to the following committees and outside bodies made under delegated authority since the last meeting, as a result of Councillor Gauntlett’s appointment by the Leader to be the Cabinet Member for Planning and Infrastructure:

·     Policy and Performance Advisory Committee - Councillor Brett had replaced Councillor Gauntlett.

·     Audit and Standards Committee – Councillor Macleod had replaced Councillor Gauntlett.

·     East Sussex County Council Health and Overview Committee – Councillor Brett had replaced Councillor Gauntlett.

·     Licensing Committee – Councillor Amy had replaced Councillor Gauntlett.

Resolved – To note the above changes in appointments.

No notices of motion have been received for this meeting.

There were no notices of motion.

To deal with written questions which Councillors may wish to put to the Chair of the Council, the Leader, a Cabinet Member, the Chair of any Committee or Sub-Committee, or a member of the Council appointed to any external body or joint authority, in accordance with Council Procedure Rule 12 (if any).

The Chair advised that two written questions had been received in accordance with Council Procedure Rule 12 from Councillor Turner and Councillor Manley and as set out in the Agenda Supplement.

1.    Question from Councillor Richard Turner to Councillor Stephen Gauntlett (Cabinet Member for Planning and Infrastructure).

“There are many occasions over the years when we, on the Planning Committee, are faced with changes in Affordable Housing numbers at reserved matters. Should viability be assessed in decision making?

There are occasions when the applicant at Reserved Matters stage submits detailed evidence of the new extra costs that have changed since the application and this reduces the Affordable Housing. A separate valuation is also submitted.

Whilst there are occasions when extra costs must be considered for genuine reasons. As the Conservative Shadow Lead Member for Planning, I would ask that reviews should be included in our new local plan policies as far as viability. This would strengthen the Planning Committee’s decision making and give the Council strength to any appeal.“

Response from Councillor Nicholson (on behalf of Councillor Gauntlett):

As Councillor Gauntlett had given apologies for the meeting, Councillor Nicholson responded verbally to the question at the meeting but indicated that Councillor Gauntlett would provide a further written response after the meeting.

Councillor Nicholson advised that the Government Guidance on this was clear that a viability review to claw back contributions, should the viability position improve, could only take place if the provision to do so was set out in the local plan. No such provision was in the current plan agreed by the previous administration.  However, this was something that could be considered for the emerging Local Plan, and Councillor Nicholson invited Councillor Turner and the Conservative Group to be part of the Local Plan Steering Group shaping its development.  In the interim, the Council had introduced open book viability assessments that were now more transparent, and had sought independent expert assistance to assess viability reports to make sure the community did not lose out. 

Supplementary Question -Councillor Turner indicated that he did not have a supplementary question, but thanked Councillor Nicholson for the response and indicated as Shadow Portfolio Holder for Planning he would wish to be involved in any decision-making on the emerging local plan.

2.    Question from Councillor Manley to Councillor Julie Carr (Cabinet Member for Recycling, Waste and Open Spaces) or Councillor Zoe Nicholson (Leader of the Council)

“Why is Lewes District Council finding it so difficult to keep the A27 clean, and to stop other authorities strimming litter?  What else is LDC doing to improve the state of our roadsides with regards to litter?”

Response from Councillor Nicholson and Councillor Carr

Councillor Nicholson that she understood this question related to a recent incident where strimming took place in an area before litter collection and where no notification had been received of the works, which was very disappointing. 

Councillor Carr echoed this frustration with the incident, as the Council had worked closely with National Highways  ...  view the full minutes text for item 61.

To deal with questions (if any) which Councillors may wish to put to the Leader of the Council. It will be at the Leader’s discretion to re-direct questions to relevant Members of the Cabinet. A Councillor wishing to raise a question must notify the Chair of the Council of the text of the question prior to the commencement of the meeting.

(This item is limited to a maximum of 5 questions, with no more than 1 question being asked per Councillor. If a question requires a detailed or technical response, the Leader may decide that a written response is more appropriate).

No questions had been submitted for the Leader. 

To deal with ward issues which councillors wish to raise (if any).

Councillor Ross raised a ward issue set out in full in the agenda supplement. 

He advised that he was concerned that a developer had applied for pre-application advice on a proposal to demolish the bus station in Lewes Bridge Ward, and to replace it with a block of flats.  Bus companies, businesses, the Lewes Chamber of Commerce, the Town Council and many residents had expressed significant concerns about the impact the loss of the bus station would have on the Town.  He was concerned that the South Downs National Park authority had not yet given assurance that it would consider the application in line with its Strategic Site Policy SD57 (North Street Quarter and Adjacent Eastgate Area) that stated that "Alternative uses on the bus station site are subject to the facility being replaced by an operationally satisfactory and accessible site elsewhere”. 

He asked that the Leader of the Council speak to the Chief Executive of the South Downs National Park Authority as soon as possible and seek assurance that any application received would be assessed in accordance with the policies consulted on and approved in Local Plans. In addition, he asked that she seek the Authority’s commitment to meaningful engagement with interested parties and the public if and when a full application was received.

The Leader responded that she supported the concern raised on this matter which was also in her ward, and she gave assurance that she had met with the Chair of the National Park last week and raised this issue, and was happy to raise it again.  She confirmed that the Council would be a consultee on the application and would seek to hold the National Park Authority to account on the way it applied its policies and engaged on the consultation. 

To receive any reports from the Council's representatives who serve on outside bodies in respect of meetings they have attended.

The following reports had been received on outside bodies set out in the agenda and were noted:

·        Sussex Police and Crime Panel – Councillor Denis

·        Equalities and Fairness Stakeholder Group - Councillor Denis

·        Community Safety Partnership- Councillor Denis

·        Wave Leisure Trust – Councillor Denis and Councillor O’Connor

·        Seaford Head Local Nature Reserve Management Committee – Councillor Brett

·        South Downs National Park Authority AGM – Councillor Meyer

·        South Downs National Park Authority Board Meeting – Councillor Meyer

·        South Downs National Park Authority transfer of Seven Sisters Country Park from ESCC to SDNPA and subsequent operation of the Country Park by South Downs Commercial Operations Ltd – Councillor Meyer

·        Armed Forces Champion – Councillor Davy

·        Lewes District Citizens Advice – Councillor Makepeace

·        Seaford to Brighton Line Steering Group Meeting – Councillor O’Brien

The next scheduled meeting of Full Council is 21 February 2022 at 6 pm.

It was confirmed that the next meeting of Full Council was scheduled to take place at 6 pm on Monday 21 February 2022.