Agenda and minutes

To confirm and sign the minutes of the meeting of the Council dated 30 September 2024.

RESOLVED -To confirm and sign the minutes of the meeting of the Council dated 30 September 2024.

Apologies for absence were received from Councillors Amy, Collier, MacCleary, Macleod, Meek, Stewart-Roberts and von Kurthy.

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.

There were no declarations of interest.

To receive any announcements from the Chair of the Council, Leader of the Council, Members of the Cabinet or the Chief Executive. A list of the Chair of the Council's engagements since the previous meeting is enclosed.

Councillor Boniface drew attention to the engagements she had undertaken since the last meeting.  There were no announcements from the Chief Executive or the Cabinet Members.

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.

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, as follows:

a)   Question from Mr Jack Adams to the Leader of the Council on ‘Newhaven FM Conway Asphalt Plant’

1)    Why is there no adequate filtration on the Newhaven FM Conway chimney, and loading and unloading processes, and why is Conway not being forced to add a filtration system due to the pollution, smell and potential health hazards associated with the fumes? Given the various objections received in the last two years, what is the Council doing for the public to ensure no pollution or smells will be coming from the plant?

2)    Why has there been no enforcement with the effluent coming from the Newhaven Conway Plant and regulation and coverage of the storage of all piles of materials surrounding the plant, and which are unloaded and loaded from ships and lorries, given it has been known that the plant has been in breach of Environmental Agency permits since at least 2022, if not earlier?

A public question was received from a local resident, Mr Jack Adams in relation to ‘Newhaven FM Conway Asphalt Plant’ to the Leader, Councillor Nicholson.  As Mr Adams was unable to attend, this was read out by the Chair.

Councillor Nicholson responded verbally in the meeting, but in addition a letter of response would be sent to Mr Adams.

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

There were no petitions to report.

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.

There were no urgent decisions taken by the Cabinet or Cabinet Members since the last meeting.

Report of the Chief Finance Officer and Councillor Nicholson on behalf of the Cabinet. Referred from Cabinet on 6 February, incorporating the recommendations from the Cabinet reports on:

·       General Fund Revenue Budget 2025-26 and Capital Programme

·       Treasury Management and Prudential Indicators 2025-26, Capital Strategy and Investment Strategy

·       Housing Revenue Account (HRA) 2025-26

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, including on substantive motions and on amendments.

Councillor Nicholson moved and Councillor Robinson seconded the proposals in the report of the Chief Finance Officer and the Cabinet Member for Finance and Assets on behalf of the Cabinet, incorporating the recommendations from the Cabinet reports on: 

·        General Fund Revenue Budget 2025-26 and Capital Programme

·        Treasury Management and Prudential Indicators 2025-26, Capital Strategy and Investment Strategy

·        Housing Revenue Account (HRA) 2025-26

Councillor Nicholson presented the budget and set out the context for the proposals, which were routed in the Corporate Plan.  The Leader highlighted the way in which the proposals sought to tackle issues faced in the community including the housing crisis, sought to deliver the best possible quality services, and focused on leading the way on climate, biodiversity, and improving the wider environment. It was confirmed that the proposals included a 2.99% council tax. Councillor Nicholson thanked all who had worked very hard to achieve a balanced budget.

Councillor Gauntlett as opposition leader responded and welcomed the budget.  He thanked the finance team who had taken time to work to inform his group.  He emphasised the importance of communicating to the public that Lewes District Council collects council tax on the behalf of other authorities, with over 70% of which is on behalf of East Sussex County Council.

The Council debated the budget and Councillors across the Council spoke in support, welcoming the investment in Council housing, leisure, community facilities, neighbourhood health and wellbeing, public toilets and playgrounds.  In addition, Members welcomed the uplift in the support being given to the Citizens Advice Bureau.

In accordance with legislation, the vote was put to a recorded vote. The recommendations were approved unanimously as follows:

For: Councillors Agace, Alexander, Baah, Boniface, Brett, Bristow, Carr, Clarkson, Clay, Clews, Cohen, Davies, Denis, Fabry, Francomb, Gallagher, Gauntlett, Hoareau, Honeyman, Keenan, Keene, Kortalla-Bird, Makepeace, Maples, Morris, Nicholson, O’Brien, O’Connor, Robinson, Saunders, Sharkey, Slater and Spiteri.

Against: None

Abstentions: None

RESOLVED:

1.     To approve the recommendations as detailed in the reports from the Chief Finance Officer to Cabinet on 6 February 2026 as summarised below:

(i)          To approve the General Fund budget for 2024/25 (Revised) and 2025/26. An increase in the Council Tax for Lewes District Council of 2.99% (including Special Expenses) resulting in a total Band D charge for of £234.99 for 2025/26. To approve the rates of Fees and Charges as recommended by Cabinet and contained within Appendix 6 to the Cabinet report to apply from 1 April 2025 and to implement changes to statutory fees and charges for services shown within the appendix as and when notified by Government, subject to a change to the following items contained with the Fees and Charges Schedule (Appendix 6 to the budget report) as follows:

·       Garden Waste - The charge for a second/additional half price green waste collection service for 2025/26 had been amended to £41.50

·       Recovery Action - The Summons Cost Charge has been amended to £80.00, and the Liability Order Cost Charge has been amended to £15.00.

The change will marginally impact the  ...  view the full minutes text for item 37a

Report of Councillor Robinson on behalf of the Cabinet. Referred from Cabinet on 5 December 2024.

Councillor Robinson moved and Councillor Kortalla-Bird seconded the recommendations of the Cabinet held on 5 December 2024, to adopt the 2023/24 Local Council Tax Reduction Scheme as the 2025/26 scheme.

Councillor Robinson confirmed that included a 100% council tax reduction to those struggling financially the most and stated that she was pleased the Council could do this, especially with the levels of budget cuts being made at county level and their impact.

The proposal was put to a vote and carried unanimously.

RESOLVED (unanimously) – To adopt the 2024/25 Local Council Tax Reduction Scheme as the 2025/26 scheme (as attached at Appendix 1 to the report).

(This was subject to any changes announced in the budget due on 30 October 2024 and annual DWP welfare benefit uprating due in January 2025.)

Report of Councillor O’Connor on behalf of the Cabinet.  Referred from Cabinet on 6 February 2025.

Councillor O’Connor moved and Councillor Gauntlett seconded the recommendations from the Cabinet on 6 February 2025, to adopt the Local Development Scheme.  It was confirmed that this set out the Council’s timetable for reviewing and updating its local plan, which covered the area of Lewes District outside the National Park. 

In addition, Councillor O’Connor thanked the planning policy team for all their hard work on the local plan and recent consultation exercise. It was noted that the deadline for submitting local plan under the existing system had been extended to December 2026. However, the Government had indicated that it would outline further reforms to the planning framework through its planning and infrastructure bill, and the intention of the Council was to move forward on its plan before the deadlines wherever possible.

The proposals were debated by the Council and put to a vote and passed unanimously.

RESOLVED that–

(1) The revised timetable, as set out in the updated Local Development Scheme (LDS), for the preparation of the Lewes Local Plan (i.e. for the planning authority area outside the South Downs National Park)(attached at report Appendix 1) and resolve that it will come into effect the day after the Full Council meeting and be published on the council’s website; and

(2) The delegated authority is provided to the Chief Executive in consultation with the Cabinet Member for Planning and Infrastructure to make minor and presentational updates to the LDS where necessary.

Report of Councillor Brett on behalf of the Policy and Performance Advisory Committee. Referred from the meeting of the Policy and Performance Advisory Committee on 26 November 2024.

Councillor Keene (Chair of the Panel) moved and Councillor Cohen (Deputy Chair of the Panel) seconded the recommendations to Council from the Southern Water Scrutiny Panel and the Policy and Performance Advisory Committee. Councillor Keene thanked Councillor Cohen for the time and effort he had put into the report, all members of the Panel for their contributions, and officers for their support and expertise.

Councillor Keene and Councillor Cohen highlighted key portions of the report and the factors that led to poor quality of water in local rivers and seas, and a continued history of dumping of sewage and leaking of other pollutants. Although it was recognised that the new Government had made a start with an independent commission, it was felt that this work would take time, and the report set out immediate actions and included recommendations to the Government, to Southern Water and to the Council’s Cabinet and Officers.

The recommendations were debated by the Council and welcomed.  Councillor Robinson offered to pass to Councillors Keene and Cohen details on how they could take part like in the Independent Water Commission Call for Evidence. As the water champion and Cabinet Lead for Climate and Nature, Councillor O’Brien responded to the recommendations on actions the Council itself could take, and work that had already started with the Southern Water Local Authority Stakeholder Group, building water quality considerations into the new local plan and projects towards nature restoration and rewilding.

The recommendations were put to a vote and carried unanimously.

RESOLVED:

A.   To ask the Leader of the Council:

1.           To write to the secretary of state for environment, food and rural affairs (Defra) calling for the Government: 

a)      To welcome the Government’s new sector review into the water industry, but express disappointment that this does not currently include nationalisation. To urge the Government to reconsider bringing water companies, including Southern Water, into public ownership and to ensure adequate funding (estimated at least £260bn) to upgrade sewerage infrastructure over 10 years.

b)      To support the Government’s expressed intention to reform or replace Ofwat with a fit for purpose regulator capable of prioritising the public interest and health and wellbeing over company profits or financial viability, and of ensuring the environmental sustainability of water companies’ whole operations.

c)      To restore funding and resources to the Environment Agency to at least 2009-10 levels in real terms, and to a level enabling it to be adequately funded and staffed to undertake active and regular monitoring and investigation of regulation breaches and take effective enforcement action.

d)      To ensure sufficient funding for farmers and landowners to reduce water wastage, improve natural water management, and reduce harmful runoff into waterways through sustainable land management practices.

e)      To introduce a new environmental impact rating for water companies which includes permitted and non-permitted sewage discharges.

f)        To instruct Defra, the EA, and Ofwat to cooperate fully with the Office for Environmental Protection’s investigation into their possible failure to comply with environmental law in relation to  ...  view the full minutes text for item 37d

Report of the Chief Executive and Councillor Clay on behalf of the Licensing Committee.  Referred from the Licensing Committee on 23 January 2025.

Councillor Clay moved and Councillor Alexander seconded the proposals recommended from the Licensing Committee on 23 January 2025 to approve the licensing fees and charges to come into effect on 1 April 2025.

Councillor Clay advised that a minor change has been made to the fees since the Licensing Committee, which was that the Lead for Regulatory Services had withdrawn the new film classification fee, which had originally be included in error. He thanked the Licensing Team for their work on the fees, which were required to cover the cost of the service, and that were directly at the safety of the public.

The proposals were put to a vote and approved by 31 votes to 0, with 2 abstentions. 

RESOLVED – To approve the Licensing Fees proposed within Appendix 1 to the report to apply from 1 April 2025.

Report of the Chief Executive and Councillor Clay on behalf of the Licensing Committee. Referred from the Licensing Committee on 18 December 2024.

Councillor Clay moved and Councillor Alexander seconded the proposals recommended from the Licensing Committee on 23 January 2025 to approve the Statement of Gambling Principles.

Councillor Clay advised there had been a six-week consultation with the public, trade and interested bodies on the recommended amendments to the Statement of Gambling Principles following the Licensing Committee.  He confirmed that no additional changes had been needed to the document as a result of the consultation.

The proposals were put to a vote and approved unanimously.

RESOLVED – To approve the revised Lewes District Council’s Statement of Gambling Principles within Appendix 1 to the report.

To deal with written questions which councillors may wish to put to the Chair of the Council, a Lead Councillor on the Cabinet or the Chair of any committee or sub-committee in accordance with Council Procedure Rule 12 (if any).

There were no written questions from Councillors.

To consider a motion submitted by Councillor Christine Brett.

Councillor Brett moved and Councillor Makepeace seconded the motion set out in the agenda to support the Women Against State Pension Injustice (WASPI) campaign. In moving the motion Councillor Brett outlined the significant impact that the rise in pension age had had on women born in the 1950s without sufficient notice, and the impact on a great number of women in the Lewes District. She advised that this week another judicial review had started, as the compensation recommended by the ombudsman had not yet been paid by the Government.

The motion was debated by the Council. It was requested that additional information be provided on the impact on women in particular in the Lewes District

Councillor O’Connor advised he could not support the motion as it stood as he did not believe that the Government had ignored the ombudsman’s assessment but had found it difficult to implement it due to the country’s financial position. He moved amendments to points 1 and 2 of the motion as shown in bold:

‘The Council resolves:

1. That it deeply regrets a decision of a Labour Government that it felt that it could not implement the assessment independent non-party political ombudsman’s assessment that compensation should be paid to them; this is deeply unconstitutional.

2. To call upon the Government to reconsider its position as soon as it is possible to do so and make fair pension arrangements for all women born on or after the 6 April 1950 who have unfairly borne the burden of the increase to state pension age, with lack of appropriate notification.’

The amendment was put to the proposer (Councillor Brett) and she advised that she could not incorporate it into her motion, as she felt redress was needed quickly. Councillor Fabry seconded the Councillor O’Connor’s amendment and the Council was invited to debate it.  

Councillor Maples moved an amendment to the amendment in relation to points 1 and 2 so that they read as follows:

‘That the Council resolves

1.     Its regret that the Labour Government was unable to redress the compensation gap following the independent non-party political ombudsman’s assessment that compensation should be paid to WASPI women; this is deeply unconstitutional.

2.     To request that the Government reconsider its decision in the next budget round or sooner, given the immediate effects on WASPI women.’

Councillor O’Connor as proposer of the amendment agreed to support the revision and it was incorporated into the amendment.  Councillor Brett as proposer of the original motion advised that she would be able to support the revised version subject to the replacement of the word ‘gap’ with ‘omission’.  This was agreed by those putting forward the amendment and the seconder of the motion.

The motion as amended was then debated across the Council and received broad support.  It was put to a vote and agreed by approved by 31 votes to 0, with 2 abstentions.

RESOLVED: That the Council resolves:

1.     Its regret that the Labour Government was unable to redress the  ...  view the full minutes text for item 39a

To consider a motion submitted by Councillor Ezra Cohen.

Councillor Cohen moved and Councillor Gallagher seconded the motion as set out in the agenda. Councillor Cohen explained the background to the motion, and that it recommended a series of reforms to enhance the Government’s devolution agenda, proposals to support a diversity of candidates, to reduce the costs of standing, to include a fairer voting system, to give local accountability for the decisions of an elected mayor, and powers to make devolution fit to meet the challenges of the climate and nature emergencies.

The Council debated the motion, and it received broad support.  It was highlighted that there was a need for further clarity of the roles of Town and Parish Councils in the legislation from the Government in relation to local government reform.

The motion was put to a vote and approved unanimously:

RESOLVED:

This Council therefore resolves to:

1. Mandate the Leader to write to the relevant minister in the Ministry of Housing, Communities and Local Government (MHCLG), calling for:

a)    the cost of standing for election to be lowered by reducing deposit requirements, and introducing an alternative mechanism, such as requiring signatures from electors, to discourage frivolous candidacies.

b)    the reduction of spending limits in mayoral elections to ensure fair and equitable competition among candidates, and to write to the Electoral Commission to seek its support for this recommendation.

c)     the reintroduction of a fairer voting system, such as the Supplementary Vote, for mayoral elections in England.

d)    the establishment of a democratically elected Strategic Authority Assembly as part of the devolution process in Sussex and Brighton, to provide oversight and scrutiny of the Mayor’s decisions, and to write to the Local Government Association (LGA) to investigate whether this move could be backed and supported nationally.

e)    the use of the additional member system or another form of mixed-member proportional representation as the method by which to elect members to the above Strategic Authority Assembly.

2. Mandate the Leader to write to the relevant Ministers in MHCLG and the Department for Energy Security and Net Zero in support of the six key recommendations to Government set out by the South East Climate Alliance, along with 12 other climate action networks across the country, to make devolution work for climate and nature [1]. 
3. Mandate the Leader to write to the Leaders of the District, Borough, County and City Councils in East and West Sussex and Brighton & Hove, the relevant minister in the Ministry of Housing, Communities and Local Government, and our local MPs, stating Lewes District Council's position with regard to the above resolutions and seeking their support for these reforms. 
4. Advocate for the positions enumerated above during the devolution process in our interactions with Local Authorities in East and West Sussex and Brighton & Hove, MHCLG and other relevant stakeholders.

[1] Its key recommendations are to establish statutory climate and nature duties for Strategic Authorities, to embed climate and nature outcomes in the proposed settlement framework, to incorporate climate and nature data into decision making, to embed a “climate and  ...  view the full minutes text for item 39b

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. (NB 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).

Councillor Bristow asked the following question to the Leader of the Council:

‘Given the devastating news that the Havens Food Co-operative has announced today that it will close its doors at the end of the month, is Lewes District council able to reassure that all possible steps will be taken to support this vital link for the community to alleviate poverty and the environment impact of tonnes of waste food going to landfill’.

Councillor Nicholson responded that that Havens Food Co-operative was a great project that had been hit as part of a wider issue of a wealth of cuts being made to community grants and voluntary services across East Sussex.  The Haven’s cooperative has been a recipient of a proportion of the UK Shared Prosperity Fund last year.  The amount of the fund for Lewes District has reduced to £100k this year, but as a previous recipient, Haven’s cooperative could submit a bid, which might bridge the gap until other funding was found.

To agree the proposed Calendar of Meetings for 2025/26.

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

Councillor Maples moved and Councillor Makepeace seconded the acceptance of the proposed Draft Calendar of Meetings for 2025-26.  It was noted that the dates would be subject to final ratification at annual council in line with legislation

This was put to the vote and approval unanimously.

RESOLVED: That the draft Calendar of Meetings for 2025/26 be approved.

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

There were no ward issues to consider at this meeting.

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:

• Councillors Nicholson and Robinson – Reimagining Newhaven Board
• Councillor Nicholson - Greater Brighton Economic Board, Newhaven Fishing CIC Board.
• Councillor O’Connor – Wave Active
• Councillor Sean Macleod – Mental Health Champion
• Councillor Paul Keene – Sussex Police and Crime Panel

In addition, Councillor Maples advised she had attended the AGM of the Southeast Community Rail Partnership as a Town Councillor.  The former chair, Norman Baker was missed, but it was a very productive meeting including information around additional funding for local stations, and celebrations of the 200^th anniversary of the railways.

The next meeting is scheduled to take place on 19 May 2025 at 6 pm.

It was noted that the next meeting was scheduled to take place at 6 pm on Monday 19 May 2025.