Agenda item

To receive any motions from Councillors in accordance with Standing Order 19.

 

Note: The deadline for motions to be considered at this meeting was Monday 12 October 2020 and 6 were received:

 

Motion 1

The following amendments to the SBC Constitution are to be proposed.

 

That the Constitution be amended as follows:

 

Part 4 section (d)
Financial Regulation B: Financial Planning
Capital
Authorisation of Capital Expenditure
Para B24 be amended as follows
‘Capital expenditure on a scheme not included in estimates or budgets may only be incurred after full evaluation of that scheme by the Leader (if under £20,000) or Cabinet (between £20,000 and £1million) Any proposed capital expenditure over £1 million must be evaluated and agreed by majority of Council Members'.

 

The paragraph will continue as detailed- ‘This will include a statement………….’

 

A final sentence to be added: ‘This paragraph (B24) shall take priority over any other clause or paragraph within this Constitution that may be, or appear to be, in conflict.’

Para A38 be amended as follows:

The Leader is authorised to approve a total supplementary expenditure in a year not exceeding 5% of the approved net revenue budget and £20,000 on any approved capital scheme.

 

Part 4 section (c)

Who May Make Cabinet Decisions

Para 2.1 be amended as follows

‘The arrangements for the discharge of Cabinet functions may be set out by the Leader. The Leader may, after full consultation and agreement of the majority of Cabinet members, provide for Cabinet functions to be discharged by: The list (a) to (g)

 

Quorum

Para 6.1be amended as follows:

The quorum for a meeting of the Cabinet is 5.

 

Proposed by Councillor T. Mitchell

Seconded by Councillor R. Barratt

 

 

Motion 2

 

“Members will undoubtedly have noticed the growth in the number of small silver canisters lying around in our borough. These are Nitrous Oxide gas cylinders which are not being used for the purpose that they were manufactured but are being used by youngsters to give themselves an instant ‘high’. 

 

The gas does unfortunately have side effects. It is very dangerous to inhale nitrous oxide directly from the canister and doing it in an enclosed space is also very dangerous. If you take too much nitrous oxide you risk falling unconscious and/or suffocating from the lack of oxygen. People have died this way.

This is a psychoactive drug and is covered by the 2016 Psychoactive Substances Act, which means it’s illegal to give away or sell. There’s no penalty for possession unless you’re in prison.  Supply and production can get you up to 7 years in prison, an unlimited fine or both.

In order to try to protect our residents from the effect of this drug:-

 

This Council resolves to:-

 

a) Hold an advertising campaign to 

i) remind local businesses of the legislation regarding supply of these canisters. 

ii) remind parents/guardians of the harm that inhaling Nitrous Oxide from these cylinders will cause for their children.

b) ask schools and youth organisations to highlight the dangers of inhaling Nitrous Oxide from these cylinders. 

c) use our JET team to carry out test purchases in the same way we do for licensed premises 

d) write to the Home Secretary to ask that the Psychoactive Substances Act be reviewed to remove loopholes which prevent prosecutions and increase fines for illegal importation and sale.”

 

Proposed by Councillor R.A. Smith-Ainsley

Seconded by Councillor I.J. Beardsmore

 

 

 

Motion 3

 

“This Council notes: The publication by Government of the White Paper, Planning for the Future on 6 August 2020, which set out proposals on reforms to the planning process for the future.

 

This Council believes:

1.    That existing planning procedures, as currently administered by our own team, allow for local democratic control over future development, and give local people a say in planning proposals that affect them.

2.    That proposals for automatic rights to build in growth areas, and increase permitted development rights, risk unregulated growth and unsustainable communities.

3.    That local communities must be in the driving seat on shaping the future of their communities, and local determination of the planning framework and planning applications play an important part in this process.

 

And this Council resolves to:

1.    Take part in the consultation on the planning proposals, and to make representations against the proposals as outlined in this motion.

2.    Write to and lobby our Member of Parliament, urging him to oppose these proposals and to circulate the reply to members.

3.    Highlight its concerns over these proposals with the public and local residents.

 

This Council is concerned that the proposals seek to:

 

1. Reduce or remove the right of residents to object to applications near them.

2. Grant automatic rights for developers to build on land identified for growth.

3. Remove section 106 payments for infrastructure and their replacement with a national levy.

 

The vast majority of planning applications are given the go ahead by local authority planning committees, with permission granted to around 9 out of 10 applications.
And research by the Local Government Association has said that there are existing planning permissions for more than one million homes that have not yet been started.

 

This Council further notes: The Royal Institute for British Architects called the proposals shameful and which will do almost nothing to guarantee delivery of affordable, well-designed and sustainable homes. RIBA also said that proposals could lead to the next generation of slum housing. The reforms are opposed by the all-party Local Government Association, currently led by Conservative Councillors.”

 

Proposed by Councillor B.B. Spoor

Seconded by Councillor T. Fidler

 

 

Motion 4

 

“This Council recognises that the provision of affordable housing in Spelthorne is in extremely short supply, having delivered just 427 affordable homes over a period of 10 years from 2009-2019. With a housing waiting list of over 2500 and an estimated annual level of affordable housing need of 459 per annum, it is imperative that we increase the supply of genuinely affordable homes for our constituents, as a matter of urgency.

 

We are facing a national housing emergency exacerbated by the Covid-19 pandemic. Thousands of people across the country are living without a permanent home and clearly, Spelthorne is no exception.

 

In its final report on Affordable Housing, the Affordable Housing Commission has called on the government “to make affordable housing a national priority and to put it at the centre of a national housing strategy.”

 

In line with this, this Council resolves to making the provision of affordable housing a critical priority and pledges:

 

1. To provide at least 1000 affordable homes over a 5-year period from 2021-2025. The difference between the number of affordable homes supplied by private developers and the pledge of 1000 homes, will be supplied by Spelthorne Council/Knowle Green Estates. The affordable homes will be built on brownfield sites and not on Greenbelt or Public Urban Open Spaces. 

 

2. That a minimum of 50% of housing on sites will be affordable where the development comprises 10 or more dwellings or the site is 0.5 hectares or larger irrespective of the number of dwellings.

 

3. To adopt the measurement of housing affordability as recommended by the Affordable Housing Commission, which states that the measurement of affordability should be at the point where rent does not exceed a third of household income.”

 

Proposed by Councillor V. Siva

Seconded by Councillor J. Doerfel

 

 

Motion 5

"According to the Royal College of Physicians an estimated 40,000 deaths a year in the UK are linked to air pollution, with engine idling contributing to this. Engine idling can release 150 balloons worth of exhaust emissions in just one minute.

 

As stated by the RAC “(t)hese fumes contain a number of harmful gasses including carbon dioxide, which is bad for the environment and contributes towards climate change, as well as a range of other harmful gasses including nitrogen dioxide, carbon monoxide and hydrocarbons which are linked to asthma and other lung diseases.”

 

As a Council that wishes to improve air quality across the borough, this council herewith decides to:-

 

a) Declare a Borough-wide “Clean Air and no idling zone” by 1st January 2021,
b) encourage all residents and businesses to stop engine idling in the Borough through awareness-rising in Council publications, communications and as part of a general awareness campaign pointing out the harm of idling and that engine idling is already liable for a penalty notice under existing legislation,
c) encourage and assist schools, businesses, and other partners in the Borough to highlight the health hazards and environmental impact of idling and to take measures to combat idling through signage and other measures,
d) write to Surrey County Council urging the Council to proactively address and combat idling as a matter of urgency including through the implementation of a Traffic Regulation Order to this effect, increased use of custom signage, idling penalties and increased enforcement resourcing for monitoring of idling hotspots including in busy shopping areas, car parks, near schools and in residential areas.
e) Write to the Government urging for a substantial increase in fines for stationary idling and repeat idling through legislative reform and statutory operational guidance to authorities.
f) Work with other local authorities to learn from best practices and work together for legislative reform."

 

 

Proposed by Councillor J. Doerfel

Seconded by Councillor T. Lagden

 

 

Motion 6

 

Climate Emergency Motion

 

Spelthorne Borough Council herewith

1. declares a climate emergency immediately.
2. decides to commission a detailed study by the end of this year identifying practical steps, precise targets and concrete courses of action that can achieve carbon neutrality as soon as possible,
3. decides to network with other local authorities and the Local Government Association with a view to learning from best practices by other Councils that have adopted carbon neutrality targets and/or other measures mitigating the effects of Climate Change,
4. decides to establish a Climate Change Citizens Assembly for residents to help address our climate emergency before the end of the year with the first meeting to be held remotely in January 2021.

 

Proposed by Councillor J. Doerfel

Seconded by Councillor V. Siva

 

 

The Mayor advised that in accordance with Standing Order 17 the Council had received six written Notices of Motions.

 

The Monitoring Officer advised that Motion 4, proposed by Councillor Siva, could not be considered by the Council as it was unlawful.

 

Motion 1

The Council considered the Report of the Monitoring Officer on the Motion to make changes to the Constitution.

 

Councillor A.J. Michell moved and Councillor R.O. Barratt seconded the following motion:

 

“That the Constitution be amended as follows:

 

a.         Part 4 Section (d) – Financial Regulations

 

i. Para B24 be amended as follows:

 

‘Capital expenditure on a scheme not included in estimates or budgets may only be incurred after full evaluation of that scheme by the Leader (if under £20,000) or Cabinet (between £20,000 and £1million) Any proposed capital expenditure over £1 million must be evaluated and agreed by majority of Council Members'.

 

The paragraph will continue as detailed- ‘This will include a statement………….’

 

A final sentence to be added: ‘This paragraph (B24) shall take priority over any other clause or paragraph within this Constitution that may be, or appear to be, in conflict.’

 

ii. Para A38 be amended as follows:

 

The Leader is authorised to approve a total supplementary expenditure in a year not exceeding 5% of the approved net revenue budget and £20,000 on any approved capital scheme.

 

b. Part 4 section (c) Who May Make Cabinet Decisions

 

i. Who may make cabinet decisions: Para 2.1 be amended as follows:

 

‘The arrangements for the discharge of Cabinet functions may be set

out by the Leader. The Leader may, after full consultation and

agreement of the majority of Cabinet members, provide for Cabinet

functions to be discharged by: The list (a) to (g)

 

ii. Quorum: Para 6.1 be amended as follows:

The quorum for a meeting of the Cabinet is 5.

 

c. Part 4a Standing Orders

 

That Standing Order 4(a) be amended to read:

 

‘The quorum of the Council is one quarter of the total number of councillors (and in the case of Cabinet shall be 5 members) and no business shall be considered unless a quorum is present.’

 

In accordance with Standing Order 20.13 the Council gave its consent to the alteration of the Motion on notice.

 

The motion was debated, put to the vote and carried.

 

Resolved that the Constitution be amended as follows:

 

a.         Part 4 Section (d) – Financial Regulations

 

i. Para B24 be amended as follows:

 

‘Capital expenditure on a scheme not included in estimates or budgets may only be incurred after full evaluation of that scheme by the Leader (if under £20,000) or Cabinet (between £20,000 and £1million) Any proposed capital expenditure over £1 million must be evaluated and agreed by majority of Council Members'.

 

The paragraph will continue as detailed- ‘This will include a statement………….’

 

A final sentence to be added: ‘This paragraph (B24) shall take priority over any other clause or paragraph within this Constitution that may be, or appear to be, in conflict.’

 

ii. Para A38 be amended as follows:

 

The Leader is authorised to approve a total supplementary expenditure in a year not exceeding 5% of the approved net revenue budget and £20,000 on any approved capital scheme.

 

b. Part 4 section (c) Who May Make Cabinet Decisions

 

i. Who may make cabinet decisions: Para 2.1 be amended as follows:

 

‘The arrangements for the discharge of Cabinet functions may be set

out by the Leader. The Leader may, after full consultation and

agreement of the majority of Cabinet members, provide for Cabinet

functions to be discharged by: The list (a) to (g)

 

ii. Quorum: Para 6.1 be amended as follows:

The quorum for a meeting of the Cabinet is 5.

 

c. Part 4 section (a) Standing Orders

 

That Standing Order 4(a) be amended to read:

 

‘The quorum of the Council is one quarter of the total number of councillors (and in the case of Cabinet shall be 5 members) and no business shall be considered unless a quorum is present.’

 

Motion 2

 

Councillor R.A. Smith-Ainsley moved and Councillor I.J. Beardsmore seconded the following Motion:

 

“Members will undoubtedly have noticed the growth in the number of small silver canisters lying around in our borough. These are Nitrous Oxide gas cylinders which are not being used for the purpose that they were manufactured but are being used by youngsters to give themselves an instant ‘high’. 

The gas does unfortunately have side effects. It is very dangerous to inhale nitrous oxide directly from the canister and doing it in an enclosed space is also very dangerous. If you take too much nitrous oxide you risk falling unconscious and/or suffocating from the lack of oxygen. People have died this way.

This is a psychoactive drug and is covered by the 2016 Psychoactive Substances Act, which means it’s illegal to give away or sell. There’s no penalty for possession unless you’re in prison.  Supply and production can get you up to 7 years in prison, an unlimited fine or both.

In order to try to protect our residents from the effect of this drug:-

This Council resolves to:-

a) Hold an advertising campaign to 

i) remind local businesses of the legislation regarding supply of these canisters. 

ii) remind parents/guardians of the harm that inhaling Nitrous Oxide from these cylinders will cause for their children.

b) ask schools and youth organisations to highlight the dangers of inhaling Nitrous Oxide from these cylinders. 

c) use our JET team to carry out test purchases in the same way we do for licensed premises 

d) write to the Home Secretary to ask that the Psychoactive Substances Act be reviewed to remove loopholes which prevent prosecutions and increase fines for illegal importation and sale.”

 

Councillor J.R. Sexton called for a recorded vote on the Motion.

 

The Motion was put to the vote which was recorded as follows:

 

FOR (20)	Councillors C. Bateson, I.J. Beardsmore, A. Brar, J.H. Doerfel, J.T. Doran, S.M. Doran, R.D. Dunn, S.A. Dunn, T. Fidler, K.M. Grant, H. Harvey, I.T.E. Harvey, L.E. Nichols, O. Rybinski, D. Saliagopoulos, J.R. Sexton, R.W. Sider BEM, R.A. Smith-Ainsley, B.B. Spoor and J. Vinson.
AGAINST (15)	Councillors M.M. Attewell, C. Barnard, C. Barratt, R.O. Barratt, J.R. Boughtflower, S. Buttar, N.J. Gething, M. Gibson, A.C. Harman, N. Islam, T. Lagden V.J. Leighton, M.M. Madams, J. McIlroy and A.J. Mitchell.
ABSTAIN (0)

 

The Motion was carried.

 

Resolved to:

a) Hold an advertising campaign to 

i) remind local businesses of the legislation regarding supply of these canisters. 

ii) remind parents/guardians of the harm that inhaling Nitrous Oxide from these cylinders will cause for their children.

b) ask schools and youth organisations to highlight the dangers of inhaling Nitrous Oxide from these cylinders. 

c) use our JET team to carry out test purchases in the same way we do for licensed premises 

d) write to the Home Secretary to ask that the Psychoactive Substances Act be reviewed to remove loopholes which prevent prosecutions and increase fines for illegal importation and sale.”

 

The meeting adjourned at 10pm with the remaining business on the agenda deferred until 29 October 2020.