Agenda and minutes

Council - Wednesday, 9th November, 2016 1.00 pm

Venue: Civic Hall, Leeds

Contact: Kevin Tomkinson, Governance Services Unit 

Media

Items
No. Item

47.

Announcements

Additional documents:

Minutes:

a)  The Lord Mayor reminded those present that the meeting was to be webcast.

 

b)  The Lord Mayor reminded Council that Friday was Armistice Day and invited Members to join him at the War Memorial in Victoria Gardens.

 

c)  The Lord Mayor reminded Council that there would be the usual Remembrance Sunday Service and invited Members to join him.

 

d)  The Lord Mayor informed Council of the recent deaths of former Lord Mayor Dr Graham Kirkland and former Councillor Dr Makhan Thakur.

 

 

  Council stood in silent tribute.

48.

Declarations of Interest

To receive any declarations of interest from Members

 

Additional documents:

Minutes:

There were no declaration of interests.

 

49.

Minutes pdf icon PDF 134 KB

To approve the minutes of the Council Meeting held on 14th September 2016.

Additional documents:

Minutes:

It was moved by Councillor Ogilvie, seconded by Councillor G Latty and

 

RESOLVED – That the minutes of the meeting held on 14th September 2016 be approved.

 

50.

Communications

To receive such communications as the Lord Mayor, the Leader,  Members of the Executive Board or the Chief Executive consider appropriate.

Additional documents:

Minutes:

There were no communications.

51.

Deputations

To receive deputations in accordance with Council Procedure Rule 10.

Additional documents:

Minutes:

One deputation was admitted to the meeting and addressed Council to raise awareness in respect of the Richmond Hill Primary School - Fuel for School scheme.

 

RESOLVED – That the subject matter in respect of the deputation be referred to the Acting Director of Childrens Services for consideration in consultation with the relevant Executive Member 

52.

Report on Appointments pdf icon PDF 93 KB

To consider the report of the City Solicitor on appointments.

Additional documents:

Minutes:

It was moved by Councillor Ogilvie, seconded by Councillor C Dobson and

 

RESOLVED – That the report of the City Solicitor on appointments be approved, namely that Councillor Wakefield replace Councillor Heselwood on Development Plan Panel and Steve Walker, (Acting) Director of Children’s Services be appointed to the Health and Wellbeing Board.

53.

Report on Leeds Award pdf icon PDF 87 KB

To consider the report of the City Solicitor in respect of the Leeds Award.

 

 

Additional documents:

Minutes:

It was moved by Councillor G Hyde, seconded by Councillor Ogilvie and

 

RESOLVED – That the recommendations of the Leeds Award Panel to nominate Dr Kevin Grady to receive the Leeds Award, as presented by the report of the City Solicitor, be approved. 

 

54.

Report on Amendments to the Executive Arrangements pdf icon PDF 93 KB

To note the report of the City Solicitor setting out amendments made to the Leader’s executive arrangements to ensure that they remain up to date and fit for purpose.

Additional documents:

Minutes:

It was moved by Councillor Ogilvie, seconded by Councillor C Dobson and

 

RESOLVED - That the report of the City Solicitor on amendments to the Executive Arrangements be noted.

 

55.

Report on Treasury Management Strategy Update 2016/17 pdf icon PDF 310 KB

To consider the report of the Deputy Chief Executive in respect of the Treasury Management Strategy Update 2016/17.

 

 

 

 

Additional documents:

Minutes:

It was moved by Councillor J Lewis, seconded by Councillor Ogilvie and

 

RESOLVED –

 

(a)  That the update on the Treasury Management borrowing and investment strategy for 2016/17 be noted.

 

(b)  That the borrowing limits for 2016/17, 2017/18 and 2018/19 as detailed in Section 3.2 of the report and the changes to both the Operational Boundary and the Authorised limits as set out in Para 3.2.5 be approved.

56.

Report on Plans Panels Annual Report 2015-16 pdf icon PDF 89 KB

To consider the report of the Chief Planning Officer presenting to Council the 2015-16 Plans Panel annual report.

Additional documents:

Minutes:

It was moved by Councillor R Lewis, seconded by Councillor Ogilvie and

 

RESOLVED - That the annual report be received and noted.

 

57.

Questions

To deal with questions in accordance with Council Procedure Rule 11.

Additional documents:

Minutes:

Q1  Withdrawn

 

Q2  Councillor Cleasby to the Executive Member (Children and Families):-

 

Does the executive member share my disappointment at the failure of Horsforth School’s bid for a sixth form facility on the former Leeds City College site in my ward?

 

The Executive Member (Children and Families) replied.

 

Q3  Councillor Towler to the West Yorkshire Combined Authority Transport Committee:-

 

Please could the Chair of the West Yorkshire Combined Authority Transport Committee update Council on the combined authority’s West Yorkshire wide transport consultation?

 

The West Yorkshire Combined Authority Transport Committee replied.

 

Q4  Councillor Leadley to the Executive Member (Regeneration, Transport and Planning):-

 

Would the Executive Board Member for Regeneration, Transport and Planning please tell us how many planning applications were referred to Plans Panels in the 2015 – 16 municipal year, and of those how many were referred by officers and how many by councillors?

 

The Executive Member (Regeneration, Transport and Planning) replied.

 

Q5  Councillor S McKenna to the Executive Member (Regeneration, Transport and Planning):-

 

Can the Executive Member for Regeneration, Transport and Planning update us on the recent decision from the Secretary of State on Grove Road?

 

The Executive Member (Regeneration, Transport and Planning) replied.

 

 

 

Q6  Councillor Lamb to the Executive Member (Children and Families):-

 

Is the Executive Board Member for Children and Families as concerned as I am about the fact that across the whole of Yorkshire, Leeds had the joint lowest level of seven year olds reaching the expected standard in reading and writing this year? 

 

The Executive Member (Children and Families) replied.

 

Q7  Councillor Downes to the Executive Member (Resources and Strategy):-

 

Would the executive member please explain to council why members are unable to give MICE money to the Yorkshire Air Ambulance?

 

The Executive Member (Resources and Strategy) replied.

 

Q8  Councillor Sobel to the Executive Member (Environment and Sustainability):-

 

Following the Government’s announcement regarding Clean Air Zones, can the Executive Member for Environment and Sustainability tell us what the Council is doing to tackle poor air quality?

 

The Executive Member (Environment and Sustainability) replied.

 

Q9  Councillor Gettings to the Executive Member (Communities):-

 

There is increasing concern about the number of people begging in the city centre. Could Council be advised about the legality of begging in the city and more importantly what is the city doing to help the people who find themselves in this position.

 

The Executive Member (Communities) replied.

 

Q10  Councillor Jarosz to the Executive Member (Health, Wellbeing and Adults):-

 

Can the Executive Member for Health, Wellbeing and Adults comment on the government’s recent announcement of cuts to community pharmacies?

 

The Executive Member (Health, Wellbeing and Adults) replied.

 

Q11  Councillor B Anderson to the Executive Member (Environment and Sustainability).

 

Is the Executive Member responsible concerned that despite efforts by the Administration, residents still don’t understand why Forestry are unable to prioritise tree works to improve the quality of life for residents?

 

The Executive Member (Environment and Sustainability) replied.

 

At the conclusion of question time, the following  ...  view the full minutes text for item 57.

58.

Minutes of the Health and Wellbeing Board and the Executive Board pdf icon PDF 108 KB

To receive the minutes in accordance with Council Procedure Rule 2.2(i):-

Additional documents:

Minutes:

It was moved by Councillor Blake, seconded by Councillor Ogilvie that the minutes be received in accordance with Council Procedure Rule 2.2(i).

 

An amendment (reference back) was submitted by Councillor Golton, seconded by Councillor A Blackburn.

 

To add the following at the end of item 11:

 

‘To ask the Executive Board to reconsider the decision in relation to the ‘Better Lives Programme’ Phase Three – Next Steps and Progress Report, contained in minute 60 of the Executive Board minutes of 21st September 2016.’

 

A second amendment (reference back) was submitted by Councillor Buckley, seconded by Councillor Lamb

 

To add the following at the end of item 11:

 

In respect of Minute 60, Page 79 of the meeting of the Executive Board on 21 September 2016 and Minute 83, Page 96 of the meeting of Executive Board on 19 October 2016 to ask that the decisions are referred back for reconsideration by Executive Board.

 

Upon being put to the vote the amendments (references back) were declared lost and upon being put to the vote it was 

 

RESOLVED – That the minutes be received in accordance with Council Procedure Rule 2.2(i).

 

 

On the requisition of Councillors Campbell and G Latty the voting on the amendments (references back) was recorded as follows;

 

Amendment (reference back) In the name of Councillor Golton

 

YES – 34

 

B Anderson, C Anderson, S Bentley, A Blackburn, D Blackburn, Buckley, Campbell, Andrew Carter, Amanda Carter, Chapman, Cleasby, Cohen, Collins, Downes, Elliott, Finnigan, Flynn, Gettings, Golton, Harrand, Lamb, G Latty, P Latty, Lay, Leadley, J Procter, R Procter, Robinson, Stephenson, Varley, Wadsworth, Wilford, Wilkinson and Wood

 

NO – 60

 

Akhtar, Arif, Blake, Bruce, Charlwood, Congreve, Coulson, Coupar, Davey , Dawson, C Dobson, M Dobson, Dowson, Dunn, Field, Gabriel, Garthwaite, P Grahame, R Grahame, C Gruen,  P Gruen, Groves, Hamilton, Harland, Hayden, Heselwood, A Hussain, G Hussain, Hyde, Illingworth, Iqbal, Jarosz, J Lewis, R Lewis, Lowe, Lyons, Macniven, Maqsood, J McKenna, S McKenna, Mulherin, Nagle, Nash, Ogilvie, Pryor, Rafique, Ragan, Renshaw, Ritchie, Selby, Smart, Sobel, E Taylor, Towler, Truswell, Tunnicliffe, Walker, Walshaw, Wakefield , and Yeadon. 

 

ABSTAIN - 0

 

Amendment (reference back) In the name of Councillor Buckley

 

YES – 34

 

B Anderson, C Anderson, S Bentley, A Blackburn, D Blackburn, Buckley, Campbell, Andrew Carter, Amanda Carter, Chapman, Cleasby, Cohen, Collins, Downes, Elliott, Finnigan, Flynn, Gettings, Golton, Harrand, Lamb, G Latty, P Latty, Lay, Leadley, J Procter, R Procter, Robinson, Stephenson, Varley, Wadsworth, Wilford, Wilkinson and Wood

 

NO – 59

 

Akhtar, Arif, Blake, Bruce, Charlwood, Congreve, Coulson, Coupar, Dawson, C Dobson, M Dobson, Dowson, Dunn, Field, Gabriel, Garthwaite, P Grahame, R Grahame, C Gruen,  P Gruen, Groves, Hamilton, Harland, Hayden, Heselwood, A Hussain, G Hussain, Hyde, Illingworth, Iqbal, Jarosz, J Lewis, R Lewis, Lowe, Lyons, Macniven, Maqsood, J McKenna, S McKenna, Mulherin, Nagle, Nash, Ogilvie, Pryor, Rafique, Ragan, Renshaw, Ritchie, Selby, Smart, Sobel, E Taylor, Towler, Truswell, Tunnicliffe, Walker, Walshaw, Wakefield , and Yeadon. 

 

ABSTAIN - 0

 

Council procedure Rule 4,  ...  view the full minutes text for item 58.

59.

Report on Devolution pdf icon PDF 91 KB

To consider a report of the Chief Executive updating Members on matters in the Leeds City Region LEP and the West Yorkshire Combined Authority, specifically this report provides details of the latest public combined authority meeting in September. 

Additional documents:

Minutes:

It was moved by Councillor Blake, seconded by Councillor Wakefield

 

 

RESOLVED – That the report of the Chief Executive updating Members on matters in respect of devolution be received.

60.

Motion to Suspend Council Procedure Rules

Additional documents:

Minutes:

It was moved by Councillor Lamb, seconded by Councillor G Latty that under the provisions of Council Provision Rule (CPR) 22.1 (Suspension of CPRs), that CPR 3.4 (time limits for business) be suspended to allow all speakers on the White Paper Motion in the name of Councillor Andrew Carter.

 

Upon being put to the vote it was

 

RESOLVED – That leave of Council be given to suspend Council Procedure Rules to allow all speakers on the White Paper Motion in the name of Councillor Andrew Carter.

 

On the requisition of Councillors Lamb and G Latty the voting on this procedural motion was recorded as follows;

 

 

YES – 92

 

Akhtar, B Anderson, C Anderson, Arif, S Bentley, A Blackburn, D Blackburn, Blake, Bruce, Buckley, Campbell, Andrew Carter, Amanda Carter, Chapman, Charlwood, Cleasby, Congreve, Cohen, Collins, Coulson, Coupar, Davey, C Dobson, M Dobson, Downes, Dowson, Elliott, Field, Finnigan, Flynn, Gabriel, Garthwaite, Gettings, Golton, P Grahame, R Grahame, C Gruen,  P Gruen, Groves, Hamilton, Harland, Harrand, Hayden, Heselwood, A Hussain, G Hussain, Hyde, Illingworth, Iqbal, Jarosz, Lamb, G Latty, P Latty, Lay, Leadley, J Lewis, R Lewis, Lowe, Lyons, Macniven, Maqsood, J McKenna, S McKenna, Mulherin, Nagle, Nash, Ogilvie, J Procter, R Procter, Pryor, Rafique, Ragan, Renshaw, Ritchie, Robinson, Selby, Smart, Sobel, Stephenson, E Taylor, Towler, Truswell, Tunnicliffe, Varley, Wadsworth,

Walker, Walshaw, Wakefield , Wilford, Wilkinson, Wood and Yeadon. 

 

NO – 2

 

Dawson and Dunn

 

ABSTAIN – 0   

61.

White Paper Motion (in the name of Councillor Andrew Carter) - Planning pdf icon PDF 47 KB

This Council recalls that all Opposition Groups on the Council opposed the administration’s 70,000 housing target, regarding it as unrealistic and unnecessary. Council believes that these fears are now being realised.

 

The ongoing issue of the city’s inflated housing target and the recent findings on 5 year land supply mean that many Leeds communities face the prospect of unsustainable and unwanted housing development. This Council therefore resolves to immediately implement a review of housing numbers, while continuing to move ahead with the Site Allocations Plan. The results of this review should be reported to Executive Board at the earliest opportunity.

 

Council further resolves to write to the Housing and Planning Minister calling for a suspension of the 5 year land supply requirement on Councils that are progressing quickly towards a Site Allocations Plan hearing.

 

In addition, while generally welcoming the National Planning Policy Framework, we are concerned that it gives developers too much control over housing delivery. This Council calls on the government to consider introducing penalties against developers who are found to be land banking, and for a report to be brought to Executive Board outlining what more can be done in Leeds to address this problem.

 

Additional documents:

Minutes:

It was moved by Councillor Andrew Carter, seconded by Councillor J Procter that this Council recalls that all Opposition Groups on the Council opposed the administration’s 70,000 housing target, regarding it as unrealistic and unnecessary. Council believes that these fears are now being realised.

 

The ongoing issue of the city’s inflated housing target and the recent findings on 5 year land supply mean that many Leeds communities face the prospect of unsustainable and unwanted housing development. This Council therefore resolves to immediately implement a review of housing numbers, while continuing to move ahead with the Site Allocations Plan. The results of this review should be reported to Executive Board at the earliest opportunity.

 

Council further resolves to write to the Housing and Planning Minister calling for a suspension of the 5 year land supply requirement on Councils that are progressing quickly towards a Site Allocations Plan hearing.

 

In addition, while generally welcoming the National Planning Policy Framework, we are concerned that it gives developers too much control over housing delivery. This Council calls on the government to consider introducing penalties against developers who are found to be land banking, and for a report to be brought to Executive Board outlining what more can be done in Leeds to address this problem.

 

An amendment was moved by Councillor Leadley, seconded by Councillor Finnigan;

 

Delete the figures and words ’70,000 housing target’ and insert the words and figures ‘housing targets of 74,000 gross, 70,000 net of demolitions’ in their place.

 

A second amendment was moved by Councillor Campbell, seconded by Councillor Downes

 

In paragraph four, following “land banking”, to insert the words “or who fail to fully implement their planning permissions

 

A third amendment was moved by Councillor B Anderson, seconded by Councillor G Latty

 

Replace paragraph 1 with:

 

“This Council believes that the 70,000 housing target in the core strategy is unrealistic and unnecessary particularly in light of further population projections from the Office of National Statistics.”

 

Motion will read:

 

This Council believes that the 70,000 housing target in the core strategy is unrealistic and unnecessary particularly in light of further population projections from the Office of National Statistics.

 

The ongoing issue of the city’s inflated housing target and the recent findings on 5 year land supply mean that many Leeds communities face the prospect of unsustainable and unwanted housing development. This Council therefore resolves to immediately implement a review of housing numbers, while continuing to move ahead with the Site Allocations Plan. The results of this review should be reported to Executive Board at the earliest opportunity.

 

Council further resolves to write to the Housing and Planning Minister calling for a suspension of the 5 year land supply requirement on Councils that are progressing quickly towards a Site Allocations Plan hearing.

 

In addition, while generally welcoming the National Planning Policy Framework, we are concerned that it gives developers too much control over housing delivery. This Council calls on the government to consider introducing penalties against developers who  ...  view the full minutes text for item 61.

62.

White Paper Motion (in the name of Councillor Mulherin) - Grammar Schools pdf icon PDF 59 KB

This Council is opposed to the government policy of expanding grammar school provision.

 

Council calls up on the Secretary of State and the city’s MPs to oppose the expansion of selective education and to demand investment in education that will benefit all children. 

 

Additional documents:

Minutes:

It was moved by Councillor Mulherin, seconded by Councillor Dowson that this Council is opposed to the government policy of expanding grammar school provision.

 

Council calls up on the Secretary of State and the city’s MPs to oppose the expansion of selective education and to demand investment in education that will benefit all children. 

 

An amendment was moved by Councillor Lamb, seconded by Councillor Cohen;

 

Delete all after “This Council” and replace with:

 

“believes that every child should have the opportunity to attend a good local school and that a one size fits all model of education does not work for anyone.

 

A mixed economy of schools can provide a diverse range of educational options that suit the diverse needs of all pupils.  This council welcomes the recent Government announcement that it will not pursue a programme of forced academisation and awaits with interest the finer details of its Grammar School proposals.  

 

This council notes that Grammar schools are proven to be engines of social mobility and are particularly beneficial in areas of high deprivation.  Where there is need for good places and demand from parents, this council will welcome and support proposals that would see new Grammar schools open in Leeds.

 

This council commits to working with all education providers in Leeds, regardless of their governance model and further commits to stop putting ideology ahead of what is in the best interests of our children & young people.”

 

The amendment in the name of Councillor Lamb was declared lost and upon being put to the vote it was

 

RESOLVED – That this Council is opposed to the government policy of expanding grammar school provision.

 

Council calls up on the Secretary of State and the city’s MPs to oppose the expansion of selective education and to demand investment in education that will benefit all children. 

 

On the requisition of Councillors Ogilvie and C Dobson the voting on the amendment in the name of Councillor Lamb was recorded as follows; 

 

 

 

 

YES – 19

 

B Anderson, C Anderson, Buckley, Andrew Carter, Amanda Carter, Cohen, Collins, Flynn, Harrand, Lamb, G Latty, P Latty, J Procter, R Procter, Robinson, Stephenson, Wadsworth, Wilkinson and Wood

 

NO – 73

 

Akhtar, Arif, S Bentley, A Blackburn, D Blackburn, Blake, Bruce, Campbell, Chapman, Charlwood, Cleasby, Congreve, Coulson, Coupar, Davey , Dawson, C Dobson, M Dobson, Downes, Dowson, Dunn, Elliott, Field, Finnigan, Gabriel, Garthwaite, Gettings, Golton, P Grahame, R Grahame, C Gruen,  P Gruen, Groves, Hamilton, Harland, Hayden, Heselwood, A Hussain, G Hussain, Hyde, Illingworth, Iqbal, Jarosz, Lay,Leadley,J Lewis, R Lewis, Lowe, Lyons, Macniven, Maqsood, J McKenna, S McKenna, Mulherin, Nagle, Nash, Ogilvie, Pryor, Rafique, Ragan, Renshaw, Ritchie, Selby, Smart, Sobel, E Taylor, Towler, Truswell, Tunnicliffe, Walker, Walshaw, Wakefield , and Yeadon. 

 

ABSTAIN – 1

 

Wilford.

 

On the requisition of Councillors Ogilvie and C Dobson the voting on the motion in the name of Councillor Mulherin was *recorded as follows; 

 

*Due to a technical failure individual names were not available in respect of this vote, the numbers were  ...  view the full minutes text for item 62.

63.

White Paper Motion (in the name of Councillor Finnigan) - Care Homes pdf icon PDF 62 KB

This Council agrees to ask the Executive Board to keep open Middlecross, Siegen Manor and the Green care homes for a further 2 years.

Additional documents:

Minutes:

It was moved by Councillor Finnigan, seconded by Councillor Varley that this Council agrees to ask the Executive Board to keep open Middlecross, Siegen Manor and the Green care homes for a further 2 years.

 

An amendment was moved by Councillor Buckley, seconded by Councillor C Anderson:

 

After “a further 2 years” add:

 

or until acceptable alternative provision in the independent sector is available.”

 

Motion will read:

 

"This Council agrees to ask the Executive Board to keep open Middlecross, Siegen Manor and the Green care homes for a further 2 years or until acceptable alternative provision in the independent sector is available."

 

A second amendment was moved by Councillor Golton, seconded by Councillor Campbell

 

 After “Siegen Manor”, insert “, Home Lea House, Dolphin Manor, Spring Gardens

 

A third amendment was moved by Councillor Charlwood, seconded by Councillor Dawson

 

Delete all after “This Council” and replace with:

 

“notes Executive Board accepted the recommendations listed below from the meeting of the cross- party Scrutiny Board held on 11th October in relation to the implementation of the Better Lives Programme: Phase Three:

 

  • That the Green is retained until there can be a seamless transition to the new facility.
  • That where residents in any of the three care homes concerned are moved to alternative accommodation and, that accommodation should provide at least equal quality of care as currently provided.
  • That the Director of Adult Social Service provides extra focus on working to ensure that the quality of alternative care in the independent sector is improved significantly
  • The Scrutiny Board is satisfied with assurances given by the Director of Adult Social Services around the commitment and timescales in relation to Siegen Manor, so long as they are adhered to.
  • The Scrutiny Board has no further comment in relation to the decisions concerning Middlecross residential care home or any other establishment forming part of the Executive Board’s decision.
  • That the Scrutiny Board continues to be involved and monitors progress of any future decision in relation to the matters considered

 

Council also notes the continued commitment of the Labour Administration to provide in-house care provision, unlike many local authorities across the country, as well as the investment of the local authority in Adult Social Care, which has increased from £183.3 million in 2010/11 to £201.3 million in 2016/17, now totalling 40.6% of the overall Council’s budget compared to 29% in 2010. This is in addition to the £30 million the Council has agreed in the capital programme for Adult Social Care over the next 4 years. 

 

Council further notes the commitment to ensure high quality long term care from the independent sector and the investment in alternative in house services focusing on prevention, reablement and recovery.

 

Council also supports the calls of the Local Government Association for the Government to allocate sufficient funding to Councils in the Autumn Statement to address the funding crisis in Adult Social Care nationally, where it is estimated that social care for the  ...  view the full minutes text for item 63.