Minutes of the Council

AGENDA ITEM

1 MINUTES OF THE COUNCIL

AT THE MEETING OF THE COUNCIL OF THE BOROUGH OF LUTON HELD AT THE TOWN HALL, LUTON ON

TUESDAY, 6TH SEPTEMBER 2005 AT 6.00 P.M.

PRESENT:

THE MAYOR - Councillor Abid. THE DEPUTY MAYOR - Councillor Wates. COUNCILLORS - Ashraf, Bailey, Bashir, Boyle, Bullock, Campbell, D. Chapman, P. Chapman, J. Davies, R. Davies, R.J. Davis, Dolling, Farooq, Franks, Harris, Hinkley, Howes, Hoyle, M. Hussain, Iqbal, Ireland, Johnston, McGarvie, Mead, Pantling, Patten, Patterson, Pedersen, Roden, Rutstein, Saleem, Shaw, Siederer, Simmons, Singh, Stewart, Strange, Titmuss, Worlding and Yasin.

121 MINUTES (REF: 1.1 TO 1.3)

Resolved: That the Minutes of the meetings of the Council held on 12th, 21st and 28th July 2005 be taken as read, approved as correct records and signed by the Chair.

122 APOLOGIES FOR ABSENCE

Apologies for absence from the meeting were received from Councillors Garrett, Q. Hussain Magill, Riaz, Skepelhorn and Timoney.

123 PRESENTATION TO COUNCILLOR HINKLEY (REF: 2.1)

In accordance with Minute 72/05, the Mayor presented to Councillor Hinkley an engrossment on vellum, of the resolution passed by the Council at the meeting held on 1st June 2005 recording the Council's appreciation to her for the manner in which she discharged the important and exacting duties of the Office of Mayor of Luton during the Municipal Year ended 19th May 2005.

124 LOCAL GOVERNMENT FINANCE ACT 1992

The Chief Executive reminded the Council that a list of items before the Council which were within the ambit of Section 106 of the Local Government

414 Finance Act 1992 had been circulated to all Members and that any Member to whom that Section applied should disclose the fact and refrain from voting on any question relating to those items.

(Note: No disclosures by Members were made.)

125 QUESTIONS UNDER STANDING ORDER 7.1 (REF: 4)

Councillor Simmons asked and Councillor Strange responded to a question (Ref: Q/15/05) of which written notice had been given under Standing Order 7.1.

Councillor Shaw asked and Councillor J. Davies responded to a question (Ref: Q/16/05) of which written notice had been given under Standing Order 7.1.

Councillor Roden asked and Councillor Franks responded to a question (Ref: Q/17/05) of which written notice had been given under Standing Order 7.1.

126 BEDFORDSHIRE POLICE AUTHORITY: WRITTEN QUESTIONS (REF: 5)

The Mayor advised the Council that no written notice had been given by Councillors under Standing Order 15.1 of their intention to ask a question of the Bedfordshire Police Authority.

127 REPORTS OF THE BEDFORDSHIRE AND LUTON COMBINED FIRE AUTHORITY (REF: 6)

Councillor Yasin, the Council’s representative on the Bedfordshire and Luton Combined Fire Authority, presented a report on the proceedings of the meetings of the Authority held on 20th June and 29th July 2005.

Resolved: That the reports be received.

128 BEDFORDSHIRE AND LUTON COMBINED FIRE AUTHORITY: WRITTEN QUESTIONS (REF: 7)

The Mayor advised the Council that no written notice had been given by Councillors under Standing Order 15.1 of their intention to ask a question of the Bedfordshire and Luton Combined Fire Authority.

129 LUTON/DUNSTABLE/HOUGHTON REGIS AND LEIGHTON LINSLADE GROWTH AREA JOINT PLANNING AND TRANSPORTATION COMMITTEE (REF: 8.1)

Upon consideration of the report of the Executive (30th August 2005) on the Luton/Dunstable/Houghton Regis and Leighton Linslade Growth Area Joint Planning and Transportation Committee (Ref: 8.1) it was proposed by Councillor Strange, seconded by Councillor Rutstein and:

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Resolved: (i) That the constitution and terms of reference of the Luton and South Bedfordshire Growth Area – Joint Planning and Transportation Committee attached at Appendix 2 to the report of the Executive (Ref: 8.1) be approved.

(ii) That the Director of Environment and Regeneration be authorised to enter into discussions with Bedfordshire County and District Councils as to appropriate arrangements in place of the currently constituted Joint Advisory Committee with Bedfordshire County Council.

(iii) That the Office of the Deputy Prime Minister be requested to constitute the Joint Committee as a local planning authority under Section 29 of the Planning and Compulsory Purchase Act 2004.

(iv) That the Monitoring Officer be instructed to make any necessary and consequential changes to the Council’s Constitution to take effect in the event that the Joint Committee is so constituted.

(v) That 3 Members each from the two largest Political Groups represented on the Council (Councillors R.J. Davis, Franks, Ireland, Rutstein, Simmons and Strange) be appointed as the Council’s representatives on the Joint Committee for the remainder of the Municipal Year together with substitutes (Councillors D. Chapman, Dolling, R. Davies and 3 Members from the Labour Group to be notified to Democratic and Member Services).

130 NOTICE OF MOTION – HOUSE OF COMMONS EARLY DAY MOTION 48 (REF: 9.1)

(a) It was proposed by Councillor R. Davies, seconded by Councillor J. Davies:

“House of Commons Early Day Motion 48 (Future for Council Housing) calls upon the House to support the ODPM Select Committee proposal for an investment allowance to enable local authorities to finance borrowing under prudential framework to meet the Decent Homes Standard for Council housing as an alternative to the Government’s three current options of Stock Transfer, Private Finance Initiative and Arms Length Management.

Council instructs the Chief Executive to write to the two MPs for Luton to ask them to support Early Day Motion 48 and to report any response from them to the Council’s Executive.”

(b) An amendment was proposed by Councillor R. Davies, seconded by Councillor J. Davies and upon being put to the meeting was carried:

416 That paragraph two be deleted and replaced with “Council welcomes the support of Luton North MP Kelvin Hopkins for Early Day Motion 48 and instructs the Chief Executive to write to Margaret Moran, MP for Luton South to ask her to support the motion, and to report any response to the Council’s Executive” so that the amended motion would read:

Council welcomes the support of Luton North MP Kelvin Hopkins for Early Day Motion 48 and instructs the Chief Executive to write to Margaret Moran, MP for Luton South to ask her to support the motion, and to report any response to the Council’s Executive.”

Resolved: That the Chief Executive be instructed to write to Margaret Moran, MP for Luton South to ask her to support the motion, and to report any response to the Council’s Executive.

131 NOTICE OF MOTION – CLIMATE CHANGE AND SUSTAINABLE ENERGY BILL AND THE MANAGEMENT OF ENERGY IN BUILDINGS BILL (REF: 9.2)

It was proposed by Councillor Strange, seconded by Councillor Howes and:

Resolved: That this Council:

(i) Recognises that microgeneration (that is the generation of energy by householders installing micro-units in their own homes) is a valuable new approach to engaging people as consumers and citizens in the important issues of climate change and reducing carbon dioxide emissions.

(ii) Therefore, welcomes the introduction of the Climate Change and Sustainability Energy bill and the Management of Energy In Buildings Bill into Parliament by a cross party group of MPs on 22nd June, noting that together these Bills will:

a. Require the Prime Minister to report annually to parliament on the level of greenhouse gas emissions;

417 b. Require the Chancellor of the Exchequer to implement a fiscal strategy to assist with microgeneration and energy efficiency; c. Require the government to set national targets for microgeneration and enable local authorities to set such targets if they deem it appropriate; d. Extend permitted development status to the installation of microgeneration subject to the specifying of safeguards relating to visual and noise effects; e. Require utility companies to purchase at a reasonable rate any surplus energy generated by householders via microgeneration; f. Require future revisions of Building Regulations to take into account the desirability of promoting microgeneration and of introducing an energy generating rating system in new buildings; g. Enable householders who generate electricity by microgeneration to have access to “renewables obligation certificates”; and h. Establish a “renewable heat obligation” requiring utility companies to support certain amount of heat from renewable sources

And therefore

(i) Supports the Bills and resolves to inform the Government of the Council’s view.

(ii) Urges the government to support the Bills; and

(iii) Urges our two local MPs to be present in Parliament to back these Bills when they are debated in the House of Commons on 11th November; and

(iv) Urges our two local MPs to sign House of Commons Early Day Motion No 391 in support of these Bills

(v) Resolves to inform the local media and the Micropower Council of this resolution and

(vi) Resolves also to support the Sustainable Energy Partnership’s submission to the government consultation on the draft microgeneration strategy (held under Section 82 of the Energy Act 2004) which proposes that policies (b) – (g) above, should be included in the final strategy.

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132 NOTICE OF MOTION – MOBILE PHONE MAST INSTALLATIONS (REF: 9.3)

(a) It was proposed by Councillor Boyle, seconded by Councillor M. Hussain:

“Luton Borough Council expresses its extreme concern over the continuing proliferation of mobile phone mast installations on the Farley Hill Estate, and the Borough as a whole, in particular the installations for the 3rd generation mobile phone network.

Farley Hill has now a total of 104 installations in a populated area of 150 hectares.

Luton Borough Council considers this situation unacceptable, and with the pending application for a new mobile radio base station with 11.7 metre monopole to be situated on the edge of Stockwood Park on Farley, will do all in its power to resist this, and any further saturation of these installations on Farley Hill, as these must have a serious effect on the whole of Luton.

We therefore demand that the Government takes immediate steps to halt these installations on the Farley Hill Estate in the first instance, and to address the very seriously held opinions of Professors and leading academics on the effect of these installations on the long term health of the nation, and in particular the young, in their formative years.

In cognisance of the foregoing, this Council expects the support of Kelvin Hopkins MP and Margaret Moran MP, to energetically pursue this matter at the highest level of Government on this town's behalf.

If supported, this motion to be passed to appropriate Government Ministers and our two MPs”.

(b) An amendment was proposed by Councillor Franks and seconded by Councillor Strange but upon being put to the meeting was lost:

“That the following words be added at the end of the motion:

‘Council further:

Notes that on 19th April Council agreed a motion asking the two Luton MPs to support legislation:

- to prohibit mobile phone mast developments without planning permission,

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- to allow local councils to have regard to health issues on a precautionary basis.

Notes that in response to the 19th April motion the Chief Executive wrote to the two MPs for Luton asking them to press for government action to give local people more control over the siting of phone masts.

Thanks Luton North MP Kelvin Hopkins for his two helpful letters of reply and his continuing interest in the issue.

Is disappointed that to date Luton South MP Margaret Moran has not replied and appears to show no interest in her constituents’ concerns.’ “

(c) A further amendment was proposed by Councillor Franks, seconded by Councillor Strange and upon being put to the meeting was carried:

“That the following words be added at the end of the motion:

‘Council further:

Notes that on 19th April Council agreed a motion asking the two Luton MPs to support legislation:

- to prohibit mobile phone mast developments without planning permission,

- to allow local councils to have regard to health issues on a precautionary basis.

Thanks Luton North MP Kelvin Hopkins for his two helpful letters of reply and his continuing interest in the issue.

Welcomes the change of heart of the Labour Group of councillors in now supporting Government action to give local residents more control over masts and regrets that to date Luton South MP Margaret Moran has not replied and appears to show no interest in her constituents' concerns.’ ”

Prior to a vote being taken on the amendment above, one Member requisitioned a recorded vote and was supported by five other Members.

420 Upon a recorded vote being taken, the voting was as follows:

FOR THE AMENDMENT: Councillors Abid, Campell, D. Chapman, P. Chapman, J. Davies, R. Davies, Dolling, Franks, Hinkley, Howes, Iqbal, Johnston, Mead, Pantling, Patterson, Pedersen, Rutstein, Seiderer, Strange, Titmuss, Wates and Yasin. (22)

AGAINST THE AMENDMENT: Councillors Ashraf, Bailey, Boyle, Bullock, R.J. Davis, Farooq, Harris, Hoyle, M. Hussain, Ireland, McGarvie, Patten, Roden, Saleem, Shaw, Simmons, Singh, Stewart and Worlding. (19)

ABSENT FROM VOTING: Councillors Bashir, Garrett, Q. Hussain, Magill, Riaz, Skeplehorn and Timoney. (7)

(d) The amended motion at (c) was then put to the meeting and it was:

Resolved: (i) That Luton Borough Council expresses its extreme concern over the continuing proliferation of mobile phone mast installations on the Farley Hill Estate, and the Borough as a whole, in particular the installations for the 3rd generation mobile phone network.

(ii) That it be noted that Farley Hill has now a total of 104 installations in a populated area of 150 hectares and Luton Borough Council considers this situation unacceptable, and with the pending application for a new mobile radio base station with 11.7 metre monopole to be situated on the edge of Stockwood Park on Farley, will do all in its power to resist this, and any further saturation of these installations on Farley Hill, as these must have a serious effect on the whole of Luton.

(iii) That the Council demands that the Government takes immediate steps to halt these installations on the Farley Hill Estate in the first instance, and to address the very seriously held opinions of Professors and leading academics on the effect of these installations on the long term health of the nation, and in particular the young, in their formative years.

(iv) That this Council expects the support of Kelvin Hopkins MP and Margaret Moran MP, to energetically pursue this matter at the highest level of Government on this town's behalf.

(v) That this motion to be passed to appropriate Government Ministers and our two MPs.

(vi) Council further:

421 Notes that on 19th April Council agreed a motion asking the two Luton MPs to support legislation:

- to prohibit mobile phone mast developments without planning permission,

- to allow local councils to have regard to health issues on a precautionary basis.

Thanks Luton North MP Kelvin Hopkins for his two helpful letters of reply and his continuing interest in the issue.

Prior to a vote being taken on the amended motion above, one Member requisitioned a recorded vote and was supported by five other Members.

Upon a recorded vote being taken, the voting was as follows:

FOR THE MOTION: Councillors Abid, Boyle, D. Chapman, P. Chapman, J. Davies, R. Davies, Dolling, Franks, Hinkley, Howes, M. Hussain, Iqbal, McGarvie, Mead, Pantling, Patterson, Pedersen, Rutstein, Seiderer, Strange, Wates and Yasin. (22)

ABSTAINED FROM VOTING: Councillors Ashraf, Bailey, Bullock, Campbell, R.J. Davis, Farooq, Harris, Hoyle, Ireland, Johnston, Patten, Roden, Saleem, Shaw, Simmons, Singh, Stewart, Titmuss and Worlding. (19)

ABSENT FROM VOTING: Councillors Bashir, Garrett, Q. Hussain, Magill, Riaz, Skeplehorn and Timoney. (7)

(Note: The meeting ended at 8.20 p.m.)

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