1 Minutes of the Meeting of the Leicestershire County

MINUTES OF THE MEETING OF THE LEICESTERSHIRE COUNTY COUNCIL HELD AT COUNTY HALL, GLENFIELD ON WEDNESDAY, 30 JUNE 2010

PRESENT Mr. P. C. Osborne CC (in the Chair)

Mr. A. D. Bailey CC, Mr. D. C. Bill CC, Mr. R. Blunt CC, Mr. S. L. Bray CC, Mrs. R. Camamile CC, Mr. M. H. Charlesworth CC, Mr. J. G. Coxon CC, Mrs. J. A. Dickinson CC, Dr. R. K. A Feltham CC, Mr. S. J. Galton CC, Mr. D. A. Gamble CC, Mr. B. Garner CC, Mr. T. Gillard CC, Mr. M. Griffiths CC, Mr. G. A. Hart CC, Dr. S. Hill CC, Mr. D. W. Houseman CC, Mr. Max Hunt CC, Mr. G. Jones CC, Mr. A. M. Kershaw CC, Mr. P. G. Lewis CC, Mr. K. W. P. Lynch CC, Mr. J. Miah CC, Ms. Betty Newton CC, Mr. J. T. Orson JP CC, Mr. I. D. Ould CC, Mr. M. B. Page CC, Mrs. R. Page CC, Mr. B. L. Pain CC, Mr. D. R. Parsons CBE CC, Mr. G. Partner CC, Mrs. L. A. S. Pendleton CC, Mrs. P. Posnett CC, Prof. M. E. Preston CC, Mrs. C. M. Radford CC, Mr. J. B. Rhodes CC, Mrs. J. Richards CC, Mr. P. A. Roffey CC, Mr. N. J. Rushton CC, Mr. R. J. Shepherd CC, Mr. D. Slater CC, Mr. E. D. Snartt CC, Mr. D. A. Sprason CC, Mr. E. F. White CC, Mr. R. M. Wilson CC, Mr. D. O. Wright CC and Mr. M. B. Wyatt CC

63. CHAIRMAN'S ANNOUNCEMENTS.

The Queen’s Birthday Honours List

The Chairman indicated that he was delighted to announce that a number of County Council staff had been recognised in The Queen’s Birthday 2010 Honours List:

Inderjit Sandhu, Headteacher at Launde Primary School in Oadby, had received an OBE for services to education;

Pat Fraser, a Planning and Development Officer in the Adults and Communities Department, had received an MBE for services to Local Government; and

Stephen Mitchell, Assistant Headteacher at Shelthorpe Community Primary School, had received an MBE also for services to education.

Members joined the Chairman in offering congratulations to Inderjit, Pat and Stephen for this well-deserved national recognition for their work on behalf of Leicestershire County Council, for the benefit of the Leicestershire community.

Visitors

The Chairman welcomed to the meeting all visitors and guests of members.

64. MINUTES.

It was moved by the Chairman, seconded by Mrs Dickinson and carried:-

“That the minutes of the meeting of the Council held on 19 May 2010, copies of which have been circulated to members, be taken as read, confirmed and signed.”

65. DECLARATIONS OF INTEREST.

The Chairman invited members who wished to do so to make declarations of interest in respect of items on the agenda for the meeting.

The following declaration was made:-

Member Minute No(s) Interest

Mr D A Sprason 68(A) Personal and Prejudicial

66. QUESTIONS ASKED UNDER STANDING ORDER 7(1)(2) AND (5).

(A) MR WILSON CC asked the following question of the Leader or his nominee:

"Following the calls by the Prime Minister to establish the ‘Big Society’ could the Leader please:-

1. Explain what it is?

2. Comment on whether he feels that ‘Big Society’ is an opportunity to establish a Museums Trust?

3. Indicate what progress has been made on the appointment of Consultants to conduct a review of the Museums Service?”

Mr Parsons replied as follows:

"1. I would refer Mr Wilson to section 27, "Social Action", of "The Coalition: our programme for government", jointly signed by his Party's Leader. Mr Wilson may also have noticed that Andrew Stunell, MP, Parliamentary Under-Secretary of State for Communities and Local Government, said last week when commenting on the Coalition Government's forthcoming Localism Bill: "It will help set the foundations for the Big Society by radically transforming the relationships between central government, local government, communities and individuals."

2. That remains to be seen. Ongoing finance would doubtless be a key issue.

3. In accordance with the commitment I gave at the Budget Council meeting, terms of reference for a review of the Council's heritage services, including museums, in conjunction with the Museums, Libraries and Archives Council, have been sent to his Group Leader. The remit of the review refers to the engagement of an independent consultant. Consideration of the findings of the review will be the next step towards any changes to current arrangements."

Mr Wilson asked the following supplementary question:

"I would like to ask that, bearing in mind that the issue is a priority and indeed has been since the end of February, would the Leader like to comment on the fact that the letter to Mr Galton, coincidentally I am sure, arrived after I had lodged my question?"

Mr Parsons replied as follows:

"I am not familiar with the postal arrangements of the Local Authority."

(B) MR MIAH CC asked the following question of his Leader or nominee:

"1. Can the Leader clarify what communications have been received from the Government regarding proposed cuts to major transport projects and what schemes are potentially at risk in the County?

2. Regarding the proposed Inner Relief Road for Loughborough, can an update be given regarding the funding of the road and the proposed start date for construction?

3. Is the Leader aware of the large number of businesses in the town that are awaiting the outcome, and the low Air Quality Measurements being experienced on Loughborough High Street, whilst we wait for the Relief Road?"

Mrs Pendleton replied as follows:

"1. The Department for Transport has written to all local authorities that are considering major transport projects to inform them that the major schemes guidance issued by the previous government is suspended and that the Department will not be taking any funding decisions on scheme approvals until the conclusion of the Spending Review, including those scheme bids that have already been submitted for approval. The letter states that local authorities should not assume that schemes prioritised under the previous Government’s Regional Funding Allocations (RFA) process will be funded to the previously published levels. Leicestershire County Council had a scheme for a Park & Ride site at Glenfield included in the RFA programme for 2013.

The Department for Transport has written to say that it will not accept a major schemes business case for this scheme before the spending review is complete.

2. Loughborough Inner Relief Road is also a scheme that would have been funded from the RFAO. It requires some £16.5 million from Government. The scheme is subject to the moratorium referred to above and no dates can be given at this stage for a start date for construction.

3. We are fully aware of the need for this relief road to produce regeneration benefits for the town. The business case that we produced was good enough to gain “Programme Entry” status for the scheme and we will continue to argue the case at every opportunity. However, we are bound by the Government’s programme for the Spending Review in the autumn and it is only then that the situation may become clearer as to the future of the Loughborough Inner Relief Road scheme."

Mr Miah asked the following supplementary question:

"Would Mrs Pendleton keep us informed of developments as they happen?"

Mrs Pendleton replied as follows:

"Absolutely."

"1. Is the Leader aware of the real hardship the significant increase in fees for Residents' Preference Parking Permits will have at the margins for families under increasing financial pressure in more deprived areas where such schemes predominate? 2. What consultations with users have taken place, prior to this announcement and with what outcome? 3. What is the estimated effect on demand in Loughborough (the largest area affected) and therefore the net effect on revenue in Loughborough and overall year on year? 4. What effect is the rise estimated to have on the demand and successful implementation of future schemes, like those being considered in the west Loughborough study?"

Mrs Pendleton replied as follows:

"1. Fees for Residents’ Preference Parking Permits are intended to cover the cost of administering and enforcing the schemes and contributing to the cost of maintaining the signs and lines. The previous charge of £20 did not cover those costs, which will be covered by the new charge of £30. This still equates to less than 60p per week for preferential parking on the public highway, a very small component in the overall cost of keeping and running a vehicle.

2. As this is a charge for an optional service, no consultation was required. It is difficult to see what benefit would have been gained from asking people for their views about paying an increased but realistic charge, to which they would almost certainly have said “no”, and having to increase the charge anyway, so that general council tax- payers were no longer subsidising this scheme.

3. There are 2,288 permits presently issued to residents in Loughborough. The new charge will raise £68,640 and it is not considered likely that many will choose not take up permits, thereby protecting revenue. Enforcement will continue to take place in the scheme areas and vehicles parked in the relevant streets for longer than the permitted time and without displaying a permit will be subject to enforcement action.

4. Residents’ Preference Parking schemes are intended to manage demand on streets in favour of residents where there is an excess of demand from outsiders. Residents will have to consider the costs of permits in their response to consultation on any proposed scheme at the appropriate time. Details of proposals for the Loughborough West parking study have yet to be finalised, so it is not possible to forecast an impact on demand."

(D) MRS POSNETT CC asked the following question of the Leader or his nominee:

"Would the Leader please comment upon his visit to Melton Mowbray on 16 June 2010 for the official opening of the new John Ferneley College?"

Mr Parsons replied as follows:

"I was delighted to be invited to visit the new John Ferneley College on 19 June, and it was with tremendous pride that I cut the ribbon to open officially the new £15million building.

The new state-of-art College building represents a key milestone in our ambitious £45million investment programme to transform learning in Melton and the Vale of Belvoir. It incorporates the latest technology and environmental features such as a wind turbine, rainwater recycling system

and energy efficient heating and lighting. I was very impressed to learn that a grant was secured with the Carbon Trust so that the school’s carbon footprint has been reduced by some 60% and that the school is able to use the electricity generated by the wind turbine.

I know that staff, students, governors and parents have all contributed to the design of the building, working in partnership with our officers, architects, building contractors and other professionals. Between them, they have done an excellent job.

I am reminded though that the building is only one part, albeit a very important one, in the transformation that is well underway for schools in this area. This is enabling a real cultural shift in the way that teaching is delivered and students learn, promoting access to a rich and diverse curriculum.

Considered as a whole, the children and young people in this area have a real opportunity before them. The College has a strong reputation for success, and I am looking forward to hearing how the changes that have taken place have helped standards of achievement and attainment to rise even further."

(E) MRS POSNETT CC asked the following question of the Leader or his nominee:

"1. In the light of the new Academies Bill published by the Coalition Government, will the Leader please outline how many of Leicestershire's schools have indicated they are interested in opting out of local authority control; and

2. How many "outside bodies" have expressed an interest in setting up a free school?"

Mr Ould replied as follows:

"1. The following outstanding schools have registered interest:-

Limehurst High School Manor High School The Martin High School Welland Park High School

Some schools judged to be good by Ofsted have also registered interest and these are:-

Ashby School The Garendon High School Hastings High School Hind Leys Community College Humphrey Perkins High School

Leysland High School Rawlins Community College

The Director of Children and Young People’s Service has held a series of meetings with headteachers about new changes in national policy. General feedback from headteachers indicates that, whilst some schools registered interest because it was the only way they could gain information about Academy status, headteachers were of the view that, in a high delegating authority like Leicestershire, there was little financial gain and no increased autonomy from Academies proposals.

2. The Children and Young People’s Service have had one approach about free schools. This expression of interest came from the I Foundation. Officers advised a representative of the I Foundation to work directly with Central Government on this issue. Free Schools can be set up by any organisation and they do not have to contact the local authority to express interest in this strategy."

(F) MR PAIN CC asked the following question of the Leader or his nominee:

"Will the Leader please reaffirm to this Council that this Administration is committed to levying a zero percent increase in Council Tax for 2011/12?"

Mr Rushton replied as follows:

"Last week’s emergency budget stated that the Government will work with local authorities to freeze Council Tax for one year in 2011/12 if local authorities keep increases in spending to a minimum and I confirm we will work with the Government to achieve this."

(G) MRS DICKINSON CC asked the following question of the Leader or his nominee:

"Will the Leader please outline:-

1. What arrangements are being planned to take over the functions and funding of the RDAs and the East Midlands Leaders' Board; and

2. Whether any new organisation will be in a better position to judge applications for large scale housing, transport or planning strategies for the County in the future?"

Mr Parsons replied as follows:

"1. The Leaders' Board met last week and, following some uncertainty about the future of emda and implied criticism of local authorities' capacity by emda's Chairman, agreed unanimously that emda should be abolished. Letters were subsequently sent to that effect to the Secretary of State for Communities and Local Government, the

Secretary of State for Business, Innovation and Skills, and to emda's Chairman. It is pleasing that the Government yesterday confirmed the abolition of emda.

The Leaders' Board also agreed to progress the establishment of Local Enterprise Partnerships (LEPs) and to respond positively to Government encouragement to submit bids, essentially based on natural economic areas but also allowing for cross-boundary collaboration. Invitations to submit bids were confirmed by the Government yesterday. It will be particularly important for LEPs to have access to proportionate shares of funds currently with emda but, at this point in time, it is not clear to what extent those funds will be directed to the new Regional Growth Fund. We await a forthcoming White Paper.

Regional strategic planning as a function will no longer exist. The Government rightly intends that local planning authorities should, from now on, take the key decisions about housing numbers and allocations.

2. Large scale applications by their very nature are bound to attract concern and opposition. It will be crucial for local planning authorities to have some strategic capacity to inform their deliberations, and the current RIEP-funded project looking at the joining up housing and planning services should play an important role in helping local planning authorities put this capacity in place."

Mrs Dickinson asked the following supplementary question:

"In regard to yesterday's announcement by the Government to which the Leader refers, can he confirm that the Government is signalling that they will look favourably on Local Enterprise Partnerships collaborating cross- boundaries, thereby encouraging the formation of clusters which I know the Leader has previously advocated?"

Mr Parsons replied as follows:

"I can confirm that and I can also announce that the counties of Leicestershire, Northamptonshire and Warwickshire are currently in negotiations to form a cluster, which I think is probably going to impact on the local economy rather better than did the old East Midlands region."

(H) MR PAGE CC asked the following question of the Leader or his nominee:

"Will the Leader please comment upon the Coalition Government's plans to make Leicestershire Constabulary and other Police Forces more accountable through oversight by a directly elected commissioner?"

Mr Orson replied as follows:

"The detailed proposals of what powers the elected Commissioners will have are still to be announced and are subject to an ongoing debate with leading figures in the Police service. The Association of Police Authorities is engaging constructively with Home Office ministers on the framework of the legislation.

The Home Secretary said yesterday ''the detailed proposals on how the new system would work would be unveiled later this summer and new legislation introduced.''

It is understood elections for a directly accountable individual will be in two years' time."

(I) MR JONES CC asked the following question of the Leader or his nominee:

"Will the Leader please outline the procedure necessary for Moira Primary School to obtain full primary status and can he outline what potential repercussions there may be if any bid is successful?"

Mr Ould replied as follows:

"Moira Infant School is a community school which currently provides places for children between the ages of 5 to 7 years. Thereafter, the majority of the pupils transfer to Donisthorpe Primary School for the remainder of their primary school education.

On the assumption that the County Council were persuaded by the merits of a proposal to seek full primary school status for Moira Infant School, then, subject to Cabinet approval, a period of consultation would need to be undertaken with various specified bodies including parents, governing bodies of both schools, all primary schools within three miles, local members, Dioceses and neighbouring Local Authorities etc. Thereafter, if appropriate, Cabinet approval would be sought to publish a statutory notice which would state the proposed change and invite comment from interested parties.

If no objections to the Statutory Notice were received, the Director of Children and Young People’s Service would ordinarily determine the Statutory Notice and specify an implementation date for the proposals to take effect. If objections were received, the decision would be referred to Cabinet for consideration.

The repercussions of full primary school status for Moira Infant School include the additional accommodation that would be required at Moira Infant School and the requirement that capital resources for their implementation should be in place when the proposals are decided. In the current national financial context the funding will need to be provided by the school. Additionally, there is likely to be a commensurate fall in pupil numbers at other primary schools in the area and in particular Donisthorpe Primary

School. A further consideration of the reorganisation of school places in this way would stimulate a debate about the most cost effective way to provide primary school places and high quality educational outcomes in this area for the future."

(J) DR HILL CC asked the following question of the Leader or his nominee:

"1. Could the Leader or his nominee give me his reaction to the recent announcement of the Local Authority Leaders' Boards losing their funding?

2. Would the Leader share his views on what he wants the anticipated ‘Decentralisation and Localism’ Bill to contain?

3. What is the expected impact to Leicestershire of the announced cuts to the County Sports Partnerships?"

Mr Parsons replied as follows:

"1. The Coalition Government has decided to abolish the Regional Leaders’ Boards in the form they were established by the previous Government. In the circumstances, funding from Government could not be expected beyond the second quarter of this financial year. In the East Midlands, Leaders have determined to utilise existing funding to support the continued operation of the Leaders’ Board to assist the transition process from the current to future arrangements. That will be particularly important now that the Government have confirmed that emda is to be abolished and bids to establish Local Enterprise Partnerships (LEPs) have been invited. Leaders have also determined to support the continued operation of East Midlands Councils beyond the current financial year but that will be dependent on continuing subscriptions from local authorities.

2. I agree very much with Andrew Stunnell, MP, Parliamentary Under- Secretary of State for Communities and Local Government, who recently told a conference that “The Localism Bill will set the stage for the long-overdue push of powers out of Whitehall to councils and neighbourhoods right across the country, and give local communities control …”. I would want the Bill to reflect those ambitions.

3. The only cut announced was a grant of £60,000 per partnership to support County Sports Partnerships (CSPs) in the delivery of initiatives designed to improve people’s health and well-being. In Leicestershire, the CSP has been recognised as a best practice organisation for joining up the sport and physical activity, health and well-being agendas. Since the Secretary of State has indicated that he wishes to give local authorities a much greater say over how public health expenditure is targeted, I hope that we can encourage a re- direction of funding to fill the gap left by the ending of the grant."

(K) MR GALTON CC asked the following question of the Leader or his nominee:

"1. Could the Leader give us an update on the current situation regarding the County’s schools and applications for Academy Status?

2. Has the Authority received any indication from the Department for Education regarding the role of the County Council in any process involving the conversion of schools to Academies or the establishment of ‘Free Schools’?"

Mr Ould replied as follows:

"1. The following outstanding schools have registered interest:-

Limehurst High School Manor High School The Martin High School Welland Park High School

Some schools judged to be good by Ofsted have also registered interest and these are:-

Ashby School The Garendon High School Hastings High School Hind Leys Community College Humphrey Perkins High School Leysland High School Rawlins Community College

(L) MR GALTON CC asked the following question of the Leader or his nominee:

"Could the Leader comment on the current situation regarding the Regional Plan, Local Development Frameworks and Housing numbers?"

Mr Parsons replied as follows:

"I am sure that all Members of the County Council welcome the Coalition’s intention to give local people a greater say in the type and location of development in and around their communities.

Mr Galton will no doubt be aware that the Secretary of State wrote to all Leaders on 27 May 2010 highlighting the Coalition Government’s commitment to abolish rapidly Regional Strategies and return decision making powers on housing and planning to local councils. He stated in that letter that “decisions on housing supply (including travellers’ sites) will rest with Local Planning Authorities without the framework of regional numbers and plans”. Until such time as a formal announcement on abolition is made, Local Planning Authorities are to have regard to the letter as a material planning consideration in any decisions that they are currently taking.

It is intended that the new local plans will be streamlined and simplified, to free up local authorities and communities to make their own decisions. It is likely that District Councils in Leicestershire will have the responsibility of preparing most of these local plans, although the community basis of future plans will mean a more collaborative way of working.

The County Council’s own Minerals and Waste Development Frameworks are not directly affected by the Secretary of State’s announcement on housing, given that our Core Strategies have been adopted and so we will continue with the next phase of these until we are clearer as to the details of any change.

I am, however, concerned that District resources may be stretched by the work involved. The current RIEP funded project on the efficiencies that Districts could achieve in joining up their housing and planning services becomes even more important and I hope the options which are due to be published shortly are sufficiently radical.

It will also be important to ensure, especially with reduced public expenditure, that improvements to services such as schools and transport can be funded from the development proposals that emerge.

I would be willing to discuss with District Leaders how the County Council’s transport, planning and community engagement services can assist their Councils in ensuring that we get development that local people want and need and that is supported by essential infrastructure."

(M) MR WYATT CC asked the following question of the Leader or his nominee:

"1. Could the Leader comment upon the Coalition Programme which includes a clear statement regarding Waste Treatment technology?

2. Does he believe that this means our own evaluation of Incineration needs to be abandoned?"

Mr Kershaw replied as follows:

"1. & 2. I am fully aware of the references to the intention to increase energy from waste through anaerobic digestion and to work towards a 'zero waste' economy.

I am also fully aware of Caroline Spelman’s recent speech entitled “Waste – new thinking for a new economy”.

I totally support the principle that we cannot keep putting recyclable and biodegradable waste into landfill and that we need a new approach that recognises the value of waste as a resource. However, anaerobic digestion is a technology designed to deal with the organic element within the waste and is therefore not a complete solution in itself.

In accordance with Government guidance, which has not been revised by the Coalition Government, we have not selected any specific technology or instructed that any particular technology is required. From the start of our procurement process, which has been subject to extensive scrutiny, we have been open to all technologies and therefore bidders have been free to select whichever technology suited their particular solutions.

In the event, the technologies offered by the final two bidders that scored most highly in our evaluation process are energy from waste and mechanical treatment combined with gasification. This clearly demonstrates that we have considered different approaches and have not favoured any one particular technology. Energy from Waste, or incineration as Mr Wyatt describes it, was a benchmark technology against which bids were to be tested at an earlier stage in the procurement process."

Mr Wyatt asked the following supplementary question:

"In the light of Mr Kershaw's extremely vague answer can I ask, once again, if he agrees with me that the incineration of waste needs to be abandoned which, I am led to believe, is the Administration's preferred option?"

Mr Kershaw replied as follows:

"I thought it was a very detailed answer and I have got no comment to make on what has just been said."

67. POSITION STATEMENTS UNDER STANDING ORDER 8.

The Leader presented a position statement on the following matters:-

Reducing the Deficit Abolition of CAA Total Place The Academies Bill Chinese Delegation St. Hardulph's, Breedon-on-the-Hill Olympic Style Competition for Schools

A copy of the position statement is attached to these minutes.

68. REPORT OF THE CABINET:

(A) PROCUREMENT OF LONG TERM WASTE TREATMENT FACILITIES.

(NOTE: Mr D A Sprason, having declared a personal and prejudicial interest, left the meeting during consideration of this item.)

It was moved by Mr Parsons, seconded by Mr Kershaw and carried:-

"That the action taken by the Cabinet regarding the procurement of long term waste treatment facilities, as referred to in the report of the Cabinet, be noted."

69. REPORT OF THE SCRUTINY COMMISSION:

(A) ANNUAL REPORT ON BEHALF OF OVERVIEW AND SCRUTINY BODIES.

It was moved by Mr Galton, seconded by Dr Feltham and carried:-

"That the information contained in the report of the Scrutiny Commission, on the activities of Scrutiny, be noted."

70. REPORT OF THE STANDARDS COMMITTEE:

(A) ANNUAL REPORT 2009/10.

It was moved by Mr Garner, seconded by Mr Charlesworth and carried:-

"That the information contained in the second Annual Report of the Standards Committee, on the activities of the Committee, be noted."

71. TO CONSIDER THE FOLLOWING NOTICES OF MOTION:

(A) LOCAL TRANSPORT PLAN - MR MAX HUNT.

It was moved by Mr Max Hunt and seconded by Ms Betty Newton:-

"That this Council recognises the challenges set by delivering a long term Local Transport Plan by April 2011 but believes joint working with the City of Leicester on a clear strategy and three year rolling implementation plan is essential, given the geography and transport needs of Leicestershire as a whole, and that this is now urgent; we therefore call for stronger political leadership to achieve that joint strategy and implementation process."

An amendment was moved by Mrs Pendleton and seconded by Mr Gillard:-

'That all the words after "April 2011" be deleted from the motion and the following inserted in their place:-

"and reaffirms its view that the interests of both the City and County will best be served by a Joint Local Transport Strategy; accordingly, the Council:-

(a) resolves to continue efforts already in hand to work with the City Council towards this objective, both at elected member and officer level;

(b) recognises that a joint implementation plan is not appropriate within existing organisational structures and, instead, will work to ensure that individual plans are complementary, as appropriate." '

The amendment was put and carried.

The substantive motion was put and carried.

(B) SUPPORTED ACCOMMODATION - MR S J GALTON.

Mr Galton advised the Council that he no longer wished to proceed with the notice of motion.

2.30 pm – 4.35 pm CHAIRMAN 30 June 2010