- 93 -

NUNEATON AND BEDWORTH BOROUGH COUNCIL

26th April, 2017

A meeting of the Nuneaton and Bedworth Borough Council was held at the Town Hall, Nuneaton, on Wednesday, 26th April, 2017.

Present

The Mayor (Councillor J. Sheppard)

Councillors D. Aldington, J.B. Beaumont, C. Bennett, I.C. Bonner, K.L. Brindley, R.G. Copland, P.M. Elliott, J. Glass, C. Golby, S. Gran, J. Gutteridge, D. Harvey, J. Haynes, J.A. Jackson, K.A. Kondakor, A.A. Lloyd, I.K. Lloyd, B.J. Longden, S.J. Margrave C.S. Phillips, N.J.P. Phillips, G.D. Pomfrett, M. Pomfrett, J.A. Tandy, R. Tromans, C.M. Watkins and K.D. Wilson

Apologies for absence were received from Councillors G. Daffern, S. Doughty, D. Gissane, W.J. Hancox, and T.E. Sheppard

Prayers were taken by the Rev Ken Newborough

CL58 Minutes

The minutes of the Ordinary meeting of the Council held on the 15th February, 2017 were confirmed and signed by the Mayor.

Councillor K.A. Kondakor requested it be recorded in the minutes that he voted against the Council minutes being confirmed.

The minutes of the Extraordinary Council meeting held on 15th February, 2017 were confirmed and signed by the Mayor.

CL59 Interests

The Declarations of Interest for this meeting are as set out in the Schedule attached to these minutes.

CL60 Announcements

The Mayor made the following announcements:

Congratulations to Matt Wallbank – our Procurement Trainee – has been named Apprentice of the Year in the Business and Professions category for North Warwickshire, Hinckley and South Leicestershire.

- 94 -

As part of the Council’s continued commitment to the Armed Forces Covenant it has successfully applied for a national award. In March 2017 the Ministry of Defence awarded Nuneaton and Bedworth Borough Council the Bronze Award as part of the ‘Defence Employer Recognition Scheme’. The Defence Employer Recognition Scheme encourages employers to support defence and inspire others to do the same.

Race Night will take place on the 5th May raising money for the Mayor’s Appeal at Saunders Hall, Working Men’s Club, Bedworth

The Mayor then presented to the Council, on behalf of herself and the Consort, a Civic Gift of “Silver Hands”. This is a reflection of the Mayor’s Charity for 2016 - 2017 of the Mental Health Drop in Centre and the Veterans’ Contact Point both of which are real “helping hands” and very much “hands on”

Congratulations to Kelly and Dave Baxter on their recent marriage.

The Managing Director had the following announcement:

“As Members are aware an accusation has been made at a number of public meetings that the Council has significantly changed an external consultants report about the Air Quality Assessment of the Borough.

As a result of these accusations of ‘manipulation’ I instructed an Internal Audit to fully investigate those claims. This investigation was exhaustive and wholly independent of myself.

From this investigation it was concluded that:

 Changes made to the Air Quality Assessment Report – changes have been made and some of these are changes that have been proposed by Officers from NBBC. The ‘track change’ facility with Microsoft Word was used to highlight some of these proposed changes and this is why the draft report looks as if it has been changed by officers; other changes have been proposed by email giving the reasoning behind the change. However, the consultants have confirmed that they would not make any changes to their report if they were not happy to make them; they have their professional reputation to consider so they would need to be fully convinced that any changes were fully appropriate. The final report was issued by them in pdf format so Officers would not have been able to make further changes.  Monitoring of air quality in Old Hinckley Road – air quality is still being monitored in Old Hinckley Road at sites NB20, NB21 and NB22 using diffusion tubes situated on the façade of the buildings in accordance with Defra guidelines, as it is the impact on the health and wellbeing of the residents that is the important factor.  Anomalies between the two reports – there are some anomalies in the monitoring data reported in the two reports. However, the only one that impacts on the Air Quality Assessment Report for the Borough Plan is the 2015 discrepancy and the consultant has already acknowledged that this makes a very minor difference to the model verification figure, so his conclusion in the report remains the same.

- 95 –

 In light of the above, there is no evidence to suggest that any other reports produced by the consultants have been manipulated.”

CL61 Public Participation

(a) Kyle Evans asked the following question:

It was reported last month by the Nuneaton News that the number of market traders across the Borough has reached a three year low. It is the role of this Council to champion the Town Centres of this Borough, and not assist with its decline. One of the most practical and common sense ways of creating investment and growth in Bedworth it too put our market back outside on the pedestrian streets, in the heart of our community. Will the Cabinet Member responsible finally admit that the prospect of putting Bedworth market back outside would indeed create growth and investment for our dying Town Centre? And secondly would the Cabinet Member consider a one month trial of putting the Market back outside in order to assess whether or not, actually putting the Market back outside would indeed regenerate our neglected Town Centre?

Councillor D. Harvey, Leader of the Council, responded as follows:

Madam Mayor, Firstly I must point out that Mr Evans statement is neither ‘common sense’ nor is it factual.

Bedworth market has been on its present site for around 50years, as the present market hall did in fact replace fixed lines of market stalls with metal covers, where people inevitably got wet on rainy days. It was only moved into the pedestrian area in All Saints Square temporarily whilst the new building was being erected. There were no locks up available in pedestrian area as there are now.

Bedworth town centre is not ‘dying’ as Mr Evans claims, and this is an insult to the many successful shops in the town and to new traders who have recently opened businesses there.

If the market was closed and moved into All Saints Square, it would lead to massive rent increase for traders as stalls would have to be set up and dismantled as they are now in Nuneaton. All the lock ups (and this section is fully let) would have to close.

Bedworth market traders currently pay one of the lowest rents in Great Britain. Mr Evans’ suggestions would cause many people to lose their business completely and others to go elsewhere.

I am not prepared to consider his nonsensical idea for four weeks, four days or four minutes. It is a real threat to the livelihood of our market traders in Bedworth.

- 96 -

I can tell you, however, that we shall shortly be commencing some refurbishment works in the market and seeking to revitalise the market completely in the coming months.

(b) Mr Richard Smith asked the following question:

Can the leader explain how the £720,000 investment in Bulkington sports facilities, promised in a labour pledge letter and included in the IDP, squares with a budget that called for a cut in services to the pavilion on the recreation ground, and can he confirm if this is an election bribe to the residents of Bulkington, to accept the proposed over development on Green Belt of 700 houses contained in the Borough Plan, that the residents of Bulkington neither need nor want.

Councillor D. Harvey, Leader of the Council, responded as follows:

Madam Mayor, Could I first explain to Mr Smith that as Leader of the Council I am not usually called upon to answer questions about party political letters written by someone other than myself.

However, I can tell him that we are currently able to reduce revenue cost of running Bulkington pavilion by working with the users, thereby avoiding more savage cut backs as could have happened following the Conservative Government’s slashing of our support grant by around 60 per cent.

As far as possible capital improvements to the pavilion are concerned, these would indeed be possible due to development monies due to the council as a result of housing growth. £720,000 is the figure identified as being possible if all identified sites are developed.

(c) Michele Kondakor asked the following question:

All the evidence indicates that regular exercise at any age is linked to better health outcomes, both physically and mentally. With this in mind, and the fact that Nuneaton and Bedworth scores very poorly on the health indicators produced by Public Health Warwickshire, why is there so little emphasis on mass participation events for sports and activities in this borough? Why, for example, are we the only Borough in Warwickshire not holding a weekly Park Run? What efforts are being made to reintroduce the Play Rangers or something similar, which had over 10,000 attendances by children over the summer (April-September) of 2015-16, before it was disbanded?

Councillor I. Lloyd, Cabinet Member for Arts and Leisure, responded as follows:

Nuneaton and Bedworth Borough Council delivers, provides facilities and supports partners in a wide range of sport and leisure in the borough. For example Swimming, Football, Cricket, Athletics, Archery, Indoor and Outdoor Bowls, Tennis, Health and Fitness, Gyms both indoor and outdoor - 97 -

green gym facilities, Boxing, Cycling, BMX, Hockey, Walking, Physical activity classes, Dancing, Gymnastics, Foot golf, Disc golf, outdoor MUGA’s Roller blading ,Skate Boarding, Table Tennis, Badminton, Tri Club, Squash, Rugby, Volleyball, Outdoor Parks, Recreation facilities and Allotments, are to name a few.

Nuneaton and Bedworth are currently in discussion with volunteers to establish a Park Run, with a view to using the Bedworth Miners Welfare Park and/or Whittleford Park, Nuneaton as potential venues. The setting up and delivering a Park Run is a model now well used across the country and relies totally upon volunteers delivering and co-ordinating this participation sport. The Councils Sports Development and Parks teams are more than happy to support any volunteers/group wishing to take the lead in delivering this. Nuneaton and Bedworth provides a summer holiday activity programme delivered for residents from the Bedworth Civic Hall.

This facility supports parents during the summer holidays and provides a range of activities for all children with arts, crafts, performing, sports and lots of physical activity. There are also now many other holidays clubs/facilities now delivered by local schools and other partners, which the Councils promotes to provide a range of opportunities for local residents to take advantage of.

The Borough Council prides itself on delivering, supporting and facilitating a range of leisure, culture, arts and parks services for its residents to use and experience. These include: the Pingles, Bedworth, Jubilee and Etone sports facilities, The Museum and Art Gallery, Bedworth Civic Hall, Miners Welfare Park, Riversley Park and many other recreational grounds and facilities across the borough which have green gym facilities, open and informal recreation facilities, youth and play area provision, skate parks and much more. This Council projected budget for 2017/18 in supporting leisure, culture, arts and parks sections is £5,298,350.00 for the benefits of its residents in making Nuneaton and Bedworth the place of choice to live, work & visit. I wonder if you can find any neighbouring authorities that commit this amount of time commitment and money to the wellbeing and fitness of its residents.

CL62 Questions by Members

(a) Councillor Tandy asked the following question:

Bearing in mind previous responses from Government Ministers stating current legislation in relation to illegal gypsy encampments on Council land is adequate, will the Council Leader again write to the three Nuneaton and Bedworth MP's asking that they take urgent action in initiating changes to the current legislation to enable this Council to evict travellers without the need to take expensive Court action.

Councillor D. Harvey, Leader of the Council, responded as follows: - 98 -

Madam Mayor, I will certainly do as Councillor Tandy asks and write to the Secretary of State and the three MPs representing Nuneaton and Bedworth, asking that they take urgent action in initiating changes to the current legislation.

I hope this will have more effect that our last letter, sent by email and post on 30th March, which only generated an automated receipt acknowledgement and no reply from any Minister or Member of Parliament.

(b) Councillor Gutteridge asked the following question:

Further to the legal notice in the Nuneaton News Paper dated 19th April could the Cabinet Member for Central Services please inform me whether the new depot at Gresham Road is able to accommodate additional vehicles to that of the current application for 37 goods vehicles and 4 trailers with the contracts of grounds maintenance coming up for renewal could the portfolio holder confirm whether the depot will accommodate addition vehicles should the contract be brought back in house?

Councillor G.D. Pomfrett, Cabinet Member for Central Services, responded as follows:

This is an interesting question and not just because of the side of the Chamber from which it comes. The new council depot at Gresham Road was initially purchased, and has been subsequently designed and developed, to accommodate the Borough Council’s current vehicle fleet and other operational equipment in the most space efficient manner possible in order to minimise ongoing revenue costs. This is made all the more important when we are anticipation a further cut in revenue of well north of £1 million next year. This is in contrast to St Mary’s Road depot which is in fact much larger than it needs to be. To this Gresham Road will not be able to accommodate any vehicles over and above the current fleet numbers.

However, having said this, the new computerised housing management system that we are implementing will offer great opportunities for housing maintenance vehicles not to be parked overnight at Gresham Road as frequently as now. Additionally, we are making arrangements with our building maintenance materials supplier for secure parking facilities to be made available as part of the overall service they offer. Both of these developments will have the effect of ‘freeing’ up parking spaces at Gresham Road should they be required.

(c) Councillor Wilson asked the following question:

Footfall is down in our Town Centres. Car parking income is down over £200,000 on predictions. The number of market stalls has declined. The Borough Plan is unpopular and severely delayed. We will shortly have no Head of Planning Policy. The climbing wall has proven to be a white elephant. The depot is over budget and over schedule. Despite all of these important issues going on in our Borough, the Leader has cancelled the previous two Cabinet - 99 -

meetings due to 'lack of business'. How can the Leader justify cancelling these meetings at a time when residents of this Borough want action? Is this yet another example of Labour incompetence or is the Leader burying bad news until after the election?

Councillor D. Harvey, Leader of the Council responded as follows:

Madam Mayor, Councillor Wilson’s view of Nuneaton and Bedworth is one of doom and gloom and full of inaccuracies.

This Borough, one of the very few in the whole of Great Britain to keep most of its services intact despite having had Government grant cut by a staggering 60 per cent, has won award after award for its parks, markets, procurement policies, procedures in working with small businesses and health initiatives. Perhaps we do not shout loudly enough about them.

The short lived Conservative administration, from 2008 to 2010 managed to close public toilets in our parks, end the Summertime Playscheme for children and privatise the parks department, so valued by our residents.

Only recently a former Tory councillor and a Tory candidate sitting in the gallery tonight have posted comments on Social Media that the privatised parks service is inferior and is due to me getting a ‘backhander’ from the contractor. What a ‘cheek’.

Then Councillor Wilson says the suggested housing developments are unpopular. Easy to say if you don’t need a house I suppose. Easy to say if you ignore the fact that every other council in Warwickshire, all Conservative controlled slammed me for refusing to sign a document obliging us to take even more houses. Easy to say if you ignore the long term saving being brought about by the opening of the new depot and easy to say if you ignore the fact that our street market continues to be one of the most successful in the midlands.

Yes, Madam Mayor, I will continue to cancel Cabinet meetings and any other meetings, if there is no specific business to transact that is the way we save money for local taxpayers.

In that way, by looking for small savings throughout our budgets, we can continue to provide a wide range of high quality services at a rate of Council Tax lower than Tory North Warwickshire just up the road and with an average tax which continues to be the lowest in the county.

(d) Councillor Brindley asked the following question:

According to the latest Quarter 4 figures car parking income is down £218,000 on the original budgeted figures. Despite warnings from the Opposition that increasing car parking charges last year would lead to exactly this, the Leader decided that he knew better and pushed ahead with his increase anyway. Will the Leader of the Council now admit that he got his sums wrong and - 100 - apologise to the residents of this Borough for not only creating an unnecessary black hole in the council's budget that it had to balance the books for this year, but for the damage it has done to the economy of our Town Centres?"

Councillor D. Aldington, Cabinet Member for Planning and Development, responded as follows:

It is correct that car parking income for 2016/17 is less than had been budgeted for by around £200,000. This reduced level of income comes from fewer tickets being sold across all of our car parks in the Borough. To suggest though, that this reduction in ticket sales is just as a result of price changes to some of the tariffs is naïve.

As has been discussed at several OSP meetings during the last municipal year, there are a wide range of factors that will have had an effect on the number of tickets sold across the Borough.

Indeed the fact that reduced ticket sales are not just a product of price changes is very clearly demonstrated by the fact that the number of one hour tickets that we have sold has decreased between 2015/16 and 2016/17 even though the price of these - £1 – has not changed at all.

Some factors that have undoubtedly had an influence on the numbers of tickets that we have sold in the last year will include:

 Bedworth Railway Station and Meadow Street car parks becoming free car parks – meaning no tickets for these were sold and of course no income received from them.  Similarly, parking across all our car parks become free after 6.00pm in April 2016. Hence tickets are not required after 6.00pm and therefore no income is now received for any parking after 6.00pm.  Town centres nationwide have experienced declines in footfall and we have not been immune to this trend and we have been affected by the closures of two major national retailers – BHS and Co-op, both of whom attracted shoppers and drivers into Nuneaton.  Other national factors such as on-line shopping, click and collect outlets, and shopping via smart phone tablets whilst travelling, or during a break, means goods can be delivered the next day, which means people have less need to visit town centres up and down the country – including Nuneaton and Bedworth.  There is also evidence that people are preferring to spend more money and time on leisure activities rather than coming into town centres to shop.

So parking trends are not just down to the price of parking!

- 101 -

I would also stress that the Borough Council continues to invest significantly in our two centres, a fact that can be clearly seen by the appointment of our new manager for town centres and marketing, Johnathon White, and by the large capital sum set aside by this council for town centre investment and improvement.

(e) Councillor Gran asked the following question:

With the impending resignation of the head of planning policy, can the borough council leadership please confirm that a permanent new head of planning will be put in place or a departmental restructuring take place as a matter of urgency to represent Nuneaton and Bedworth borough council at the upcoming examination?

Councillor D. Aldington, Cabinet Member for Planning and Development, responded as follows:

The Council makes considerable effort to ensure that its services are resilient and not dependent on any one individual. Arrangements are already in place to ensure there is continuing and competent leadership to maintain the role that the present Head of Planning Policy and Economic Development has delivered so ably over the last few years. The resignation of the present post holder will not cause any delay in the progress of the Borough Plan process. It is always regrettable when an able employee leaves the Council but also pleasing to see our employees developing their careers elsewhere.

I would also like to officially record my thanks to Kelly Ford for her patience, professionalism and commitment she has personally shown to this Council, I would also like it on record my best wishes to her in her new job. I am more than confident that her interim replacement will represent this Council as equally as she has done over the last few years.

(f) Councillor Kondakor asked the following question:

In 2013 this borough council had a dispute with the trustees of Galley Common riding centre over the renewal of its lease. The council refused to allow the matter to be investigated by our scrutiny committees, rejected a petition from around 4,500 members of the public and attacked the trustees at full council meetings.

The matter went to court, which it seems found in favour of the riding centre trustees and ensured the council allowed them to renew the lease. Back in 2014, it seems the cost to the council was just under £15,000 including officers’ time but excluding payments of costs for the riding centre and their legal team. Last month council officers took a decision over the issue, which is being kept confidential due to legal privilege. The title is however in the public domain. “Delegated authority by officer: settlement of cost claims arising from proceedings brought on behalf of Nuneaton and North Warwickshire Riding for the Disabled Association for a new lease of the equestrian centre”

- 102 -

I am not asking about the legal advice and it is obvious that the council will have pay the riding centres costs which one would expect to be similar to those of the council.

The council does need to learn lessons from this fiasco.

Will the leader allow us to have a real discussion about this issue at a scrutiny meeting and would he make himself available for that meeting?

Will the leader be making an apology to the riding centre and council taxpayer?

Councillor D. Harvey, Leader of the Council, responded as follows:

Madame Mayor,

Firstly, under the constitution as Councillor Kondakor should know, what scrutiny decides to discuss is nothing to do with me. As a member of the executive I have not decided or have anything to do with what is discussed at scrutiny.

It may come as no surprise to you and other members of the council that this situation is not at all as described by Councillor Kondakor.

The lease for the land was due to come to an end and discussions with the trustees indicated that they wished to end the lease and not renew it.

To give effect to the trustees’ wishes, a notice was served by the Council as landlord, in accordance with the law.

A new group of individuals (who were not trustees) served a counter notice which triggered a court hearing. The notice was invalid at the time because the group of individuals had no legal standing to serve the notice.

Just prior to the hearing, the individuals called a meeting and appointed themselves as trustees, which the Judge accepted.

The Council immediately agreed to negotiate with the new trustees and agreed the terms of a new lease on a commercial basis.

In terms of the process followed, the Council has complies with its legal duties and obligations under the law. These processes cost money and these costs are unavoidable when the correct processes are followed.

(g) Councillor Copland asked the following question:

- 103 -

Can the portfolio holder for Planning and Development confirm whether or not all Conservative District Leaders are pushing for Nuneaton and Bedworth Borough Council to take more housing in the Borough Plan?

Councillor D. Aldington, Cabinet Member for Planning and Development, responded as follows:

In a meeting last month, Tory led councils voted to oppose the Nuneaton and Bedworth Borough Plan. The meeting which is attended by the leaders of all Warwickshire districts voted overwhelmingly to oppose NBBC’s Borough plan on the grounds of duty to cooperate, I say overwhelmingly because Councillor Jackson attended on our behalf and didn’t vote to oppose as far as I’m aware.

Did they vote to oppose the plan because they don’t agree with where we have identified areas for housing? Are they opposing because our plan includes too many houses? No, put simply, they are opposing because they want to see more houses in the Borough, on top of those we have already identified. The Conservative led councils are now telling us that we need to add a further 2000 houses to our current allocation.

Despite signing up to the agreed Memorandum of Understanding (MOU) on housing figures across the sub-region, Tory leaders from Rugby, North Warwickshire, Warwick and Stratford districts are now demanding that NBBC take more.

It was agreed that NBBC would undertake work to see if we could accommodate the region’s overspill. We made sure that the MOU included a caveat to this affect, and the Tory Council’s willingly signed up to this, we didn’t force them. We undertook the work, which identified we could accommodate an extra 2000 houses. Despite agreeing the methodology previously and signing the MOU, Tory leaders are now pressuring us to take more. This is nothing short of bully boy politics, which we will not bow to. I am confident that the work that the council have done in relation to this is robust and defensible. I also vehemently refute the accusation that we have not cooperated. Our officers have engaged with all councils across the sub-region, and I have personally attended member meetings. Our duty is to cooperate, not capitulate. I can assure Councillor Copland and all members in this chamber that we will not bend to the will of other councils and succumb to this unwarranted and vicious pressure.

I would also like to add that the Secretary of State Sajid Javid MP, Mr Jones boss in government, has called for hundreds of thousands of extra houses to be built across the country. The white paper opens up more to be developed on.

(h) Councillor Tromans asked the following question:

With all the 'Traveller' incursions and unauthorised encampments in the Borough recently, will the Leader agree to have the Council look again seriously at Public Space Protection Orders? - 104 -

Councillor D. Harvey, Leader of the Council, responded as follows:

I will answer Councillor Tromans question in my answer to Councillor Golby’s question.

(i) Councillor Bonner asked the following question:

My question today regards the health of the residents of our borough. It’s widely accepted by much and varied scientific research that excessive use of motor vehicles, particularly private motor vehicles contribute to increasing levels of obesity, bad air quality and many other negative aspects to our lives. The only viable alternative at present is modal change, to walking, cycling and an increased use of public transport. A small but significant modal change would be very beneficial to the health of our residents and could also improve the quality of their lives generally in many ways IE. Reducing congestion on our roads, increasing academic learning in our children and improved production of our work force.

Many of the footpaths and cycle routes in our borough are not maintained in a welcoming or encouraging state. Overgrown shrubs and trees obstruct paths and excessive litter are very off-putting. A lot of emphasis is put on car parking and its revenue. A little more time, effort and money spent on our network of paths would, I’m sure would reap greater benefits.

I know that some aspects of pathway maintenance is the county council’s responsibility. What I would like to know is: What are the future plans to improve the maintenance of our pathway network and what is our plan to encourage modal change in local journeys to encourage our residents to use them?

With so many new housing developments being built on the periphery of our towns and villages, yet still within a mile or two of our commercial centres, schools and industrial estates. It is not unreasonable to expect these journeys to be made on foot or by bicycle. I’m sure everybody in this chamber has heard me say “More than 50% of all car journeys are less than two miles, do not involve the carriage of elderly, very young or mobility disadvantaged people. Do not involve heavy luggage, shopping or other goods. Therefore, could easily be accomplished on foot or by bicycle in approximately thirty minutes.

Councillor I.K.Lloyd, Cabinet Member for Arts and Leisure, responded as follows:

NBBC provides cycle paths within many of its own parks and open spaces - supporting and linking to that wider strategic network. I believe those Boroughs council sections of cycle path are reasonably maintained and generally free from the issues of maintenance.

If Cllr Bonner can identify any issues on Borough Council controlled routes these can be promptly addressed by him reporting them to NBBC in real time.

- 105 -

I think the primary point to state here is that Warwickshire County Council are the Highway Authority and are the lead on cycling route provision and maintenance, including some principal routes running through this councils land and as such much of the question should really be directed to the County Council and at the moment you could direct your questions at your Cllr Kondakor who for the time being represents your party on the county council and as we all know is a keen cyclist.

In terms of encouraging a modal shift this councils Parks and Countryside Officers have taken a lead locally in seeking cycle route provision in association with new housing developments and in association with the development of employment sites. We have secured high quality cycle route provision within new open spaces and sought provision of ongoing routes to key destinations, encouraging the County Council to secure provision of and contributions to the wider strategic links.

We first urged and then closely supported the County Council with the creation of a Cycle Network Development Plan for Nuneaton and Bedworth, this is now used to help justify the requirements placed on developers and will inform the development of the Borough Plan Strategic Allocations. A Policy basis for such provision and contributions has also been built into the Borough Plan.

Last but not least no doubt Councillor Bonner is aware of the Weddington Walk cycle path where over £700,000 worth of cycle path creation and improvement works were required to be undertaken by MIRA as a condition of the consent for the MIRA Technology Park.

(j) Councillor Golby, asked the following question to the Leader of the Council

On Monday 24th April, Cllr Harvey appeared on the ITV local news as part of a news item regarding the closure of Camp Hill School due to the illegal traveller incursion. Cllr Harvey said that "these are people, on the whole, who moved from another site last week in Nuneaton where the council has had an enormous cost, through the courts and clearing up afterwards, and this is a totally unacceptable situation.

This is one of the few things that myself and Cllr Harvey agree on.

The situation with illegal Traveller incursions in Nuneaton and Bedworth is unacceptable.

I have a video of one of the travellers who, when they were pitched up in the Tiverton Drive area of Nuneaton, said "Don’t you remember us here last year? Every year? We were here the last time causing complete uproar and we want to cause an uproar again" Not long after that he was asking one of the police officers to take part in a bare knuckle fight, then, when the officers had left he made veiled threats to myself that was clearly being done to try to intimidate - 106 -

Coupled with the behaviour of individuals that has been noted as going on all over the town, like the breaking into and defecating all over the Etone fields changing rooms, I think it's safe to assume that some these individuals are not the most pleasant of people, and they are, by the group leaders admission, intent on causing uproar time and time again.

I understand the police moved the travellers off Tiverton Drive by the issuing of a section 61 order however there is further legislative measures we could take ourselves.

Public Space Protection Orders (PSPO) are measures geographically defined, making predefined activities within a mapped area prosecutable. An application can be made for a PSPO if the following criteria is met: Firstly, a local authority may make a PSPO if satisfied on reasonable grounds that two conditions are met. a) activities carried on in a public place within the authority’s area have had a detrimental effect on the quality of life of those in the locality; or b) it is likely that activities will be carried on in a public place within that area and that they will have such an effect. Secondly that the effect, or likely effect, of the activities a) is, or is likely to be, of a persistent or continuing nature, b) is, or is likely to be, such as to make the activities unreasonable, and c) justifies the restrictions imposed by the notice We could, for example, implement PSPO's for the following: a) occupying any vehicle, caravan, tent or other structure within the designated areas b) driving of any vehicle on grass, with the obvious exceptions like council vehicles, emergency service vehicles or council appointed 3rd party vehicles c) littering or fly-tipping d) lighting or maintaining a fire e) defecating or urinating

Whilst it is accepted that this would not prevent illegal Traveller camps setting up in the first instance, the orders can be used in conjunction with existing legislation and other agencies, to bolster the councils position when it comes to these unauthorised encampments and it would see the council being able to move illegal Traveller camps more quickly as the council would not have to apply to court for an eviction order.

As well as this there is also the possibility, however remote, of the council being able to recover some of the cost clean-ups costs through fines. Given the issues that have been caused in the last 10 days will this council now implement public space protection orders to ensure we are exercising every additional powers accessible to us to try and prevent recent history repeating itself?

Councillor D. Harvey, Leader of the Council, responded as follows:

- 107 –

First of all Madame Mayor, I have got a dictionary here, the Oxford Concise English Dictionary and I looked up ‘Question’ as it is ‘Questions by Members’ and it says ‘ a sentence worded or expressed so as to seek information’ it doesn’t mention nearly two sides of A4

Madame Mayor our officers have the authority to use any legislation possible to be able to stop such incursions. There were two groups of travellers that arrived on Tiverton Drive, last week, the first group arrived over the Easter holidays and the second group on the Thursday morning. Directions were served immediately and Court Orders obtained for both groups. The bailiffs were commissioned to undertake the eviction on Friday at 3.30pm by the Council and the police attended to assist with the eviction and ensure that there was no breach of the peace.

We would encourage anyone who has experienced anti-social behaviour as a result of the traveller incursions, to report them to the Police and the Council as we are constantly working together to collate the information and use other action.

The making of a Public Space Protection Order, requires the Council to have evidence of the anti-social behaviour and give consideration to the provision of alternative sites before it can be considered and a meaningful consultation undertaken. Consideration will be given to this at the Corporate Community Safety meetings.

It is a misconception that the Public Space Protection Order allows the Council to evict the travellers from the land without a Court Order. Non – compliance with a public space protection order is an offence and a person without reasonable excuse would be liable on summary conviction to a fine or alternatively the only remedy available would be to serve them a fixed penalty notice. The problems with this are identifying the travellers, who are not always forthcoming with their personal details, and locating them to serve court papers after they have left.

We have to be sure that we have the right information before making a public space protection order as they are subject to challenge in the High Court on the grounds that due process has not been followed or on the basis that the local authority did not have the power to make it.

I can also tell the Council that the illegal encampment at the Dingle, adjacent to Camp Hill School, was dealt with speedily and efficiently by council officers, who obtained a court order to evict yesterday and bailiffs were ordered for this afternoon.

However the travellers left last night, but the mess they left behind which was both a health hazard and unsightly, was dealt with this morning. The school was not able to open this morning due to the uncertainty, but I am happy to tell the council that the Borough’s speedy actions were welcomed by Camp Hill Primary School and local residents.

- 108 -

It continues to be our belief that laws need to be strengthened so that the Council does not have to spend time and money dealing with these situations. We await any response from ministers or local MPs to our requests.

CL63 Special Urgency Decisions

RESOLVED that it be noted that no decisions have been taken under the Special Urgency Rule.

CL64 Urgent Decisions

RESOLVED that the Annual Review of Urgent Decisions taken during the course of the municipal year be noted.

CL65 Overview and Scrutiny Panels Annual Reports

The Annual reports from the Chairs of the following panels were considered:

(a) Economic and Corporate Overview and Scrutiny Panel (b) Housing and Communities Overview and Scrutiny Panel (c) Planning and Environment Overview and Scrutiny Panel (d) Health Overview and Scrutiny Panel

RESOLVED that

i) The reports be noted; and

ii) Thanks be expressed to all Members and Officers for all their work over the last 12 months.

CL66 Overview and Scrutiny Review

A report from the Overview and Scrutiny Review Working Group was presented to Council for consideration. The report advised of the work undertaken by the Economic and Corporate Overview and Scrutiny Panel, in respect of scrutiny procedures and processes.

RESOLVED that the recommendations as printed at 2.1 of the report be approved.

CL67 Recommendations from Cabinet or Other Committees

(a) Audit Committee Confidential Reporting Code

Councillor Haynes, Chair of Audit Committee, reported on the recommendations made from Audit Committee on the 21st March 2017.

- 109 -

RESOLVED that

i) The Confidential Reporting Code at Appendix A of the report be approved and the constitution be updated accordingly; and

ii) The Audit and Governance Manager be appointed as the designated Whistleblowing Officer

(b) Audit Committee Contract and Financial Procedure Rules

Councillor Haynes, Chair of Audit Committee, reported on the recommendation made at Audit Committee on the 21st March 2017 which were seconded by Councillor Longden.

RESOLVED that

i) the Council’s Procedure Rules at Appendix A and Financial Procedure Rules at Appendix B of the report be approved;

ii) the Director – Finance and Procurement be granted delegated authority to include a definition of “concession” in the Contract Procedure Rules; and

iii) the constitution be updated accordingly.

(c) Standards Committee Amendments to Part 6A 3B (ii) and Part 9A.2 (iii) of the Council’s Constitution

Councillor Tandy, Chair of Standards Committee, reported on the recommendations made at Standards Committee on the 27th February, 2017 which were seconded by Councillor Haynes

RESOLVED that the amendments to Part 6A 3B (ii) and Part 9A.2 (iii) of the Council’s constitution as set out in the report be approved.

(d) Standards Committee Amendments to Article 8 of the Council’s Constitution

Councillor Tandy, Chair of Standards Committee reported on the recommendations from Standards Committee on the 27th February 2017 which was seconded by Councillor Haynes

RESOLVED that the changes highlighted in Appendix A of the report be approved.

(e) Standards Committee the Sifting Process for Dealing with complaints

Councillor Tandy, Chair of Standards Committee reported on the recommendations from Standards Committee on the 27th February 2017 which was seconded by Councillor Haynes. - 110 -

RESOLVED that; i) The current process of dealing with complaints be retained; ii) Officers look at the length of time complaints are dealt with and how this can be expedited; iii) A summary of the Independent Person’s findings be included in the assessment report; and iv) The subject member of a complaint be informed of the complaint made against them at the initial stage of the assessment.

______

Mayor

Schedule of Declarations of Interests

Name of Disclosable Other Personal Dispensation Councillor Pecuniary Interest Interest General Granted to all members of dispensations the Council in the areas of: granted to all - Housing matters members - Statutory sick pay under s.33 of under Part XI of the the Localism Social Security Act 2011 Contributions and Benefits Act 1992 - An allowance, payment given to members - An indemnity given to members - Any ceremonial honour given to members - Setting council tax or a precept under the Local Government Finance Act 1992 - Planning and Licensing matters - Allotments - Local Enterprise Partnership J.B Member of Warwickshire Beaumont County Council

S. Doughty Member of Warwickshire County Council

D. Harvey Non Executive Director Dispensation to speak & vote with Nuneaton and Bedworth Community Enterprises Limited

D. Harvey Director on the Pride of Camphill Board

Name of Disclosable Other Personal Dispensation Councillor Pecuniary Interest Interest J.A Jackson Any matter Dispensation to speak and relating to the vote on matters that do not Employment relate specifically to her policies and husband’s contract of procedures of employment or the service unit Nuneaton & in which he is employed. Bedworth Borough Council or SLM Community Leisure (by reason of her husband’s employment with Nuneaton and Bedworth Borough Council and Sport and Leisure Management)

J.A. Jackson Member of Warwickshire County Council

J.A. Jackson Non Executive Director Dispensation to speak and with Nuneaton and vote Bedworth Community Enterprises Limited

K.A. Member of Warwickshire Kondakor County Council

A.A Lloyd Governor of George Eliot hospital

A.A Lloyd Representative on the Hospice Charity

B.J. Longden Daughter and son-in- law work in the NHS

Name of Disclosable Other Personal Dispensation Councillor Pecuniary Interest Interest S. Margrave A Director with Orbit Group Ltd

S. Margrave Doctoral Researcher with Worcester Business School

S. Margrave Member of the General Synod of the Church of England C.S Phillips Member of Warwickshire County Council

G. Pomfrett Warwickshire Police and Crime Panel

J. Sheppard Partnership member of the Hill Top and Caldwell Big Local.

J. Sheppard Director of Wembrook Community Centre.

J.A. Tandy Member of Warwickshire County Council

J.A. Tandy Partnership member of the Hill Top and Caldwell Big Local. K.D Wilson Non Executive Director Dispensation to speak and with Nuneaton and vote Bedworth Community Enterprises Limited

K.D Wilson Employee of the courts service