Agenda     Minutes  
Council
Date: 30 June 2008
Time: 6:30pm
Location: The Guildhall
 
Printed Minutes filetype: pdf  (349KB)
 
Committee Contact Details
Contact Name: Democratic Services
Telephone: 01522 873370/371/619/533
E-mail: democraticservices@lincoln.gov.uk

Membership
Councillor Darren Grice
(Leader of the Council)		 Councillor Ronald Hills
(Mayor)		 Councillor Yvonne Bodger Councillor Brent Charlesworth
Councillor Jane Clark Richard Coupland David Denman Councillor David Gratrick
Sandra Gratrick Charlotte Grice Paul Grice Helen Heath
Councillor Gary Hewson Councillor David Jackson Marc Jones Councillor Andrew Kerry
Councillor Geoffrey Kirby Councillor Karen Lee John Metcalfe Councillor Ric Metcalfe
Councillor Neil Murray Councillor Donald Nannestad Oliver Peeke Bud Robinson
Councillor Fay Smith Councillor Hilton Spratt Councillor Edmund Strengiel Councillor Ralph Toofany
Keith Weaver Councillor Peter West Alister Williams Councillor Loraine Woolley 


Number Title and Minutes
6 Mayoral Announcements

The Mayor outlined mayoral duties he had conducted to date, which included a visit to the Lincolnshire Show and a talk about the Magna Carta at the University of Lincoln. He explained that a highlight so far for him had been a visit to Fosse House to help celebrate the102nd birthday of one of the residents.
7 Confirmation of Minutes

RESOLVED that the minutes of the meetings held on 22 April 2008, 20 May 2008 (Annual Meeting), and 9 June 2008 be confirmed.

Resolved that the minutes of the meeting dated 8 May 2008 be confirmed, subject to the following amendment to Minute Number 93:

Councillor Spratt requested that the following text be deleted:

‘He referred to a Cathedral service to take place the next day followed by the beating of the retreat in the Castle. He outlined the main reasons why the Grenadier Guards should be honoured with the Freedom of the City of Lincoln, highlighting that it was one of the finest regiments in the British Army’
8 Declarations of Interest
Councillor Andrew Kerry declared a personal and prejudicial interest in Minute No. 12. 
Reason: He had previously held a Private Hire Driver’s Licence and was known to a number of Hackney Carriage and Private Hire Drivers in the City. 
Resolution: He left the room during the consideration of this item.

Councillor Alister Williams declared a personal and prejudicial interest in Minute No. 12. 
Reason: He held a Private Hire Driver’s Licence and his mother held a Private Hire Vehicle Licence. 
Resolution: He left the room during the consideration of this item.

Additional declarations of interest were made under Minute No. s 12 and 13.
9 Councillor Robinson

Councillor D Grice extended his best wishes to Councillor B Robinson for a speedy recovery from his recent illness.
10 Receive any Questions under Council Procedure Rule 11 from Members of the Public and provide Answers thereon

Mr F King asked the following question of Councillor D Grice: -

What contingencies does the Council have in place to deal with the downturn in the economy and its effect on income received by the Council?

Councillor D Grice responded to Mr King’s question as follows: -

When Council sets the budget each year a risk assessment and sensitivity analysis is undertaken. Officers calculate a number of ‘what if’ situations to see what would happen to contingencies and balances if certain things occurred during the year.

This sensitivity analysis includes price increases, upturns and downturns in the economy and grants not being received etc.

All budgets are regularly monitored and reported upon and the necessary changes made. The level of general Fund balances that the Council has currently is about £2.5 m and we believe that this is sufficient to deal with some of these issues as they arise.
11 Referrals from Planning Committee

A) Planning Committee - 16 April 2008 - Application for Development - The Lawn, Union Road

The Development Control Manager

  1. stated that the application was a Regulation 3 application for the installation of additional play equipment to the existing play area at the Lawn on a site within Cathedral and City Centre Conservation Area No 1 and within mixed-use area
     
  2. provided details of the policies pertaining to the application:

    • Policy 34: Design and Amenity Standard
    • Policy 52B: Formal Public Parks, Gardens and Monuments
       
  3. outlined responses made to the consultation exercise
     
  4. gave details of the issues raised by this proposal as follows:

    • Local Plan Policy
    • Residential Amenity
    • Visual Amenity, Design and Access
       
  5. concluded that the proposal would not have an unacceptable impact on residential and visual amenity or the character and appearance of the park itself and was therefore in accordance with Policies 34 and 52B of the City of Lincoln Local Plan.

Members discussed the application in further detail.

RESOLVED that the application be granted with conditions to include:

  • Standard years and plans condition
  • Times of use of I-Play equipment.

B) Planning Committee - 16 April 2008 - Application for Development - King Georges Field, Off Macaulay Drive, St Giles - Application No 2008/0001/RG3

RESOLVED that this item be deferred until the next meeting of Council as the requirement for local residents to be notified regarding the consideration of the application at tonight’s meeting had not been carried out.

C) Planning Committee - 28 May 2008 - Application for Development - Hughes House, Fordham House, Murfin House, De Wint Avenue - Application No 2008/0102/RG3

The Development Control Manager

  1. stated that the application related to the provision of a hipped roof on each building.
     
  2. provided details of the policy pertaining to the application as follows:

    • Policy 34: Design and Amenity Standards
       
  3. outlined responses made to the consultation exercise
     
  4. gave details of the issues raised by this proposal as follows:

    • Effect on Residential Amenities of Neighbouring Properties
    • Effect on the Visual Amenity of the Wider Area
       
  5. concluded that the proposal would not cause harm to the residential amenities of neighbouring properties nor the visual amenity of the wider area in accordance with Policy 34 of the City of Lincoln Local Plan.

Members discussed the application in further detail.

RESOLVED that the application be granted.

D) Application for Development - Yarborough Leisure Centre, Riseholme Road, Application No: 2008/0121/RG3

The Development Control Manager

  1. stated that the application was for the erection of a single storey store and two temporary buildings to accommodate toilet and shower facilities
     
  2. provided details of the policies pertaining to the application:

    • Policy 34: Design and Amenity Standards
    • Policy 48A: Existing Playing Fields
       
  3. outlined responses made to the consultation exercise
     
  4. gave details of the issues raised by this proposal as follows:

    • Effect on residential amenity
    • Effect on visual amenity
       
  5. concluded that the proposed buildings would not harm residential amenity or visual amenity and therefore was in accordance with Policies 34 and 48A of the City of Lincoln Local Plan.

Members discussed the application in further detail.

RESOLVED that the application be granted with conditions to include:

  • Standard 2 year condition
  • To be developed in accordance with the approved plans
  • Temporary period for shower and toilet facilities.

E) Application for Development - The Terrace, Grantham Street, Application No 2007/0276/F

The Development Control Manager

  1. stated that the application from the City of Lincoln Council proposed to install a short flight of steps from the café situated at the eastern end of the building down to the outdoor courtyard at The Terrace Managed Workspace recently completed on Grantham Street
     
  2. provided details of the policies pertaining to the application:

    • Policy 34: Design and Amenity Standards
       
  3. outlined responses made to the consultation exercise
     
  4. gave details of the issues raised by this proposal as follows:

    • Effect on Visual Amenity – were the steps of a suitable design for the building to which they related
       
  5. provided Members with an additional plan of the proposals as detailed within the Agenda papers
     
  6. concluded therefore that the proposal was sensitively designed and was appropriate for the building.

Members discussed the application in further detail.

RESOLVED that the application be granted.
12 Planning Committee - 25 June 2008 - Application for Development - The Terrace, Grantham Street - Application No 2008/0276/F

The Development Control Manager

  1. stated that the application from the City of Lincoln Council proposed to install a short flight of steps from the café situated at the eastern end of the building down to the outdoor courtyard at The Terrace Managed Workspace recently completed on Grantham Street
     
  2. provided details of the policies pertaining to the application:

    • Policy 34: Design and Amenity Standards
       
  3. outlined responses made to the consultation exercise
     
  4. gave details of the issues raised by this proposal as follows:

    • Effect on Visual Amenity – were the steps of a suitable design for the building to which they related
       
  5. provided Members with an additional plan of the proposals as detailed within the Agenda papers
     
  6. concluded therefore that the proposal was sensitively designed and was appropriate for the building.

Members discussed the application in further detail.

RESOLVED that the application be granted.

Councillor Hilton Spratt declared a personal interest in Minute No. 12. 
Reason: He had ‘opened’ the building formerly as Mayor of Lincoln. 

Councillor Andrew Kerry declared a personal and prejudicial interest in Minute No. 12. 
Reason: He had previously held a Private Hire Driver’s Licence and was known to a number of Hackney Carriage and Private Hire Drivers in the City. 
Resolution: He left the room during the consideration of this item.

Councillor Alister Williams declared a personal and prejudicial interest in Minute No. 12. 
Reason: He held a Private Hire Driver’s Licence and his mother held a Private Hire Vehicle Licence. 
Resolution: He left the room during the consideration of this item.
13 Recommendations

The following recommendations were formally moved by the relevant Chairman, seconded, debated and dealt with in accordance with the decision as set out below: -

Chairman/
Vice Chairman		 Subject Decision
 
  1. Councillor D Grice
 Licensing Committee – 3 June 2008 – Hackney Carriage and Private Hire Vehicle Test Fees
  1. That the fees as detailed in Appendix A to the report be approved.
  2. That determination of the fees for vehicle/meter testing to be a variable amount based on the actual fee charged to the Council by the testing garage plus the administration fee for the production of the test certificate be approved.
  3. That the issue of an administration fee set at £3.65 for the production of test certificates for 2008/09 be approved.
  4. That the issue of a fee for replacement test certificates set at £3.65 and subject to annual adjustments be approved.
  5. That CMT be advised of the urgency required to complete the necessary contract arrangements with Cory.
  1. Councillor D Grice
 Licensing Committee – 3 June 2008 – Review of Hackney Carriage Fares
  1. That the increase in fares and decrease in distance for flag falls as set out in Appendix A to the report be approved.
  2. That a fuel surcharge of 20p for each price increase of 10p per litre commencing at £1.30 be approved.

 (Councillors Kerry and Williams left the room during the consideration of this item.)

Councillor Charlotte Grice and Councillor John Metcalfe declared a personal and prejudicial interest in Minute No. 13. 
Reason: Family had an interest in a private hire company. 
Resolution: Left the room during the consideration of this item.

Councillor Hilton Spratt declared a personal and prejudicial interest in Minute No. 13. 
Reason: His cousin was a taxi driver. 
Resolution: He left the room during the consideration of this item.
14 Receive any Questions Under Council Procedure Rule 12 from Members and provide Answers thereon

The following questions were asked under Council Procedure Rule 12 and answered as indicated:


Questioner – Councillor Charlesworth


Question 1

Can the Portfolio Holder for Housing give Council an update on what progress has been made on the Decent Homes Standard work across the City and what is the level of complaints from tenants regarding the work that has been carried out?

Answered by Councillor J Metcalfe

Answer
The Decent Homes programmed work is complete in three areas of the City,
Hartsholme, Birchwood and Boultham Moor. A pilot project at Shuttleworth House is also complete.

Work within the programme is currently being carried out in Bracebridge and the City Centre as well as the Warden Scheme at Broomhill/Sorrell Court/Clematis Approach.

To date, work has been completed on 1801 properties and currently 69% of the Council’s stock currently meets the Decent Homes Standard.

Work is programmed to start later this year in Newport, the Roman Pavement/East Liberty structural project, and the Warden Schemes at Lenton Green and Lillicrap Court.

In respect to complaints Kier have received, 66 complaints in total during the period April 2007 when the programme was established (following the Pilot) to May 2008.

Aaron services have received 19 complaints from the period April 2006 – May 2008, which includes both decent homes and service/maintenance works.

 

 

 

Supplementary Question
If the 66 complaints were directed via Members I must have received a lot of them. I presume arrangements are in place to ensure that the relevant Portfolio Holder is kept informed of troubleshooting in relation to Decent Homes Standard. What arrangements have been put in place to enable both officers and contractors to deal with complaints?

 

 

Answer
The authority is under a contract arrangement to provide a service to facilitate the upgrading of Council stock.

A complaints procedure is in place.

Questioner – Councillor Nannestad

Question 2
Can the Portfolio Holder inform Council as to the future plans for the Cornhill Tourist Information Centre?

 

Answered by Councillor Spratt

Answer
This was currently under review.

 

Supplementary Question
What does ‘under review’ mean?

 

Answer
I cannot ‘add’ any further information at the present time.

Questioner – Councillor Nannestad

Question 3
Can the Portfolio Holder for Housing confirm whether or not officers are authorised to commence eviction proceedings against tenants who refuse access to their properties for the Decent Homes Standard work to be carried out?

Answered by Councillor J Metcalfe

Answer
No officer has been given authority to threaten eviction of tenants who refuse any element of Decent Homes work. The Council would never seek an eviction order against any tenant who refuses to have work done to their home. In such circumstances the Council is then entitled to remove the property from its Decent Homes Performance Calculation and will pick up such work if the property subsequently became vacant.

I would therefore stress again that the Council would never take action for possession against any tenant who refuses to allow access to complete any major works and even if we did in my view the Courts would not accept such grounds to grant an eviction order.

However, in exceptional circumstances where the work is necessary for health and safety reasons (rewiring, gas etc) and where after all efforts to reach a satisfactory agreement with the tenant to allow the work to proceed have failed the Council may have to consider applying to the Courts to exercise its powers of entry to carry out the work. We have used such powers in the past where tenants have refused entry for the required annual servicing of gas appliances but we have not, as yet, had to use such powers to require entry to carry out rewiring.



 
15 Motions

No motions under Council Procedure Rule 13 were received from Members.
16 Statement of Accounts 2007/08

It was moved by Councillor D Grice, seconded by Councillor Spratt, debated and

RESOLVED that the Council’s Statement of Accounts for the year ended 31 March 2008 be approved.
17 Scrutiny Annual Report 2007/08

RESOLVED that the Scrutiny Annual Report be noted.
18 Amendments to Appointment of Members:

- To Committees
- Substitute Members
- Representatives on Outside Bodies

RESOLVED that the following appointments be approved:

 

Committees Membership:

 

Committee

Current

New Member

Policy Review Scrutiny Committee

 

Councillor Clark

To remain Councillor Clark

Committee

Current Substitute

Replacement Substitute Member

Corporate Equality and Diversity Development Group

Councillor Peeke

Councillor J Metcalfe

City Honours Committee

 

Councillor Jones appointed as a Substitute Member for the Committee

Outside Bodies:

Outside Body

Current Representative

Replacement Representative

Lincoln Dial a Ride

 

Councillor D Grice

Councillor Clark

Share the Care

Councillor D Grice

Councillor Clark

Lincolnshire Shared Improvement and Efficiency Partnership

N/A

Councillor D Grice

Lincoln Business Improvement Group

Councillor Strengiel

Councillor Spratt

Urban Partnership Group

Councillor Peeke

Councillor Spratt

Drainage Board – Upper Witham

Mr J Howie

Councillor  Hills

Drainage Board – Witham Third

Mr J Howie

Councillor Peeke

Drainage Board – Witham First

Councillor Kirby

Mrs C McCartney

Drainage Board – Witham Third

Councillor Kirby

Mr K McCartney

 
19 Planning Committee - 16 April 2008 - Application for Development - The Lawn, Union Road - Application No. 2008/0002/RG3
20 Planning Committee - 16 April 2008 - Application for Development - King Georges Field, Off Macaulay Drive, St Giles - Application No 2008/0001/RG3
21 Planning Committee - 28 May 2008 - Application for Development - Hughes House, Fordham House, Murfin House, De Wint Avenue - Application No 2008/0102/RG3
22 Planning Committee - 28 May 2008 - Application for Development - Yarborough Leisure Centre, Riseholme Road - Application No 2008/0121/RG3