Agenda and decisions

To receive any announcements from the Mayor and Chief Executive.

The Mayor welcomed Councillor Ebrahim Dockrat following his election to represent the Batley East ward on 31 August 2023.

The Mayor conveyed congratulations to Dewsbury Rams upon their first league win and championship promotion, and to Batley Bulldogs for their participation in the AB Sundecks 1895 cup final at Wembley.

The Mayor also conveyed congratulations to the Deputy Mayor, Councillor Nosheen Dad, upon the recent birth of her daughter.

The Mayor acknowledged the forthcoming retirement of the Chief Executive, Jacqui Gedman, and paid tribute to her service. Tributes were also paid by Group Leaders.

Group Business Managers to submit any apologies for absence.

Apologies for absence were received on behalf of Councillors Butt, Dad, P A Davies, Gregg, Mather, K Pinnock and A Zaman.

To approve the Minutes of the Meetings of Council held on the 12 July 2023 and 18 August 2023.

RESOLVED – That the Minutes of the Meeting held on 12 July 2023 and 18 August 2023 be approved as a correct record.

Members will advise if there are any items on the Agenda in which they have a Disposable Pecuniary Interest, which would prevent them from participating in any discussion or vote on an item, or any other interests.

No interests were declared.

To receive any Petitions from Members of the Council in accordance with Council Procedure Rule 9.

Council received a petition from Councillor J D Lawson in regards to the preservation of Dryclough Road horse fields.

The Mayor advised that, in accordance with Council Procedure Rule 9(3) the petition would be directed to the appropriate Service Director for investigation.

Council will receive any petitions and/or deputations from members of the public. A deputation is where up to five people can attend the meeting and make a presentation on some particular issue of concern. A member of the public can also submit a petition at the meeting relating to a matter on which the body has powers and responsibilities.

In accordance with Council Procedure Rule 10, Members of the Public must submit a deputation in writing, at least three clear working days in advance of the meeting and shall subsequently be notified if the deputation shall be heard. A maximum of four deputations shall be heard at any one meeting.

Council received deputations from (i) Mick Donoghue (on behalf of Unison) in regards to the Council’s funding crisis and (ii) Amelia Franks (Countryside Canines) in regards to the increase in dog boarding licence fees.

To receive any public questions.

In accordance with Council Procedure Rule 11, the period for the asking and answering of public questions shall not exceed 15 minutes.

Any questions must be submitted in writing at least three clear working days in advance of the meeting.

No questions were asked.

To receive the Minutes of the Meetings of West Yorkshire Combined Authority held on 2 February, 16 March, 25 May and 22 June 2023.

Received and noted.

To elect the Leader of the Council in accordance with Article 7 of the Constitution.

RESOLVED – That Councillor Cathy Scott be elected as Leader of the Council, in accordance with Article 7 of the Constitution.

To consider the report.

Contact: Mathias Franklin, Head of Planning and Development

RESOLVED –

1)    That the Scheme of Delegation to the Strategic Director (Growth and Regeneration), as set out at Appendix A, be approved and effective from 10 November 2023.

2)    That the Scheme of Delegation to the Strategic Director (Environment and Climate Change), as set out at Appendix F, be approved and effective from 10 November 2023.

3)    That approval be given to (i) renaming ‘Strategic Planning Committee’ to ‘Strategic Planning Committee (Major Planning Applications)’, and (ii) the revised terms of reference as set out at Appendix B, effective from 10 November 2023.

4)    That, pursuant to (3 above), it be noted that the membership and composition of the Committee shall be unchanged for the remainder of this municipal year.

5)    That the revised terms of reference for the existing two planning sub-planning committees (Heavy Woollen Area and Huddersfield Area), as set out at Appendix C, be approved and effective from 10 November 2023 to 9 February 2024.

6)    That approval be given to the disestablishment both Heavy Woollen Area Planning Sub-committee and Huddersfield Area Planning Sub-Committee with effect from 9 February 2024.

7)    That approval be given to (i) the establishment a new planning committee to be named ‘District Wide Planning Committee’, to be effective from 9 February 2024, and (ii) the terms of reference as set out at Appendix D.

8)    That approval be given to the composition of the ‘District Wide Planning Committee’ as set out at Appendix B (effective from 9 February 2024), namely 9 Members of the Council on a ratio of 5:3:1.

9)    That Group Business Managers be delegated authority to nominate the membership of the District Wide Planning Committee.

10)That authority be delegated to the Service Director (Legal, Governance and Commissioning) to make consequential changes to the Constitution (including Scheme of Delegation at Appendix A and Appendix F(subject to amendment, as recommended by Corporate Governance and Audit Committee, as set out in this report), Strategic Planning Committee (Major planning applications) Terms of Reference at Appendix B, and revised Terms of Reference for Heavy Woollen and Huddersfield Planning Sub-Committees at Appendix C) as set out in this report and to implement the recommendations, to be effective from 10 November 2023.

11) That authority be delegated to the Service Director (Legal, Governance and Commissioning) to make consequential changes to the Constitution (including Dis-establishment of the Heavy Woollen and Huddersfield Sub-Planning Committees, establishment of the District-Wide Planning Committee at Appendix A, D and F, and Protocols for Planning Committee at Appendix E (subject to amendment as recommended by Corporate Governance and Audit Committee, as set out in this report) to implement the recommendations to be effective from 9 February 2024.

To consider the report.

Contact: Julie Muscroft – Service Director, Legal, Governance and Commissioning

RESOLVED – That Council:

1)      Notes the recommendation of Corporate Governance and Audit Committee.

2)    Requests that a Members’ Allowance Independent Review Panel is convened as soon as possible to consider the allowances paid to Councillors, having regard to the financial position of the Council.

3)      Requests that Members in attendance at the Council meeting to indicate by recorded vote whether they wish to forgo the increase in allowances (basic and SRA) based on the officer pay award for the 2023/24 financial year and in addition to take a 5% reduction in their current allowances (basic and SRA).

4)      Requests that Members of the Council not in attendance at the Council meeting be asked to indicate whether they intend to forgo the increase and in addition take a 5% reduction in their current allowances (basic and SRA).

Under the provision of Council Procedure Rule 24(3), a recorded vote was taken on this item as follows;

For: Councillors Addy, Ahmed, Allison, Amin, Anwar, Burke, Cooper, Crook, P Davies, Dockrat, E Firth, S Hall, Hawkins, Homewood, Hussain, Kaushik, Kendrick, Khan, J D Lawson, J Lawson, Lee-Richards, Marchington, McCarthy, McKerchar, McLoughlin, Moore, Munro, O’Donovan, Pandor, Pattison, Pervaiz, A U Pinnock, A Pinnock, Ramsay, Reynolds, Safdar, Scott, Simpson, A Smith, Sokhal, Turner, Ullah and H Zaman (43 votes)

Against: Councillors Ali, Armer, Bamford, Bellamy, Bolt, D Hall, Holmes, Lees-Hamilton, McGrath, McGuin, Sheard, Smaje, R Smith, Taylor and Thompson (15 votes)

Abstained: Councillor Greaves

To consider the report.

Contact: James Anderson, Head of Accountancy

RESOLVED –

1)    That the key risks to the delivery of the budget in 2023/2024 be noted and be subject to consideration as part of the regular Budget Monitoring reports submitted to the Cabinet.

2)    That the uncertainty of the funding outlook for the Council be noted, not least the limited progress on Local Government Finance reforms and that these will not now take place before the next General Election.

3)    That, subject to the continuation of the Business Rates Pooling arrangements, authority be delegated authority to the Chief Executive and the Service Director (Finance), in consultation with the Leader and the Finance and Regeneration Portfolio Holder, to determine whether the Council should continue as a member of the Leeds City Region Business Rates Pool in 2024/25.

4)    That the update to the Medium Term Financial Plan for 2024/2029 (Appendix A refers) be noted, and that in view of the uncertainty with some of the assumptions upon which the Plan is based, that it will remain under review as the Council’s budget process progresses.

5)    That the scenario analysis as set out at Appendix D, which models ‘worst’/’best’ case scenarios around the baseline MTFP as part of the assessment of potential risks facing the Council, be noted.

6)    That approval be given to the Medium Term Financial Strategy.

7)    That under the provision of delegations, and in view of the significant financial challenge faced by the Council, early action will be taken to identify and implement budget reduction measures (consistent with the Medium Term Financial Strategy set out above) as a means of reducing the funding gap set out in this report.

8)    That, consultation with relevant Cabinet Members, Officers identity and bring forward proposals consistent with the Medium Term Financial Strategy set out in this report for consideration by Cabinet as part of their development of the budget for 2024/2025.

9)    That the timetable for the development of the Council’s budget 2024/2025, as set out in the report, be noted.

10) That subject to consideration by respective Portfolio Holders, any budget proposals arising from the work above be considered by the Cabinet in due course (and subject to the proposal on consultation as set out at (11) below.)

11) That pursuant to (10) above and agreement with Councillors, and recognising that it may be necessary to consult on specific matters as required, it be noted that it is proposed to undertake consultation on the budget over Autumn 2023 with a view to informing decisions on the Council’s budget for 2024/25.

To receive the Overview and Scrutiny Annual Report.

Contact: Leigh Webb, Governance Manager

Item not considered (Meeting terminated in accordance with Council Procedure Rule 16:2).

To consider the report and appoint Chairpersons.

Contact: Julie Muscroft – Service Director, Legal, Governance and Commissioning

RESOLVED –

That the following Chairs be appointed for the remainder of the 2023/2024 municipal year;

Appeals Panel – Councillor H Zaman

Environment and Climate Change Scrutiny Panel – Councillor J D Lawson

Growth and Regeneration Scrutiny Panel – Councillor Crook

Health and Wellbeing Board – Councillor Ramsay

Personnel Committee – Councillor Scott

Planning Sub Committee (Heavy Woollen Area) – Councillor E Firth

Standards Committee – Councillor McCarthy

To receive written questions to the Leader, Cabinet Members, Chairs of Committees and Nominated Spokespersons in accordance with Council Procedure Rule 12.

A schedule of written questions will be tabled at the meeting.

Item not considered (Meeting terminated in accordance with Council Procedure Rule 16:2).

Council will hold a Key Discussion on Addressing the Council’s Financial Challenge.

(Under the provision of Council Procedure Rule 5 (5), this agenda item must commence not later than 7.00pm).

Council held a key discussion on addressing the Council’s Financial Challenge.

To consider the following Motion in the names of Councillors Taylor and D Hall;

“This Council notes that:

The ‘Election Campaign Material Policy’ (last updated 24 January 2023) currently allows for small posters to be placed on the authority’s lamp posts.

The use of election posters on street furniture is mixed across Kirklees and political parties and there is no discernible correlation between those areas where posters are used and increased engagement or turnout.  The policy distracts both Police and Council resources in needing to police it and where posters are used it can leave a place looking very untidy, especially when posters become defaced, damaged or start to peel.  There are also issues about fairness in that posters cannot be installed in areas where streetlights are hosted in other ways, such as on telegraph poles, which means some more rural parts of the borough do not have the same level of Council support.

Their use is often hotly objected to by residents, especially where the poster is from a candidate the resident does not support, generating further work for Council Officers.  Whilst there was a place for this type of advertising in the past, the current proliferation of media which are open to candidates to communicate their message to the electorate means that this is no longer the effective medium it may have been.

Furthermore, the Council does an excellent job in letting the public know when there is an election, and does so through a wide variety of media, as does the press, social media and political parties.

Removing the ability to erect posters on Council owned assets allows the following benefits:

•      Reduces workload for Council staff and Police.

•      Reduces the use of single use plastic (cable ties), which are often left to pollute the environment or remain around the lamppost.

•      Frees up time for candidates and activists to engage with the public directly.

•      Removes the health & safety issues and road safety issues associated with the erection and removal of posters.

•      Frees up election expenses to be used to communicate directly with the electorate.

This Council therefore resolves to update the ‘Election Campaign Material Policy’ to remove the ability for parties to use Council street furniture for the displaying of election posters.”

Item not considered (Meeting terminated in accordance with Council Procedure Rule 16:2).

To consider the following Motion in the names of Councillors J Lawson and Marchington;

“This Council notes that:

1)    Like many other local authorities, Kirklees Council faces financial challenges that are on a scale and depth not seen in its fifty-year history;

2)    While budget measures taken in March 2023 have provided savings in Quarter 1, these savings have already been outstripped by increasing need and unexpected costs, ongoing Government reductions in funding and rising charges, especially energy. Rising demand in social care for children and adults has also resulted in increasing pressure due to unresolved Government funding;

3)    A new Leader and Cabinet will be in place at September Council. Kirklees Liberal Democrat group believe that there is an opportunity for a new Cabinet to reassess decisions made by previous portfolio holders and to refresh the council as a whole, both in terms of its priorities and the way it marshals all its resources to deal with the complex issues faced by its residents in these challenging times.

This Council believes that:

This process should be aided by councillors and officers from the Local Government Association (LGA) who are able to independently and constructively challenge (peer challenge) the Administration and report back their findings.

This Council, therefore, resolves to:

Instruct the relevant Cabinet member to: 

-       Ask the Council’s Section 151 officer to assess any costs or financial risks involved in requesting a peer challenge through the Local Government Association. That assessment should also outline the possible costs and risks of not inviting a peer challenge. The information should be reported to a meeting of Cabinet for a decision as soon as possible;

-       Inform the Department for Levelling Up, Housing and Communities (DLUHC) of this decision as part of the Council’s ongoing conversation with them to avoid Government intervention.”

Item not considered (Meeting terminated in accordance with Council Procedure Rule 16:2).

To consider the following Motion in the names of Councillors Cooper, Lee-Richards and Allison;

“The Council is facing a severe financial crisis that will affect our ability to deliver services for the people of Kirklees. It is vital that the Council comes together to address this crisis and finds innovative ways to tackle the funding gap that needs to be bridged to provide the support and services needed by local people.

This Council asks Kirklees Cabinet to:

1. Investigate establishing a Corporate Opportunities Register to demonstrate that the Council is aware of and has considered all potential external funding and partnerships that will help the Council achieve its objectives.
2. Work with the Community, Voluntary Sectors and Parish Councils to maximise external funding that the Council can’t access to deliver local schemes and services e.g. National Lottery funding, Parish council funds and other sources.
3. Consider new working patterns for employees, where appropriate, in consultation with staff and Trade Unions to help preserve jobs within the Council and the skills and capacity needed to bid for external funding and deliver projects. Also consider approving overtime when it helps the council generate income.
4. Establish a local lottery to help support activity by the voluntary and community sectors. This has had a positive impact in other areas. 
5. Ask Leaders from all parties on the Council to jointly lobby Government regarding the resources needed to deliver local services.
6. Take advantage of support available from the Local Government Association to help with financial resilience. 
7. Explore how we might collaborate effectively with other West Yorkshire Councils to share costs and provide shared services and back office functions.
8. Work with West Yorkshire Combined Authority to see how funding such as gainshare may be better used to help the Council achieve its objectives.
9. Ensure cost saving measures such as use of pool cars are being fully utilised and expand the supply of pool cars if necessary, on an invest to save basis.
10. Provide space for timely discussion of all parties budget proposals with the aim of producing a cross party budget amendment for the 2024/25 financial year.”

Item not considered (Meeting terminated in accordance with Council Procedure Rule 16:2).

To consider the following Motion in the names of Councillors Marchington and P A Davies;

“This Council notes that:

1)    Most of the UK has a combined sewerage system, meaning that both rainwater and waste water (from toilets, bathrooms and kitchens) are carried in the same pipes to a sewage treatment works. However, during heavy rainfall, the capacity of these pipes can be exceeded, which has the potential to back up and flood people’s homes, roads and open spaces, unless it is allowed to spill elsewhere. As a result, the system is designed to overflow occasionally and discharge excess wastewater into our rivers and seas. However, data shows that the use of overflows is not occasional, as it should be;

2)    Sewage and wastewater discharge is a significant factor in water quality and has an adverse impact on the health of river ecosystems;

3)    According to the Wildlife Trusts, only 16% of waters in England are currently in good ecological health and none meet chemical standards. This means that, overall, there are no rivers, lakes, estuaries or seas in England that are currently in a healthy condition;

4)    This is a local issue as well. Last year, the amount of time sewage was allowed to spill into Yorkshire’s waterways was 232,054 hours, with 54,273 monitored spill events. According to the Environment Agency, parts of Yorkshire have some of the highest number of serious water pollution incidents in England and Kirklees has ranked amongst the highest in recent years. Data from 2021 has revealed that 5 of the top 20 most polluted rivers are in Yorkshire, with the River Calder the second most sewage-polluted waterway in the country, with sewage flowing into the river and tributaries for 27,901 hours.

This Council believes that:

1)    Healthy waterways are the foundation for all life, but our rivers and lakes have become poisoned, with has had a hugely negative impact on aquatic wildlife and habitats;

2)    The Government needs to set out more ambitious targets to repair the damage inflected on our rivers and watercourses;

3)    The council has a number of legal responsibilities in relation to protecting its rivers and watercourses as well as in relation to public health;

4)    Local authorities, including Kirklees Council, should also have powers to fine water utility companies for preventable sewage dumping. The Council should use its voice to put pressure on water companies and the Government to make improvements and fulfil their obligations to Kirklees residents, and resident elsewhere across the country;

5)    Many Kirklees residents are concerned about water quality and the impact of regular wastewater discharge and untreated sewage into our rivers, and the impact that this has on human health and wildlife. Now, more than ever, water quality is at the forefront of public consciousness, as releasing sewage into rivers is no longer an emergency-only situation occurring as a result of severe rainfall, but a regular occurrence. This is at a time when water companies are reportedly pushing to be allowed to increase  ...  view the full agenda text for item 20:

Item not considered (Meeting terminated in accordance with Council Procedure Rule 16:2).