Agenda and decisions

To receive any announcements from the Mayor and Chief Executive.

Group Business Managers to submit any apologies for absence.

Apologies for absence were received on behalf of Councillors Pandor, Lyons, K Taylor, White and Lees Hamilton.

To agree and authorise the Mayor to sign the Minutes of Council held on 18 September 2019.

Approved as a correct record.

The Councillors will be asked to say if there are any items of the Agenda in which they have a Disclosable Pecuniary Interests, which would prevent them from participating in any discussion of them items or participating in any vote upon the items, or any other interests.

Councillor Zaman declared a ‘disclosable pecuniary interest’ in Agenda Item 18 on the grounds that she is in receipt of employment allowance.

Councillors Ahmed, Armer, Dad, Lowe, Mather, Patrick, Smaje, Warner and Zaman declared an ‘other’ interest in Agenda Item 19 on the grounds that either they or a family member were in receipt of a free television licence.

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

None received.

The Committee will receive any petitions and hear any 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 hand in a petition at the meeting but that petition should relate to something on which the body has powers and responsibilities.

In accordance with Council Procedure Rule 10 (2), Members of the Public should provide at least 24 hours’ notice of presenting a deputation.

Council received deputations from (i) Mark Smith, on behalf of Huddersfield Indoor Market Traders, requesting that the destination of the indoor market remains central to Huddersfield Town Centre (a petition was also submitted) (ii) Ali Stopher regarding the progress of Kirklees Climate Emergency resolution and (iii) Dr Richard Stow and Heather Peacock on behalf of Kirklees Climate Emergency Trees Moorland and Rewilding Sub Group regarding CO2 emission reduction commitment and activity and the benefits that would be achieved by implementing an area tree preservation order.

The Cabinet Member for Regeneration (Councillor McBride) responded to (i). The Cabinet Member for Greener Kirklees (Councillor Mather) responded to (ii). The Cabinet Members for Regeneration (Councillor McBride) and Culture and Environment (Councillor Walker) responded to (i).

The Committee will hear any questions from the general public.

Council received questions from;

(i)            Lesley Hawthorne, on behalf of Huddersfield Friends of the Earth, in relation to Agenda Item 20 (Motion as to Regional Support to Leeds Bradford Airport).

(ii)          Kenneth Leigh and Gill Hughes, regarding the preservation of Red House, Gomersal.

In accordance with Council Procedure Rule 9a, Council will discuss the subject matter of the petition, which requests that the community retain ownership of the site at Red House, Gomersal.

Council debated the content of a petition which had previously been submitted and exceeded the 3,000 signatures petition threshold regarding the future of the Red House, Gomersal.

To receive the Minutes of the Meetings of the West Yorkshire Combined Authority held on 25 June and 27 June 2019.

Received and noted.

To consider the Budget Strategy Report.

Contact: Eamonn Croston, Finance Director

(1)  That the funding and spend assumptions informing the updated budget forecasts, as set out in section 2 of the considered report, be noted.

(2)  That the current and forecast earmarked reserves and general balances, as set out at Appendix B, be noted.

(3)  That the existing 2019-2024 capital budget plans rolled forward, as set out at Appendix D, be noted.

(4)  That the corporate budget timetable and approach, as set out at Appendix F, be noted.

(5)  That approval be given to the updated baseline general fund revenue and Housing Revenue Account budget spending control totals over the 2020 - 2023 period, as set out at Appendix A (general fund) and Appendix C (HRA) of the considered report.

(6)  That approval be given to the budget planning framework, as set out in the considered report.

(7)  That approval be given to the budget consultation approach and timetable, as set out within the considered report.

To receive the 2018/2019 Scrutiny Annual Report.

Contact: Penny Bunker, Governance and Democratic Engagement Manager

That the 2018/2019 Scrutiny Annual report be received and noted.

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

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

(1)       Question by Councillor Armer to The Cabinet Member for Culture and Environment – Councillor Walker

          “The Huddersfield Daily Examiner online website of 9th October, under the headline ‘Council deny new playground plan is a u-turn on controversial scheme’, cites Cllr Walker as stating that ‘I am against the closure of any parks. These changes will only be introduced where residents want them’.

          Will Cllr Walker confirm to Council that these remarks apply to all Kirklees play areas within the Borough and mean that, in the absence of calls for change from local communities, the default Council position is “No Change” to current provisions?”

          The Cabinet Member responded thereto.

(2)       Question by Councillor Armer to The Cabinet Member for Culture and Environment – Councillor Walker

          "In the context of Play Areas, it is the case that the Council is seeking to establish various Friends of… groups. Given that such groups are often small in number, what weight will be given to their views on the future of local Play Areas?”

          The Cabinet Member responded thereto.

(3)       Question by Councillor Munro to The Cabinet Member for Learning, Aspiration and Communities – Councillor Pattison

          "Please can you confirm the Council will fund free transport for all displaced pupils at ACS secondary who are forced to travel further afield to other schools outside Almondbury Ward until they leave secondary school at the end of year 11?”

          The Cabinet Member responded thereto.

(4)       Question by Councillor Watson to The Cabinet Member for Culture and Environment – Councillor Walker

          "Residents of High Flatts and surrounding areas have raised concerns with me about visitors to the Yummy Yorkshire Ice Cream Parlour and restaurant taking wrong turns and ending up down private roads and generally becoming lost around the village.  This seems to be a particular problem for visitors coming from the North because the restaurant for them is actually past the village.  Would it be possible to place a brown tourist information sign on one of the lamp posts on the approach to the village advising that there is still a mile (or thereabouts) to go to the restaurant?”

          The Cabinet Member responded thereto.

(5)       Question by Councillor Watson to The Cabinet Member for Culture and Environment – Councillor Walker

          "What process or procedures are in place to ensure the maintenance of road signs and road markings?”

          The Cabinet Member responded thereto.

(6)       Question by Councillor Watson to The Cabinet Member for Greener Kirklees – Councillor Mather

          "In April of this year I came across a pile of fly tipped rubbish on Broadstone Road at Birdsedge just before the junction with Birdsedge Lane. I took the time to have a good rummage through it and in amongst the rubbish were mortgage statements giving the name of an individual and a property address in Leeds. There were also credit card payment receipts from a supermarket in the same area of Leeds which showed part of the credit card number used for the purchases. Copies of the documents  ...  view the full decision text for item 12:

To receive for information; the minutes of the meetings of Cabinet held on 16 July, 13 August and 10 September 2019.

That the Minutes of Cabinet, held on 16 July, 13 August and 10 September 2019 be received and noted.

(a)  To receive a Portfolio Update from the Deputy Leader of the Council / Regeneration Portfolio (Councillor McBride)

(b)  Oral Questions/Comments to Cabinet Members on their Portfolios and relevant Cabinet Minutes;

(i)            The Deputy Leader of the Council / Regeneration (Councillor McBride)

(ii)          Children’s Portfolio (Councillor Kendrick)

(iii)         Corporate Portfolio (Councillor Turner)

(iv)         Culture and Environment (Councillor Walker)

(v)          Greener Kirklees (Councillor Mather)

(vi)         Health and Social Care Portfolio (Councillor Khan)

(vii)        Housing and Democracy (Councillor Scott)

(viii)      Learning, Aspiration and Communities Portfolio (Councillor      Pattison)

(ix)         The Leader of the Council

Council received a Cabinet Member Portfolio Update from the Deputy Leader of the Council / Regeneration Portfolio – Councillor McBride.

Questions were received by the Portfolio Holder for Regeneration – Councillor McBride.

To receive for information the minutes of the following Committees;

(i)            Appeals Panel

(ii)          Corporate Governance and Audit Committee

(iii)         Corporate Parenting Board

(iv)         Health and Wellbeing Board

(v)          Licensing and Safety Committee

(vi)         Overview and Scrutiny Management Committee

(vii)        Personnel Committee

(viii)      Strategic Planning Committee

Item not considered (due to time constraints).

(a)  Appeals Panel (Councillor Dad)

(b)  Corporate Governance and Audit Committee (Councillor Simpson)

(c)  Corporate Parenting Board (Councillor Kendrick)

(d)  Health and Wellbeing Board (Councillor Kendrick)

(e)  Licensing and Safety Committee – including Licensing Panel and Regulatory Panel (Councillor A U Pinnock)

(f)   Overview and Scrutiny Management Committee (Councillor Smaje)

(g)  Personnel Committee (Councillor Pandor)

(h)  Planning Sub Committee - Heavy Woollen Area (Councillor Kane)

(i)    Planning Sub Committee – Huddersfield Area (Councillor Lyons)

(j)    Scrutiny Panel – Children’s (Councillor Marchington)

(k)  Scrutiny Panel – Corporate (Councillor Cooper)

(l)    Scrutiny Panel – Economy and Neighbourhoods (Councillor Uppal)

(m)Scrutiny Panel – Health and Adult Social Care (Councillor Zaman)

(n)  Standards Committee (Councillor P Davies)

(o)  Strategic Planning Committee (Councillor S Hall)

(p)  Kirklees Neighbourhood Housing (Councillor Mather)

(q)  Kirklees Active Leisure (Councillor Sokhal)

(r)   West Yorkshire Combined Authority (Councillor Pandor)

(s)  West Yorkshire Combined Authority Transport Committee (Councillor Homewood)

(t)    West Yorkshire Fire and Rescue Authority (Councillor O’Donovan)

(u)  West Yorkshire Joint Services Committee (Councillor Zaman)

(v)  West Yorkshire Police and Crime Panel (Councillor Ahmed)

Item not considered (due to time constraints).

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

“The UK as a member of the Council of Europe (this is not the European Union) and as such is a signatory to the European Charter of Local Self Government.

The provisions of the Charter state;

“The protection of financially weaker local authorities calls for the institution of financial equalisation procedures or equivalent measures which are designed to correct the effects of the unequal distribution of potential sources of finance and of the financial burden they must support. Such procedures or measures shall not diminish the discretion local authorities may exercise within their own sphere of responsibility”.

It has been demonstrated that Kirklees Council is seriously underfunded per head of population compared with other Councils with similar responsibilities and characteristics.

This Council calls on the Leader of Kirklees Council to raise this breach with

-       the Council of Europe in his role as a member of that body

-       the Secretary of State for Housing, Communities and Local Government

This Council further calls on the Leader of the Council, working with all other political group leaders, to request that Government takes steps to ensure that Kirklees is properly able to fund local services and that Government fulfils its obligations as a signatory of the European Charter of Self Government.”

Item withdrawn.

To consider the following Motion in the names of Councillors Uppal, Pandor,

A U Pinnock, Homewood, Murgatroyd, Griffiths, Kaushik, Walker, Loonat, Hill, McBride, Mather and Khan;

“This Council notes the Universal Credit (UC) policy is flawed, causing unnecessary hardship to local families and people across the country whilst failing to meet its original aims.

This Council further notes, that in Kirklees, following the roll out of UC Full Service in November 2017, 19,804 people are in receipt of UC support (as at 22 July 2019), which has led to problems with rent arrears, and general indebtedness particularly from the 5 week minimum wait for an initial payment. Kirklees Neighbourhood figures as at 1 October 2018 suggest UC claimants represented 32% of rent accounts in arrears which totalled £1.2m of the debt owed.

In addition, there has been an increased use of local welfare service provision referrals to four Kirklees foodbanks, up 27% from the same period in the previous year. Recent figures from The Welcome Centre Foodbank (WCF) in Huddersfield show 1 in 5 people who use the foodbank do so because of problems with Universal Credit.

Official figures show hundreds of thousands of UC payments made nationally are being subject to deductions used to pay back arrears in rent, council tax and utility bills, pushing families into a downward spiral of debt and poverty. Similarly, the Local Welfare Provision (LWP) team in Kirklees are taking more calls from residents who have not been able to make their UC payment last due to insufficient funds including deductions taken from their payments due to advances, arrears payments or tax credit overpayments. The LWP team told us that there was too much reliance on the advance payments system, in reality a loan, which plunges claimants into debt. 72% of referrals made between 1/4/18 – 31/03/19 for foodbanks / fuel vouchers due to “Budgeting / low income” reason are for UC claimants. This compares to only 33% for the period 1/11/17 to 31/3/18.

In addition, for people on UC who are in work, but are paid weekly, fortnightly or 4 weekly, the monthly UC payment is causing additional issues with two or more wages in one pay period resulting in no UC support the following month; self-employed workers on UC are worse off than under legacy benefits and compared with employees; and disabled people unable to work, are also worse off than under legacy benefits, and may be pushed into poverty as a result.

Although the managed migration of UC has been restricted to a pilot, thousands of people are due to transition on to UC this year as a result of ‘natural migration’ (a change in their circumstances).

Furthermore, although UC payments are to go to the primary carer in the household, there are issues with the childcare element of Universal Credit leaving many households in debt.

The High Court also recently found in favour of four single mothers who had brought a legal challenge against the government on the grounds that  ...  view the full agenda text for item 18:

Motion approved.

To consider the following Motion in the names of Councillors Simpson, Pandor, Turner, McBride, O’Donovan, Zaman, Khan, Ahmed, Walker, Warner, Loonat, P Davies, Homewood and Lowe;

“This Council;

-       believes that the abolition of free TV licences is a terrible blow to many vulnerable older people who already struggle to make ends meet and particularly to those who are housebound or isolated and rely on their TV for company

-       notes the pledge made in the Conservative Party 2017 manifesto to fully fund the TV licence for all over 75s

-       notes the Independent Age Credit ‘Credit Where It’s Due’ campaign report, which found that £21m of support for Kirklees’ most vulnerable pensioners is being held back by the barriers to accessing Pension Credit

-       does not believe it is acceptable that almost half of all pensioners in Kirklees who are entitled to Pension Credit do not receive it. These vulnerable older residents will also now lose their free TV licences and will be pushed further into deprivation

This Council therefore resolves;

(i)            to write to the new Prime Minister to outline the unacceptable effect that this policy will have on Kirklees’ most vulnerable pensioners and call upon him to back the ‘Credit Where It’s Due’ campaign to reform Pension Credit to better support Kirklees’ most vulnerable older residents

(ii)          to use opportunities that exist within the Council to promote the availability of Pension Credit to residents to ensure as many residents as possible are aware of its availability.”

Item not considered (due to time constraints).

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

“This Council welcomes;

-       the Declaration of a Climate Emergency made by the Leeds City Region on June 27^th

-       the many Climate Emergency Declarations made by Councils in the Leeds City Region

This Council recognises that;

-       aircraft release more than 600 million tonnes of the world’s major greenhouse gas CO2 into the atmosphere each year

-       aircraft cause about 3.5% of global warming from all human activities

-       aircraft greenhouse emissions if unchecked will continue to rise and could contribute up to 15% of global warming from all human activities within 50 years

This Council notes that;

-       Leeds City Region are planning to financially support transport links to Leeds Bradford Airport

-       that this investment is aimed to boost  activity at Leeds Bradford Airport

-       that investment supporting Leeds Bradford Airport and a possible expansion of the airport is incompatible with the Leeds City Regions Declaration of a Climate Emergency and that of the Councils who have declared a Climate Emergency

This Council commits to;

-       withdraw support for Leeds City Region funding improved transport links to Leeds Bradford Airport

-       call for a reinvestment of those funds in activities that will promote carbon reductions

-       ensure Leeds City Region applies the principles of their Declaration of a Climate Emergency in all the decisions that they make.”

Item not considered (due to time constraints).

To consider the following Motion in the names of Councillors Munro, Burke, Lawson, A Pinnock, K Pinnock, Iredale, Eastwood, P A Davies, A Smith and Marchington;

“This Council notes:

1.    That clean air is one of the most fundamental requirements for a healthy environment;

2.    That, according to Defra, the inhalation of particulate pollution can have adverse health impacts and there is ‘understood to be no safe threshold below which no adverse effects would be anticipated’.

3.    That polluted air is a silent killer, with an estimated 28,000 – 36,000 deaths in the UK attributed to long-term exposure to air pollution. It also costs our health system between £8.5bn and £18.6 billion each year and has been linked to the development of a range of medical issues, including respiratory disease, coronary heart disease, lung cancer and dementia;

4.    That road transport is the principal source of both particulate matter and nitrogen dioxide pollution;

5.    That Kirklees Council has an Air Quality Action Plan which outlines the need to improve the physical infrastructure across the district to ensure that

walking and cycling is easier. The Council has also declared a ‘climate emergency’ and established a councillor-led working party to identify practical measures to reduce emissions, take environmental considerations in mind when developing new policies and to propose targets for future action;

6.    Public Health England’s Review of Interventions to Improve Outdoor Air

Quality and Public Health (2019) report, which outlines measures to tackle air pollution, including improving air quality at schools;

7.    Some schools in Kirklees have expressed concern about the impact of air pollution on pupils and would be supportive of measures and initiatives to improve air quality. 

This Council believes that:

Air pollution particularly affects the most vulnerable in society. It poses a serious threat to the health of children, whose lungs are still developing;

1.    Local authorities, including Kirklees Council, have a hugely important role in tackling air pollution and improving air quality across the district. Children need to be a priority in improving air quality and the Council need to do more to tackle air pollution at schools across Kirklees to ensure that our children are healthy; 

2.    The Government’s Clean Air Strategy (2019) has failed to show adequate leadership in tackling air pollution at a national level. Local authorities, including Kirklees Council, need to respond and shift their focus towards preventative measures in tackling air pollution, rather than being reactive;

3.    The Council needs to develop a dialogue and work more closely with local schools and parents to discuss air quality issues. The Council understands that tackling air pollution can require a holistic approach;

4.    It is important that the Council promotes sustainable active travel, including walking and cycling to schools;

5.    There are opportunities for the Council to work with local schools to devise and implement new initiatives to tackle air pollution, including conducting school air quality audits; creating ‘no idling zones’ for motor vehicles outside schools; promoting ‘School Streets’ and ‘Street Play’. It is  ...  view the full agenda text for item 21:

Item not considered (due to time constraints).

To consider the following Motion in the names of Councillors Munro, Burke, Lawson, A Pinnock, K Pinnock, Iredale, Eastwood, P A Davies, A Smith and Marchington:

“This Council notes that:

1.    Following Freedom of Information requests by the national Liberal Democrat party, it has been revealed that health trusts across England have paid more than £607m in interest payments since 2013-14;

2.    Calderdale and Huddersfield NHS Foundation Trust has paid at least £2,841,049 in interest on outstanding debt since 2013-14. Yorkshire Ambulance Service NHS Trust has paid £575,776 in interest, while Mid Yorkshire Hospitals NHS Trust has paid at least £4,734,551 in the same period;

3.    NHS health trusts paid almost £63m of interest on outstanding debt in 2013/14, rising dramatically to over £205m in 2017/18. NHS trusts across England are more than £1.2bn in debt;

4.    Health trusts can request repayable loans from the Department of Health and Social Care if they face a shortfall in funding, but the Government charges interest of up to 6% on the loans. Currently, nearly a third of loans have rates of 3.5% or more;

5.    The scheme of ‘deficit loans’, which requires health trusts to pay back the loans with interest, replaced the system of permanent public investment in 2014;

6.    Kirklees Council has responsibility for improving local public health services. The Health and Social Care Act 2012 conferred new duties on local authorities, including Kirklees Council, to improve public health as well as existing social care obligations, which are impacted by NHS services.

This Council believes that:

1.    The excessive interest rates and the compounding lack of investment in our NHS is putting the future of health trusts, including Calderdale and Huddersfield NHS Foundation Trust, in jeopardy by forcing them to take out loans to stay afloat day-to-day and impacting the residents in Kirklees;

2.    The budget deficits experienced by health trusts are often the result of underfunding, rather than overspending;

3.    The current system of loans and interest payments does little to provide long-term planning or improve the quality of patient care.  There need to be changes to the way that money moves around the NHS. The current system is forcing our local health trusts to make further cuts in spending on patients to pay interest charges.In doing so, it is undermining local health care across Kirklees.  

This Council, therefore, resolves:

That the Leader of the Council writes to the Secretary of State for Health and Social Care, requesting an urgent review of the current system of loans and interest payments in the health sector.”

Item not considered (due to time constraints).