Agenda and decisions

To receive any announcements by the Mayor and Chief Executive.

The Mayor advised that the Agenda included business that had not been considered at the previous meeting, held on 22 March 2017, due to the early termination of the meeting, and provided an update on the repairs that had been undertaken to the Council Chamber roof.

The Mayor advised Council of the death of former Councillor Derrick Yates, who had represented the Liversedge and Gomersal Ward from 2004 to 2011. Tributes were made by Councillors D Hall, Marchington, Sheard and Holmes.

The Chief Executive advised that the pre-election period, prior to the 8 June 2017 General Election, would commence on 5 May 2017, and confirmed that the scheduled Extra-Ordinary Council Meeting would be taking place on 10 May 2017.

Group Business managers will report any apologies for absence.

Apologies for absence were received on behalf of Councillors Asif, Calvert, Dad, D Firth, S Hall, Hussain and Palfreeman.

To receive the Minutes of the previous meetings of Council, held on 15 February 2017 and 22 March 2017.

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.

Details to follow.

Any Member of the Council can submit a petition, in accordance with Council Procedure Rule 9.

No petitions were received.

Council will receive any petitions from members of the public, in accordance with Council Procedure Rule 10 or will receive any deputations, in accordance with Council Procedure Rule 10.

Council received and noted deputations from (i) Kim Leadbeater in regards to ‘The Great Get Together’, an event to be held in memory of Jo Cox (ii) Maureen Sykes in respect of Agenda Item 18 and (iii) Emsuda Selman in respect of Agenda Item 8.

Council will receive any questions from members of the public, in accordance with Council Procedure Rule 11.

No questions were asked.

To consider the following Motion in the names of Councillors Bolt, Cooper, Greaves, D Hall, Lawson, Pandor, Sheard and N Turner.  

‘This Council;

• Notes that 2017 is the twenty-second anniversary of the Srebrenica genocide in Bosnia and Herzegovina, which saw over 8,000 Muslim men and boys killed by Serbian nationalist forces.

• Notes that in 2009 the European Parliament passed a resolution that 11 July should be recognised as the day of commemoration of the Srebrenica genocide all over the EU; and in 2015 urged the development of educational and cultural programmes that promote an understanding of the causes of such atrocities and raise awareness about the need to nurture peace and to promote human rights and interreligious tolerance. All UK political parties have supported the work of Remembering Srebrenica in this regard. 

• Applauds the work of those involved in the pursuit of justice for the victims and their surviving relatives, including the International Commission of Missing People (ICMP) and the Mothers of Srebrenica, whose courage and humility in the face of unthinkable horror is an inspiration to us all.

• Commends the work of the charity, Remembering Srebrenica, in raising awareness of this tragic and preventable genocide and working in communities across Britain to help them learn the lessons of Srebrenica.

The Council resolves to:

• Support Remembering Srebrenica delegates from Kirklees MBC who visited Bosnia on the ‘Lessons from Srebrenica’ education programme and have been working tirelessly in the community to raise awareness of the genocide and learn the lessons of Srebrenica.

• Support Srebrenica memorial events in July each year throughout Kirklees MBC as part of the UK-wide Remembering Srebrenica Memorial Week.

• Support the work of Remembering Srebrenica in communities across Kirklees MBC to learn the lessons from Srebrenica to tackle hatred and intolerance to help build a better, safer and more cohesive society for everyone.

• Encourage and support schools and education providers to bring the lessons of Srebrenica to young people across Kirklees MBC

• Request that the Civic Office considers organising an event for survivors families residing within the Kirklees Community’

NB - Support does not mean any impact on the budget 

Motion approved.

To receive the Minutes of the previous meeting of West Yorkshire Combined Authority, held on 29 September, 1 December 2016, and 2 February 2017 in accordance with Council Procedure Rule 5.

Received and noted.

To consider the report.

Contact: Samantha Lawton, Senior Legal Officer

1) That the Code of Conduct be amended so that it is more directional in regards to poor behaviour and provides specific examples, and includes a lack of response to a complaint as an example of poor behaviour (subject to the consideration of extenuating circumstances).

2) That Members sign the revised Code of Conduct when newly elected, or when re-elected from the implementation of the new Code.

3) That Section 5.1 of the Code of Conduct be amended to simplify the definition of interests which are not disclosable interests (other interests).

4) That the current practice of verbal declarations of interests by Members at meetings be continued.

5) That the process of deciding whether a complaint merits consideration through the standards process be clarified to reflect that the decision will be made by the Monitoring Officer and an Independent Person.  

6) That, if a complaint proceeds, the process of making decisions on standards matters at the first stage of the process be amended to refer to the decision makers being the Monitoring Officer, Chair of Standards Committee, and an Independent Person, following consultation with Group Business Managers.

7) That, pursuant to (5) above, the Standards process be amended to include a clearer process for the early dismissal of complaints that are considered to be minor.

8) That the Terms of Reference for the Standards Committee be amended to reflect additional matters as detailed within the considered report.

9) That the process relating to the granting of dispensations be amended to make provision for the Monitoring Officer to consult with Group Business Managers prior to Budget Council and during the summer period.

10) That the sanctions detailed at Appendices 1 and 8 of the considered report be adopted.

11) That any cases that are referred to the police whereby criminal investigation ceases automatically be subject to the standards process.

12) That the standards process continue without the right of appeal.

13) That Members be required to attend appropriate training following the review of the Code and standards process.

14) That the standards process be amended to include express provision for the expectations of behaviour of members of the public to be considered when a decision is made regarding a complaint.  

15) That the change in role of the Independent Person be acknowledged and that the role profile and remuneration be reviewed accordingly in consultation with Group Business Managers, that the role be advertised and that the appointment/s be submitted to Council.

16) That it be noted that the position of the Group Business Manager and the Chair of Standards Committee cannot be held by the same Councillor.

17) That authority be delegated to the Monitoring Officer to implement the necessary changes to the Constitution and the information available on the website.

To consider the report.

Contact: Simon Taylor, Head of Development Management

1) That the Planning Sub-Committees be constituted with a total of 11 Members for the 2017/2018 municipal year.

2) That additional training be provided to the Chairs of all Planning Committees.

3) That, for pre-application position statements, it be agreed that public speaking not be usual practise but that it could be considered a helpful addition to be determined at the discretion of the Chair.

To receive written questions to the Leader and Cabinet in accordance with Council Procedure Rule 12.

(Note: The deadline for the submission of written questions is 10.00am on the day prior to the Council meeting)

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

To receive for information; The minutes of Cabinet held on 03 October, 12 October, 18 October, 15 November, 28 November, 13 December 2016, 17 January, 31 January and 07 February 2017 and Cabinet Committee – Local Issues held on 19 October 2016 and 22 February 2017.

Received and noted.

(a)   To receive the following updates from Cabinet Members;  

Councillor Khan – Highways and Neighbourhoods

Councillor Mather – Housing and Enforcement Management

Councillor Pandor – Strategy and Strategic Resources

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

a)    Highways and Neighbourhoods (Councillor Khan)

b)    Housing and Enforcement Management (Councillor Mather)

c)    Economy, Skills, Transportation and Planning (Councillor McBride)

d)    Strategy and Strategic Resources, New Council and Regional Issues (Councillors Pandor and Sheard)

e)    Asset Strategy, Resources and Creative Kirklees (Councillor G Turner)

f)     Community Cohesion and Schools (Councillor Ahmed)

g)    Family Support and Child Protection (Councillor Hill)

h)   Adults, Health and Activity to Improve Health (Councillor Kendrick)

Council received Portfolio Updates from Councillor Khan (Highways and Neighbourhoods), Councillor Mather (Housing and Enforcement Management) and Councillor Pandor (Strategy and Strategic Resources).

Council addressed oral questions to Councillors Khan and Mather.

(a)          Appeals Panel

(b)          Corporate Governance and Audit Committee

(c)          Corporate Parenting Board

(d)          District Committee – Batley and Spen

(e)          District Committee – Dewsbury and Mirfield

(f)        District Committee – Huddersfield

(g)       District Committee – Kirklees Rural

(h)       Health and Well Being Board

(i)        Licensing and Safety Committee

(j)         Overview and Scrutiny Management Committee

(k)       Personnel Committee

(l)        Policy Committee

(m)     Standards Committee

(n)       Strategic Planning Committee

Received and noted.

To receive written questions to Chairs of Committees and Nominated Spokespersons in accordance with Council Procedure Rule 12 (1)

(Note: The deadline for the submission of written questions is 10.00am on the day prior to the Council meeting)

No questions were received.

(a)       Appeals Panel (Councillor Armer)

(b)       Corporate Governance and Audit Committee (Councillor  

           Richards)

(c)       Corporate Parenting Panel (Councillor Hill)

(d)       District Committee - Batley and Spen (Councillor Lowe)

(e)       District Committee - Dewsbury and Mirfield (Councillor Dad)

(f)        District Committee - Huddersfield (Councillor Ullah)

(g)       District Committee - Kirklees Rural (Councillor Watson)

(h)       Employee Relations Sub Committee (Councillor Pandor)

(i)        Health and Wellbeing Board (Councillor Kendrick)

(j)         Licensing and Safety Committee - including Licensing Panel and Regulatory Panel (Councillor A U Pinnock)

(k)       Overview and Scrutiny Management Committee (Councillor Stewart-Turner)

(l)        Personnel Committee (Councillor Pandor)

(m)      Planning Sub Committee - Heavy Woollen Area (Councillor

           Kane)

(n)       Planning Sub Committee - Huddersfield Area (Councillor

           Lyons)

(o)       Policy Committee (Councillor Walker)

(p)       Strategic Planning Committee (Councillor Sokhal)

(q)       Kirklees Neighbourhood Housing (Councillor Smaje)

(r)        Kirklees Active Leisure (Councillor Sokhal)

(s)       West Yorkshire Combined Authority (Councillor Sheard)

(t)        West Yorkshire Fire and Rescue Authority (Councillor

           O’Donovan)

(u)       West Yorkshire Joint Service Committee (Councillor Pandor)

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

Details to follow.

To consider the following Motion in the names of Councillors D Hall, Bolt, J Taylor, Patrick, Armer, Watson and Smith;

‘This Council notes the difficulty that residents of Kirkburton and Denby Dale wards have in accessing Council Planning Sub-Committee Meetings held in Dewsbury Town Hall. It recognises that without access to private transport it can take several hours to get to Dewsbury, often by having to change in Huddersfield Town Centre. It notes that in all other Council matters these wards are recognised as part of Kirklees Rural District and that in line with the Council's desire to encourage the public to access and engage with Council decisions the move of the planning applications for these wards be determined in Huddersfield rather than Dewsbury.

This Council resolves that the current arrangements for Planning decisions be amended to allow for one Strategic Planning Committee and 2 Planning Sub-Committees, a Heavy Woollen Planning Sub Committee based in Dewsbury covering the Birstall and Birkenshaw, Cleckheaton, Heckmondwike, Liversedge and Gomersal, Batley East, Batley West, Dewsbury East, Dewsbury West, Dewsbury South and Mirfield wards and a Huddersfield Planning Sub Committee covering the Lindley, Colne Valley, Holme Valley North, Holme Valley South, Crosland Moor and Netherton, Golcar, Ashbrow, Greenhead, Newsome, Dalton, Almondbury, Kirkburton and Denby Dale Wards.

This Council therefore instructs the Assistant Director (Legal, Governance and Monitoring) to take appropriate steps to make the necessary changes to the constitution required to implement the amendments, including the submission of a report to Corporate Governance and Audit Committee for consideration, prior to the implementation of the changes at the beginning of the 2017/2018 municipal year.’

The Motion was not approved.

To consider the following Motion in the names of Councillors McBride and Mather;

‘As the Government concede in their recent white paper that the housing market is broken, this Council asks the Government to legislate to stop land-banking, reverse the policy of selling council houses and fund both local authorities and housing associations to provide the numbers of affordable houses which are urgently required nationwide.

This Council want to implement its plan to build 31,500 houses in the next 15 years with the aim to produce at least 1/3 of these affordable to the wider housing market. This may in part respond to current demand of 12,000 seeking council housing.

We therefore urge the government to remove the disincentive of the Right to Buy, remove the cap on borrowing to spend on housing and for government itself to invest via HCA in social affordable housing.

We for our part will bring forward the necessary land for the needs of all sectors of the housing market to fulfil our part of the bargain to which the white paper refers.

The motion asks that the leaders of all our political groups sign a joint letter to the relevant Secretaries of State, and campaign through local MPs and the LGA.’

The Motion was carried.

To consider the following Motion in the names of Councillors Burke, Eastwood, Lawson, Marchington, A Pinnock, K Pinnock, N Turner and Wilkinson;

‘This Council:

1)         Recognises that the financial outlook for local schools is likely to deteriorate as cost pressures increase;

2)         Regrets the phasing out of the Education Services Grant and its impact on schools and the Council;

3)         Calls upon HM Government to increase the schools budget in order to prevent a serious detrimental impact on class size, support for pupils with special needs or valuable extra-curricular activities;

4)         Asks the Chief Executive to write to all local MPs, urging them to raise the Council’s concerns with the Secretary of State for Education.’

Item not considered (due to time constraints).

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

‘This Council acknowledges and welcomes the additional funding provided for Social Care Integration provided by the Chancellor in his Budget proposals.

This Council notes that additional funding of over £8.2m in 2017/18, and almost £16.2m over the next three years has been provided to support Social Care Integration and notes that the Council had already, in the Budget approved by this Council on 15 February 2017, provisioned monies to support the transformation of Social Care Integration by 2020.

In acknowledging this additional Government Funding, this Council calls on the Labour Cabinet to revisit and revise its own budget proposals.

This Council suggests that the Cabinet should consider the following:

-          Not implementing the proposed cut of £1.9m to the Library Service across the borough.

-          Cancelling the proposed Service Review and instead recognise the valuable role that Libraries play in communities and commit to improving this service and safeguarding Libraries for the future, retaining the experienced workforce whose future is now very uncertain.’

Item not considered (due to time constraints).