Decisions

The Chair of the ACV Listing Panel considered that in the opinion of the council Savoy Square should be listed as an ACV as the nominating group and the land met the eligibility criteria set out in the Localism Act 2011. The current and proposed use of the land furthers the social well-being and social interest of the community set out in Part 5, Chapter 3 paragraph 88 (1) (a) & (b) of the Act.

The listing lasts for five years from the 5 April 2023.

The decision was taken to list the asset as the nomination met the criteria of an Asset of Community Value.

Delegate to the Head of Planning and Development to approve as detailed in

the considered report.

Delegate to the Head of Planning and Development to approve as detailed in the considered report subject to securing a meaningful increase in contributions towards any potential traffic management schemes at Cliff Hollins Lane and Mill Carr Road.

Delegate to the Head of Planning and Development to approve as detailed in

the considered report.

Delegate to the Head of Planning and Development to approve as detailed in

the considered report.

The minutes of the meetings held on the 15 March 2023 and 6 April 2023 were approved as a correct record.

In the absence of Councillor Steve Hall Councillor Carole Pattison was

elected to chair the meeting.

Issue of financial penalties for breaches of the Clean Air Act 1993 and approval of level of financial penalty to be applied.

Decision not to rescind and reissue the existing Smoke Control Order for Kirklees, so as to incorporate smoke emission offences from moored vessels.

Decision to adopt the “Policy for the Enforcement of the Clean Air Act 1993”.

Following changes to the Clean Air Act 1993 (through the Environment Act 2021) local authorities (LAs) may now issue financial penalties for breaches of the Act.  The fine levels are set within the Act between £175 and £300 but LAs can determine the level of financial penalty to be issued.  The decision has been taken that financial penalties of £175 will be issued for first time offences, rising to £300 for subsequent breaches.  Note: financial penalties will only be issued following the provision of advice and guidance to offenders and where there continues to be offences committed, in spite of this graduated approach.  This approach is detailed with the “Policy for the Enforcement of the Clean Air Act 1993” that has also been adopted as part of this decision-making process.

A decision was also taken not to rescind the existing Smoke Control Order (SCO) for Kirklees and issue a new SCO covering Kirklees that would enable the enforcement of new provisions relating to the emission of smoke from chimneys of moored vessels (which is now an offence under the Act).  This decision was taken due to the complexities involved in needing to undertake a formal consultation process and then rescind/reissue the SCO for Kirklees.  Based on the limited number of moored vessels located within Kirklees Council’s Borough, this is not believed to be justified at this time.  However, emissions from moored vessels and general air quality in localities close to the marinas in Kirklees, will be monitored.  Where local air quality is poor and/or it is deemed to be affected by emissions from such vessels, this decision will be reviewed.

To set the financial penalties associated with offences committed under the Clean Air Act 1993 (as amended) to £175 for a first offence, rising to £300 for subsequent offences.

Adoption of the “Policy for the Enforcement of the Clean Air Act 1993”.

Decision was taken not to rescind and reissue the Smoke Control Order (SCO) for Kirklees Borough so as to incorporate the enforcement of Clean Air Act 1993 offences relating to smoke from chimneys of moored vessels.  This decision shall be kept under review.

To award a new replacement Vehicle Telematics contract that meets a revised specification focusing on Service needs. Current incumbent supplier contract was extended and now at contract limit (expires on 30th June 2023).

To proceed with procuring a new vehicle telematics contract that meets the required specification.