Agenda and draft minutes

To enable members of the public to ask questions, express views or present petitions, IF NOTICE HAS BEEN GIVEN, (by telephone, in writing or by email) BY NO LATER THAN 12 NOON OF THE WORKING DAY PRECEDING THE MEETING. As per Procedural Rule 14.4 at any one meeting no person may submit more than 3 questions and no more than 1 such question may be asked on behalf of one organisation.

In accordance with the procedure for public participation, Cllr Jo Wildgoose (Rowsley Parish Council) and Ms Kerry Andrews (Level Centre) made statements on the provision of Gypsy and Traveller sites in the district.

Members are required to declare the existence and nature of any interests they may have in subsequent agenda items in accordance with the District Council’s Code of Conduct. Those interests are matters that relate to money or that which can be valued in money, affecting the Member, her/his partner, extended family and close friends. Interests that become apparent at a later stage in the proceedings may be declared at the time.

Item 7 – Proposal of a Notice of Motion (Rule of Procedure 16)

The following Councillors declared a pecuniary interest in Item 7 as they or a close relative/spouse were eligible for the winter fuel payment under the previous criteria.

Councillors:

Sue Burfoot

Martin Burfoot

Bob Butcher

Peter Dobbs

Nigel Edwards-Walker

Steve Flitter

Marilyn Franks

Susan Hobson

David Hughes

Joanne Linthwaite

Peter O’Brien

Peter Slack

It is noted within the appendix to these minutes that the following Councillors successfully applied for a dispensation in relation to item 7:

Councillors:

Sue Burfoot

Martin Burfoot

Bob Butcher

Peter Dobbs

Steve Flitter

Marilyn Franks

Susan Hobson

Joanne Linthwaite

Peter O’Brien

Peter Slack (Granted at the Meeting)

Announcements of the Civic Chair.

Councillor Peter Slack, Civic Chair, gave the following announcements:

“My First Event on arriving back from holiday was on Saturday 20th July, when I was pleased to celebrate the 20th anniversary of the opening of Middleton Millennium Gardens.

As a founding member of the Middleton Millennium Gardens, I was pleased to speak about the £65,000 of funding from East Midlands development agency, and the great number of hours spent by volunteers building bandstand pathways, walls, and fences, working in partnership with East Midlands Development Agency.

On Sunday 11^th August, me, my consort (my daughter Tracey), District Council leader Steve Flitter, Mrs Flitter, and the Mayor of High Peak Borough Council, visited Rowsley Station on a lovely sunny afternoon. We then travelled to Matlock on the Steam Locomotive Bahamas, one of the largest steam engines, built in 1950. This giant of a Steam Locomotive was very impressive.

On Thursday 29^th August, my consort and I attended the Army Benevolent Fund Dinner and Auction at The Stables, Chatsworth House. It was very good to see the great amount of money raised from the auction of many precious gifts, which goes to the welfare of ex-servicemen.

On Sunday 1^st September, my consort and I travelled to St Peter’s Church in Hartshorne for Cllr Sean Bambrick’s Civic Service. It was a lovely service with a local brass band and choir taking part and later we had afternoon tea.

On Saturday 9^th September, it was an honour and a pleasure to switch on the Matlock Bath illuminations, with former District Councillor Geoff Stevens and his wife Jackie who once again presented this wonderful event. I would also like to pay tribute to the District Council staff that give their time to run this event.

It was great to see the wonderful boats on the river, they seem to get better every year, there is a vast amount of work that goes into building the Illuminated boats. The event will continue until the end of October, with the fireworks starting this weekend.

On Tuesday 17^th September, I attended the opening of the refurbished Anthony Gell and Anthony Bunting Almshouses in my ward, which were built in the 1500s. They were opened by the new Member of Parliament for the Derbyshire Dales constituency, John Whitby. A buffet was held in Wirksworth Town Hall before the opening.

On Sunday 22^nd September, me and my consort attended the Civic service of Cllr Sandra Spencer, Mayor of Ashbourne, at St Oswald’s Church. Ashbourne town band and the church choir took part, along with a guest speaker, Janice Burton MBE, who was speaking for the Guide Dogs for the Blind. Janice spoke about going blind at 21 and coming to terms with her disability, she was determined to do well as swimmer in two Paralympic Games for Team GB. It was very good to see her faithful Labrador with her, afterwards there was a lovely buffet tea.

My Civic service will be held on Sunday  ...  view the full minutes text for item 151/24

To receive the non-exempt Minutes of the Committees shown below:

Non-exempt Minutes to be received:                                                           Date

Local Plan Sub-Committee                                                             16 July 2024

Governance and Resources Committee                                        18 July 2024

Community and Environment Committee                                       22 July 2024

Council                                                                                            25 July 2024

Community and Environment Committee                                       30 July 2024

Planning Committee                                                                   13 August 2024

Community and Environment Committee                           12 September 2024

It was moved by Councillor Neil Buttle, seconded by Councillor Matt Buckler and

RESOLVED (unanimously)

That the non-exempt minutes of the Committees listed in the Minute Book for the period 16 July 2024 to 12 September 2024 be received.

The Chair declared the motion CARRIED.

Questions, if any, from Members who have given notice.

Question from Councillor Susan Hobson to Councillor Steve Flitter, Leader of the Council:

“Does the Leader of the Council accept that for the council to run two important consultations, Travellers and Car Parks, over the summer holiday period – against Local government guidelines – was a poor decision, and that the inability of Derbyshire Dales District staff to respond to legitimate questions and emails over this period shows a complete disregard for the views of our communities?”

Councillor Flitter provided the following response.

RESPONSE:

The public consultation concerning temporary traveller sites will have lasted 8 weeks when the consultation ends on the 29^th September. The car park review involves 3 stages of consultation. Multiple channels have been made available including dedicated email inbox, public consultation meetings and online surveys. The timescale for the surveys reflects the need to progress important areas of work and provide sufficient time for residents to give their views through different methods. Officers have worked hard to respond to the many requests from residents and businesses for more information.

With regards to the Car Park Review consultation, it was carried out over a six-week period and was advertised through parish and town council networks, on social media, circulated to people which have signed up to the council’s e-newsletter, on the Council website and posters were erected in every car park. As a result, 1,947 responses to the consultation which we feel is a good representation.

As far as I am aware, officers have responded to all emails/questions in a timely manner but if Cllr Hobson can provide specific details where she feels this has not happened, I will look into it.

Question from Councillor Gareth Gee to Councillor Steve Flitter, Leader of the Council:

“Does the Leader of the Council agree the new Labour Government proposals on the NPPF which demand Derbyshire Dales District Council to uplift the housing targets in it Local Plan from 217 to 571 houses per year over 15 years are totally inappropriate, unacceptable and undeliverable. The Conservative group would like assurance the Council Leader is adjoined with us entirety against Labour policies which will lead to devastating, unrepairable and lasting damage to our communities in Derbyshire Dales.”

Councillor Flitter provided the following response.

RESPONSE:

As Councillor Gee will be aware the proposed revisions to the NPPF were considered by the Community and Environment Committee on 12th September 2024.  The potential increase in housing requirements was discussed, and a response to the Government was agreed unanimously by the Community and Environment Committee.  That agreed response was submitted to the Secretary of State on 24th September.

Residential development of the scale identified in the proposed NPPF would, it is clear, create a challenge for all of us at the District Council, as it would be at a scale greater than ever seen in the Derbyshire Dales.

Question from Councillor Dermot Murphy to Councillor Steve Flitter, Leader of the Council:

““Could Councillor Flitter please advise the Full Council why it  ...  view the full minutes text for item 153/24

The Council will debate the following Motion, submitted by Councillor Geoff Bond, in accordance with Rule of Procedure 16.

“This Council notes with concern the recent changes to the Winter Fuel Payment eligibility criteria, which now require pensioners to not only have reached State Pension age but also to be in receipt of a qualifying means-tested benefit to receive support. These changes will disproportionately affect pensioners in rural areas like Derbyshire, many of whom face fuel poverty and may struggle to navigate the complexities of means-testing.

This Council believes that all pensioners should be supported through the winter months to ensure they are not left cold or forced to choose between heating and other essentials. Furthermore, we acknowledge that many pensioners do not claim benefits due to difficulties with the application process or lack of awareness, leaving them particularly vulnerable to the effects of these cuts.

This Council calls on the Government to reconsider its decision to cut the Winter Fuel Payment and requests the Derbyshire MPs advocate for the full reinstatement of this vital support.

This Council further resolves to:

1. Advocate: Formally lobby Derbyshire MPs and the Government to reconsider the changes to the Winter Fuel Payment, highlighting the impact on pensioners in rural areas like Derbyshire.

2. Provide Local Support: Explore the feasibility of establishing a local emergency fund or grant scheme to assist pensioners ineligible for the Winter Fuel Payment but still in need of support during the winter months.

3. Partnerships: Work with local charities, such as Age UK and Citizens Advice, and energy providers to assist pensioners with navigating the means-testing process and to ensure they access any benefits or grants

4. Promote Energy Efficiency: Develop or expand schemes to provide free or subsidised energy-efficient home improvements, such as insulation, for pensioners in need, to help reduce their long-term heating costs.

5. Winter Support Network: Establish a local volunteer or community support network to check in on vulnerable pensioners during the winter months and refer them to relevant services if they are struggling to heat their homes.

6. Raise Awareness: Launch a public information campaign to inform pensioners about the changes to the Winter Fuel Payment, alternative support options, and assistance available in applying for benefits.

By passing this motion, this Council demonstrates its commitment to supporting pensioners in our community, ensuring they are not left behind by recent policy changes, and taking proactive measures to mitigate the impact of these cuts.”

18:27 – Councillor Nigel Edwards-Walker and Councillor David Hughes left the meeting for the consideration of this item due to previously declaring an interest.

The Council considered an amended motion submitted by Councillor Geoff Bond in accordance with rule of procedure 16, as detailed below:

“This Council notes with concern the recent changes to the Winter Fuel Payment eligibility criteria, which now require pensioners to not only have reached State Pension age but also to be in receipt of a qualifying means-tested benefit to receive support. These changes will disproportionately affect pensioners in rural areas like Derbyshire, many of whom face fuel poverty and may struggle to navigate the complexities of means-testing.

This Council believes that all pensioners should be supported through the winter months to ensure they are not left cold or forced to choose between heating and other essentials. Furthermore, we acknowledge that many pensioners do not claim benefits due to difficulties with the application process or lack of awareness, leaving them particularly vulnerable to the effects of these cuts.

This Council calls on the Government to reconsider its decision to cut the Winter Fuel Payment and requests the Derbyshire MPs advocate for the full reinstatement of this vital support.

This Council resolves to:

Publish a Pension Credit uptake strategic action plan for the next five years, in consultation with key stakeholders.' The strategic action plan should contain both short- and long-term actions to raise the uptake of Pension Credit and set out clear criteria for success.

These actions could include:

1.     Advocate: Formally lobby Derbyshire MPs and the Government to reconsider the changes to the Winter Fuel Payment, highlighting the impact on pensioners in rural areas like Derbyshire.

2.     Provide Local Support: Explore the feasibility of establishing a local emergency fund or grant scheme to assist pensioners ineligible for the Winter Fuel Payment but still in need of support during the winter months.

3.     Partnerships: Work with local charities, such as Age UK and Citizens Advice, and energy providers to assist pensioners with navigating the means-testing process and to ensure they access any benefits or grants

4.     Promote Energy Efficiency: Develop or expand schemes to provide free or subsidised energy-efficient home improvements, such as insulation, for pensioners in need, to help reduce their long-term heating costs.

5.     Winter Support Network: Establish a local volunteer or community support network to check in on vulnerable pensioners during the winter months and refer them to relevant services if they are struggling to heat their homes.

6.     Raise Awareness: Launch a public information campaign to inform pensioners about the changes to the Winter Fuel Payment, alternative support options, and assistance available in applying for benefits.

By passing this motion, this Council demonstrates its commitment to supporting pensioners in our community, ensuring they are not left behind by recent policy changes, and taking proactive measures to mitigate the impact of these cuts.

This motion, if passed, would direct the Council to take action on behalf of pensioners affected by the Winter Fuel  ...  view the full minutes text for item 154/24

25 July 2024

It was moved by Councillor Steve Flitter, Seconded by Councillor Stuart Lees and

RESOLVED (unanimously)

That the minutes of a meeting of Council held on 25 July 2024 be approved as a correct record.

The Chair declared the motion CARRIED.

The District Council submitted an Expression of Interest (EOI) to the Department for Levelling Up, Housing, and Communities in March 2024 for the Local Authority Housing Fund Round 3 (LAHF3). The Council’s bid was successful, with the outcome announced in the Chancellor’s statement at the end of July. DDDC has been allocated £3.8m to deliver 23 homes to provide temporary accommodation/relieve homelessness and extend provision for Afghan refugees. Increasing the delivery of new affordable homes is a corporate priority and it is proposed to increase the staff resources within the Housing Department through the recruitment of an additional Rural Housing Enabler.

The Director of Housing introduced a report which informed Members that the Council had submitted an Expression of Interest (EOI) to the Department for Levelling Up, Housing, and Communities in March 2024 for the Local Authority Housing Fund Round 3 (LAHF3). The Council’s bid was successful, with the outcome announced in the Chancellor’s statement at the end of July.

The Council had previously delivered LAHF rounds 1 and 2, securing 20 homes with grant funding of £2.2m. This new round reflected the extreme difficulties some Councils were facing in relation to the provision of temporary accommodation and an ongoing need to support Afghan refugees.

Members were informed that MHCLG had allocated £450m to 162 councils of which 11 were in the East Midlands and only one other in Derbyshire. The Council had been allocated £3,864,400 to deliver 23 homes, of which 15 must be new. The main grant included £25,624 in revenue funding to support the costs of delivery.

It was noted that the provision of affordable housing remained a corporate priority for the Progressive Alliance and the Council. In order to meet this ambition, it was noted that there would be a need to increase staff resources in order to respond to opportunities such as LAHF and generally continue the development of a pipeline of affordable housing opportunities previously approved by Members. It was therefore proposed to recruit a new full-time, permanent Rural Housing Enabler to assist in progressing new schemes. The LAHF3 revenue grant of £25,624 would off-set the salary costs in 2024/25.

It was moved by Councillor Roger Shelley, seconded by Councillor David Hughes and

RESOLVED (unanimously)

1.     That Council the inclusion of the £3,838,775 in the capital programme, financed by LAHF3 grant be approved.

2.     That the inclusion of a further £503,341 in the capital programme be approved, and that this be funded by S106 contributions and a further £358,925 funded by (revenue) homelessness grants, to support the LAHF3 programme for 2024/25 and 2025/26.

3.     That an additional full time permanent Rural Housing Enabler be added to the Housing Department and that the £25,624 revenue grant be used to offset the cost of this new post in 2024/25.

4.     That a supplementary revenue budget of £25,624 be approved for 2024/25 for a Rural Housing Enabler, financed by the LAHF3 revenue grant.

The Chair declared the motion CARRIED.

19:29 – Councillor Gee left the Meeting.

19:31 – Councillor Gee entered the Meeting.

This report outlines spending for each project against the approved 2024/25 capital programme as at 31^st July 2024, and seeks approval for an updated capital programme for 2024/25 to 2028/29 and associated financing.  Three new projects are proposed for inclusion in the revised programme. 

The Director of Resources introduced a report outlining spending for each project against the approved 2024/25 capital programme as at 31^st July 2024 and sought approval for an updated capital programme for 2024/25 to 2028/29 and associated financing. Three new projects were proposed for inclusion in the revised programme.

At the Council meeting on 25^th July 2024 Members approved a revised capital programme totalling £28,917,905, covering the financial years 2024/25 to 2028/29, as summarised in Table 1 of the report. The three new projects proposed for inclusion in the revised capital programme were set out in Table 3 of the report. These were the Local Authority Housing Fund Round 3, the 5-year Car Park Improvement Plan and the Bakewell Cemetery Extension.

It was moved by Councillor Nick Wilton, seconded by Councillor Neil Buttle and

RESOLVED (unanimously)

1.     That the Capital Programme expenditure to 31^st July 2024 be noted.

2.     That re-phasing of existing projects for completion over the next 5 years be approved.

3.     That new projects totalling £5,486,041 set out in paragraphs 2.12 to 2.29 of the report, be approved for inclusion in the programme.

4.     That the revised capital programme for 2024/25 to 2028/29, as shown in Appendix A, totalling £33,466,045 be approved.

5.     That financing of the Capital Programme from sources summarised at paragraph 3.21 and shown in Appendix B be approved.

6.     That the balance of funds available over the 5-year programme, shown at Appendix B, be noted.

The Chair declared the motion CARRIED.

The report recommends a response to the County Council’s proposed changes to its provision of a design and build agency service for Disabled Facilities Grant home adaptions. Disabled Facilities Grants enable adaptions to the homes of eligible adults and children with a disability to help them live independently.

The Environmental Health Manager introduced a report which recommended a response to the County Council’s proposed changes to its provision of a design and build agency service for Disabled Facilities Grant home adaptions.

Members were informed that Local housing authorities have a statutory duty to provide adaptations for those who qualify for a Disabled Facilities Grant, up to a maximum grant of £30,000. Each year, local housing authorities are informed of their allocations by the Government, with the funding then being paid through a ring-fenced capital grant.

It was noted that the Derbyshire Dales grant allocation could only be used in accordance with the Housing Renewal Policy (2023-26). The 2024/25 allocation for DFGs was just under £642,000 and was included in the Capital Programme.

In Derbyshire, the design and build of DFG adaptations, is in the majority of districts carried out by the County Council’s Disability Design Team (DDT). It was noted that the County Council was now consulting on (among other options), ceasing its Disability Design Team service from 31 March 2025. The Councils draft response to this consultation was set out in Appendix 1.

Members were informed that the cessation of the County Council’s DDT design and build service from 31 March 2025 could have significant implications for the DFG service to disabled residents in the Derbyshire Dales and other districts. With this date being only slightly more than six months away, time to procure an alternative provider of design and build services was uncommonly tight. The report therefore updated Members on measures being taken to secure a design and build service for DFGs beyond 31 March, with Appendix 2 setting out options to deliver this service.

It was moved by Councillor Steve Flitter, seconded by Councillor David Hughes and

RESOLVED (unanimously)

1.     That the response (set out in Appendix 1) to Derbyshire County Council’s consultation be agreed and submitted on 27 September 2024 along with a covering letter.

2.     That work on options to secure a Disabled Facilities Grant design and build service after 31 March 2025 be noted.

3.     That if in due course decisions are required to agree or procure an alternative DFG design and build provider, a report be presented to the Community and Environment Committee.

The Chair declared the motion CARRIED.

The report seeks use of the General Reserve for final costs in connection with defending an appeal at a Planning Inquiry relating to an application at Leys Farm, Wyaston Road, Ashbourne, which was recommended for approval by officers but refused by the Planning Committee.  The appeal was allowed and planning permission granted by the Planning Inspectorate.  Whilst the appellant’s application for full costs was refused, partial costs are due to the appellant in respect of the withdrawal of two reasons for refusal which were deemed indefensible.  The report also seeks approval for a supplementary revenue budget to be used to defend other planning appeals.

The Director of Place and Economy introduced a report which sought use of the General Reserve for final costs in connection with defending an appeal at a Planning Inquiry relating to an application at Leys Farm, Wyaston Road, Ashbourne, which was recommended for approval by officers but refused by the Planning Committee.

The appeal was allowed and planning permission granted by the Planning Inspectorate. The decision letter was attached at Appendix 1. Whilst the appellant’s application for full costs was refused, partial costs were due to the appellant in respect of the withdrawal of two reasons for refusal. The cost decision letter was attached at Appendix 2. The report also sought approval for a supplementary revenue budget to be used to defend other planning appeals.

It was moved by Councillor Peter Dobbs, seconded by Councillor Sue Burfoot and

RESOLVED (unanimously)

1.     That the costs of defending the Leys Farm appeal, totalling £181,619.40 be noted.

2.     That a further supplementary revenue budget in 2024/25 for additional expenditure of £81,619.40 associated with the Leys Farm planning appeal be approved and financed from the General Reserve.

3.     That a further supplementary revenue budget in 2024/25 for additional expenditure of £250,000, associated with defending other planning appeals, be approved, and financed from the General Reserve.

The Chair declared the Motion CARRIED.

20:10 – Councillor Buttle left the Meeting.

20:13 – Councillor Buttle entered the Meeting.

Brief description of item.

At 20:24, it was moved by Councillor Steve Wain, seconded by Councillor Stuart Lees and

RESOLVED (Unanimously)

That in accordance with Rule of Procedure 13, the meeting continue until 21:00.

The Chair declared the motion CARRIED.

20:24 – The meeting adjourned

20:30 – The meeting reconvened.

The report informs members of recent staffing changes and seeks approval for the retrospective appointment of executive recruitment agency Gatenby Sanderson and to provide support to the Council in the recruitment of a Director of Governance and Corporate Services (Monitoring Officer). The report also identifies the need for temporary interim Monitoring Officer resources.

The Chief Executive introduced a report informing members of recent staffing changes and sought approval for the retrospective appointment of executive recruitment agency Gatenby Sanderson to provide support to the Council in the recruitment of a Director of Governance and Corporate Services (Monitoring Officer).

At the meeting of Council on 24 July 2024, Members considered a report which outlined the Chief Executive’s proposals to improve organisational resources and resilience to ensure that the Council would be adequately resourced to deal with existing and future priorities and challenges. Following the consideration of that report, the Council’s Director of Corporate and Customer Services (Monitoring Officer) submitted their resignation and is due to leave the Council’s employment on 31st October.

Following consultation with the Leaders of the Progressive Alliance, the Chair of Governance & Resources Committee and the Chair of Council, measures had been put in place to recruit an Interim Corporate legal resource (2 days/wk) commencing 26^th September.

It was moved by Councillor David Hughes, seconded by Councillor Nick Wilton and

RESOLVED (unanimously)

1.     That Council endorses the appointment of Gatenby Sanderson to develop and implement an executive recruitment campaign for the appointment of a new Director of Governance and Corporate Service (Monitoring Officer) and that a supplementary revenue budget for 2024/25 of £20,000 be approved for this purpose, to be financed from the General Reserve.

2.     That a supplementary revenue budget for 2024/25 of £18,000 be approved, to be financed from the General Reserve, to provide an interim Corporate legal resource.

The Chair declared the motion CARRIED.

The report seeks to confirm the appointment of Barbara Beardwell (interim Director of Governance and Corporate Services) as the Council’s Monitoring Officer.

The Chief Executive introduced a report which sought to confirm the appointment of Barbara Beardwell (interim Director of Governance and Corporate Services) as the Council’s Monitoring Officer.

Under Section 5 of the Local Government Housing Act 1989 the Council is required to designate one of its officers as the Monitoring Officer for the Council. The Monitoring Officer may not be either the Council’s Chief Finance Officer or the Head of Paid Service (Chief Executive).

Helen Mitchell (Director of Corporate and Customer Services) is the designated Monitoring Officer for Derbyshire Dales District Council, supported by a Deputy Monitoring Officer (Kerry France). Helen Mitchell had recently submitted her resignation from the position of Director of Corporate and Customer Servicers and therefore, a replacement Monitoring Officer is required.

It was moved by Councillor Joanne Linthwaite, seconded by Councillor Martin Burfoot and

RESOLVED (unanimously)

1.     That Barbara Beardwell be appointed as the Council’s Monitoring Officer with effect from 1^st November 2024.

The Chair declared the Motion CARRIED.