Agenda and draft minutes

Venue: the Hub, Mareham Road, Horncastle, Lincolnshire LN9 6PH

Contact: Elaine Speed  Senior Democratic Services & Civic Officer

Items
No. Item

The Chairman led a minute’s silence in respect of Councillor Sid Dennis who had sadly passed away that morning. Members shared their fond memories of a dear friend and colleague who would be sadly missed and offered their sincere condolences to his family.

23.

Apologies for Absence:

Minutes:

Apologies for absence were received from Councillors Terry Aldridge, Graham Cullen, Richard Cunnington, Sarah Devereux, David Hall, Ros Jackson, Terry Knowles, Stephen Lyons, Daniel McNally, Kate Marnoch and Ellie Marsh.

24.

Disclosure of Interests (if any):

Minutes:

At this point in the Meeting, Members were invited to declare any relevant interests.

 

·       Councillor Claire Arnold asked it be noted that in respect of Item No. 11, she sat on the Theddlethorpe GDF Community Partnership in her role on Mablethorpe and Sutton on Sea Town Council;

 

·       Councillor Stef Bristow asked it be noted that in respect of Item No. 11 she was the clerk for Theddlethorpe Parish Council;

 

·       Councillor Craig Leyland asked it be noted that in respect of Item No. 11, he sat on the Theddlethorpe GDF Community Partnership representing East Lindsey District Council.

25.

Minutes: pdf icon PDF 239 KB

To confirm the Open and Exempt Minutes of the Annual General Meeting held on 22 May 2024.

Additional documents:

Minutes:

The Open and Exempt Minutes of the Council’s Annual General Meeting held on 22 May 2024 were confirmed and signed as a correct record.

 

26.

Action Sheets: pdf icon PDF 135 KB

To confirm Actions following the Meeting held on 22 May 2024.

Minutes:

The Actions were noted as complete.

27.

Communications from the Chairman:

Minutes:

There were no communications from the Chairman.

28.

Questions by the Public: pdf icon PDF 126 KB

To answer questions pursuant to Council Procedure Rule 10.

Minutes:

Two questions had been received as below, following which a written response had been provided to each in line with Council Procedure Rule 10.9.

 

Question 1

Paul Fisher

Subject

Size of GDF top site at Theddlethorpe

Response by

Councillor Leyland, Leader of the Council and Portfolio Holder for Corporate Affairs

Supplementary

The gas terminal is approximately 68 acres.  They are proposing a further 190 acres of farmland and wildlife habitat plus high security fencing right up against the First King's Nature Reserve.  How do you justify that?

Response

The citing process is not complete and the information that's been given might be correct, but there's all sorts of regulatory authorities that this has to go through, including planning and the Environment Agency.  Therefore, there is a long way to go before that site is actually defined.

 

Question 2

Katherine Barker

Subject

Community vote on hosting a GDF

Response by

Councillor Leyland, Leader of the Council and Portfolio Holder for Corporate Affairs

Supplementary

ELDC councillors have around a month to canvass before a vote and we’ve just had a general election whereby we had six weeks to research manifestos and parties.  South Holderness, its councillors and their people had about six weeks before they made a decision about whether a GDF was appropriate for their community.  So why will you not let people who have been informed in my community vote now?

Response

Thank you, I think the comments in my statement might meet the answers to some of the questions that you have raised.  This is a process that is not ELDC’s.  This is inherited from government policy that we have to follow and adhere to and there are terminologies and time scales that are beyond our control.  We do have one way that we can move this forward and again my statement after this following the Leader’s report will clarify that.

 

A full copy of the questions is attached at Appendix 1 to these Minutes.

29.

Report of the Chairman of the Executive Board: pdf icon PDF 142 KB

Report of the Chairman of Executive Board.

Minutes:

The Leader of the Council presented Members with his report, pages 31 to 34 of the Agenda refer.

 

Following which, the Leader read out an addition to his report as follows: ‘

 

Community Partnership work relating to the proposal to site a Geological Disposal Facility (GDF) on the Lincolnshire coast.

 

‘In 2021, ELDC was invited by Radio Active Waste Management (now Nuclear Waste Services) to join a Working Group to explore whether the former Gas Terminal at Theddlethorpe would be a suitable location for a GDF.  Lincolnshire County Council had already accepted the same invitation.

 

Constitutionally, this was a decision for the Executive to make.  Recognising the potential and wide-ranging impact of such a proposal, the Overview Committee was asked to consider the invitation as part of a pre-Decision scrutiny.  The outcome of which was fed back to the Executive Board that being, we should engage in the process.  That meeting took place on the 19th October 2021.  This was a public meeting and the minutes are available online. 

 

We entered the process in good faith believing it was better to be involved and influencing a potential major infrastructure development that could have far ranging impacts, both positive and negative, for our residents and communities. 

 

This whole process is regulated and managed according to government policy.  Recognising that the timescales for a Test of Public Support (ToPS) were overly lengthy both Cllr Hill and myself as leaders of the Relevant Principal Local Authorities directed that the ToPS should happen by 2027.

 

While the search area has been named, for a ToPS to happen the Potential Host Community (PHC) needs to be identified.  That will only happen once the full impact of all the infrastructure associated with a potential GDF is established and further geological investigation is undertaken.  The PHC could take in more wards of the district if infrastructure requirements extend beyond the wards already affected. 

 

It is for the Community Partnership to establish the boundaries of the PHC.  Only then can a ToPS take place.  The Community Partnership determine the methodology of the ToPS. 

 

For the whole process to be halted the policy allows for a Right of Withdrawal.  It would need both Principal Authorities on the Community Partnership to invoke the Right of Withdrawal.   No single principle local authority would be able to invoke the Right of Withdrawal.  ELDC cannot act alone in this. 

 

The only way that ELDC can act unilaterally, is by leaving the Community Partnership entirely so that we are no longer involved in the process.  LCC would still be able to represent the communities and we would be blind to the activities and actions of the Community Partnership.

 

That would be concerning as at this point in time, the consultation and engagement process has not been effective or informative in the way we had anticipated or hoped for. 

 

I would go further - all that the Community Partnership and NWS have achieved so faris to unnecessarily antagonise our residents and communities. 

 

Indeed, NWS  ...  view the full minutes text for item 29.

30.

Annual Overview Report to Council: pdf icon PDF 189 KB

To note the Annual Overview Report to Council.

Additional documents:

Minutes:

Councillor Fiona Martin, Chairman of Overview Committee presented the Annual Overview Committee Report to Council for noting, pages 35 to 44 of the Agenda refer.

 

During her introduction, Councillor Martin asked that her thanks be passed to all members of the Overview Committee and all Members who had engaged with the scrutiny process over the last 12 months and stated that it was refreshing to see lots of new Councillors getting involved in the process which brought fresh ideas forward.

 

Thanks were also passed to the Vice Chairman, the Outside Body Appointee to the Health Scrutiny Committee and the Scrutiny and Policy Officer for their support.

 

N.B.  Councillor Paul Rickett left the Meeting at 7.12pm and re-joined the Meeting at 7.15pm.

 

Councillor Martin referred to the Joint Scrutiny Programme across the Partnership and highlighted that the work undertaken was progressing very well and was pleased to see that some excellent topic suggestions had been put forward from the Executive Board.

 

In response, the Leader of the Council acknowledged the work of the Overview Committee and the importance attached to this that fed into the executive work, particularly feedback from scrutiny panels.

 

The Chairman endorsed the comments and stated that it was pleasing to see more Councillors had been engaged in the scrutiny process.  He further highlighted that he had been involved in the joint scrutiny process during his time on Overview Committee and hoped that this work continued as it was necessary looking forwards with the Partnership in the future by getting to understand how each council operated differently across different parts of Lincolnshire.

 

Councillor George Horton offered his appreciation to the Overview Committee and acknowledged the hard work by Members involved in the scrutiny panels.  Following which, clarification was sought on how recommendations were followed up once agreed.

 

In response, Councillor Martin stated that all scrutiny reports were presented to Council, and once agreed by the relevant Portfolio Holder were added to the Committee’s Recommendation Tracker which was reviewed at each Overview Committee Meeting.  This was a robust process and was pleased to report that the percentage of scrutiny panel recommendations that were accepted had risen from 80% to 90% in 2023/24.

 

No further comments or questions were received.

 

RESOLVED

 

That the Annual Overview Report to Council be noted.

31.

Appointment to Outside Body: pdf icon PDF 199 KB

To consider an appointment to an Outside Body for the municipal year 2024/25.

Additional documents:

Minutes:

The Chief Executive presented Members with a report to appoint a Member to an Outside Body which was within the remit of the Council for the municipal year 2024/25, pages 45 to 50 of the Agenda refer.

 

The appointment to Age UK Lindsey was deferred at the Council’s Annual General Meeting on 22 May 2024 pending further information relating to the advisory capacity, Minute No. 14 refers.

 

Members were invited to put forward their nominations.

 

It was Proposed by Councillor Claire Arnold and Seconded by Councillor Roger Dawson that Councillor Kate Marnoch be appointed to the Age UK Lindsey Outside Body.

 

Councillor Arnold confirmed that Councillor Marnoch was happy for her name to be put forward as a nominee in her absence.

 

Upon being put to the vote, the proposal was carried.

 

RESOLVED:

 

Councillor Kate Marnoch be appointed to the Age UK Lindsey Outside Body.

32.

Motions on Notice:

To receive Motions on Notice under Council Procedure Rule 12.

 

Proposed nuclear waste site at Theddlethorpe

 

With reference to the proposed nuclear waste site at Theddlethorpe, we request that the executive of this council responds to both proven, overwhelming democratic public opinion, and motions passed recently by the district's town and parish councils and declares support for both our residents and visitors to this district by calling for an immediate test of public support to take place within 12 months or withdrawal of this council from the geological disposal facility process.

 

Proposer: Robert Watson

Seconder: Travis Hesketh

Minutes:

The following Motion was received in accordance with Council Procedure Rule 12:

 

Proposed nuclear waste site at Theddlethorpe

 

With reference to the proposed nuclear waste site at Theddlethorpe, we request that the executive of this council responds to both proven, overwhelming democratic public opinion, and motions passed recently by the district's town and parish councils and declares support for both our residents and visitors to this district by calling for an immediate test of public support to take place within 12 months or withdrawal of this council from the geological disposal facility process.

 

Proposer: Robert Watson

Seconder: Travis Hesketh

 

In his introduction, Councillor Watson highlighted that further to discussions with fellow Members, the common thread was to represent and do the best for communities and residents in the wards of Theddlethorpe, Withern and Mablethorpe.  Councillor Watson stressed that the Motion was not about the merits of a geological disposal facility for nuclear waste but how residents felt threatened by the proposal.  He referred to a local council in Holderness who had rejected a proposal for a nuclear waste site by withdrawing from the siting process after less than one month and queried why ELDC did not support its residents in the same way.

 

It was further highlighted that since the general election, the national perspective had changed on projects such as nuclear waste sites and pylons with the intention to bring in sweeping planning reforms that could fast track such projects.

 

Councillor Watson added that it was the view of the majority of residents in Theddlethorpe for the uncertainty to stop and for a referendum to be held in the next 12 months and asked that this community be given the democratic voice it was asking for, or to support them by withdrawing from the Community Partnership.

 

Councillor Watson strongly urged all Members to support the Motion.

 

Upon being put to the debate, Councillor Stef Bristow supported the Motion and considered that a change in national government meant that a test of public support or withdrawal needed to happen as soon as possible.

 

In response, the Leader of the Council stated that he fully understood the sentiment and rationale for the Motion and the role of Councillors representing their communities.  However, he stressed that the Council had a role to understand all of the issues that it faced, including deprivation, flood defence issues, the longevity of the economy and the ability to educate its residents so that it had a viable and thriving economy.

 

The Leader of the Council acknowledged that the Community Partnership and Nuclear Waste Services had not progressed the engagement as quickly and effectively as it should have done.  It was highlighted that the engagement process was initially going to be over a 10 to 15-year period, however further to engagement with Lincolnshire County Council it had been determined that it would be better to hold this by the end of 2027.  Since that time, due to a change in government the plans could change and technically  ...  view the full minutes text for item 32.

33.

Draft Minutes of the Audit and Governance Committee: pdf icon PDF 132 KB

To note the Minutes of Audit and Governance Committee held on 19 June 2024.

 

Minutes:

Members received the draft Minutes of the Audit and Governance Committee held on 19th June 2024 for noting.

 

Councillor Jill Makinson-Sanders, Vice-Chairman of Audit and Governance Committee highlighted several key points from the Meeting as follows:

 

·       The Committee were pleased to note that since Procurement had been identified as a risk, robust arrangements were now in place to address this.

 

·       There was a delay in signing off the accounts due to a number of factors, including auditing of the accounts and staffing issues both in the external audit sector and finance department, however it was expected that this would be resolved in the autumn.

 

·       All Councillors were invited to the Audit and Governance annual training session to be held on Wednesday 11 September commencing at 9.00am.

 

Members were invited to put their comments and questions forward.  None were received.

 

RESOLVED

 

That the Minutes of the Audit and Governance Committee held on 19th June 2024 be noted.

34.

Questions: pdf icon PDF 168 KB

To answer questions pursuant to Council Procedure Rule 11.

Minutes:

Question 1

Councillor Hesketh

Subject

Understanding of Guidance – Department for Business, Energy & Industrial Strategy Document (2018)

Response by

Councillor Leyland

Supplementary

None

 

 

Question 2

Councillor Danny Brookes

Subject

Illuminations in Skegness

Response by

Councillor Leyland

Supplementary

None

 

 

Question 3

Councillor Danny Brookes

Subject

Promotion of Skegness

Response by

Councillor Leyland

Supplementary

How much does ELDC spend promoting Skegness?

Response

I will provide a written answer.

 

 

Question 4

Councillor Danny Brookes

Subject

Additional support from ELDC to promote Skegness

Response by

Councillor Leyland

Supplementary

Is it the case that Skegness should have been getting support from East Lindsey as well as from the BID?

Response

The BID undertook its own promotional work and did a lot of good work, it’s a shame that it does not exist anymore.   

I'm happy to quantify the work that's being done through the Growth team in respect of the tourism website that's been created and all that continuation of work that is really important for the promotion and there's now a website for the coast. Skegness is getting a lot of attention from East Lindsay and its Growth team to keep the momentum going to make it the visitor attraction that it is.  It's been a challenging couple of years, so our teams will be focusing on making sure that we keep the visitors coming to our wonderful coast and the attractions that we have across the district.  We also have market towns and a lot of other things that are attractive. 

 

 

Question 5

Councillor Watson

Subject

Beach Nourishment

Response by

Councillor Leyland

Supplementary

The beach nourishment scheme along our coast has now concluded with what seems to be an insufficient level of sand at a reasonable distance from the sea wall.  Will you urgently develop some forward strategy for the defence of the coastline and define a timescale on when we can expect to receive an update? Furthermore, can you confirm that this issue is not reliant on a decision on the nuclear waste dump?

Response

There are significant concerns about the state of coastal defences, the Environment Agency has recently undertaken a study of that and there are significant concerns which has brought that work forward in terms of what the future plans should be for the maintenance of those defences and it is a significant challenge. Funding is also a challenge.  I'll happily provide an update once I have received this from the EA and ourteams that are working with them in conjunction with the county.

 

 

Question 6

Councillor Leonard

Subject

Remedial work at the Hub

Response by

Councillor Leyland

Supplementary

If the work on the car park is substandard now, what else is going to appear as substandard in the future and will appear outside the remedial work guarantee?

Response

I will get advice from the officers and provide a written response.

 

 

Question 7

Councillor Leonard

Subject

Staff Poll – April 2024

Response by

Councillor Leyland

Supplementary

None

 

 

Question 8

Councillor Leonard

Subject

Maintenance of landscaping at the Hub  ...  view the full minutes text for item 34.

35.

Date of Next Meeting:

The programmed date for the next Meeting of the Council will be Wednesday 9 October 2024.

Minutes:

The programmed date for the next Meeting of the Council was noted as Wednesday 9 October 2024 commencing at 6.30pm.

36.

EXEMPT INFORMATION:

To consider excluding the public and press for the following items and if appropriate the Chairman to move:-

 

That under Section 100(a)(4) of the Local Government Act 1972, the press and public be excluded from the Meeting for the following item on the grounds that, if they were present, there could be disclosed to them exempt information as defined in paragraph 1 and 3 of Part 1 of Schedule 12A of the Act (as amended).

Minutes:

RESOLVED

 

That under Section 100(a)(4) of the Local Government Act 1972, the press and public be excluded from the Meeting for the following item on the grounds that, if they were present, there could be disclosed to them exempt information as defined in paragraph 1 and 3 of Part 1 of Schedule 12A of the Act (as amended).

 

N.B.  Councillor Richard Fry left the Meeting at 8.40pm.

 

37.

Land for future regeneration in Mablethorpe:

To consider an Exempt Report.

Additional documents:

Minutes:

An Exempt report was presented.

 

RESOLVED

 

That Recommendations Nos 1 and 2 as set out in the Exempt Minute be agreed.

 

38.

Dispensation Requests:

To consider an Exempt Report.

Minutes:

An Exempt report was presented to enable consideration of a Dispensation for a Member of the Council. 

 

Following which it was Proposed and Seconded that the recommendation contained within the Exempt Report be supported.

 

RESOLVED

 

That in accordance with Section 85 of the Local Government Act 1972, that a dispensation be approved for a period of 6 months from 17th July 2024 as set out in the recommendation in the Exempt report.