Agenda and minutes

online meeting, Council
Tuesday 13 October 2020 7:30 pm

You can view the individual reports for this meeting by selecting the headings from the numbered list of items at the bottom of this page. Alternatively you can view the entire agenda by selecting 'Agenda Reports Pack' below.

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Venue: a virtual meeting which members of the public can view online at this link: https://www.youtube.com/user/KingstonCouncil

Contact: Sam Nicholls tel. 020 8547 5533  e-mail:  sam.nicholls@kingston.gov.uk

Media

Items
No. Item

25.

Apologies

Minutes:

Apologies were received from Councillor Jon Tolley.

26.

Declarations of Interest

Members are invited to declare any disclosable pecuniary interests and any other non- pecuniary interests (personal interests) relevant to items on this agenda.

 

Minutes:

There were no declarations of interest.

27.

Minutes

To confirm as a correct record the minutes of the meeting of the Council held on 7 July 2020.

Minutes:

The minutes of the Council meeting held on 7 July 2020 were approved as a correct record.

28.

Mayor's Announcements

Minutes:

The Mayor announced the sad passing of Honorary Alderman and former Councillor Peter Gray, who served as Mayor of the Borough in 1986-7. Councillors and officers joined the Mayor in expressing our condolences to Alderman Gray’s family. The Mayor also acknowledged the sad passing of John Perry, who had served for many years as a Trustee of the Mayors Charity and was a Board Member for Kingston First. Councillors and officers joined the Mayor in expressing their condolences to John’s family and friends. A minutes silence was observed in honour of both Honorary Alderman Gray and Mr Perry.

 

The Mayor congratulated Jamie Frost, a Maths teacher at Tiffins School, who has been named on a shortlist of the 10 most outstanding teachers in the world in the annual Global Teachers Prize competition, which was run in partnership with UNESCO.

 

It was explained that for the Mayor's Charity, fundraising efforts had continued despite the constraints imposed by the pandemic. A sponsored cycle ride to Brighton had recently raised more than £1,500 and both the Deputy Mayor and the Mayor were amongst those who had recently taken part in a half marathon completed over a fortnight. Anybody who wished to sponsor these activities were welcome to do so through Virgin Money Giving.

 

It was also announced that the date confirmed for the Mayor’s Ball, subject to all the Covid related caveats, it could be held on Friday 23 April 2021. More details would follow nearer the time.

 

It was also confirmed that the Mobile Mop Up project which was run in the borough earlier in the year in partnership with Genuine Solutions would be returning after Christmas. Once again the Mayor would be asking for donations of unwanted mobile phones so that they could be reused or the parts recycled, with the Mayor's Charitable Trust continuing to benefit from the proceeds raised. 

29.

Petitions

To receive petitions submitted by Councillors, or by members of the public who live, work or study in the Borough, on a matter in relation to which the Council has powers or duties or which affects the Royal Borough. The petition must contain at least 20 signatures, and notice of the intention to submit the petition must be given in writing to democratic.services@kingston.gov.uk by 10am the day before the meeting. The petitioner will have up to 2 minutes speaking time to present the petition. Up to 5 petitions can be presented at the meeting which will be presented in order of the number of signatories. (Any remaining petitions can be submitted, without speaking.)

 

 

Petitions will be processed in accordance with the Council’s Petition Scheme.

 

 

 

Minutes:

Councillor Kevin Davis proposed that the requirement to give notice of the intention to submit a petition one day before the meeting be suspended on this occasion.

 

The Council unanimously agreed on this occasion to suspend the requirement to provide notice of a petition as outlined in the Petitions Scheme Part 4G of the Council’s Constitution. 

 

Councillor Kevin Davis presented a petition, signed by 124 residents, on the opposition to the installation of three Electric Vehicle Charging Points at Albemarle Gardens and West Bury Road and the request for alternatives to be considered.

 

It was confirmed that the petition would be dealt with in accordance with the Petition’s Scheme as set out in the Council’s Constitution.

 

 

30.

Public Questions

The following public questions were received by the deadline as set out in the Council’s Meeting Procedure Rule 17(A):

 

Cristina Gosney -

Flooding concerns on Wolverton Avenue

 

Isabella Topley -

Covid lockdown and the effect on schools

 

Adya Manoj -

Mental health of young people during Covid pandemic

 

James Giles -

Council Standing Orders

 

Coral Russell -

Council motion debates

 

Bob Tyler -

Council’s Recovery Task Force

 

Justin Quirk -

Seething Wells filter beds

 

Simon Bentham -

Planning legislation and Preserving character of Kingston

 

Shelly Perera -

Low Traffic Neighbourhood at Albert Road

 

Rukhshana Bilimoria -

Low Traffic Neighbourhood at King Charles Road

 

 

A period of up to 30 minutes shall be allowed at each Ordinary Meeting of the Council during which any person who resides, studies or works in the Borough other than Members of the Council may ask questions of the Mayor, the Leader of the Council, Leaders of the other Party Groups, any Portfolio Holder, Chairs of` the Strategic and Neighbourhood Committees, and members representing the Council on outside bodies any question on any matter in relation to which the Council has powers or duties or which affects the Royal Borough.

 

At any one meeting no person may submit more than one question and no more than one such question may be asked on behalf of one organisation.

 

Questions will be asked in the order in which notice of them was received, unless the Mayor decides otherwise in the interests of the efficient conduct of the meeting.

 

One supplementary question shall be allowed provided it is for clarification, arises directly out of the original question/response and is not a statement.

 

Any question which cannot be dealt with during public question time, either because of lack of time or because of the non attendance of the Member, to whom it was to be put, will be dealt with by a written answer and a copy of the answer will be recorded with the minutes of the meeting.

Minutes:

In accordance with Procedure Rule 17(A) replies were given to Public Questions (as set out in Annex 1 to the minutes) and supplementary questions (as set out in Annex 2 to the minutes).

31.

Motion: Consultation in the Royal Borough pdf icon PDF 65 KB

In accordance with Procedure Rule 8(A)(5), the Council will debate a motion which has been submitted by Members of the Council.

 

This will alternate, from meeting to meeting, between a motion submitted on behalf of the Administration and a motion submitted on behalf of Opposition Members of the Council.

 

The following Motion has been received from the Opposition Group (Conservative Group):

 

Proposed by Councillor Jason Hughes

Seconded by Councillor Ian George

“Consultation in the Royal Borough

Background

Effective consultation is the lifeblood of healthy local democracy, not only in its delivery but also its public perception to honestly engender and maintain the trust of communities. Resident participation in decision-making is critical to the responsible and expedient delivery of local government services. This imperative extends beyond the ballot box every four years. It is a continuous journey of consultation and engagement to ensure that reflecting residents’ priorities, achieving value for money and providing excellent service delivery are at the epicentre of the Royal Borough’s activities.

To this end, words must be matched by deeds. The Royal Borough has more to do to reflect this aspiration and to make it a reality.

This Council notes: -

  1. The fundamental difference between ‘consultation’ and ‘engagement’ as vital disciplines in local government, the former is a component of the latter, specifically it recognises that: -
    1. Consultation involves obtaining residents’ feedback on proposals as a corollary of engagement and should regularly consult communities on long, medium and short-term plans, to appropriately determine the Council’s strategic direction, set its budgets and prioritise projects;
    2. Engagement is the broader ongoing process of sharing information with residents and to seek feedback with the core objective of involving communities in the decision-making process, and that consultation is the formal process to meet the Council’s statutory and regulatory requirements;
  2. That trusted, effective and efficient consultation is needed now more than ever giving the ongoing impact of the Covid-19 pandemic;
  3. According to the Council’s most recent Residents’ Survey, the majority of residents do not believe that it seeks their views before taking decisions;
  4. Only a third of residents believe that the Council acts on residents’ concerns;
  5. The majority of residents do not believe that the Council explains the decisions it takes;
  6. The Council’s Community and Engagement Committee is a toothless body which does not look at, or provide oversight to, consultations in the Royal Borough;
  7. The Council’s approach to consultation is disparate and fragmented across council departments, lacking centralisation and a dedicated core with strategic focus;
  8. The recent absence of any meaningful consultation with residents on the imposition of Low Traffic Neighbourhood trials;
  9. The vast difference in quality of recent important consultation efforts, specifically on the Cambridge Road Estate and Cumberland House regeneration schemes, the latter of which is a primary poor example which has understandably shaken residents’ confidence in the Royal Borough’s consultation efforts.

This Council resolves to: -

  1. Continually seek to adopt and exemplify best practice in consultation, by joining the Consultation Institute;
  2. Conduct a comprehensive audit of the  ...  view the full agenda text for item 31.

Additional documents:

Minutes:

In accordance with Procedure Rule 8(A)(5), the Council debated the following motion which was submitted on behalf of Opposition Group of the Council (Conservative Group), as amended in the late material and proposed by Councillor Jason Hughes and seconded by Councillor Ian George.

 

“Consultation in the Royal Borough

Background

Effective consultation is the lifeblood of healthy local democracy, not only in its delivery but also its public perception to honestly engender and maintain the trust of communities. Resident participation in decision-making is critical to the responsible and expedient delivery of local government services. This imperative extends beyond the ballot box every four years. It is a continuous journey of consultation and engagement to ensure that reflecting residents’ priorities, achieving value for money and providing excellent service delivery are at the epicentre of the Royal Borough’s activities.

To this end, words must be matched by deeds. The Royal Borough has more to do to reflect this aspiration and to make it a reality.

 

This Council notes: -

1.    The fundamental difference between ‘consultation’ and ‘engagement’ as vital disciplines in local government, the former is a component of the latter, specifically it recognises that: -

a.    Consultation involves obtaining residents’ feedback on proposals as a corollary of engagement and should regularly consult communities on long, medium and short-term plans, to appropriately determine the Council’s strategic direction, set its budgets and prioritise projects;

b.    Engagement is the broader ongoing process of sharing information with residents and to seek feedback with the core objective of involving communities in the decision-making process, and that consultation is the formal process to meet the Council’s statutory and regulatory requirements;

2.    That trusted, effective and efficient consultation is needed now more than ever given the ongoing impact of the Covid-19 pandemic;

3.    According to the Council’s most recent Residents’ Survey, the majority of residents do not believe that it seeks their views before taking decisions;

4.    Only a third of residents believe that the Council acts on residents’ concerns;

5.    The majority of residents do not believe that the Council explains the decisions it takes;

6.    The Council’s Communities and Engagement Committee is a toothless body which does not look at, or provide oversight to, consultations in the Royal Borough;

7.    The Council’s approach to consultation is disparate and fragmented across council departments, lacking centralisation and a dedicated core with strategic focus;

8.    The recent absence of any meaningful consultation with residents on the imposition of Low Traffic Neighbourhood trials;

9.    The vast difference in quality of recent important consultation efforts, specifically on the Cambridge Road Estate and Cumberland House regeneration schemes, the latter of which is a primary poor example which has understandably shaken residents’ confidence in the Royal Borough’s consultation efforts.

 

This Council resolves to: -

1.    Continually seek to adopt and exemplify best practice in consultation, by joining the Consultation Institute;

2.    Conduct a comprehensive audit of the capabilities, competences and resources of all relevant committees and operations across council departments, including the training of  ...  view the full minutes text for item 31.

32.

Member Questions pdf icon PDF 238 KB

In accordance with Procedural Rule 6 (1&2) replies will be given to questions of which notice has been given  which may be addressed to the Mayor, the Leader of the Council, Portfolio Holders, the Leader of the Opposition, Chairs of the Standing and Neighbourhood Committees and Members representing the Council on Outside Bodies.

Additional documents:

Minutes:

In accordance with Procedural Rule 6 (1&2) replies were given to Member Questions (as set out in Annex 1 to the minutes) and supplementary questions (as set out in Annex 2 to the minutes).

 

33.

Terms of Reference of Strategic Committees

Terms of Reference of Strategic Committees

 

In July 2020 Council was informed of the intention to ask this meeting to approve the change of name of the Finance and Partnerships Committee to the Finance and Regeneration Committee and the Strategic Housing and Planning Committee to the Place and Culture Committee. 

 

In order to align Committee functions with Portfolio Holder remits it is further proposed to make the following minor modifications to the terms of reference of the Strategic Committees:

 

Function

Committee From

Committee To

Covid Recovery (Economic Recovery Task Force)

New function

Finance & Regeneration

Covid Recovery (Community Task Force)

New function

Communities & Engagement

Equalities

Childrens & Adults Care & Education

Communities & Engagement

Human Resources

Finance & Regeneration

Communities & Engagement

Economic Development

Strategic Housing & Planning

Finance & Regeneration

Business and Skills

Strategic Housing & Planning

Finance & Regeneration

Culture, including the Museum, History Centre, Music Service and The Rose Theatre

Communities & Engagement

Place & Culture

Libraries

Communities & Engagement

Place & Culture

Public Health

Childrens and Adults Care & Education

Place & Culture

 

RECOMMENDED that - 

 

the amendments to the names and Terms of Reference of the Strategic Committees set out above be approved.

 

Background papers: held by author of the report - Gary Marson, Head of Democratic and Electoral Services, email gary.marson@kingston.gov.uk - None

 

Minutes:

Resolved that the amendments to the names and Terms of Reference of the Strategic Committees as set out below be approved:

 

Function

Committee From

Committee To

Covid Recovery (Economic Recovery Task Force)

New function

Finance & Regeneration

Covid Recovery (Community Task Force)

New function

Communities & Engagement

Equalities

Childrens & Adults Care & Education

Communities & Engagement

Human Resources

Finance & Regeneration

Communities & Engagement

Economic Development

Strategic Housing & Planning

Finance & Regeneration

Business and Skills

Strategic Housing & Planning

Finance & Regeneration

Culture, including the Museum, History Centre, Music Service and The Rose Theatre

Communities & Engagement

Place & Culture

Libraries

Communities & Engagement

Place & Culture

Public Health

Childrens and Adults Care & Education

Place & Culture

 

Voting: Unanimous

 

 

 

34.

Review of Emergency Decision Making Arrangements pdf icon PDF 86 KB

To propose the adoption of revised arrangements for the operation of meetings of the Council and its Committees during the remainder of the 2020/21 Municipal Year in light of the ongoing Covid-19 pandemic.

Additional documents:

Minutes:

The Council considered a report which set out proposals on the adoption of revised arrangements for the operation of meetings of the Council and its Committees during the remainder of the 2020/21 Municipal Year in light of the ongoing Covid-19 pandemic.

 

It was explained that the current public health situation did not allow for a return to meetings in person at the Guildhall. The latest Government guidance on the safe use of Council buildings continued to recommend that where meetings can take place digitally, without the need for face-to-face contact, they should do so. It was in any event not feasible to operate anything other than the smallest of Committee meetings within the Council Chamber while observing social distancing guidelines.

 

It was proposed that meetings of the Council and its Committees continue to take place virtually for the remainder of the Municipal Year. The Response and Recovery Committee would continue to meet on a monthly basis with responsibility for matters relating to the Council’s Covid response and the functions of the Finance & Regeneration and Community Engagement Committees, both of which would remain in abeyance. The Childrens and Adults Care & Education Committee would be reinstated and a new temporary Culture, Housing, Environment and Planning Committee (CHEP) established to undertake the functions of the Environment & Sustainable Transport Committee and the Place & Culture Committee. All other Committees would resume a normal schedule of meetings where they have not already done so.

 

Councillor Falchikov-Sumner proposed an amendment to the recommendation and this was seconded by Councillor Kevin Davis to have a review mechanism of the decision making arrangements at every Full Council meeting. A vote was taken on the amendment and this motion fell.

 

Voting:

 

 

For:                 Councillors Arora, Bass, Bailey, Cunningham, Davis, Falchikov-Sumner, Fram, George, Hughes, Netley and Sheppard. (11).

 

Against:         Councillors Abbas, Abraham, Archer, Bailey, Bamford, Beynon, Fiona Boult, Olivia Boult, Cobbett, Davey, Dunstone, Durrant, Edwards, Foulder-Hughes, Gander, Goodship, Green, Ha, Heap, Holt, Kerr, Kirsch, Lidbetter, Moll, Ravalia, Ryder-Mills, Schaper, Self, Stuart, Sweeney, Thayalan, Thompson, Wehring, White, Wookey, Yoganathan and Young. (36)

 

Abstain:         None. (0)

 

 

 

 

 

 

 

Resolved that -

 

1.    all meetings of the Council, its Committees and Sub-Committees take place virtually for the remainder of the 2020/21 Municipal Year;

2.    the Culture, Housing, Environment and Planning Committee (CHEP) be established to discharge the functions of the Environment and Sustainable Transport and Place and Culture Committees for the remainder of the 2020/21 Municipal Year:

3.    the membership of the CHEP Committee and any other consequential changes in Committee membership shall be as set out in the late material;

4.    the Response and Recovery Committee shall continue to operate for the remainder of the 2020/21 Municipal Year in order to discharge the functions of the Finance and Regeneration and Community and Engagement Committees, to determine matters related to the Council’s Covid 19 response, and to determine any urgent matter which falls within the remit of another Strategic Committee if it cannot wait  ...  view the full minutes text for item 34.

35.

Repatriation of Powers from Joint Health Overview and Scrutiny Committee for South West London and Surrey County Council

This report proposes that the Council reviews its previous decision to delegate to the South West London and Surrey Joint Health Overview and Scrutiny Committee (JHOSC) the power of referral to the Secretary of State.

 

The JHOSC has responsibility for responding to consultations on substantial service change affecting multiple boroughs across the area. It is presently primarily concerned with consideration of the Epsom and St Helier NHS Trust’s programme “Improving Healthcare together 2020-2030” through a Sub-Committee of the constituent Authorities.

 

In May 2018 the Council delegated to the JHOSC the statutory power to refer to the Secretary of State proposals for substantial development or variations to health services in respect of cross borough matters being considered by the Committee. However, it has subsequently become clear that most of the other participants in the JHOSC have not similarly delegated this function. Croydon, Merton, Sutton and Wandsworth have retained their individual power of referral. Surrey County Council initially delegated powers to the JHOSC but is now considering repatriating them.

 

Given that there is this no practical benefit in leaving this power vested in the JHOSC because it cannot be exercised on this basis, and that it is highly unlikely that the proposals being put forward in respect of the IHT programme will have a significant impact on the residents of this Borough, it is proposed that the Council now resolves to rescind the earlier decision to delegate to the JHOSC its powers of referral to the Secretary of State. This would not preclude the subsequent delegation of the power of referral to the JHOSC in respect of any future proposals for substantial development or variations to health services to the Secretary of State where it may be appropriate to do so.

 

Nothing in this report affects the power of referral in respect of all matters outside the remit of the JHOSC (principally those where the impact of any reconfiguration is restricted solely to Kingston). This has always been retained by Kingston’s Health Overview Panel and will continue to do so.

 

The Council is RECOMMENDED to resolve that its delegation to the Joint Health Overview and Scrutiny Committee of the power of referral to the Secretary of State in respect of matters being considered by that Committee, be rescinded and the powers repatriated to the Royal Borough of Kingston to be exercised by the Health Overview Panel.

 

Minutes:

The Council reviewed a previous decision to delegate to the South West London and Surrey Joint Health Overview and Scrutiny Committee (JHOSC) the power of referral to the Secretary of State.

 

It was noted that the JHOSC had responsibility for responding to consultations on substantial service change affecting multiple boroughs across the area. It was concerned with consideration of the Epsom and St Helier NHS Trust’s programme “Improving Healthcare together 2020-2030” through a Sub-Committee of the constituent Authorities.

 

In May 2018 the Council delegated to the JHOSC the statutory power to refer to the Secretary of State proposals for substantial development or variations to health services in respect of cross borough matters being considered by the Committee. However, it had subsequently become clear that most of the other participants in the JHOSC had not similarly delegated this function. Croydon, Merton, Sutton and Wandsworth had retained their individual power of referral. Surrey County Council initially delegated powers to the JHOSC but has now considered repatriating them.

 

Members considered that as there was no practical benefit in leaving this power vested in the JHOSC because it cannot be exercised on this basis, and that it was highly unlikely that the proposals being put forward in respect of the IHT programme would have a significant impact on the residents of this Borough, it was proposed that the Council rescind the earlier decision to delegate to the JHOSC its powers of referral to the Secretary of State.

 

Resolved that the Council’s delegation to the Joint Health Overview and Scrutiny Committee of the power of referral to the Secretary of State in respect of matters being considered by that Committee, be rescinded and the powers repatriated to the Royal Borough of Kingston and to be exercised by the Health Overview Panel.

 

Voting: Unanimous

36.

Appointments of Members to Committees, Panels and other bodies pdf icon PDF 32 KB

The Council is RECOMMENDED to make any appointments of Members to Committees, Panels and other bodies.

 

Minutes:

Members considered the appointments to Committees panels and other bodies as set out in the late material.

 

Resolved that all members of the Conservative Group to be appointed as Substitute Members for all Committees of the Council except for the Health & Wellbeing Board where it will be all members of the Conservative Group not on the Health Overview Panel.

 

Voting: Unanimous

37.

Urgent Items authorised by the Mayor

 

 

To consider any items which, in the view of the Mayor, should be dealt with as a matter of urgency because of special circumstances in accordance with S100B(4) of the Local Government Act 1972.

 

 

 

 

Background Papers  held by Democratic Support 020 8547 5023

 

  • Relevant Committee Agendas.

Minutes:

There were no urgent items.

38.

Exclusion of the Press and Public

The following resolution is included as a standard item which will only be relevant if any exempt matter is to be considered at the meeting for which the Committee wish to resolve to exclude the press and public:

 

To exclude the public from the meeting under Section 100(A)(4) of the Local Government Act 1972 on the grounds that it is likely that exempt information, as defined in paragraph *….of Part I of Schedule 12A to the Act, would be disclosed and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

(*relevant regulatory paragraph to be indicated)