BOLSOVER DISTRICT COUNCIL
Minutes of a meeting of the Bolsover District Council held in the Council Chamber,
Sherwood Lodge, Bolsover, on Wednesday, 11th August, 2010 at 1000 hours.
PRESENT:Members:Councillor R. Turner in the Chair
Councillors J.E. Bennett, R.J. Bowler, K. Bowman, Mrs. P.M. Bowmer, D.S. Brindley,
R. Brooks, T.J. Connerton, T. Cook, M. Dooley, R.A. Heffer, B.W. Hendry,
P.R. Hendry, A.J. Hodkin, D. Kelly, D.McGregor, V.P. Mills, J. Morley, B.R. MurrayCarr, S. Peake, J.J.P. Phelan, T. Rodda, J.E. Smith, A.F. Tomlinson, K.F. Walker,
H. Ward, E. Watts and G.O. Webster
Officers:W. Lumley (Chief Executive Officer). J. Fieldsend (Principal Solicitor), J. Brooks
(Director of Resources), K. Whittingham (Head of Democratic Services)(Minute No.
243 to No. 253), L. Cheong (Equalities Improvement Officer) (Minute No. 251 to
253), J. Wilmot (Enforcement Officer)(from Minute No. 252), J. Arnold (Head of
Planning and Environmental Health)(from Minute No. 252) and A. Saxby (Assistant
Democratic Services Manager)
K. Hopkinson – Director of Development
M. Chambers – Derbyshire Primary Care Trust
The Chair welcomed Kevin Hopkinson the new Director of Development who would
be joining the Authority shortly.
243.
APOLOGIES
Apologies for absence were submitted on behalf of Councillors J.A. Clifton,
M.G. Crane, H.J. Gilmour, R. Holmes, .B. Huddless, A.M. Syrett, S. Wallis and
A. Waring
244.
URGENT ITEMS OF BUSINESS
There were no urgent items of business.
146
BOLSOVER DISTRICT COUNCIL
245.
DECLARATIONS OF INTEREST
Min. No.
Member
Level of Interest
248
E. Watts
Personal
246.
QUARTERLY REPORTS
There were no quarterly reports.
247.
COUNCIL MINUTES
(1)
Special Council – 23rd June, 2010
Moved by Councillor R. Turner, seconded by Councillor M. Dooley
RESOLVED that the minutes of the special meeting held on 23rd June, 2010 be
approved as a true and correct record.
(2) Council – 14th July, 2010
Moved by Councillor R. Turner, seconded by Councillor M. Dooley
RESOLVED that the minutes of the meeting held on 14th July, 2010 be approved as
a true and correct record.
248.
(1)
(2)
(3)
(4)
(5)
EXECUTIVE/COMMITTEE MINUTES CONTAINED IN THE MINUTE BOOK
– 11th AUGUST, 2010
Planning Committee – 23rd June, 2010
Improvement Scrutiny Committee – 28th June, 2010
Safe and Inclusive Scrutiny Committee – 29th June, 2010
Audit Committee – 30th June, 2010
Executive – 5th July, 2010
Councillor Walker enquired about Minute No. 136 – whether there was a timescale
on the sale of land at Bolsover. Councillor Walker was advised that no timescale
had been set.
Councillor Bowman asked about Minute No. 153(1) – Chairman’s Communication
enquiring whether a letter had been sent to both the Chancellor of the Exchequer
and the Member of Parliament for Bolsover. Councillor Bowman was advised that
the Chair had signed both letters and these had been forwarded.
147
BOLSOVER DISTRICT COUNCIL
Moved by Councillor E. Watts, seconded by Councillor A.F. Tomlinson
RESOLVED that the Executive/Committee minutes as reproduced in the Council
Minute Book dated 11th August, 2010 be received, subject to the
inclusion of Councillor T. Cook being recorded as in attendance at
Planning Committee on 23rd June, 2010.
249.
CHANGES TO COMMITTEE MEMBERSHIP
Members were advised that a request had been received from Councillor
R. Heffer to change from Sustainable Scrutiny Committee to Improvement Scrutiny
Committee due to work commitments.
Moved by Councillor R. Bowler, seconded by Councillor H. Ward
RESOLVED that (1) Councillor R. Heffer change from Sustainable Scrutiny to
Improvement Scrutiny Committee,
(2) Councillor G. Webster change from Improvement Scrutiny to
Sustainable Scrutiny Committee.
(Head of Democratic Services)
250.
PRESENTATION – DERBYSHIRE PCT
A presentation on the Derbyshire Primary Care Trust – Derbyshire’s Joint Strategic
Needs was given by Mandy Chambers, Head of Health Improvements.
A copy of the presentation was circulated to Members.
Members were advised that the Director of Adult Social Care, Directors of Children’s
Services and Directors of Public Health had a statutory duty to conduct a Joint
Strategic Needs Analysis (JSNA).
The presentation analysed the health and wellbeing needs of the people who live in
Derbyshire and illustrated the health and social care issues now, in three to five
years and ten to fifteen years from now.
The Key Topics for 2009 were Alcohol, Carers, Children in Care, Learning
Disabilities and People with completed health and social care needs. More
information was available on the JSNA website.
148
BOLSOVER DISTRICT COUNCIL
Each of the Key Topics contained details of recommendations or a summary and
conclusions on the progress made.
Members asked a number of questions relating to what would be happening with the
PCT, who would be running the PCT, how many care homes would be closed in the
area and voiced their concerns as these services were accessed by needy people in
the District.
Members were advised that there are a number of new websites available showing
the priorities for 2010 for JSNA.
An additional booklet on ‘Derbyshire’s Joint Strategic Needs Assessment and
Director of Public Health’s Annual Report 2009 were available if Members required a
copy.
The Chair and Members thanked Mandy for her presentation to the meeting.
The Head of Health and Improvements left the meeting.
The Equalities and Improvement Officer entered the meeting.
251.
MEMBER DEVELOPMENT POLICY & STRATEGY
The Head of Democratic Services advised Members that the Council had included in
its Corporate Plan a target of attainment of the Councillor Development Charter by
December 2010.
The Member Development Policy and Strategy documents had been considered and
was supported by the Council’s Member Development Working Group and was
submitted to Council for approval and adoption. The Head of Democratic Services
advised that the processes outlined in the policy and strategy had been taking place
for many years.
The Head of Democratic Services thanked Members of the Member Development
Working Group for their assistance and input into producing this document and fine
tuning the processes.
Members were advised that there was some ICT Security Training taking place at
the conclusion of this Council meeting. This training was mandatory.
Moved by Councillor A.J. Hodkin, seconded by Councillor K. Bowman
RESOLVED that the Member Development Policy and Strategy be approved and
adopted.
(Head of Democratic Services)
149
BOLSOVER DISTRICT COUNCIL
The Head of Planning and Environmental Health and the Enforcement Officer
entered the meeting.
252.
DISABILITY EQUALITY SCHEME 2010/2011
The Equality Improvement Officer submitted the Disability Equality Scheme 20102011 for approval and adoption.
Members were advised that the existing anti-discrimination law had been
consolidated into one single Equality Act 2010. The protected characteristics are:age, disability, gender, race, sexual orientation, religion or belief, gender
reassignment, marriage and civil partnerships and pregnancy and maternity.
To meet the new general duty when the Act comes into force in 2010, the Council
would need to demonstrate due regard to eliminate discrimination, harassment,
victimisation and other prohibited conduct to advance equality of opportunity and
foster good relations between different groups.
Members were advised that a few minor amendments had been made and the
correct version would be available on the website.
Moved by Councillor J.E. Bennett, seconded by Councillor K. Bowman
RESOLVED that the Disability Equality Scheme 2010 -2011 be approved and
adopted, in compliance with its statutory responsibilities.
(Head of Customer Service & Performance)
253.
CHAIRMAN’S COMMUNICATION
There were no Chairman’s Communications.
The Head of Democratic Services and the Equalities Improvement Officer left the
meeting.
254.
THE LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985
Moved by Councillor D. McGregor, seconded by Councillor E. Watts
RESOLVED that under Section 100(A)(4) of the Local Government Act 1972 (as
amended), the public be excluded from the meeting for the following
item of business on the grounds that it may involve the likely disclosure
of exempt information as defined in the stated Paragraph of Part 1 of
Schedule 12A of the Act and it is not in the public interest for that to be
revealed.
150
BOLSOVER DISTRICT COUNCIL
255.
LAND AND BUILDINGS IN AN UNTIDY CONDITION
THE GARAGES, SPRING STREET, WHITWELL
REF. 03/00347/UNTIDY
EXEMPT – PARAGRAPH 3
The Planning Enforcement Officer advised Members that the site comprised of a
former service station and lock up garages with a workshop and residential
accommodation. It was located in the centre of the village and on the edge of the
conservation area.
A complaint had been received in December 2003 about the condition of the land.
An investigation was carried out and the owners were requested to carry out works
to improve the condition of the land. As no improvements had taken place a Notice
was served under Section 215 of the Town and Country Planning Act 1990 on the
24th June 2004. The owner did not appeal against the requirements of the notice
and it became effective on 25th July 2004. The Notice required various works to be
carried out by 25th November, 2004.
As the owner did not comply with the requirements of the notice on 23rd June 2010
Planning Committee resolved that the works be carried out in default and
subsequent steps needed to secure reimbursement of the costs of works undertaken
under Section 219 of the Town and Country Planning Act 1990 to secure compliance
with a Notice previously served by the Council under Section 215 of the Act at The
Garages, Spring Street, Whitwell and a report be submitted to Executive for approval
following further decisions it was agreed that this item be submitted to Council.
Councillor Murray-Carr stated that this matter had been going on for some length of
time and wished to thank the staff involved in both the planning and legal
departments.
Moved by Councillor D. Kelly, seconded by Councillor B.R. Murray-Carr
RESOLVED that the expenditure of up to £50,000 for carrying out works in default,
be funded from reserves, and subsequent steps needed to secure
reimbursement of costs of work under Section 219 of the Town and
Country Planning Act 1990, to secure compliance with a Notice
previously served by the Council under Section 215 of the Act at the
Garages, Spring Street, Whitwell S80 4RT be approved.
(Head of Planning and Environmental Health)
The meeting concluded at 1135 hours
151
BOLSOVER DISTRICT COUNCIL
Minutes of a meeting of the Bolsover District Council held in the Council Chamber,
Sherwood Lodge, Bolsover, on Wednesday, 11th August, 2010 at 1000 hours.
PRESENT:Members:Councillor R. Turner in the Chair
Councillors J.E. Bennett, R.J. Bowler, K. Bowman, Mrs. P.M. Bowmer, D.S. Brindley,
R. Brooks, T.J. Connerton, T. Cook, M. Dooley, R.A. Heffer, B.W. Hendry,
P.R. Hendry, A.J. Hodkin, D. Kelly, D.McGregor, V.P. Mills, J. Morley, B.R. MurrayCarr, S. Peake, J.J.P. Phelan, T. Rodda, J.E. Smith, A.F. Tomlinson, K.F. Walker,
H. Ward, E. Watts and G.O. Webster
Officers:W. Lumley (Chief Executive Officer). J. Fieldsend (Principal Solicitor), J. Brooks
(Director of Resources), K. Whittingham (Head of Democratic Services)(Minute No.
243 to No. 253), L. Cheong (Equalities Improvement Officer) (Minute No. 251 to
253), J. Wilmot (Enforcement Officer)(from Minute No. 252), J. Arnold (Head of
Planning and Environmental Health)(from Minute No. 252) and A. Saxby (Assistant
Democratic Services Manager)
K. Hopkinson – Director of Development
M. Chambers – Derbyshire Primary Care Trust
The Chair welcomed Kevin Hopkinson the new Director of Development who would
be joining the Authority shortly.
243.
APOLOGIES
Apologies for absence were submitted on behalf of Councillors J.A. Clifton,
M.G. Crane, H.J. Gilmour, R. Holmes, .B. Huddless, A.M. Syrett, S. Wallis and
A. Waring
244.
URGENT ITEMS OF BUSINESS
There were no urgent items of business.
146
BOLSOVER DISTRICT COUNCIL
245.
DECLARATIONS OF INTEREST
Min. No.
Member
Level of Interest
248
E. Watts
Personal
246.
QUARTERLY REPORTS
There were no quarterly reports.
247.
COUNCIL MINUTES
(1)
Special Council – 23rd June, 2010
Moved by Councillor R. Turner, seconded by Councillor M. Dooley
RESOLVED that the minutes of the special meeting held on 23rd June, 2010 be
approved as a true and correct record.
(2) Council – 14th July, 2010
Moved by Councillor R. Turner, seconded by Councillor M. Dooley
RESOLVED that the minutes of the meeting held on 14th July, 2010 be approved as
a true and correct record.
248.
(1)
(2)
(3)
(4)
(5)
EXECUTIVE/COMMITTEE MINUTES CONTAINED IN THE MINUTE BOOK
– 11th AUGUST, 2010
Planning Committee – 23rd June, 2010
Improvement Scrutiny Committee – 28th June, 2010
Safe and Inclusive Scrutiny Committee – 29th June, 2010
Audit Committee – 30th June, 2010
Executive – 5th July, 2010
Councillor Walker enquired about Minute No. 136 – whether there was a timescale
on the sale of land at Bolsover. Councillor Walker was advised that no timescale
had been set.
Councillor Bowman asked about Minute No. 153(1) – Chairman’s Communication
enquiring whether a letter had been sent to both the Chancellor of the Exchequer
and the Member of Parliament for Bolsover. Councillor Bowman was advised that
the Chair had signed both letters and these had been forwarded.
147
BOLSOVER DISTRICT COUNCIL
Moved by Councillor E. Watts, seconded by Councillor A.F. Tomlinson
RESOLVED that the Executive/Committee minutes as reproduced in the Council
Minute Book dated 11th August, 2010 be received, subject to the
inclusion of Councillor T. Cook being recorded as in attendance at
Planning Committee on 23rd June, 2010.
249.
CHANGES TO COMMITTEE MEMBERSHIP
Members were advised that a request had been received from Councillor
R. Heffer to change from Sustainable Scrutiny Committee to Improvement Scrutiny
Committee due to work commitments.
Moved by Councillor R. Bowler, seconded by Councillor H. Ward
RESOLVED that (1) Councillor R. Heffer change from Sustainable Scrutiny to
Improvement Scrutiny Committee,
(2) Councillor G. Webster change from Improvement Scrutiny to
Sustainable Scrutiny Committee.
(Head of Democratic Services)
250.
PRESENTATION – DERBYSHIRE PCT
A presentation on the Derbyshire Primary Care Trust – Derbyshire’s Joint Strategic
Needs was given by Mandy Chambers, Head of Health Improvements.
A copy of the presentation was circulated to Members.
Members were advised that the Director of Adult Social Care, Directors of Children’s
Services and Directors of Public Health had a statutory duty to conduct a Joint
Strategic Needs Analysis (JSNA).
The presentation analysed the health and wellbeing needs of the people who live in
Derbyshire and illustrated the health and social care issues now, in three to five
years and ten to fifteen years from now.
The Key Topics for 2009 were Alcohol, Carers, Children in Care, Learning
Disabilities and People with completed health and social care needs. More
information was available on the JSNA website.
148
BOLSOVER DISTRICT COUNCIL
Each of the Key Topics contained details of recommendations or a summary and
conclusions on the progress made.
Members asked a number of questions relating to what would be happening with the
PCT, who would be running the PCT, how many care homes would be closed in the
area and voiced their concerns as these services were accessed by needy people in
the District.
Members were advised that there are a number of new websites available showing
the priorities for 2010 for JSNA.
An additional booklet on ‘Derbyshire’s Joint Strategic Needs Assessment and
Director of Public Health’s Annual Report 2009 were available if Members required a
copy.
The Chair and Members thanked Mandy for her presentation to the meeting.
The Head of Health and Improvements left the meeting.
The Equalities and Improvement Officer entered the meeting.
251.
MEMBER DEVELOPMENT POLICY & STRATEGY
The Head of Democratic Services advised Members that the Council had included in
its Corporate Plan a target of attainment of the Councillor Development Charter by
December 2010.
The Member Development Policy and Strategy documents had been considered and
was supported by the Council’s Member Development Working Group and was
submitted to Council for approval and adoption. The Head of Democratic Services
advised that the processes outlined in the policy and strategy had been taking place
for many years.
The Head of Democratic Services thanked Members of the Member Development
Working Group for their assistance and input into producing this document and fine
tuning the processes.
Members were advised that there was some ICT Security Training taking place at
the conclusion of this Council meeting. This training was mandatory.
Moved by Councillor A.J. Hodkin, seconded by Councillor K. Bowman
RESOLVED that the Member Development Policy and Strategy be approved and
adopted.
(Head of Democratic Services)
149
BOLSOVER DISTRICT COUNCIL
The Head of Planning and Environmental Health and the Enforcement Officer
entered the meeting.
252.
DISABILITY EQUALITY SCHEME 2010/2011
The Equality Improvement Officer submitted the Disability Equality Scheme 20102011 for approval and adoption.
Members were advised that the existing anti-discrimination law had been
consolidated into one single Equality Act 2010. The protected characteristics are:age, disability, gender, race, sexual orientation, religion or belief, gender
reassignment, marriage and civil partnerships and pregnancy and maternity.
To meet the new general duty when the Act comes into force in 2010, the Council
would need to demonstrate due regard to eliminate discrimination, harassment,
victimisation and other prohibited conduct to advance equality of opportunity and
foster good relations between different groups.
Members were advised that a few minor amendments had been made and the
correct version would be available on the website.
Moved by Councillor J.E. Bennett, seconded by Councillor K. Bowman
RESOLVED that the Disability Equality Scheme 2010 -2011 be approved and
adopted, in compliance with its statutory responsibilities.
(Head of Customer Service & Performance)
253.
CHAIRMAN’S COMMUNICATION
There were no Chairman’s Communications.
The Head of Democratic Services and the Equalities Improvement Officer left the
meeting.
254.
THE LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985
Moved by Councillor D. McGregor, seconded by Councillor E. Watts
RESOLVED that under Section 100(A)(4) of the Local Government Act 1972 (as
amended), the public be excluded from the meeting for the following
item of business on the grounds that it may involve the likely disclosure
of exempt information as defined in the stated Paragraph of Part 1 of
Schedule 12A of the Act and it is not in the public interest for that to be
revealed.
150
BOLSOVER DISTRICT COUNCIL
255.
LAND AND BUILDINGS IN AN UNTIDY CONDITION
THE GARAGES, SPRING STREET, WHITWELL
REF. 03/00347/UNTIDY
EXEMPT – PARAGRAPH 3
The Planning Enforcement Officer advised Members that the site comprised of a
former service station and lock up garages with a workshop and residential
accommodation. It was located in the centre of the village and on the edge of the
conservation area.
A complaint had been received in December 2003 about the condition of the land.
An investigation was carried out and the owners were requested to carry out works
to improve the condition of the land. As no improvements had taken place a Notice
was served under Section 215 of the Town and Country Planning Act 1990 on the
24th June 2004. The owner did not appeal against the requirements of the notice
and it became effective on 25th July 2004. The Notice required various works to be
carried out by 25th November, 2004.
As the owner did not comply with the requirements of the notice on 23rd June 2010
Planning Committee resolved that the works be carried out in default and
subsequent steps needed to secure reimbursement of the costs of works undertaken
under Section 219 of the Town and Country Planning Act 1990 to secure compliance
with a Notice previously served by the Council under Section 215 of the Act at The
Garages, Spring Street, Whitwell and a report be submitted to Executive for approval
following further decisions it was agreed that this item be submitted to Council.
Councillor Murray-Carr stated that this matter had been going on for some length of
time and wished to thank the staff involved in both the planning and legal
departments.
Moved by Councillor D. Kelly, seconded by Councillor B.R. Murray-Carr
RESOLVED that the expenditure of up to £50,000 for carrying out works in default,
be funded from reserves, and subsequent steps needed to secure
reimbursement of costs of work under Section 219 of the Town and
Country Planning Act 1990, to secure compliance with a Notice
previously served by the Council under Section 215 of the Act at the
Garages, Spring Street, Whitwell S80 4RT be approved.
(Head of Planning and Environmental Health)
The meeting concluded at 1135 hours
151