Agenda and minutes

Apologies for absence were received from Councillors M McDermid and M Thurgood.

The minutes of the meeting held on 16^th September 2014 were approved and signed as a correct record.

(Moved by Councillor D Cook and seconded by Councillor R Pritchard)

To receive any declarations of Members’ interests (pecuniary and non-pecuniary) in any matters which are to be considered at this meeting.

When Members are declaring a pecuniary or non-pecuniary interest in respect of which they have dispensation, they should specify the nature of such interest.  Members should leave the room if they have a pecuniary or non-pecuniary interest in respect of which they do not have a dispensation. 

There were no Declarations of Interest.

Announcement by the Mayor

I’d like to welcome Sandeep Kang from Bevan Brittan Solicitor’s in Birmingham to tonight’s Council meeting. She is spending two days at the Council to see Local Government in action.

Announcement by Councillor S Peaple

During the debate on the Petition at the Council meeting on 16 September I referred to, amongst other matters, the role of the Borough Solicitor. I want to apologise to her as she was offended by my comments. I wish to place on record that I never intended to offend her personally but I understand that my comments upset her and gave her cause for concern. Since I hold the officer in high regard I want to make it clear that I was not suggesting that the Solicitor to the Council was practising contrary to her ethical code of conduct. The competence, impartiality and professionalism of the Borough Solicitor is not in doubt and for my part never has been.

Announcement by Councillor J Faulkner

I’d like to draw attention to the presence of a former Councillor Stanley Turner who is in the Chamber with us tonight. He was a Member of Tamworth and Birmingham Council and received a merit award at the Labour Party Conference for long and dedicated service to the Labour Party. He has been a member of the Labour Party for 72 years. For my part I’d like to wish Stan and his wife all the best for the future and thank him for all that he has done for the Labour Party, this Council and Birmingham City Council.

Announcement by the Mayor

Tonight in the audience we have our Independent Persons Stan Orton and Paul Darby. Gentleman thank you very much for attending.

(i)                 To answer questions from members of the public pursuant to Procedure Rule No. 10.

(ii)               To answer questions from members of the Council pursuant to Procedure Rule No. 11

QUESTIONS FROM MEMBERS OF THE PUBLIC                NO.1

Under Procedure Rule No 10, Mr R Bilcliff, asked the Leader of the Council, Councillor D Cook, the following question:-

"Has the Council included the Community Infrastructure Levy (CIL) in the calculations with developers, during the viability and sustainability studies for the Local Plan?"

Councillor D Cook gave the following reply:

Thank you Mr Mayor

And thank you Mr Bilcliff,

The National Planning Policy Framework and Planning Guidance Local Authorities to pay careful attention to viability and costs in the production of Local Plans. This means that policies and requirements placed upon development should not threaten the viability of development. Paragraph 175 is specific to the Community Infrastructure Levy and advises “where practical” that levy charges should be worked up and attested at the same time as Local Plan preparation.

The Council agrees that this is a practical and sensible approach that will help to create the right environment for new sustainable development to take place.

At the start of 2014 the Council issued a report (Whole Plan Viability, Affordable Housing and CIL Study) which considered; Local Plan viability, affordable housing policy and setting a CIL charging schedules. These three areas of the assessment used the same evidence base, which carried out at the same time and potential rates and costs for one matter informed the others. This report is available on the Council’s website and has informed: the draft Local Plan which is before us this evening – which was consulted on from March – April 2014, the pre-submission Local Plan will start consultation later this month (subject to Council approval this evening) and a Preliminary Draft CIL Charging Schedule, which is due to go to Cabinet later this month with Councillor Claymore.

This report was prepared using the recognised guidance – “Viability Testing Local Plans – advice for planning practitioners” which was produced by the Local Housing Delivery Group chaired by Sir John Harman in June 2012. This report is clear that the right balance must be struck between ensuring the delivery of development and is not put at risk, but also ensure that standards and polices are to allow that sustainable development is not possible.

In setting the draft rates we consulted with;

Landowners

Developers

Independent consultants

The draft rates will be subject to public consultation. The next step is a report to Cabinet which is due in November.

In setting the rates we have balanced the need for a viable CIL against Affordable housing to ensure that we do not threaten the delivery of either.

Supplementary Question

Can I ask, as there is a fixed criteria to the proportion of the CIL that is actually paid to the neighbourhood who are accepting this development, can the Leader confirm that there is a neighbourhood plan in place and that they will receive 25% of that levy?     

Councillor D Cook gave the following reply:

I’m afraid I don’t have the information to hand Mr  ...  view the full minutes text for item 31.

(Report of the Portfolio Holder for Economy and Education)

The Report of the Portfolio Holder for Economy and Education updating Members on the draft Local Plan and subject to the amendments the report seeking approval from Council to publish the pre-submission Local Plan for consultation, and seeking authorisation for officers in consultation with the Portfolio Holder Economy and Education to make minor amendments prior to submitting it to the Secretary of State was considered.

This report also seeks Member approval of the revised Local Development Scheme.  This is a public statement of the programme for the production of local development documents over the next three years, under the Planning and Compulsory Purchase Act 2004.

Councillor S Peaple moved an amendment:

That the allocation of housing development to the site known as “the Tamworth Golf Course” in Amington be deleted and added to the number of houses which Tamworth Borough Council cannot meet from within it’s own boundaries. That the Council add a note to the plan inviting applications to develop housing on brownfield sites within the borough. This was seconded by Councillor P Standen.

Following a named vote, this was not carried.

Named vote for amendment

(Revised list of Outside Bodies following the annual review)

The revised list of Outside Bodies following the annual review was received.

(Moved by Councillor D Cook and seconded by Councillor S Peaple)