Agenda and minutes

To sign the Minutes of the Full and Extraordinary Council meetings held on 20 July 2023.

RESOLVED that the Minutes of the Extraordinary and Full Council meetings held on 20 July 2023 be approved as a correct record and signed.

To receive any apologies for absence.

Apologies for absence were received from Councillors Bray, Chandler, Cooper, Green, Harper, Harrison, (James) King, Parnall, Proudfoot, Sinden, Stevens and Torra.

To receive any declarations of interest.

There were none.

To consider any urgent business.

There was none.

To receive and consider a Petition regarding the re-opening of public conveniences in Reigate and Banstead Borough parks.

The Lead Petitioner, Ms Rachel Wood, addressed Council:

·         The petition called on the Council to make toilet provision available in Lady Neville Recreation Ground, Banstead Priory Park and Memorial Park. For those to be cleaned regularly and include baby change facilities and disabled access.

·         A total of 568 signatories to the petition were received along with countless messages of support including those that detailed how the park was being used by members of the public to relieve themselves due to the lack of toilet facilities.

·         The temporary toilets in Memorial and Priory Parks were acknowledged although photographs showed that they were overflowing.

·         Toilet facilities remained unavailable in Lady Neville rec with the Council’s suggestion of walking 10 minutes to the nearest toilet not feasible for small children and those with disabilities or medical conditions.

·         The Council’s reliance on private leases of park cafes was not an acceptable solution to the provision of public toilets. It was noted that the Council’s use of short-term leases had made it impossible for cafes to remain open previously when the cost of living started to increase. Called for the provision of toilets to be separate from the provision of cafes to enable greater participation in the Borough’s parks which would boost the local economy.

·         Whilst there was no statutory obligation for Councils to provide public toilets, Section 1 of the Localism Act 2011, gave local authorities a general power to source innovative solutions to meet the needs of the community.

·         It was suggested funding proper partitions of toilets in park cafes so that these could remain open when the cafes were closed or alternatively turning park cafes into community hubs.

Councillor (Andrew) King, the Portfolio Holder for Commercial & Community Assets, gave the response on behalf of the Executive:

·         Thanks were given to the lead petitioner, Ms Rachel Wood, and other residents for their engagement through the petition.

·         The call for the Council to open public toilets in Redhill Memorial Park and Lady Neville parks was rejected where these would be provided by privately leased cafes during trading hours.

·         The provision at Priory Park would be operated by the Council.

·         Horley recreation ground was operated by Horley Town Council and therefore was not part of the remit of Reigate & Banstead Borough Council.

·         Temporary toilet provision was in place in Memorial and Priory Parks from late June 2023 onwards and would remain in place until the new tenants were in occupation. The costs of the provision were significant and were being offset by the income from the temporary mobile catering provision.

·         Letting of the tenancies was progressing. All three park cafes had their heads of terms agreed and draft leases issued which would be subject to legal review. Programme plans were to be formulated.

·         Against a backdrop of high energy costs and the difficulties of the hospitality sector, the Council had achieved a solid financial outcome from re-letting the park cafes which would also provide ongoing toilet facilities for residents over the longer-term.

Three Members had  ...  view the full minutes text for item 28.

To consider any questions received from Members of the Council under Council Procedure Rule 2.15.

Fourteen questions with notice were received from Members of the Council. One was from a Member who provided their apologies to the meeting and therefore were to receive a written response. One was additional. Oral responses were therefore received at the meeting to twelve questions with written responses provided to two questions in accordance with Procedure Rule 2.15.8.

Note: For more information on the response to Council questions, please see the following page on the Council’s website:

https://reigate-banstead.moderngov.co.uk/ecCatDisplay.aspx?sch=doc&cat=13260

To receive and consider the recommendations of the Council’s Executive, Committees and Sub-Committees for decision, including:

The meeting of the Employment Committee held on 12 September 2023:

Organisational Development and Human Resources Staffing Update.

The minute of the Employment Committee’s consideration of the item is to follow. Related Committee agenda, reports and minutes are available here.

Councillor Lewanski, the Deputy Leader, Executive Member for Finance, Governance and Organisation, and Chair of the Employment Committee introduced the recommendations to Council noting the requirement in the Localism Act 2011 that Council approve an officer’s exit costs where these were over £100,000. It was noted that these costs comprised gross statutory and contractual entitlements including redundancy pay and pay in-lieu of notice, annual leave and accrued time off. There were no discretionary payment being made.

RESOLVED: to agree that:

1.            The employment of the Officer referenced in Annex 1 ends by redundancy (dismissal) on 22 September 2023 with notice to dismiss given on this date and employment terminated on this same date; and

2.            Delegated authority to approve the final payment, when employer pension costs are confirmed, be granted to the Managing Director (Head of Paid Service) and Chief Finance Officer (Section 151 Officer) in consultation with the Deputy Leader and Executive Member for Finance, Governance and Organisation.

The meeting of the Executive held on 14 September 2023:

Prudential and Treasury Management Indicators and the Annual Treasury Management Outturn Report for 2022/23.

The minute of the Executive’s consideration of the item is to follow. Related Committee agenda, reports and minutes are available here.

RESOLVED: to approve the Prudential and Treasury Management Indicators and the annual Treasury Outturn Report.

To receive any statement from the Leader of the Council, Members of the Executive, Chairmen of Committees or the Managing Director.

There were none.

The following motions have been submitted:

To be proposed by Councillor McKenna and seconded by Councillor Essex.

The Motion on Affordable Housing was proposed by Councillor McKenna:

·         It was being requested that the Council take action to meet the growing need for affordable housing which was not being met by the planning system and was contributing towards rising house prices.

·         There were no active plans to spend the £30 million allocated in reserves for affordable housing. This excluded any Section 106 monies received from developers for affordable housing.

·         Called for an affordable housing delivery plan. This should include proposals for how publicly owned land could be used, possibly in partnership with others.

The motion was seconded by Councillor Essex who asked for what reason the motion was being referred to the Executive.

In accordance with Procedure Rule 2.17.3, the Mayor gave notice that the motion was going to be referred to the Executive for consideration, without any further debate taking place at the meeting. In response to Councillor Essex, the Mayor clarified that the Council’s Constitution did not require that an explanation be given as to why the Motion was being referred to the Executive. However, it was explained that this was due to housing being a function of the Executive.

To be proposed by Councillor Khan and seconded by Councillor McKenna.

The motion on an Article 4 Direction for Local Centres in Reigate and Banstead was proposed by Councillor Khan:

·         The Council had made a Member endorsed response to the Department for Levelling Up, Housing and Communities which objected to the expansion of Permitted Development Rights as these were undermining economic and employment opportunities and the ability of local communities to shape the places they use and in which they live.

·         Other Councils were applying an Article 4 Direction on their town centres to prohibit Permitted Development Rights, in affect removing the prior approval and requiring Planning approval.

·         A lack of an Article 4 Direction in Reigate & Banstead meant that local shopping centres were at risk throughout the Borough.

·         Called on the Council to go further and faster in order to specifically save the shopping parade in Merstham.

The motion was seconded by Councillor McKenna:

·         Called on local centres to be protected for the benefit of the social economic health of the Borough and for a clear message to be sent that the Council was against the expansion of Permitted Development Rights.

·         Highlighted the potential negative impact on environmental sustainability by forcing further journeys to out-of-town shopping centres.

In accordance with Procedure Rule 2.17.3, the Mayor gave notice that it was convenient and conducive to the conduct of business to allow the Motion to be addressed at the meeting. 

Councillor Michalowski, the Executive Member for Place, Planning and Regulatory Services responded to the Motion on behalf of the Executive:

·         Confirmed that the Council had consistently objected to the expansion of Permitted Development Rights which removed the authority’s control of valued commercial units.

·         Assurances had already been given that an Article 4 Direction would be considered to provide protection to the Borough’s shops and local centres.

·         However, an Article 4 Direction was not easily approved by the Secretary of State. It had therefore been advised to carefully consider the outcomes of a retail needs assessment to provide the evidence needed to justify taking this approach.

·         Applying an Article 4 Direction without sufficient justification would not be value for money for residents. This was demonstrated by the fact that only a handful of local authorities had been successful in securing an Article 4 Direction, with none having been secured previously in Surrey.

·         Procurement of a retail needs assessment had commenced as part of the development of the new Local Plan. It was intended to pursue an Article 4 Direction to add protection to the Borough’s local and town centres.

One Member, Councillor Kelly, had registered to speak on the Motion:

·         Recalled a local array of shops which had been slowly removed over the years. Although it was noted that landlords were acting lawfully.

·         Called on Members to support the Motion.

In accordance with Procedure Rule 2.19.22, Councillor Biggs, the Leader of the Council, was given the opportunity to respond to the Motion:

·         The Council would continue to refute Planning rules from Central Government that it thought not suitable.

·         Officers were thanked for their  ...  view the full minutes text for item 32b

In accordance with the Local Government Act 2000, and the Local Authorities (Members’ Allowances) (England) Regulations 2003, the Council is required to appoint an Independent Remuneration Panel (IRP) to report and make recommendations on Members’ Allowances.

The Managing Director introduced the item, informing Council that it was a requirement that an Independent Renumeration Panel be appointed.

Councillor Lewanski proposed and Councillor Biggs seconded the motion to appoint the members of the panel.

RESOLVED: to appoint Mr John Thompson MBE, Mrs Margaret Waller and Mrs Carmel Briody to the Independent Review Panel in accordance with the Local Government Act 2003 and the Local Authorities (Members Allowances) (England) Regulations 2003 to report and make recommendations on Members’ Allowances.

For Council to consider changing the Constitution to allow Executive Members to sit on the Planning Committee.

Councillor Michalowski moved the motion to allow Executive Members to sit on the Planning Committee. It was noted that the proposed update to the Constitution struck a balance between managing conflicts of interest proportionately and enabling a greater freedom for the allocation of seats to committees.

Councillor Walsh seconded the motion.

RESOLVED: That the constitution be amended to allow Executive Members to sit on the Planning Committee, excluding –

(i.)          The Leader of the Council;

(ii.)         The Executive Member with responsibility for Planning Policy; and,

(iii.)        Executive Members appointed to any committee, sub-committee, or position with responsibility either: a. To consider and take decisions with regard to the potential establishment of commercial ventures and the undertaking of other investment activities by the Council; or, b. To exercise the function of the Council as a shareholder or partner, in relation to companies, partnerships or other commercial entities owned or part owned by the Council.

To receive any announcements by the Leader of the Council.

The Leader thanked the Paul Danbury, the Mayor’s Chauffeur and Support Officer, for his work supporting the Council’s Heritage Day.

To receive any announcements from the Mayor.

All those who were involved in Run Reigate, the Caves Open Day, Heritage Open Day and Pride in Surrey were thanked for making them such successful events. The Borough had made a gift of a scroll to His Majesty, King Charles III, on the occasion of his accession to the throne. The Reigate & Banstead Volunteer Awards were anticipated along with the upcoming Remembrance Day services in Horley, Redhill and Banstead. The Mayor highlighted a forthcoming fundraising event on Friday 24 November 2023. Councillors were encouraged to participate in events, especially those held in their wards.

RECOMMENDED that members of the Press and public be excluded from the meeting for the following items of business under Section 100A(4) of the Local Government Ac 1972 on the ground that:

1.     It involves the likely disclosure of exempt information as defined in paragraph 2 of Part 1 of Schedule 12 A of the Act; and

2.     The public interest in maintaining the exemption outweighs the public interest in disclosing the information.

There was none.