Agenda and minutes

There were no apologies for absence

Members and Officers must declare any disclosable pecuniary interests in relation to any business on the agenda. Declarations should also be made at any stage such an interest becomes apparent during the meeting.

If in doubt contact the Legal or Democratic Services representative for this meeting.

There were no declarations of interest made.

To receive any questions from members of the public addressed to Members of the Executive in accordance with Council Procedure Rule 11.  There is up to 5 minutes for each question, one supplementary question may be asked arising from the original question. 

Questions must relate to any matter the Council has power or which affects the Borough, except no questions may be asked in relation to 

a)    A specific planning or licensing application

b)    A specific staffing appointment or appeal, or Standards determination

Public question time will last up to 30 minutes; questions will be taken in the order of receipt. 

The deadline for submission of questions is 25th March 2024 at 12 noon. Questions to be submitted to democratic.services@adur-worthing.gov.uk  

There were no questions form the public

To approve the minutes of the Council Meeting held on 22 February 2024, copies of which have been circulated.

Resolved: that the minutes of the meeting held on 14th December 2023 be approved as a correct record and be signed by the Chairman.

The Chairman made the following announcements

It hasn’t been that busy over the last month or so on civic engagements.

On 16 December I had a joint Christmas Carol Service with the Boundstone Choir which was held at St Michaels and All Angels Church in Lancing. The service was well supported and went well. I also received a lovely comment from Barbara, the MND representative who was at the service, which is worth a mention. This is what she said:

"I should just like to thank you all for your very generous donation to the Motor Neurone Disease Association West Sussex South Branch and for the amazing support from the congregation of St Michaels and All Angels Church on 16th December. What a really lovely evening we all had being royally entertained by Boundstone Chorus, beautiful music & carols and I loved the alternative '12 Days of Christmas' reading.   I am sure you know that your generosity will go towards helping local people living with Motor Neurone Disease and to make their lives as comfortable as is possible.   We also support research into finding treatment and, maybe eventually, a cure for this devastating disease.    Thank you for choosing the MND Association as one of your charities, it is very much appreciated by us all."

On the 25th January I attended the opening of the new Forest Row with the Mayor of Worthing. It was great meeting with business owners and networking and meeting some interesting contacts. I’d like to wish this new venture all the best over the coming year.

Saturday 27th January, I attended the Holocaust Memorial Day Event which is held in Buckingham Park by the Holocaust Memorial Tree. There was a good gathering at this sombre event, a time to reflect and remember. Fr James Grant led the prayers and myself and other councillors did readings and I laid a wreath.

On Thursday the 22nd February, I attended the opening of the new council houses in Sylvan Road, Sompting that have already been handed over to new tenants.

On Wednesday 6th March I attended the Lancing Parish Council community awards where  myself and the Lancing Parish Chairman Mike Mendoza handed out awards to individuals and organisations that have helped the Lancing community.

On Monday 11th March, myself and other councillors and council officers attended a groundbreaking ceremony for the new homes to be built at the old civic centre site in Ham Road.

On behalf of the Council and people of the District we would like to send our thoughts and prayers to the Royal Family. We wish both the King and the Princess of Wales a speedy recovery and send our very best wishes.

Finally, I would like to also thank Liz McCarthy for all her help organising my events and checking in on me. I’d like to wish her all the best in her retirement.

To consider any items the Chairman has agreed are urgent

The Chairman announced that there were no urgent items. 

To consider recommendations to the Council, details of which are set out in the attached items as 7A, 7B, 7C and 7D. 

Full reports are available on the website as listed below:

7(a)      Joint Overview and Scrutiny Committee - 7 March 2024

JOSC Work Programme update and Work Programme setting for 2024/25 - Work Programme 

The Chairman of the Joint Overview and Scrutiny Committee introduced the recommendation to the Council which was seconded and was unanimously supported following a vote.

Resolved: That the draft JOSC Work Programme for 2024/25 be approved

7(b)                 Licensing Committee -  11 March 2024

Approval of Licensing Fees 2024/25

The Chairman of the Licensing Committee introduced the recommendation to the Council which was seconded and was unanimously supported following a vote.

Resolved: That the fees be ratified and they come into effect on the 1 April 2024

7(c)                  Joint Audit & Governance Committee - 21 March 2024

Creating a positive complaints culture: a new code for complaints handling

The Chairman of the Joint Audit and Governance Committee introduced the recommendation to the Council which was seconded and was unanimously supported following a vote.

Resolved

1.    that  the new (Housing Ombudsman Complaint Handling Code (HOCHC) be adopted

2.    That it be noted that the Local Government and Social Care Ombudsman Service Complaints Handling Code (LG&SC Code) was launched in February 2024. And that work is underway to ensure compliance with this, which will be required by April 2026.

3.    That it be noted that the Monitoring Officer will recommend two councillors to be complaint handling Members to the Joint Chairs of the JAGC for approval and recommendation to Adur District Council and Worthing Borough Council meetings

4.    That it be noted that the senior responsible person for complaints will be the Head of Resident Services.

7(d)                 Joint Audit & Governance Committee - 21 March 2024

Amendments to the Constitution

The Chairman of the Joint Audit and Governance Committee introduced the recommendation to the Council which was seconded and was unanimously supported following a vote.

Resolved:

1.    That the revised Constitutions be approved with the following additional recommendations

2.    That no ordinary meeting of Full Council should be scheduled during the pre-election period, without the approval of the Proper Officer, who will take into account whether the forthcoming election was in respect of the Borough or District elections, or other election, and the level of political sensitivity around each election which should impact on Council business;

3.    That the value of a Key Decision under the Council’s Financial Regulations and Article 12.03 of the Constitution remain at £100,000 on the basis that Officers will publish Decision Notices and Consult in writing with the relevant Cabinet Members

4.    That the proposed amendments to Paragraph 6.1 of the Budget Procedure Rules presented to the Committee be postponed pending a review by the Joint Overview and Scrutiny Committee of its involvement in budget strategy and review.

To receive a report from the Leader as item 8. The report contains decisions taken by the Cabinet Members, the Joint Strategic Committee and the Adur Joint Strategic Sub-Committee since the December Full Council meeting.  

There will be up to 15 minutes for Cabinet Members to make any statements on the report. There will also be up to 15 minutes for Cabinet Members to respond to questions on the report. These questions will not be the same as any to be asked under Item 10.  

Before the Committee was a report by the Leader, a copy of which had been circulated to all Members, a copy of which is attached to the signed copy of these minutes as item 8.

A Member asked a question about the Joint statement of community involvement and the wider complexity of public engagement, the Cabinet Member responded that the document was statutory in nature, however there was a wide range of engagement being undertaken on various related issues.

A Member asked a question about the rejection of the care leavers motion. Members were reminded that the primary authority responsible for care leavers was West Sussex County Council who had significantly more resources. It was felt that it was best for the district to work with West Sussex and signpost to services where necessary. The matter wold be reviewed further to make sure that responses were as efficient and appropriate as possible.

A Member asked a question about the AQMA and whether these should be suspended. The Cabinet Member informed council that the authority was tied by the calculation methodology set by DEFRA, under those calculations the amounts were not enough to maintain the AQMA under DEFRA calculations. It was related that the equipment would stay in place to monitor the situation.

A Member asked a question about simpler food waste collection service and what would happen if sufficient funding was not provided from central government. Members were told that scenario planning was currently being undertaken given that currently sufficient funding was not being made available.

To receive from the Director for Sustainability & Resources, the schedule of meetings for the Council and other meetings in the next Municipal Year. 

A copy of the schedule and covering report is attached as item 9.

Before the Committee was a report by the Director for Sustainability and Resources, a copy of which had been circulated to all members, a copy of which is attached to a signed copy of these minutes as item 9

Having been proposed and seconded the schedule for 2024/25 was approved

Resolved: That the schedule of meetings for 2024/25 municipal year be approved

Members question time will last up to 30 minutes, questions will be taken in order of receipt, in rotation from each political group on the Council. The deadline for submission of questions is 25^th March 2024 at 12 noon. Questions to be submitted to democratic.services@adur-worthing.gov.uk

Questions received can be asked of the following:

a)    The Chairman

b)    A Member of the Cabinet

c)    The Chairman of any Committee

d)    The Councils representative on any outside body

Questions cannot be asked on the following

a)    A specific planning or licensing application

b)    A specific staffing appointment, appeal or Standards determination

Cllr Shinn asked the following question

What more can be done to compel Southern Water to come to committee to face questioning by Adur and Worthing Members?

It is now over one year since you made a decision to explore a hybrid-surface solution for the Meads Recreation Ground. Local parents, children and other residents have yet to see any significant progress. Could you please update residents and members on the situation?

Response

The Council has been working with specialist contractors to prepare a design and provide up to date costings.  There is a Project Manager assigned to the project who is holding monthly meetings with the School, West Sussex and the Head of Governors.  West Sussex is currently resolving the necessary governance approvals to release the ring fenced s106 funds so that the project can commence on site.  Ideally work during the summer months would be preferable with better weather and less impact on the school but this is dependent on timings around the governance and procurement processes

Cllr Shinn asked the following question

You may be aware of recent problems in relation to the management and maintenance of new housing developments in our district. For example, there have been criticisms levelled at Hyde Housing by residents of the Waterfront development in Shoreham, which have been brought to the attention of our local MP and cabinet members. Could you please indicate what steps could be taken by this council going forward to hold Hyde and other preferred developers to account for the management and maintenance of developments following completion?

Response

Generally, the management and maintenance of new developments is the responsibility of a Management Company set up by the developers, with occupiers of new properties contributing to the ongoing management costs.  This can include on-site drainage, roads and open spaces unless transferred to the District Council or County Council with a commuted sum payment to cover future maintenance costs.  This is usually stipulated in the s106 planning obligation signed at the planning application stage.

In terms of the issues identified with the Waterfront development (north of the Ropetackle development), following complaints Hyde did investigate the flooding issues and identified that the issue is not with the on site drainage system but with the outfall to the River.  The outfall pipe has been inspected by a local Civil Engineering Company and they have identified that it is blocked by silt. 

The responsibility to clear the Chamber rests with the Environment Agency and it is hoped that the problem will be rectified as soon as possible.  In the meantime Hyde is continually to over pump into the river at periods of low tide to avoid any further flooding issues on site or to neighbours.

The Council does have enforcement powers against either the developers or appointed Management Company if developments are not built in accordance with approved plans or areas not maintained in accordance with agreed management plans.  At Mariners Point in Shoreham the developer was threatened with enforcement action to remedy  ...  view the full minutes text for item C/67/23-24

To consider a Motion on Notice, submitted by the Proper Officer on behalf of Councillor Gabe Crisp, detailed as item 11.

Before the Committee was a motion on notice proposed by Cllr Gabe Crisp and seconded by Cllr Julian Shinn.

There was support for the motion and the council referred the motion to the Joint Strategic Sub-Committee for determination.

Resolved: That the motion be referred to the Adur Joint Strategic Sub-Committee for consideration and determination