Agenda and minutes

Apologies for absence were received from Councillors Crowe, Higgins and Fyfe.

To receive the minutes of the meeting held on 17 January 2013

RESOLVED: That the minutes of the meeting held on 17 January 2013 be agreed as a correct record.

To note any declarations of interest in any matter before the Council

Councillor D. Mills declared a non-pecuniary interest in Agenda Item 7 – General Fund Revenue Budget, Housing Revenue Account and Capital Programme 2013/14, as being personally affected by the proposed High Speed 2 rail route.

Councillor Curling declared a non-pecuniary interest in Agenda Item 8 – Adoption of Article 4 Direction to Control Houses In Multiple Occupation Around Brunel University, as he worked at Brunel University.

Councillor Allam declared non-pecuniary interest in Agenda Item 5 – Petition Requiring Council Debate, as he was a Member of the Council’s North Planning Committee.

Councillor Dhillon declared non-pecuniary interest in Agenda Item 5 – Petition Requiring Council Debate, as he was a Member of the Council’s North Planning Committee.

All the Members stayed in the room during the consideration of these items.

To consider the contents of a petition submitted to Council under the terms of the Council’s Petitions Scheme

The petition organiser, Mr Grimmel, had submitted a petition with more than 2,500 signatories for Council debate. He spoke in support of the petition which was in relation to a planning application at the Kings College Playing Fields. It was noted that, as this petition related to a planning application, it was appropriate for it to be referred to the North Planning Committee for consideration.

Councillor G. Cooper moved, and Councillor O’Brien seconded the recommendation as set out on the Order of Business.

Councillor Simmonds moved, and Councillor Bianco seconded, that the question be now put and it was:

Resolved: That the question be now put.

The motion was put to the vote and it was:

Resolved: That Council note the petition and the views of the petitioners and refer the petition to the North Planning Committee for consideration with all other representations and relevant material when determining the planning application to which it refers.

Councillor Puddifoot moved, and Councillor Simmonds seconded, the recommendations as set out in the Order of Business and it was:

RESOLVED: That:

a)     The Urgency decisions detailed in the report be noted.

b)     The current Members’ Allowances Scheme be revoked as of 31 March 2013 and the new Scheme for 2013/14 as shown in the appendix to the report be approved for implementation from 1 April 2013.

Section 106 of the Local Government Finance Act 1992 will apply to the recommendations of this item. Any Member who is more than two months in arrears with their Council Tax or has arrears of Council Tax must declare that fact and must not vote on this item.

Budget Conflict Resolution Procedures – Council is asked to consider the Cabinet’s proposals. It may adopt the proposals, submit objections to Cabinet or invite the Cabinet to make amendments specified by Council. If Council votes to object to the Cabinet proposals or to invite Cabinet to make amendments then the Conflict Resolution Procedure will come into operation.

The Council meeting will be adjourned while a special meeting of the Cabinet is held, after which the Council will resume and consider any revised proposals submitted by the Cabinet or the reasons why the Cabinet disagrees with Council’s objections or proposed amendments. The budget would then be open for debate and amendment until a final decision is made.

Councillor Cooper moved, and Councillor O’Brien seconded, the suspension of Council procedure rule 14.4 to allow unlimited speaking time for the mover and seconder of the motion and the principal speaker and seconder of the amendment from the Labour Group.

RESOLVED: That the mover and seconder of the budget motion and the principal speaker and seconder of the Labour Group amendment be allowed unlimited speaking time on this item.

Councillor Bianco moved, and Councillor Puddifoot seconded, the budget recommendations, as set out in the Order of Business. 

Councillor Harmsworth moved, and Councillor Curling seconded, the following

amendment:

1               That the Cabinet be invited to consider the Labour Group’s amendments to the Cabinet’s proposals set out in the Council Tax report and report back to Council. These amendments would result in a Council Tax requirement for 2013/14 of £97,321,276.

2               The proposals are based on the Cabinet’s budget proposals as approved by Cabinet on 14 February 2013, subject to the following amendments:

Following debate (Councillors Harmsworth, Puddifoot and Curling), the amendment was put to the vote and lost.

Following further debate (Councillors Puddifoot, Simmonds, Burrows, Corthorne, D. Mills, Curling and Bianco), the original motion was put to the vote. During the course of the debate Council noted a declaration by the Leader of the Council of his intention to ask officers to begin the process of designating Lake Gardens as Green Belt land.

RESOLVED: That:

1        The General Fund revenue budget proposals be approved, resulting in a Council Tax requirement for 2013/14 of £97,321,276.

2        Council note that at its meeting on 17 January 2013 the Council calculated the amount of 87,446 as its Council Tax Base for the year 2013/14. This was calculated in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, as its Council Tax Base for the year (Item T in the formula in Section 31B (3) of the Local Government Finance Act 1992).

3        Hillingdon’s own Council Tax be set at £1,112.93 for a Band D property. Taking into account the precept levied by the Greater London Authority, this results in an overall Band D Council Tax of £1,415.93 for the borough.

4        The following amounts be now calculated by the Council for the year 2013/14, in accordance with Sections 32 to 36 of the Local Government Finance Act 1992 (the Act):

a) £676,619,276         being the aggregate of the amounts that the Council estimates for the items set out in Section 31A(2) (a) to (f) of the Act. (Gross Expenditure including the amount required for additions to working balances).

b) £579,298,000         being the aggregate of the amounts that the Council estimates for the items set out in Section 31A(3) (a) to (d) of the Act. (Gross Income including reserves to be used to meet Gross Expenditure).

c) £97,321,276           being the amount by which the aggregate at 4 (a) above exceeds the aggregate at 4 (b) above. This is calculated by the Council in accordance with Section 31A(4) of the Act, as its council tax requirement for the year. (Item R under Section 31B of the Act).

d) £1,112.93               being the amount at 4 (c) above divided by Item T (2 above). This is, calculated by the Council in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year. (Council Tax at Band D for the Council).

e)                                 

                                      being the amounts given by multiplying the amount at 4 (d) above by the number which, in the proportion set out in Section 5 (1) of the Act, is applicable to dwellings listed in a particular valuation band divided by the number which in that proportion is applicable to dwellings listed in valuation Band D.  This is calculated by the Council in accordance with Section 36 (1) of the Act, as the amounts to be taken into account for the year in respect of categories of dwellings listed in different valuation bands.

5        Council note that for the year 2013/14 the Greater London Authority and its functional bodies have stated the following amounts in precepts. These have been issued to the Council, in accordance with Section 40 of the Act, for each of the categories of dwellings shown below:

6        The Council has calculated the aggregate in each case of the amounts at 4 (e) and 5 above. The Council in accordance with Section 30 and 36 of the Local Government Finance Act 1992 hereby sets the Council Tax for the year 2013/14 for each category of dwelling below:

7        The Housing Revenue Account budget proposals made by Cabinet be approved.

8        The proposals for fees and charges and housing rents for both the General Fund and Housing Revenue Account set out in Appendix 7 of the report to Cabinet be approved.

9        The capital programme as set out in Appendix 8 of the report to Cabinet be approved.

10   The Treasury Management Strategy Statement, Annual Investment Strategy and Minimum Revenue Provision Statement for 2013/14 to 2016/17 as set out in Appendix 10 of the report to Cabinet be approved.

11   The London Borough of Hillingdon Pay Policy Statement for 2013/14 as set out in Appendix 11 of the report to Cabinet be approved.

12   The Council Tax Discount for Older People be retained at 4.87% of Hillingdon’s element of the Council Tax.

13   The Corporate Director of Finance’ comments regarding his responsibilities under the Local Government Act 2003 be noted.

14   The Corporate Director of Finance be authorised to approve all virements after 31 March 2013 relating to the 2012/13 financial year of any value beyond the levels currently delegated to Corporate Directors necessary to the closure of accounts, within the deadline set for the 2012/13 financial year.

15   (as set out in Schedule C of the Constitution - Budget and Policy Framework Procedure Rules), Cabinet be authorised to utilise the general reserves or balances or approve virements between the General Fund budget, Housing Revenue Account budget or Capital budgets during the MTFF financial years 2013/14 to 2016/17, in respect of those functions which have been reserved to the Cabinet in Article 7 of the Constitution.

16   It be confirmed that the Council’s basic amount of Council Tax for 2012/13 is not excessive in accordance with principles approved under Section 52ZB Local Government Finance Act 1992 and therefore a referendum will not be triggered.

To consider the adoption of an Article 4 Direction as proposed by Council in November 2011

Councillor Burrows moved, and Councillor R. Mills seconded, the recommendation as set out on the Order of Business. Following debate (Councillor Curling), the motion was put to the vote and it was:

RESOLVED: That the consultation responses be noted and the commencement of the Article 4 Direction from 24 March 2013 be approved.

To consider a proposal for an Article 4 Direction

Councillor Burrows moved and Councillor Lavery seconded the recommendation as set out on the Order of Business. Following debate (Councillors Hensley, Duncan, Khursheed and Puddifoot), the motion was put to the vote and it was:

RESOLVED: That:

(i)        officers be authorised to prepare an Article 4 direction withdrawing permitted development rights for single storey rear extensions over 4m depth. The Article 4 Direction to cover all wards in the Borough.

(ii)      officers be authorised to implement the Article 4 Direction (taking into account any statutory notification period to avoid compensation) immediately following any legislative change that enables single storey rear extensions of over 4m depth to be undertaken without the need for planning permission such direction to have effect after 12 months prior notice has been given.