Agenda and draft minutes

The Worshipful the Mayor welcomed everyone to the meeting and outlined the arrangements for the meeting.

There were no declarations of interest.

To approve the minutes of the last meeting held on 22 November 2023.

Consideration was given to the minutes of the meetings held on 22 November 2023.

RESOLVED that the minutes of the meeting held on 22 November 2023 be confirmed and signed as a correct record.

Public Question submitted by Mr John McDermottroe for response by the Cabinet Member for Regeneration & Housing (Cllr Nigel Cooke):-

“On 22 November 2022 Cllr Nigel Cooke stated that "they were ready to deliver on the bid" however the centre once again has been sold to another private investment Co. Why was this allowed to happen and what will now happen to the £20M levelling up money? And the £10M pledged by SBC?”

The Cabinet Member for Regeneration & Housing responded with:-

“Money allocated to Billingham remains available in line with the approval at Cabinet in February 2021.

The Levelling Up Fund (LUF) bid was based on the principle of the council acquiring Billingham Town Centre and the utilisation of LUF funds to fund redevelopment. Over the last 18 months, the Council has been unable to reach agreement on acquisition with the then owners of centre St Modwen and in the absence of Levelling Up Funding at the time, needed to reassess options for redevelopment of the centre. This position was acknowledged by Cabinet in July 2023 along with approval for the production of a masterplan for Billingham town centre which is nearing completion and will be shared in early March.

Levelling Up Funds are now available and despite the Councils attempts to secure ownership, the centre has been acquired from St Modwen.  The Council has had positive dialogue with the new owners and there is a commitment from both parties to work together on how best to bring about redevelopment of Billingham town centre utilising LUF money.”

Mr John McDermottroe asked the following supplementary question:-

“Is it really appropriate to use tax-payers money for the benefit of a private investment company?”

The Cabinet Member for Regeneration and Housing responded with:-

“There is no talk of handing money over to a private investment company. It is our intention to work with the current owners of the town centre in order to maximise the investment for the benefit of the people of Billingham. As I have said positive dialog has already commenced with the new owners of Billingham town centre.”

Consideration was given to a report on the Local Plan Five Year Review.

The development plan (a local plan) was at the heart of the planning system, setting out a vision and strategy for future development of the Borough. Included within it were a series of policies which supported the delivery of that strategy and against which planning applications were assessed.

Under regulation 10A of the Town and Country Planning (Local Planning) (England) Regulations 2012, there was a legal requirement to ‘review’ local plans at least once every 5 years from their adoption to ensure they remained fit for purpose. In the case of the Stockton-on-Tees Local Plan that is required to be complete by the 31 January 2024. 

At its meeting held on 18 January 2024 Cabinet RESOLVED that:-

1. The findings and recommendations of the internal officer review of the Stockton on Tees Local Plan (Appendix 1 of the report) be agreed.

2. The findings of the Local Plan review are made publicly available and published on its website.

Council RESOLVED that:-

3. A full update of the Stockton on Tees Local Plan commences.

4. The Director of Regeneration and Inclusive Growth be authorised to commence work on preparatory work for a new local plan with a review of the evidence base, related project management activity and consultation on updated Conservation Area Appraisals in advance of the details on government’s new local plan process.

Consideration was given to a report on Consent Street Trading Policy Review 2024

The report informed Cabinet of the results of a public consultation, a draft consent street trading policy and the proposal to designate the whole borough a consent area for the purposes of street trading.

“Street Trading” was defined in paragraph 1 of Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP) Act 1982) – as “the selling or exposing or offering for sale of any article (including a living thing) in a street”. For the purposes of the Act this would include private land that the public has access to without payment.

Under the provisions of Schedule 4, a Local Authority may designate streets within its borough as either:

• Prohibited Streets - in which street trading is not allowed.

• Licence Streets - in which a licence to trade is required.

• Consent Streets - where prior consent requirements operate.

In 1987, the resolution to adopt Schedule 4 of the LG(MP) Act 1982 was taken, members approved a list of consent streets and prohibited streets, in 1999 the current street trading consent conditions were agreed and in 2001 the policy was amended to add Yarm Lane as a prohibited street, the regime has remained largely unchanged since.

The Council had no control in areas where it had not designated a street as either a consent or prohibited street. This had resulted in the Council being ineffective to respond to complaints associated with trading and inefficient in responding to requests to trade in areas where no provisions exist.

In addition to this the current list of prohibited and consent streets was no longer relevant in redeveloped areas and was inflexible with the developing Town Centres and Place strategies.

Consultation was critical to ensure any changes to the street trading resolution were clear and transparent for businesses, members, responsible authorities and the public. The statutory consultation process was followed including an advert in the Evening Gazette dated 11 July 2023. A report containing a summary of the results of the online public consultation was attached to the report.

Alongside the online consultation in depth discussions had helped to shape the revised policy and the application / determination process. These discussions had included:

• Existing traders

• Potential Traders

• Voluntary Sector

• Charity and non-profit groups

• Parish Councillors

• Members

• Council Departments

A copy of the revised draft consent street trading policy 2024, which outlined how officers would manage and review the regime including the application / determination process was attached to the report.

The most significant changes following the consultation had been around:

• Non for profit and charity fundraising (detailed at pg. 3 of the draft policy document)

• DBS and convictions information (detailed at pg. 8 and Appendix 3 of the draft policy document)

The revised policy document had been circulated for comments to all respondents to the consultation who provided contact details and again internally with Council departments. Additional responses  ...  view the full minutes text for item COU/80/23

Consideration was given to a report that reviewed the allocation of seats to political groups as prescribed by the Local Government (Committees and Political Groups) Regulations 1990.

RESOLVED that the following changes and appointments be approved:-

Executive Scrutiny Committee – Add Cllr Shakeel Hussain

Adult Social Care and Health Select Committee - Remove Cllr Paul Weston and Add Cllr Stefan Barnes

Place Select Committee - Remove Cllr Michelle Bendelow and Add Cllr Kevin Faulks

Planning Committee – Remove Cllr Stefan Barnes and Add Cllr Shakeel Hussain

Health and Wellbeing Board – Remove Cllr Kevin Faulks and Add Cllr Marcus Vickers

Standards Panel – Remove Cllr Kevin Faulks and Add Cllr Tony Riordan

Employee Appeals Panel – Remove Cllr Kevin Faulks and Add Cllr Tony Riordan

Home Safety Association – Add Cllr John Gardner

Member Advisory Panel – Remove Cllr Kevin Faulks and Add Cllr Shakeel Hussain

Commemoration Working Group – Remove Cllr Sylvia Walmsley and Add Cllr Lynn Hall

Audit and Governance Committee – Appointed - Cllr Ross Patterson

Corporate Parenting Board - Appointed - Cllr Mick Moore

Schools Workforce Joint Consultative – Appointed - Cllr Elsi Hampton

Moved by Councillor Eileen Johnson and seconded by Councillor Pauline Beall that Councillor Paul Rowling be appointed to the Children and Young People Select Committee.

Moved by Councillor Tony Riordan and seconded by Councillor Niall Innes that Councillor Lynn Hall be appointed to the Children and Young People Select Committee.

At this point a vote took place.

RESOLVED that Councillor Paul Rowling be appointed to the Children and Young People Select Committee.

Crime and Disorder Select Committee – The meeting was informed that Cllr Sally Ann Watson was withdrawing her nomination and therefore Cllr Barbara Inman was appointed to the Crime and Disorder Select Committee.

People Select Committee – The meeting was informed that Cllr Sufi Mubeen was withdrawing his nomination and therefore Cllr Eileen Johnson was appointed to the People Select Committee.

Hartlepool Power Station Community Liaison Committee – Appointed - Cllr Paul Rowling

Standing Advisory Council of Religious Education – Cllr Lisa Evans

Teesside and District Society for the Blind – Appointed - Cllr Shakeel Hussain

Moved by Cllr Rowling and seconded by Cllr Johnson that Cllr Jim Beall be appointed to the Ropner Trust   The meeting was informed that Cllr Lynn Hall was withdrawing her nomination and therefore it was resolved to remove Cllr Jim Taylor and Cllr Jim Beall was appointed.

The following motion has been submitted in accordance with Council Procedure Rule 3.40 by Cllr Tony Riordan:-

" In October 2023, the Economic Crime and Corporate Transparency Act received Royal Assent. This means that small companies and micro-entities, such as Stockton Hotels Company Limited, will have to file a profit and loss account, which with small companies having to also file a director’s report. This change ensures that turnover is available on the public register. The Bill also removes the option for companies to prepare abridged accounts.

The requirements for a profit and loss account will be set out in regulations and will ensure companies are given fair warning of the changed expectations.

To get ahead of the regulations and promote transparency at the very highest-level to our residents, Stockton Borough Council in its role as shareholder resolves,

1.         To request Stockton Hotels Company Limited to provide copies of all the profit and loss accounts, since incorporation, and within one month, so that Stockton Borough Council can publish them.

2.         To request Stockton Hotels Company Limited to provide copies of all the Directors Reports, since incorporation, and within one month, so that Stockton Borough Council can publish them."

The following motion had been submitted in accordance with Council Procedure Rule 3.40, moved by Councillor Tony Riordan, seconded by Councillor Niall Innes:-

"In October 2023, the Economic Crime and Corporate Transparency Act received Royal Assent. This means that small companies and micro-entities, such as Stockton Hotels Company Limited, will have to file a profit and loss account, which with small companies having to also file a director’s report. This change ensures that turnover is available on the public register. The Bill also removes the option for companies to prepare abridged accounts.

The requirements for a profit and loss account will be set out in regulations and will ensure companies are given fair warning of the changed expectations.

To get ahead of the regulations and promote transparency at the very highest-level to our residents, Stockton Borough Council in its role as shareholder resolves,

1. To request Stockton Hotels Company Limited to provide copies of all the profit and loss accounts, since incorporation, and within one month, so that Stockton Borough Council can publish them.

2. To request Stockton Hotels Company Limited to provide copies of all the Directors Reports, since incorporation, and within one month, so that Stockton Borough Council can publish them."

Moved by Councillor Bob Cook, seconded by Councillor Nigel Cooke that the substantive motion be amended as follows:-

“Recognising the essential need for transparency across the public sector, particularly in organisations that directly or indirectly receive public funds, this Council acknowledges the recent developments in financial reporting regulations. In October 2023, the Economic Crime and Corporate Transparency Act received Royal Assent. This means that small companies and micro­ entities, such as Stockton Hotels Company Limited, will have to file a profit and loss account, with small companies having to also file a director's report. This change ensures that turnover is available on the public register. The Act also removes the option for companies to prepare abridged accounts.

The requirements for a profit and loss account will be set out in regulations and will ensure companies are given fair warning of the changed expectations.

In this spirit, and to set a precedent for openness and accountability, and to get ahead of the regulations and promote transparency at the very highest-level to our residents, this Council in its role as shareholder resolves:

1. To request Stockton Hotels Company Limited to provide copies of its profit and loss accounts so that this Council can publish them.

2. To request Stockton Hotels Company Limited to provide copies of its Directors Reports, so that this Council can publish them.

3. To agree an annual review of our companies by Cabinet to include consideration of financial and operational performance.

And to lead by example in promoting transparency and accountability, not only for this Council but also by encouraging as a constituent member of the Combined Authority equivalent practices, this Council resolves:

4. To request the Tees Valley Mayor to adopt similar measures of transparency for the companies under the control, or influence of  ...  view the full minutes text for item COU/82/23

The following motion has been submitted in accordance with Council Procedure Rule 3.40 by Cllr Paul Rowling:-

"During Prime Minister's Questions on Wednesday 22nd November 2023 the Home Secretary James Cleverly was heard making a derogatory comment about Stockton-on-Tees. Despite initially saying that he did not say anything inappropriate the Home Secretary proceeded to claim that the comment was aimed at the MP for Stockton North. As reported in the Sunday Mirror on Sunday 26th November, Artificial Intelligence has been used to clean up the recording. The cleaned-up recording proves that the comment was indeed aimed at our town.

The comment is an outrage and an insult to all those that call Stockton-on-Tees home. Stockton-on-Tees, made up of Stockton, Thornaby, Billingham, Yarm, Egglescliffe, Norton, Ingleby Barwick, and surrounding villages, is a proud area with a rich history. The Home Secretary’s comments could not be a more inaccurate description of our area.

Although the Home Secretary has apologised for “unparliamentary language” in the House of Commons, no such apology has been made to the residents of Stockton-on-Tees. We the members of Stockton-on-Tees Borough Council strongly condemn the comments and call for the Home Secretary to make a full apology to the people of Stockton-on-Tees. We resolve to write to the Home Secretary to invite him to come to Stockton to apologise. We also extend an invitation to the MPs for Stockton North and Stockton South to jointly sign this letter."

The following motion had been submitted in accordance with Council Procedure Rule 3.40, moved by Councillor Paul Rowling, seconded by Councillor Eileen Johnson:-

"During Prime Minister's Questions on Wednesday 22nd November 2023 the Home Secretary James Cleverly was heard making a derogatory comment about Stockton-on-Tees. Despite initially saying that he did not say anything inappropriate the Home Secretary proceeded to claim that the comment was aimed at the MP for Stockton North. As reported in the Sunday Mirror on Sunday 26th November, Artificial Intelligence has been used to clean up the recording. The cleaned-up recording proves that the comment was indeed aimed at our town.

The comment is an outrage and an insult to all those that call Stockton-on-Tees home. Stockton-on-Tees, made up of Stockton, Thornaby, Billingham, Yarm, Egglescliffe, Norton, Ingleby Barwick, and surrounding villages, is a proud area with a rich history. The Home Secretary’s comments could not be a more inaccurate description of our area.

Although the Home Secretary has apologised for “unparliamentary language” in the House of Commons, no such apology has been made to the residents of Stockton-on-Tees. We the members of Stockton-on-Tees Borough Council strongly condemn the comments and call for the Home Secretary to make a full apology to the people of Stockton-on-Tees. We resolve to write to the Home Secretary to invite him to come to Stockton to apologise. We also extend an invitation to the MPs for Stockton North and Stockton South to jointly sign this letter."

Members debated the motion.

At this point and in accordance with Council Procedure Rule 3.65 Councillor Paul Rowling requested that a recorded vote be taken; which was supported by at least a quarter of the members present:-

Members in favour of the motion:-

Cllr Stefan Barnes, Cllr Jim Beall, Cllr Pauline Beall, Cllr Michelle Bendelow, Cllr Marc Besford, Cllr Carol Clark, Cllr Nigel Cooke, Cllr Robert Cook, Cllr Ian Dalgarno, Cllr Richard Eglington, Cllr Lisa Evans, Cllr Kevin Faulks, Cllr Nathan Gale, Cllr Clare Gamble, Cllr Ray Godwin, Cllr Barbara Inman, Cllr Eileen Johnson, Cllr Mrs Ann McCoy, Cllr Mick Moore, Cllr Steve Nelson, Cllr Ross Patterson, Cllr Paul Rowling, Cllr Norma Stephenson OBE, Cllr Mick Stoker, Cllr Ted Strike, Cllr Marilyn Surtees, Cllr Sylvia Walmsley, Cllr Paul Weston, Cllr Katie Weston and Cllr Barry Woodhouse.

Members against the motion:-

Cllr Diane Clarke OBE, Cllr John Coulson, Cllr Jason French, Cllr Alex Griffiths, Cllr Lynn Hall, Cllr Stefan Houghton, Cllr Shakeel Hussain, Cllr Niall Innes, Cllr Sufi Mubeen, Cllr Stephen Richardson, Cllr Tony Riordan, Cllr Susan Scott, Cllr Vanessa Sewell, Cllr Andrew Sherris, Cllr Hugo Stratton, Cllr Emily Tate, Cllr Jim Taylor, Cllr Laura Tunney, Cllr Hilary Vickers and Cllr Marcus Vickers.

Abstentions:-

Cllr Alan Watson and Cllr Sally Ann Watson.

The motion was carried by 29 votes for to 20 votes against and 2 abstentions.

The following question had submitted by Cllr Ted Strike for response by the Leader of the Council (Cllr Bob Cook):-

"At the November meeting I submitted a motion and a question which were both rejected after the deadline. My motion was submitted on the Friday morning, and I received an email saying it had been rejected on the Monday. My question was submitted on the Wednesday and rejected the Wednesday after the deadline a full week later.

During the many emails exchanged it became apparent that all questions and motions are not read until the day after the deadline, meaning any alterations to the questions or motions cannot be made if the Proper Officer finds them unacceptable.

I believe this is unacceptable and this practice should be changed, even if this means bringing forward the deadline to midnight on the Thursday.

Can this be put in place as the current practice leads to questions and motions being rejected without any opportunity to amend them?

I understand that another councillor also had a question refused."

The Leader of the Council responded with:-

Thank you, Councillor Strike, for raising this issue, whilst the council procedures are not something that are my responsibility as leader of the council, they are as you will be aware matter for all members, the question does provide an opportunity to highlight the support that is available from our officers.

In considering how best to respond, I have asked the monitoring officer for his advice on this matter. Firstly, though a reminder that it is for us all as members, to ensure that the motions or questions we submit are in order and can therefore be considered in public at one of our meetings.

The monitoring officer advises me that the deadline for submissions is not just administrative, but a requirement set out in our constitution to ensure legal compliance and procedural integrity. Motions and questions submitted formally to democratic services are assessed for compliance with our standing orders after the deadline so that they can be included on the council agenda. At this point, at most only minimal changes for example for grammatical accuracy can be made.

It is a matter for us all as members to decide whether or not we wish to take advice from officers before formally submitting a question or motion to democratic services. Clearly not all questions or motions will require advice to be given, but it is a matter for members to decide whether or not advice is needed. If in doubt I would suggest to members to take advice.

At any point before the deadline, if a member wants to submit a question or motion then they can ask for advice, but it is the responsibility of us all as members to ask for that advice when it is needed. Officers cannot be the judge as to whether or not a member does or does not want such advice on the wording of their question or motion. I would also  ...  view the full minutes text for item COU/84/23

The Leader of the Council gave his Forward Plan and Leaders Statement.

The last Council meeting was held on the 22 November last year. Since then Cabinet met on the 14 December and 18 January and considered the following matters:-

• Financial Update and Medium-Term Financial Plan

• 0-19 Children's Public Health Programme: Partnership with Harrogate & District Foundation Trust

• 2023 Event Summary and 2024 Memorial Lighting Calendar

• Lived Experience and Making It Real Board

• Annual Report of the Governing Body for the Learning & Skills Service

• Governor Appointments

• Powering Our Future - Programme Update

• Local Plan 5 Year Review and Consent Street Trading Policy Review

Cabinet would next meet on the 12 February MTFP followed by a further meeting on 15 February and consider:-

• Annual Report ISAG

• Environmental Sustainability & Carbon Reduction Strategy 2022-32 Monitoring Report

• School Performance 2022 - 2023 for Vulnerable Pupils

• Procedure for Admission of Pupils to Primary and Secondary Schools in September 2025

• Standing Advisory Council on Religious Education Constitution

• Scrutiny Review of Domestic Waste Collections, Kerbside Recycling and Green Waste