Agenda and draft minutes

To receive declarations of the existence and nature of any Disclosable Pecuniary Interests from Members in respect of any item to be considered at the meeting.

Proposed Submission Epsom and Ewell Local Plan

Councillor Bernice Froud, Other Interest: In the interests of openness and transparency Councillor Bernice Froud declared that she had a meeting with Epsom Netball Club in relation to the Hook Road Arena site.

Proposed Submission Epsom and Ewell Local Plan

Councillor Bernie Muir, Other Interest: In the interests of openness and transparency Councillor Bernie Muir declared that she and Councillor Keiran Persand had met Mr Barry Gartell, who had lobbied them to approve a sport centre that was designated possibly for Hook Road Arena. Councillor Bernie Muir stated that she did not believe that this had in any way influenced their decision making process.

Proposed Submission Epsom and Ewell Local Plan

Councillor Chris Ames, Other Interest: In the interests of openness and transparency Councillor Chris Ames declared that he and Councillor Kate Chinn had been invited to a meeting with representatives of Epsom and Ewell Football Club in relation to the promotion of the Hook Road Arena site. Councillor Chris Ames stated that he did not believe that this had particularly influenced their thinking on the matter and that he had also been lobbied by a number of other residents on this issue.

Proposed Submission Epsom and Ewell Local Plan

Councillor Kate Chinn, Other Interest: In the interests of openness and transparency Councillor Kate Chinn declared that she and Councillor Chris Ames had met Mr Barry Gartell, who had lobbied them to approve a sport centre that was designated possibly for Hook Road Arena. Councillor Kate Chinn stated that she did not believe that this had in any way influenced their decision making process.

Proposed Submission Epsom and Ewell Local Plan

Councillor Kieran Persand, Other Interest: In the interests of openness and transparency Councillor Bernie Muir declared that she and Councillor Keiran Persand had met Mr Barry Gartell, who had lobbied them to approve a sport centre that was designated possibly for Hook Road Arena. Councillor Bernie Muir stated that she did not believe that this had in any way influenced their decision making process.

Proposed Submission Epsom and Ewell Local Plan

Councillor Neil Dallen MBE, Other Interest: In the interests of openness and transparency Councillor Neil Dallen declared that he had been at various meetings with various clubs and authorities in relation to the Hook Road Arena Site.

Proposed Submission Epsom and Ewell Local Plan

Councillor Peter O'Donovan, Other Interest: In the interests of openness and transparency Councillor Peter O'Donovan declared that he volunteers with Epsom & Ewell Football Club at weekends when he is available but that he had not been involved in any applications for Hook Road Arena.

To confirm the Minutes of the Meeting of the Council held on 30 July 2024.

The Minutes of the Meeting of the Council held on 30 July 2024 were agreed as a true record and the Mayor was authorised to sign them.

To receive such communications or deal with such business as the Mayor may decide to lay before the Council.

The Mayor made a number of announcements relating to noteworthy recent and upcoming events.

Following the trigger for a full Council debate being reached, this report sets out the details of the Petition and the procedure for its debate.

Council received a petition, entitled “Remove Green Belt from the Epsom and Ewell Borough Council Local Plan” which had met the threshold for Council debate (receiving a total of 1,632 valid signatures) and had been accepted under the requirements of the Council’s Petition Scheme.  Details of the Petition were set out at Appendix 1 to the report.

In advance of the petition organiser being invited to present the petition to the Council, the Mayor informed the Council of the procedure to be followed on this item. As the petition called for a motion that related to a later item on the agenda (Item 13 - Proposed submission Epsom and Ewell Local Plan), the Mayor informed the Council that motions or amendments would not be accepted during the debate on the petition, but that there would be an opportunity for such to be proposed during Item 13 of the agenda.

Accordingly, and in line with the Council’s general rules of debate and the Petition Scheme, the petition organiser was given 5 minutes to present the petition and Chairman of Licensing & Planning Policy Committee responded to the Petition.

The meeting was then opened to debate and concluded with a final reply from the Chairman of Licensing & Planning Policy Committee.

This report sets out the questions submitted which have been accepted under FCR 12, Appendix 4 of the Constitution.

One question had been addressed to the Chair of the Licensing and Planning Policy Committee, to which a written answer had been provided and published.

The Annual Governance Statement (“Statement”) is an important document which provides assurance concerning the Council’s governance arrangements, both financial and non-financial. It is prepared on an annual basis for inclusion in the Statement of Accounts.

The Statement was taken to Audit & Scrutiny Committee for approval in July 2024, as per its terms of reference. The Statement has been brought to Full Council to ensure all Members are conversant with its contents. Please note the information within the Statement is accurate as of 1 July 2024 (as per its production timeline).

The Council received a report presenting the Annual Governance Statement 2023-2024.

Councillor Steven McCormick MOVED the recommendation in the report.

Upon being put the recommendation was CARRIED with 29 votes for, 1 vote against and the Mayor not voting.

Accordingly, it was resolved to:

(1)        Note the Annual Governance Statement 2023-2024 as set out at Appendix 1 to the report.

On 24 February 2025, the biggest changes to public sector procurement for over a decade will take effect with the issue of the Procurement Act 2023. The legislation, brought in after Brexit, has a significant impact on how the council undertakes its procurement.

As a result of these changes the Contract Standing Orders (‘CSOs’), which form part of the council’s Constitution, have been reviewed and updated to ensure that the council will comply with the latest legislation.

This report provides background information to the CSOs and the new Act, their purpose and the key changes.

The report also recommends updates identified through the review which do not directly relate to the new Act.

Council received a report presenting updated Contract Standing Orders in accordance with the recommendation of the Strategy and Resources Committee.

Councillor Neil Dallen MOVED the recommendation in the report.

Upon being put the recommendation was CARRIED with 29 votes for, 1 vote against and the Mayor not voting.

Accordingly, it was resolved to:

(1)       Approve the revisions to the Contract Standing Orders, with respect to the Procurement Act 2023 and document formatting, attached at Appendix 1 to the report.

(2)       Approve the revisions to the Contract Standing Orders, with respect to those not mandated by the Procurement Act 2023, attached at Appendix 1 to the report.

This report presents the extended Municipal Calendar of ordinary meetings from May 2025 to July 2026.

Council received a report presenting the extended Municipal Calendar of ordinary meetings from May 2025 to July 2026.

Councillor Neil Dallen MOVED and Councillor Hannah Dalton SECONDED the recommendation in the report.

Upon being put the recommendation was CARRIED unanimously.

Accordingly, it was resolved to:

(1)       Approve the Municipal Calendar of ordinary meetings for 2025-2026.

This report seeks approval of capital budget to fund phase 2 of replacement of windows at Bourne Hall. Approval is being sought ahead of the usual capital programme cycle, due to be brought to Council in February 2025, to enable the scheme to be coordinated with phase 1 of the windows replacement, being funded by UK Shared Prosperity Funding, so that cost savings may be realised through undertaking works concurrently.

Council received a report seeking approval of capital budget to fund phase 2 of replacement of windows at Bourne Hall. Approval was being sought ahead of the usual capital programme cycle, due to be brought to Council in February 2025. This would enable the scheme to be coordinated with phase 1 of the windows replacement being funded by UK Shared Prosperity Funding, so that cost savings may be realised through undertaking works concurrently.

Councillor Clive Woodbridge MOVED and Councillor Neil Dallen SECONDED the recommendation in the report.

Upon being put the recommendation was CARRIED with 28 votes for, 2 votes against and the Mayor not voting.

Accordingly, it was resolved to:

(1)        Approve a capital expenditure budget of £410,000 for phase 2 of the replacement of windows at Bourne Hall.

To report to the Council a decision taken by the Director of Environment, Housing and Regeneration on the grounds of urgency, in compliance with the requirements of the Constitution.

Council received a report setting out the decisions taken by the Director of Environment, Housing and Regeneration on the grounds of urgency, in compliance with the requirements of the Constitution.

Councillor Neil Dallen MOVED and Councillor Hannah Dalton SECONDED the recommendation in the report.

Upon being put the recommendation was unanimously CARRIED.

Accordingly, it was resolved:

(1)       To note the urgent decision taken and the reasons for that decision.

This report provides the Council with notification of committee decisions taken in accordance with the urgency procedure contained in Annex 4.6 of the Operating Framework.

Council received a report providing notification of committee decisions taken in accordance with the urgency procedure contained in Annex 4.6 of the Operating Framework. The decisions had been taken at meetings of the Licensing and Planning Policy Committee on 24 September 2024 and 20 November 2024.

Councillor Peter O’Donovan MOVED and Councillor Neil Dallen SECONDED the recommendation in the report.

Upon being put the recommendation was unanimously CARRIED.

Accordingly it was resolved to:

(1)       Note the decisions of the Licensing and Planning Policy Committee on 24 September 2024 and 20 November 2024.

This report sets out notices of motions ruled in order.

The Council received one Motion submitted under FCR 14 of Appendix 4 of the Constitution.

Motion 1

The Council unanimously resolved to debate the Motion at the meeting.

In pursuance of the Council’s Rules of Procedure, Councillor Steven McCormick MOVED and Councillor Neil Dallen SECONDED the following Motion.

Motion

“This Council notes that:

Home delivery via motorcycles and pedal cycles from takeaway outlets is becoming increasingly popular. It responds to customer demand, contributes to the local economy, and provides employment opportunities for delivery drivers. However, like some other changes in shopping behaviour and consumer preferences, it can also raise unexpected and sometimes unwanted consequences.

Currently, in too many areas of Epsom & Ewell, high streets and shopping centres are facing a need for parking spaces by delivery drivers and, too often, that is leading to inconsiderate, dangerous and illegal parking on the pavement to the detriment and safety of pedestrians and shoppers and, currently, there is no agreed response from Epsom & Ewell Borough Council.

In light of the factors listed above, this Council agrees to the following actions:

Ask that the Epsom & Ewell Local Planning Authority(LPA) consider the requirements for motorcycle parking in new retail developments and changes of use applications and include necessary policy and supplementary planning documents (where required) to support this requirement.

Write to Delivery companies (Uber Eats, Deliveroo, Just East, etc.) to highlight the issue of motorcycle delivery parking on pavements and issues caused by riding on and across pavements. 

To convene a round-table meeting with all Delivery companies to discuss best practice guidelines for delivery riders in Epsom & Ewell.

Work closely with partners, the Police and Surrey County Council to effectively enforce the current parking restrictions, and where possible to identify measures to discourage all motorised vehicles from accessing the footway.

Identify and highlight current parking areas in Epsom & Ewell that can be accessed and used by delivery riders and work to identify possible new alternative parking areas.”

Upon being put the Council unanimously RESOLVED:

This Council notes that:

Home delivery via motorcycles and pedal cycles from takeaway outlets is becoming increasingly popular. It responds to customer demand, contributes to the local economy, and provides employment opportunities for delivery drivers. However, like some other changes in shopping behaviour and consumer preferences, it can also raise unexpected and sometimes unwanted consequences.

Currently, in too many areas of Epsom & Ewell, high streets and shopping centres are facing a need for parking spaces by delivery drivers and, too often, that is leading to inconsiderate, dangerous and illegal parking on the pavement to the detriment and safety of pedestrians and shoppers and, currently, there is no agreed response from Epsom & Ewell Borough Council.

In light of the factors listed above, this Council agrees to the following actions:

Ask that the Epsom & Ewell Local Planning Authority(LPA) consider the requirements for motorcycle parking in new retail developments and changes of use applications and include necessary policy and supplementary planning documents (where required) to support this requirement.

Write to  ...  view the full minutes text for item 33.

The purpose of this report is to present the Proposed Submission Local Plan (2022-2040) to Full Council with the recommendation that public consultation be undertaken as soon as practically possible and in accordance with our Local Development Scheme (the Local Plan timetable).

The Licencing and Planning Policy Committee on the 20 November 2024 agreed to recommend to Full Council that; the Proposed Submission Local Plan be endorsed as being sound; public consultation should commence on the document as soon as is practically possible for a period of six weeks and that the plan should be submitted for independent examination as soon as is practically possible.

The Regulation 19 consultation is the second consultation stage on the Local Plan prior to the document being submitted for examination by a Planning Inspector appointed by the Secretary of State. The Regulation 19 consultation seeks representations on legal compliance and the four tests of soundness set out in the National Planning Policy Framework (NPPF).

Council received a report presenting the Proposed Submission Local Plan (2022-2040) with the recommendation that public consultation be undertaken as soon as practically possible and in accordance with the Council’s Local Development Scheme (the Local Plan timetable).

The Licencing and Planning Policy Committee on 20 November 2024 agreed to recommend to Full Council that: the Proposed Submission Local Plan be endorsed as being sound; public consultation should commence on the document as soon as is practically possible for a period of six weeks and that the plan should be submitted for independent examination as soon as is practically possible.

Prior to the debate the Mayor informed the Council of the procedure to be followed on this item. The Mayor proposed that the consideration of the item be managed in three different phases:

Phase one would begin with an invitation to the Chair of the Licensing and Planning Policy Committee to introduce the item. Following the Chair’s introduction, the matter will then be opened to all members to make a statement for up to 3 minutes if they wished.

Phase two would commence once all statements had been made and provided an opportunity for any member to seek clarification from the Chair of the Licensing and Planning Policy Committee on any statements of fact within the report.

Phase three would follow after questions of clarification and provided an opportunity for any member who wishes to propose a motion to do so prior to the final reply from the Chair and the vote on the substantive matter.

Accordingly, Councillor Peter O’Donovan MOVED the recommendations in the report and the item was debated following the procedure set out above.

Following debate, and upon being put the recommendations were CARRIED with 16 votes for, 8 votes against and 7 abstentions. In accordance with FCR 4.61 of Appendix 4 to the Constitution, a recorded vote was taken on this matter as detailed below, there being 8 councillors in support of a recorded vote.

Accordingly, it was resolved to:

(1)       Endorse the Proposed Submission Local Plan as being sound.

(2)       Approve that public consultation on the Proposed Submission Local Plan commences as soon as is practicably possible for a period of 6 weeks, dates to be agreed with the Chair of Licensing and Planning Policy Committee.

(3)       Approve the submission of the Proposed Submission Local Plan 2022-2040 and all associated documents, together with a Statement including how the responses from previous consultations have been taken into account and a summary of the main issues raised in the publication stage responses, to the  Secretary of State for independent examination under Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulation as soon as is practically possible following the close of the six week public consultation.

The Council is asked to consider whether it wishes to pass a resolution to exclude the Press and Public from the meeting in accordance with Section 100A (4) of the Local Government Act 1972 on the grounds that the business involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act (as amended) and that pursuant to paragraph 10 of Part 2 of the said Schedule 12A the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Under Section 100(A)(4) of the Local Government Act 1972, the Council passed a resolution by majority decision to exclude the public from the meeting for Part Two of the Agenda on the grounds that the business involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act (as amended) and that pursuant to paragraph 10 of Part 2 of the said Schedule 12A the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

This report has not been published because the meeting is likely to be closed to the press and public in view of the nature of the business to be transacted/nature of the proceedings.  The report deals with information relating to an individual and the public interest in maintaining the exemption currently outweighs the public interest in disclosing the information.

The Council received a report seeking the formal appointment of members to the council’s Independent Remuneration Panel (IRP).

Councillor Hannah Dalton MOVED and Councillor Neil Dallen SECONDED the recommendation in the report.

Upon being put the recommendation was unanimously CARRIED.

Accordingly, it was resolved to:

1)             Appoint the following as members of the Independent Remuneration Panel:

i)               Tricia Bernard-Hector

ii)             John Thompson MBE

This report has not been published because the meeting is likely to be closed to the press and public in view of the nature of the business to be transacted/nature of the proceedings.  The report deals with information relating to an individual and the public interest in maintaining the exemption currently outweighs the public interest in disclosing the information.

Council received a report requesting that the Council appoints Peter Sebastian as its Section 151 (s151) Officer on a permanent basis.

Councillor Neil Dallen MOVED and Councillor Hannah Dalton SECONDED the recommendation in the report.

Upon being put the recommendation was unanimously CARRIED.

Accordingly, it was resolved to:

(1)       Approve the appointment of Peter Sebastian as the Council’s s151 Officer, on a permanent basis, effective as from 20^th January 2025.