The Chair was authorised to sign the Minutes of the Council meeting held on 31 July 2023 as a correct record of the proceedings. 

Apologies for absence were received from Councillors B.J. Drayson and N. Gordon.

To receive any disclosure by Members of personal and disclosable pecuniary interests in matters on the agenda, the nature of any interest and whether the Member regards the personal interest as prejudicial under the terms of the Code of Conduct.  Members are reminded of the need to repeat their declaration immediately prior to the commencement of the item in question.

Declarations of interest were made by Councillors in the Minutes as indicated below:

Coupar                      Agenda Item 16 – Personal Interest as a Council appointed Director of the Council’s wholly owned Housing Company, Rother DC Housing.

Field                           Agenda Item 15 – Personal Interest as an elected Member of East Sussex County Council.

Mrs Kirby-Green      Agenda Items 12 and 15 – Personal Interest as an elected Member of East Sussex County Council.

Maynard                    Agenda Items 12 and 15 – Personal Interest as an elected Member of East Sussex County Council.

Prochak                     Agenda Item 11 – Personal Interest as a Council appointed Trustee on the Board of the De La Warr Pavilion.

Thomas                     Agenda Item 16 – Personal Interest as the Chairman of the Council’s wholly owned Housing Company, Rother DC Housing.

Timpe                         Agenda Item 11 – Personal Interest as a Council appointed Trustee on the Board of the De La Warr Pavilion.

The Chair made the following announcements:

·           The Chair thanked her fellow councillors who joined her at the Civic Service at St Mary’s Church in Battle yesterday afternoon as they solemnly declared “that they would do their best during their term of office to exercise the responsibility committed to them wisely, diligently and faithfully, mindful of the good of the community and the needs of the people they served.”

·           At the service, the Chief Executive read that “we should live in harmony with one another and be willing to associate with people of low position.  To be careful to do what is right in the eyes of everyone and if it is possible, as far as it depends on you, live at peace with everyone”.  She ended with the words ‘If your enemy is hungry, feed him; if he is thirsty, give him something to drink.”  The Chair thanked the Chief Executive for her lovely words well read.

·           August had been quiet Council meeting wise, but both Vice-Chair Councillor Thomas and the Chair had been busy representing Rother District Council at various events.

·           The Chair opened the Polegrove Open bowls tournament on Monday 7 August and, with the Mayor of Bexhill, bowled the first balls on pristine greens; she commended IDVERDE for their immaculate tending of this part of the Polegrove and Bexhill.  The Chair returned on the Saturday to present awards and to thank all those who took part.

·           On 15 August, the Chair unveiled an info board in Barrack Road Memorial Gardens, originally the cemetery of the Bexhill Barracks circa 1798-1820, where soldiers and families of soldiers from King George 3rd's Kings German Legion were laid to rest.

·           The Chair was pleased to be invited to join the Mayor of Bexhill on a part of her walk about along the promenade at Bexhill to celebrate Bexhill Day. Listening to some great music along the prom, the Chair was stopped by several residents to ask what was going on! When the Lancaster flanked by a Spitfire and a Hurricane flew low over the sea the only sound you could hear were the engines as all the people around were silent. Later, the Chair stood with the Mayor and members of the British legion who dipped their flags in honour as the Lancaster appeared again swooping from Beachy Head low over the sea. It was magnificent!

·           On Monday 21 August, the Chair and her husband Ron were guests of the ABF, The Soldiers Charity which is the Army’s national charity, here for soldiers, past and present, and their families for life, at the Brighton Race meeting.  They travelled by train and bus to the event, but being complete novices, they had no idea how to place a bet and were grateful for some gentle guidance and after some light flutters they came home £1.90 up.

·           On 15 September, the Chair and her husband Ron were guests of the Heritage Railway Association and the Kent and East Sussex (KES) Railway.  Hauled by  ...  view the full minutes text for item C23/42.

1.    In accordance with paragraph 3.2(a) of the Council Procedure Rules, the Chair of Council exercised her discretion to vary the order of business so that this item was taken at this point in the Agenda.

2.    The Council had received a petition from Nigel Jacklin relating to Northeye Asylum Seeker Centre Proposals and it had been requested that the petition be debated by full Council.  The petition contained over 1,500 signatures from those who resided, worked or studied in the Rother area and therefore met the criteria for debate at full Council.

3.    The Petition received requested the following:

“We demand that Rother District Council OPPOSE Northeye Asylum Seeker Centre Proposals.”

4.    Nigel Jacklin addressed the Council for five minutes and thanked all the people who helped to get signatures, those who had signed the petition and Councillor Mrs Cook, for encouraging them to engage with the democratic process as well as the Chief Executive and Democratic Services for their help. Mr Jacklin proceeded to outline the background and rationale for the Petition and requested that the Council:

Ø publicly stated its opposition to the proposals;

Ø immediately ensured that the residents views were represented; and

Ø actively opposed the new emergency legislation and took legal action if the Home Office decided to go ahead.

5.    In accordance with the Petition Scheme, the Council had 15 minutes in which to debate the Petition.  The Chair of Council invited the Leader of the Council to respond, then all Group Leaders, both local Ward Members and followed by any other Member who wished to speak. 

6.    At the conclusion of the debate, it was moved by Councillor Oliver, seconded by Councillor Bayliss and

RESOLVED (unanimously): That the Council:

1)    will use all its powers to press the Home Office to provide full details of precisely what it is proposing for the site;

2)    will press the Home Office to ensure that it engages fully with all stakeholders and attends all liaison meetings; and

3)    is fully committed to using all its powers to ensure that any use of the site is lawful and acceptable in planning terms having regard to the Local Plan, national policy and other material planning considerations.

(When it first became apparent, Councillors Field, Maynard and Mrs Kirby-Green each declared a personal interest in this matter as elected Members of East Sussex County Council and in accordance with the Code of Conduct remained in the room during the consideration thereof).

1.     Pursuant to Paragraph 11 of the Council Procedure Rules the following question was put by Nigel Jacklin and answered by Councillor Oliver.

Question: My question relates to the Home Office proposals to use the Northeye site to accommodate 1,200 male asylum seekers.  As you will be aware, these plans were announced in March this year with the original plan being to move the men in from September onwards.  At the time of writing (21st August) the site still remains in the hands of a private investment company who took ownership of the site in August 2022.  This followed a tip off by an employee of the previous owner that the site would be sold and used to house asylum seekers.  I am aware that the Council has participated in legal actions on this issue relating to similar use of a site in Essex and am of the opinion that Rother District Council are best placed to make a legal challenge if the proposals go ahead.

My question is: Given the widespread local opposition to the camp, why hasn’t the Council stated publicly that it opposes the proposals to use the site for the above purposes? 

Answer:  The answer to this question has been provided in the meeting, therefore it would only be repeating what I have already said.

Supplementary Oral Question: I do believe that some of the “unknowns” that you referred to in the previous 15 minutes are actually “knowns”.  I believe that in the judicial review disclosure, a Home Office e-mail suggests that Northeye would be used for a minimum of five years.  I believe you also do know how local residents feel about it, and so, whilst I do also believe that you know or expect it to be imposed on us through the use of emergency legislation, which means that your Planning Committee would be bypassed, and so in that respect I would ask whether you could reconsider, voting to oppose it?

Answer: Well, none of those questions you ask, we know the answer to, I assure you, we do not know the answers to those questions that you have just posed then, and that is where we are at the moment.  It is exasperating for us to deal with uncertainty when the Home Office cancel meetings, when they should have been at meetings with other representatives from East Sussex and various other larger sites and they do not turn up.  We have asked these questions time and time again but we do not get any answers so I am sorry I cannot be more helpful than that.

2.     Pursuant to Paragraph 11 of the Council Procedure Rules the following question was put by Sharon Blagrove and answered by Councillor Oliver.

Question:Rother District Council imposed a flat rate trial £30 parking cost on the Central Carpark at Camber recently, without any consultation.

The traders in that area have suffered significant financial losses because of the low footfall mainly due to the cost to park,  ...  view the full minutes text for item C23/44.

It was moved, seconded and agreed that Council Procedure Rules 15.4 (content and length of speeches) and 15.5 (when a Member may speak again) be waived for the duration of this item.

The Chair of the Council welcomed Stewart Drew, Director and Chief Executive Officer of the De La Warr Pavilion (DLWP) Charitable Trust to the meeting, who proceeded to present the annual report to Members.  Members had been in receipt of a written report that set out in summary the activities and achievements of the DLWP Charitable Trust during the financial year 2022/23.

Following the presentation, Members asked a number of questions and congratulated Stewart Drew on the 2022/23 successes of the DLWP, particularly focusing on the equalities, diversity and inclusive agenda as well increased engagement with young people, particularly from the most deprived areas of the district.  The Chair thanked Stewart Drew on behalf of the Council for his informative and interesting presentation.

(Councillors Prochak and Timpe each declared a Personal Interest in this matter as Council appointed Trustees on the Board of the De La Warr Pavilion and in accordance with the Code of Conduct remained in the room during the consideration thereof).

4 September 2023

Ø  Lawn Tennis Association Tennis Foundation Grant (CB23/23)

1.     It was moved by Councillor Oliver and seconded that the report of the meeting of the Cabinet held on 4 September 2023, as set out in the Agenda be approved and adopted.

2.     The Chair of the Council having called over the reports, the Minute was not reserved for discussion.

3.     On the Motion of the Chair of the Council, duly seconded, the Council approved and adopted the following report:

CB23/23 – Lawn Tennis Association Tennis Foundation Grant

26 July 2023

Ø  Independent Person (Standards) - Proposed Extension to Term of Office (AS23/18)

1.         It was moved by Councillor Barnes and seconded that the report of the Audit and Standards Committee held on 26 July 2023, be approved and adopted.

2.         The Chair of the Council having called over the report, the only Minute was reserved for discussion:

AS23/18 – Independent Person (Standards) – Proposed Extension to Term of Office

3.         On the Motion of the Chair of the Council, the Council proceeded to deal with the reserved Minute.

Audit and Standards Committee – 26 July 2023

AS23/18 – INDEPENDENT PERSON (STANDARDS) – PROPOSED EXTENSION TO TERM OF OFFICE

RESOLVED: That Minute AS23/18 be approved and adopted, as submitted.

It was moved by Councillor Barnes and seconded that the Annual Report of the Audit and Standards Committee on audit related matters as set out within the Agenda be received. 

RESOLVED: That the report be received.

30 August 2023

Ø  Home Working Allowance (HR23/08)

1.     It was moved by Councillor Oliver and seconded that the report of the Human Resources Committee held on 30 August 2023, be approved and adopted.

2.     The Chair of the Council having called over the report, the Minute was not reserved for discussion.

3.     On the Motion of the Chair of the Council, duly seconded, the Council approved and adopted the following report:

HR23/08 – Home Working Allowance

MOTION ON THE PROTECTION OF FIRE SERVICES FOR ROTHER

That Council adopt the following statement:

1.        “This Council values the importance of local fire service provision, and is of the view that the reduction of crew, engines or operational hours would not be desirable as it could present an increased risk to public safety”;

2.        That Council ask the appropriate officer(s) to engage with East Sussex Fire Authority on their review of fire service provision; and

3.        That the Chief Executive be requested to write to local MPs to ask that Government funding be sought to protect essential services for the District.

In accordance with Council Procedure Rule 13, consideration was given to the following Motion moved by Councillor Legg and seconded by Councillor Creaser:

That Council adopt the following statement:

1.     this Council values the importance of local fire service provision, and is of the view that the reduction of crew, engines or operational hours would not be desirable as it could present an increased risk to public safety;

2.     that East Sussex Fire Authority are informed of this Motion and asked to keep the Council updated on any developments relating to their review of fire service provision through the Council’s Community Safety Co-Ordinator; and

3.     that the Chief Executive be requested to write to local MPs to ask that Government funding be sought to protect essential services for the District.

It was moved by Councillor John Barnes and seconded by Councillor Winter that the Motion be amended by the entire deletion of 2. and 3. and the substitution thereof the following:

2.     Council ask that the Overview and Scrutiny Committee and Cabinet engage with East Sussex Fire and Rescue Service if and when there is a review of fire service provide; and

3.     Requests that the Chief Executive write to the local Members of Parliament to ask the Government to agree a three-year settlement for the Fire Authority and temporary removal of the referendum cap.

The Amendment being put forward was declared LOST.

RESOLVED: That the Motion on being put was declared CARRIED as follows:

1)     this Council values the importance of local fire service provision, and is of the view that the reduction of crew, engines or operational hours would not be desirable as it could present an increased risk to public safety;

2)     that East Sussex Fire Authority are informed of this Motion and asked to keep the Council updated on any developments relating to their review of fire service provision through the Council’s Community Safety Co-Ordinator; and

3)     that the Chief Executive be requested to write to local MPs to ask that Government funding be sought to protect essential services for the District.

(When it first became apparent, Councillor Mrs Kirby-Green declared a Personal Interest in this matter as an elected Member of East Sussex County Council and that she had attended a meeting of the Fire Authority as a substitute Member in December 2022 and in accordance with the Code of Conduct remained in the room during the consideration thereof).

(When it first became apparent, Councillor Maynard declared a Personal Interest in this matter as an elected Member of East Sussex County Council and in accordance with the Code of Conduct remained in the room during the consideration thereof).

To regularise an administrative error, the officer scheme of delegations for the Planning Service, attached at Appendix 1 to the report had been resubmitted for approval. 

RESOLVED: That the officer scheme of delegations in respect of the Planning Service, attached at Appendix 1 be approved and adopted.

In accordance with the delegated authority granted to the Chief Executive at the July meeting, an external Interim Monitoring Officer had been appointed. 

In accordance with the Section 5 of the Local Government and Housing Act 1989, the Council was required to formally designate Linda Walker as the Monitoring Officer. 

RESOLVED: That Linda Walker be designated as the Council’s Interim Monitoring Officer with effect from 19 September 2023.

In accordance with Rother DC Housing Company’s Articles, the Council was required to appoint all directors to the Board of the Company. Following a comprehensive recruitment process in consultation with the Shareholder Representative and Leader of the Council, it was recommended John Cudd and Paul Whitnall be appointed to the Board of directors to provide independent knowledge, skills and expertise required to enable the Company to operate effectively as a commercial entity.

RESOLVED: That:

1)     John Cudd be appointed a non-executive director of Rother DC Housing Company Ltd with effect from 18 September 2023; and

2)     Paul Whitnall be appointed a non-executive director of Rother DC Housing Company Ltd with effect from 18 September 2023.

(Councillors Coupar and Thomas declared a Personal Interest in this matter as a Council appointed Director and Chairman of the Council’s wholly owned Housing Company, Rother DC Housing respectively and in accordance with the Code of Conduct remained in the room during the consideration thereof).

(The Chair of Council had accepted this item onto the Agenda as an Additional Agenda Item to enable Council to consider this matter which could not wait until the next scheduled meeting of Full Council on 18 December 2023).