TO:      THE CHAIRMAN AND MEMBERS OF BABERGH DISTRICT COUNCIL

5 December 2005

Dear Sir/Madam

A meeting of the Babergh District Council will be held in the Council Chamber, Council Offices, Corks Lane, Hadleigh on TUESDAY, 13 DECEMBER 2005 AT 9.30 A.M.

The proceedings will be opened with Prayer.

Yours faithfully

Acting Head of Legal and Administrative Services

Members are requested to bring with them to the meeting the following papers which have been previously circulated to relevant Committee Members and made available on BEN:-

Papers D241, E161, E183, E197, E218, E218A and E219

Any Member wishing to be supplied with a hard copy of the above reports is asked to contact Committee Services prior to the day of the meeting.

ITEM

BUSINESS

PART I

	1	MINUTES   To confirm and sign the Minutes of the meeting held on 18 October 2005 as a correct record.
	2	DECLARATION OF INTERESTS   Members to declare any interests as appropriate in respect of items to be considered at this meeting.
	3	APOLOGIES FOR ABSENCE   To receive apologies for absence.
	4	CHAIRMAN'S ANNOUNCEMENTS
	5	TO RECEIVE NOTIFICATION OF PETITIONS IN ACCORDANCE WITH COUNCIL PROCEDURE RULE NO. 13   In accordance with Council Procedure Rule No.13, the Chief Executive will report the receipt of petitions as detailed below.  There can be no debate or comment upon this matter at the Council meeting.   Nuisance of ball games, Chaplin Road, East Bergholt   Petition signed by approximately 23 residents relating to the above.
	6	RECOMMENDATIONS AND REPORTS FROM COMMITTEES
Paper E161 previously circulated		(a)      Annual Report of Development Committee (Overview and Scrutiny (Community Services) Committee Minute No. 36 and Strategy Committee Minute No. 72(b))   At the Strategy Committee meeting held on 10 November 2005,            Mr C J Hunt, Chairman of the Overview and Scrutiny (Community Services) Committee presented the recommendations of that Committee.   The recommendations of the Overview and Scrutiny (Community Services) Committee were proposed and seconded.  A discussion then ensued over concerns relating to the level of training and which Members should be provided with the training.   An amendment was proposed and seconded relating to Substitute Members also being included in the training protocol. On being put to the vote the amendment was carried, and this is included in the recommendation referred to below.              RECOMMENDED   That Members and Substitute Members of the Development Committee should be required to undertake a minimum of 4 half-day training sessions per year (such training to be open to Non-Members of the Development Committee).                     Note:    The Standards Committee at its meeting on 29 November 2005 resolved to grant a dispensation to Members and Substitute Members of the Development Committee when this matter is   considered.
Paper E183 previously circulated                                 Paper E228		(b)     IEG 5 Statement (Strategy Committee Minute No. 80)             The Head of Organisational Development submitted a Report (Paper E183) advising that as part of the funding process for e-Government projects it is necessary for the Council to complete and return an IEG5 Statement to the Office of the Deputy Prime Minister.  It was noted that work on the Statement would continue on an on-going basis and that any necessary refinements would be made as a result of additional work undertaken.             RECOMMENDED TO COUNCIL             That the IEG5 Statement attached as Appendix A to Paper E183 be submitted to the ODPM subject to the Head of Organisational Development, in consultation with the e-Government Steering Group, making any necessary changes as work is completed that affects the Statement to ensure the IEG5 Statement correctly reflects the situation at 31 December 2005.            Since the Strategy Committee meeting further work affecting the IEG Statement has been undertaken and this has been reflected in Paper E228 attached.  The Council will be requested to approve the Recommendation contained in this Paper.
Papers E218 and E218A  previously circulated		(c)      Babergh Local Plan (Alteration No. 2) Proposed Post Enquiry Modifications (Strategy Committee Minute No. 97)             The Acting Head of Planning Policy and Economic Development submitted a report (Paper E218) advising that the Council’s emerging Local Plan has been under preparation since 1998 and is now approaching the final stages towards its adoption.             Having received the Inspector’s report following the Inquiry, the Council must now consider his report, its recommendations and the Council’s responses to those recommendations.  At this stage the Council must consider whether to promote a number of changes (post Inquiry modifications) that are likely to be the final changes proposed.             Paper E218 summarises the main recommendations and issues for each part of the plan and details the actual proposed responses to every recommendation in Appendix A to Paper E218.             The Inspector proposed a number of post Inquiry modifications and these are recommended to Members for approval and incorporation into the Local Plan.  Members were requested to agree the proposed response to each recommendation and endorse the proposed modifications for public consultation in early 2006.             The Acting Head of Planning Policy and Economic Development also referred to Paper E218A which covered additions to Paper E218 that could not be addressed at the time the Agenda papers were circulated.             In introducing Papers E218 and E218A the Acting Head of Planning Policy and Economic Development presented each of the Chapters individually.  Clarifications were given and discussions on each chapter were taken after its introduction.             During the consideration of Chapter 11, Mr J J Quinlan declared a personal interest by virtue of  Membership of the Hadleigh Town Council but indicated that he would speak and vote on the matter.                     RECOMMENDED             (1)          That the Inspector’s report be welcomed and it be noted that in all the most substantive cases the Inspector endorses the Council’s position in its emerging Local Plan.
Paper E229           Paper E219 previously circulated		(2)           That subject to the response of the Inspector in relation to the need for clarification (raised by the Council) on Policy HS08a, set out at paragraph 4.14 of Paper E218, and noting the need for officers to report on the remaining matter set out at paragraph 4.10 (Development in villages), the proposed responses to each recommendation attached as Appendix A (Statement of Decisions) to Paper E218 be agreed for public consultation.           (3)            That the proposed Post Inquiry Modifications attached as Appendix B to Paper E218 be agreed for public consultation.           (4)            That the proposed wording citing the likely need for a Compulsory Purchase Order (CPO) to facilitate the means of access for a new supermarket on the Brett Works site, as proposed in paragraph 4.30 of Paper E218, be agreed.           (5)            That the proposed wording citing the likely need for a CPO to facilitate the principal means of access for the overall Chilton development package, as proposed in paragraph 4.35 of Paper E218, be agreed.           (6)            That the changes listed at paragraph 2.1 of  Paper E218A be agreed.           (7)            That the Acting Head of Planning Policy and Economic Development be authorised to include the additional changes above into the schedules (at Appendices A and B to Paper E218), plus any full revised/clarified text.           Report by the Acting Head of Planning Policy and Economic Development attached.   (d)    Babergh Local Development Scheme (Strategy Committee Minute No.98 )                 The Acting Head of Planning Policy and Economic Development submitted a report (Paper E219) advising that the Council has produced a detailed programme for producing the new portfolio of documents that will eventually replace the current (emerging) Local Plan: the new Local Development Framework (LDF).           The current Local Development Scheme (LDS) provides this detailed programme listing the documents that will make up the new LDF and when these will be produced.  It is now necessary to revise the LDS due to some key considerations, in particular the overriding need to prioritise adoption of the emerging Local Plan.           RECOMMENDED           (1)            That the Acting Head of Planning Policy and Economic Development be authorised to submit the revised Local Development Scheme for Babergh appended to Paper E219 to the Secretary of State.           (2)            That the revised Local Development Scheme for Babergh be adopted with effect from 1 February 2006 unless the following has been received:                           (a)          a direction from the Secretary of State under Section 15(4) of the Planning and Compulsory Purchase Act 2004: or                           (b)          notice that the Secretary of State requires more time to consider the Scheme.
Paper D241 previously circulated	7	REVIEW OF CONSTITUTION   The Acting Head of Legal and Administrative Service and Chief Executive to report that the Council meeting in February 2005 considered a report (Paper D241) on the Review of the Constitution.   A number of items were agreed but the meeting noted that Strategy Committee had decided to defer certain matters for further consideration as part of a more comprehensive review of the constitution, initially through the political Groups and a Members’ Seminar. These matters related to:- O and S Committees to meet before Strategy in the Committee cycle Roles and Terms of Reference of Committees Reporting procedure when developing policy Meetings of PLG to be linked to revised committee cycle Member Champions Monitoring progress made in achieving approved outcomes for each priority Single issue public meetings to be held Working groups to increase opportunities for persons to attend (evening meetings)   The Review of the Constitution including a possible new Committee Structure has been discussed at a Members’ Seminar and at Political Leaders Group meetings.  However, from feedback via the Political Leaders Group, there appears to be insufficient support amongst Members to implement a review of the Committee Structure at the present time.   The meeting will be asked to:-   (a)        Provide guidance on the timing and potential scope of any further review of the Council’s constitution, having regard to the responsibility of the Overview and Scrutiny (Stewardship) Committee to keep the constitution under review.   (b)        Confirm whether any or all of the deferred matters referred to above should be considered further in advance of any such review.
Paper E230	8	TIMETABLE OF MEETINGS   Members are asked to approve the draft timetable (Paper E230 attached) prepared by the Acting Head of Legal and Administrative Services and which has been the subject of consultation with Management Team, Heads of Service and the Political Group Leaders.
	9	APPOINTMENT OF MEMBERS   (a)   Strategy Committee           The Labour Group have advised of changes to their composition of Committees.           It is recommended  that Mr J J Quinlan replace Mr A C Bavington on the Strategy  Committee and that Mr A C Bavington be appointed as the substitute Member.   (b)   E-Government Steering Group           Mr P J Holbrook has resigned from the E-Government Steering Group.          When the Group was first established, one Member from each of the Political Groups was appointed.           Mr A J Hinton has indicated that he would be prepared to serve on the group.   (c)   Relate                 Mrs E F Bates has resigned as the Council’s representative on the above body.           Consideration will be given to appointing a replacement representative.  The Board meets around six times a year in the evenings, at either Norwich or Bury St Edmunds.
		(d)     Foundation Board University Campus, Suffolk            The Political Leaders Group are recommending that the Council appoint a representative to serve on the Foundation Board for the University Campus, Suffolk (UCS).            The Board will provide advice on the strategic development, promote the establishment, raise funds and receive an annual report of the UCS.             It is envisaged that the Board will meet quarterly in the first year and six monthly thereafter.
	11	EXCLUSION OF PUBLIC   To consider whether pursuant to Section 100A(4) of the Local Government Act 1972, the public should be excluded from the meeting for the business specified below, on the grounds that if the public were present during this item, it is likely that there would be the disclosure to them of exempt information as indicated against the item.
Paper E197 previously circulated	12	PART II   PUBLICATION OF MEMBERS INTERESTS ON THE COUNCIL WEBSITE (Standards Committee Minute No. 33) (Exempt information by virtue of paragraph 7 of Part 1)   The Acting Head of Legal and Administrative Services submitted a report (Paper E197) on the publication of the Register of Members’ Interests on the Council website.  Neither the Standards Board for England nor the Information Commission were able to provide specific advice but commented that there may be Data Protection Act issues to consider before any decision was made on publication.  Members were concerned about the growth of identity theft and crimes relating to the access of personal information via the internet and therefore agreed that each individual should have the choice of whether their Register of Interests should be made available on the Council’s website.  The website should however make it clear that the Register was available for public inspection at the Council Offices.   RECOMMENDED   That the publication of the District Councils’ Register of Interests on the Council’s website be voluntary and Members can decide whether to opt in to publication rather than having to give a reason to opt out.

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