Agenda and minutes

119.1  Members held a minute’s silence in honour of Her Majesty, the late Queen Elizabeth II.

120.1  Apologies were received from Cllr Albury, Cllr Britton, Cllr Cooper, Cllr Joy, Cllr McKnight and Cllr Oxlade.

120.2  Apologies for the morning session were received from Cllr Montyn. Apologies for the afternoon session were received from Cllr Bence and Cllr Bennett. Cllr Baldwin was absent for the afternoon session.

120.3  Cllr Chowdhury, Cllr Markwell and Cllr McGregor left at 3.30 pm, Cllr N Dennis, Cllr Forbes and Cllr Oppler at 4.00 pm and Cllr Burgess, Cllr Gibson, Cllr Mitchell and Cllr Nagel left at 4.15 pm.

Members are asked to disclose any pecuniary or personal interests in matters appearing on the agenda.

121.1  Members declared interests as set out at Appendix 1.

The Council is asked to confirm the minutes of the ordinary meeting of the County Council held on 15 July 2022.

122.1  It was agreed that the minutes of the Ordinary Meeting of the County Council held on 15 July 2022 (pages 5 to 28) be approved as a correct record.

To receive the County Returning Officer’s return of the by-election held on 8 September 2022 for the Felpham electoral division.

123.1The Council received the County Returning Officer’s return of the by-election on 8 September 2022 for the county councillor for the Felpham electoral division (page 29).

The County Council must, following a by-election, review the proportionality on its committees. An explanation of the proportionality rules and how they are applied together with a table showing the number of seats on committees is attached.

124.1  The County Council noted the review of proportionality on its committees following the by-election. A paper on the application of the proportionality rules and how they were applied, together with a table showing the number of seats on committees, was set out on pages 31 and 32.

124.2  Resolved –

That the proportionality be approved.

Following the by-election, to consider any proposed changes to appointments. Proposals will be circulated. Changes will take effect from the end of the meeting.

125.1  The Council approved appointments as set out below.

The County Council is asked to approve arrangements for the designation of the Section 151 Officer in the light of a report by the Director of Law and Assurance.

126.1  The County Council was asked to approve arrangements for the designation of the Section 151 Officer in the light of a report by the Director of Law and Assurance (pages 33 and 34).

126.2  Resolved –

(1)         That the action taken to approve the designation of the role of Section 151 Officer arising on its vacancy and prior to the arrival of a permanent post holder, as set out in paragraph 5 of the report, be approved; and

(2)         That the statutory role of Section 151 Officer (Chief Finance Officer) be vested in the post of Director of Finance and Support Services, to be held by Taryn Eves with effect from 8 November 2022.

At the discretion of the Chairman, to receive an address by a Cabinet Member on a matter of urgency and/or significant interest to the County Council and which relates to the powers and responsibilities of the County Council or which affects the Council.

127.1  Members received an address by the Cabinet Member for Children and Young People on the Ofsted inspection of Teasel Close children’s home and by the Cabinet Member for Community Safety, Fire and Rescue on HMICFRS inspection of the Fire & Rescue Service.

The Council is asked to consider the discontinuance of County Local Forums, following a one-year trial, in the light of a report by the Governance Committee.

128.1  The Council considered the discontinuance of County Local Forums, following a one-year trial, in the light of a report by the Governance Committee (pages 35 to 38).

128.2  Resolved –

That County Local Forums be ceased.

The Council is asked to consider a number of constitutional matters. These include the recommended continuance of the Fire & Rescue Service Scrutiny Committee, the term of office of members of the Independent Remuneration Panel, the governance arrangements of the Property Joint Venture Partnership, matters relating to the Pension Advisory Board and the Pensions Committee, the description of urgent and short notice decisions in Standing Orders and proposals relating to stopping up orders, in the light of a report by the Governance Committee.

129.1  The Council considered a number of constitutional matters in the light of a report by the Governance Committee (pages 35 to 56). These included the continuance of the Fire & Rescue Service Scrutiny Committee, the term of office of members of the Independent Remuneration Panel, the governance of the Property Joint Venture Partnership, matters relating to the Pension Advisory Board and the Pensions Committee, the description of urgent and short notice decisions in Standing Orders and technical proposals relating to stopping up orders for rights of way.

129.2  Resolved –

(1)        That the continuation of the arrangements for scrutiny of the Fire and Rescue Service be approved;

(2)        That the term of office for members of the Independent Remuneration Panel, as set out in Part 3, Appendix 13 of the Council’s Constitution, be amended from a maximum of two four-year terms to a maximum of three four-year terms;

(3)        That the proposed changes to Appendix 3 and the new Appendix 22 of Part 3 of the Constitution, as set out at Appendix 1 to the report, be approved;

(4)        That the Leader be recommended to add the role of the Cabinet Member for Finance and Property in the governance arrangements to the list of portfolio responsibilities in Part 3, Appendix 2 of the Constitution, as set out at Appendix 2 to the report;

(5)        That that Part 3, Appendices 7 and 19 of the Council’s Constitution be amended, as set out at Appendix 3 to the report, to state that no person may be a Board member and also a member of the Pensions Committee;

(6)        That the constitution of the Pensions Committee in Part 3, Appendix 7, be amended, as set out at Appendix 3 to the report, to show that the Cabinet Member with responsibility for the Finance portfolio is ex-officio Chairman of the Pensions Committee;

(7)        That the Leader be recommended to amend the portfolio responsibilities of the Cabinet Member for Finance and Property in Part 3, Appendix 2, as set out at Appendix 2 to the report;

(8)        That Part 4, Section 1 of the Constitution be amended with new wording on urgent and short notice decisions and removal of references to the Executive Decision Database, as set out at Appendix 4 to the report; and

(9)        That the changes to Part 3, Appendix 4 of the Council’s Constitution relating to stopping up order applications, as set out at Appendix 5 to the report, be approved.

The Council is asked to note the Armed Forces Covenant Annual Report 2021/22.

130.1  The Council considered the Armed Forces Covenant Annual Report 2021/22 (pages 59 to 60).

130.2  Resolved –

That the report be noted.

To note urgent action taken under regulation 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

131.1  The report of urgent action taken under regulation 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (pages 61 and 62) was noted.

Questions to the Leader and Cabinet Members on matters in the Cabinet report, written questions and any other questions relevant to their portfolios. Members may also ask questions of the Leader on anything current, relevant to the County Council. The report covers portfolio-related business since the meeting of the Council on 15 July 2022. A supplementary report may be published.

(2 hours is allocated for Question Time)

132.1  Members asked questions of members of the Cabinet on matters relevant to their portfolios and asked questions of chairmen, as set out at Appendix 3. This included questions on those matters contained within the Cabinet report (pages 63 to 68) and a supplementary report (supplement page 1) and written questions and answers pursuant to Standing Order 2.38 (set out at Appendix 2).

To debate the following motion, submitted by Cllr Lord, notice of which was given on 27 September 2022.

‘Following the Government’s announcement that they will lift the moratorium on shale gas production and potential changes to planning for hydrocarbons, this Council:

(1)         Requests that any changes to national policy are kept under review to ensure that West Sussex County Council maintains the tightest possible controls on oil and gas exploration and production within West Sussex;

(2)         Asks the Leader to write to our MPs and relevant ministers to remind them of this Council’s position, agreed in 2018, that all planning applications for oil and gas exploration and production should remain with local authorities; and

(3)         Affirms that, while all planning applications will continue to be treated on their individual merits, it believes the future for West Sussex is in renewable energy production not oil and gas.’

133.1  The following motion was moved by Cllr Lord and seconded by Cllr Cherry.

          ‘Following the Government’s announcement that they will lift the moratorium on shale gas production and potential changes to planning for hydrocarbons, this Council:

(1)         Requests that any changes to national policy are kept under review to ensure that West Sussex County Council maintains the tightest possible controls on oil and gas exploration and production within West Sussex;

(2)         Asks the Leader to write to our MPs and relevant ministers to remind them of this Council’s position, agreed in 2018, that all planning applications for oil and gas exploration and production should remain with local authorities; and

(3)         Affirms that, while all planning applications will continue to be treated on their individual merits, it believes the future for West Sussex is in renewable energy production not oil and gas.’

133.2  An amendment was moved by Cllr Urquhart and seconded by Cllr Kenyonas set out below and accepted by Cllr Lord and her seconder:

          ‘Following the Government’s announcement that they will lift the moratorium on shale gas production, supporting it where there is local community support for it, and potential changes to planning for hydrocarbons, this Council:

(1)        Notes that The British Geological Survey has confirmed that the geology of the Weald Basin, which includes West Sussex, means that there is no significant shale gas potential;

(21)   Requests that any changes to national policy will continue to be are kept under review to ensure that West Sussex County Council maintains the tightest possible planning controls on development oil and gas exploration and production within West Sussex;

(32)   Asks the Leader to write to our MPs and relevant ministers to remind them of this Council’s position, agreed in 2018, that all planning applications for oil and gas exploration and production should remain with local authorities; and

(43)   Affirms that, while all planning applications will continue to be treated on their individual merits, it believes the future for West Sussex is in renewable energy production not oil and gas as evidenced by the Rampion wind farm, numerous solar farms and the exciting hydrogen projects underway.’

133.3  The motion, as amended, was put to a recorded vote under Standing Order 3.35.

(a)        For motion – 57

Cllr Ali, Cllr Atkins, Cllr Baxter, Cllr Boram, Cllr Bradbury, Cllr Burgess, Cllr Burrett, Cllr Cherry, Cllr Condie, Cllr Cornell, Cllr Crow, Cllr J Dennis, Cllr N Dennis, Cllr Duncton, Cllr Dunn, Cllr Elkins, Cllr Evans, Cllr Forbes, Cllr Gibson, Cllr Greenway, Cllr Hall, Cllr Hillier, Cllr Hunt, Cllr Johnson, Cllr A Jupp, Cllr N Jupp, Cllr Kenyon, Cllr Kerry-Bedell, Cllr Lanzer, Cllr Linehan, Cllr Lord, Cllr Marshall, Cllr McDonald, Cllr Mercer, Cllr Milne, Cllr Mitchell, Cllr Montyn, Cllr Nagel, Cllr Oakley, Cllr O’Kelly, Cllr Oppler, Cllr Patel, Cllr Payne, Cllr Pendleton, Cllr Pudaloff, Cllr Quinn, Cllr Richardson, Cllr Russell, Cllr Sharp, Cllr Smith, Cllr Sparkes, Cllr Turley, Cllr Urquhart, Cllr  ...  view the full minutes text for item 133.

To debate the following motion, submitted by Cllr Duncton, notice of which was given on 28 June 2022.

‘The financial implications of the Government’s social care reforms which are due to be implemented next year will be significant for West Sussex County Council. With the recent changes in government, this Council requests that the Leader and Cabinet Member for Adults Services lobby the Government for confirmation of the timetable for these reforms and for adequate funding to enable the Council to implement the changes equitably and with minimum impact on the Council’s budget.’

134.1  The following motion was moved by Cllr Dunctonand seconded by Cllr Patel.

‘The financial implications of the Government’s social care reforms which are due to be implemented next year will be significant for West Sussex County Council. With the recent changes in government, this Council requests that the Leader and Cabinet Member for Adults Services lobby the Government for confirmation of the timetable for these reforms and for adequate funding to enable the Council to implement the changes equitably and with minimum impact on the Council’s budget.’

134.2  The motion was put to a recorded vote under Standing Order 3.35.

(a)        For motion – 50

Cllr Ali, Cllr Atkins, Cllr Baxter, Cllr Boram, Cllr Bradbury, Cllr Burrett, Cllr Cherry, Cllr Condie, Cllr Cornell, Cllr Crow, Cllr J Dennis, Cllr Duncton, Cllr Dunn, Cllr Elkins, Cllr Evans, Cllr Greenway, Cllr Hall, Cllr Hillier, Cllr Hunt, Cllr Johnson, Cllr A Jupp, Cllr N Jupp, Cllr Kenyon, Cllr Kerry-Bedell, Cllr Lanzer, Cllr Linehan, Cllr Lord, Cllr Marshall, Cllr McDonald, Cllr Mercer, Cllr Milne, Cllr Montyn, Cllr Oakley, Cllr O’Kelly, Cllr Patel, Cllr Payne, Cllr Pendleton, Cllr Pudaloff, Cllr Quinn, Cllr Richardson, Cllr Russell, Cllr Sharp, Cllr Smith, Cllr Sparkes, Cllr Turley, Cllr Urquhart, Cllr Waight, Cllr Wall, Cllr Wickremaratchi and Cllr Wild.

(b)        Against the motion – 0

(c)        Abstentions – 0

134.3  The motion was carried.