Agenda and minutes

42.1     The Chairman reminded members that, as the meeting was being held virtually and was therefore not a formal meeting of the Council, any vote taken on any business would be indicative only.

42.2     Any decisions which needed to be taken on the business on the agenda would be dealt with after the meeting using the Council’s Standing Orders on urgent action. Resolutions recorded in these minutes are therefore indicative only.

43.1     The Chairman reported the death of Mr Peter Griffiths, who had represented the Hurstpierpoint & Bolney division from 2005 to 2017.

43.2     Members held a minute’s silence.

44.1     The Chairman offered congratulations on behalf of the Council to Vivian Okeze-Tirado who had recently been named Overall Social Worker of the Year 2021 at a national awards ceremony. Ms Okeze-Tirado will be invited to the next meeting of the Council to receive the Council’s congratulations.

To appoint a vice-chairman for the meeting.

45.1     The item on the appointment of a vice-chairman for the meeting was withdrawn as a formal decision was not possible.

46.1     Apologies were received from Cllr Bennett, Cllr Charles and Cllr Wickremaratchi.

46.2     Apologies for the afternoon session were received from Cllr Baxter.

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

47.1     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 22 October 2021.

48.1     The Chairman reported that under minute 29.1, the period of service of former county councillor, Mr Peter Jones, should read 1997 to 2013. With that correction, it was agreed that the minutes of the Ordinary Meeting of the County Council held on 22 October 2021 (pages 5 to 26) be endorsed for approval as a correct record.

To receive the County Returning Officer’s return of the by-election held on 4 November 2021 for the county councillor for the Bourne electoral division.

49.1     The Council received the County Returning Officer’s return of the by-election on 4 November 2021 for the county councillor for the Bourne electoral division (page 27).

The County Council has a statutory duty, following a by-election, to review the proportionality on its committees.

A brief explanation of the proportionality rules and how they are applied is set out in the attached report together with a table showing the number of seats on committees.

50.1     The County Council noted its statutory duty to review the 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 29 and 30.

50.2     Resolved –

That the approval of the proportionality be endorsed.

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

51.1     The Council endorsed the approval of appointments as set out below.

The Council is asked to consider changes to Council procedures, in the light of a report by the Governance Committee.

52.1     The Council considered changes to Council procedures in the light of a report from the Governance Committee (pages 31 to 42).

52.2     Resolved –

That the approval of the proposed changes to Part 4, Section 1 of the Constitution, as set out in Appendix 1 to the report, beendorsed.

The Council is asked to consider minor changes to the Constitution including changes to the terms of reference of the Regulation, Audit and Accounts Committee, in the light of a report by the Governance Committee.

53.1     The Council considered minor changes to the Constitution including changes to the terms of reference of the Regulation, Audit and Accounts Committee, in the light of a report from the Governance Committee (pages 43 to 50).

53.2     Resolved –

(1)         That the approval of the proposed changes to Part 3, Appendix 5 of the Constitution, as set out in Appendix 1 to the report, be endorsed; and

(2)         That the approval of the minor changes to the Constitution, as set out in Appendix 2 to the report, be endorsed.

The Council is asked to consider the appointment of an external auditor for both West Sussex County Council and West Sussex Pension Fund, in the light of a report by the Regulation, Audit and Accounts Committee.

54.1     The Council considered the appointment of an external auditor for both West Sussex County Council and West Sussex Pension Fund, in the light of a report by the Regulation, Audit and Accounts Committee (pages 51 to 54).

54.2     Resolved –

That the invitation from the Public Sector Audit Appointments Limited (PSAA) to continue to be an opt-in authority for the purposes of the appointment of an external auditor for both West Sussex County Council and West Sussex Pension Fund, for the period 1 April 2023 to 31 March 2028, under the provision of the Local Audit and Accountability Act 2014 and the requirements of the Local Audit (Appointing Person) Regulations 2015, be endorsed for acceptance.

Questions to the Leader and Cabinet Members on matters contained within the Cabinet report, written questions and any other questions relevant to their portfolios. Members may also ask questions of the Leader on anything that is currently relevant to the County Council. The report covers relevant Council business or developments in respect of portfolios arising since the meeting of the Council on 22 October 2021. A supplementary report may be published.

(2 hours is allocated for Question Time)

55.1     Members asked questions of members of the Cabinet on matters relevant to their portfolios, as set out at Appendix 3. This included questions on matters contained within the Cabinet report (pages 50 to 60) and answers to written questions pursuant to Standing Order 2.38 (set out at Appendix 2).

To debate the following motion, submitted by Cllr McGregor, notice of which was given on 30 November 2021.

‘This Council welcomes the new duty in the Environment Act 2021 for local authorities to collect and process food waste separately from other waste. This mandate, if implemented within an appropriate overall collection and disposal system, will reduce overall emissions and is crucial in our fight to keep within the Climate Change 1.5 degree target.

This measure also benefits household budgets. Evidence from areas that already have separate food waste collections shows that many residents change their purchasing and cooking habits when they see how much they throw away. This saves them money as well as avoiding the carbon and water resource impacts of producing and transporting food which would have previously been wasted.

We acknowledge the good partnership working arrangements with our district and boroughs with Arun District Council already running a ‘123’ trial and Mid Sussex District Council considering a similar trial in the spring.

As such, this council calls on the Cabinet Member for Environment and Climate Change to:

(1)     Urge the Government to clarify the ‘implement by’ date as soon as possible and to fully fund the transition costs for both the collection and disposal authorities, as well as additional on-going costs due to these new burdens; and

(2)     Ask the Government to ensure that councils who wish to introduce the measures ahead of the mandated timeframe do not lose out on funding so that the county can see these emission reductions and household benefits without unnecessary delay.’

56.1     The following motion was moved by Cllr McGregor and seconded by Cllr Markwell.

‘This Council welcomes the new duty in the Environment Act 2021 for local authorities to collect and process food waste separately from other waste. This mandate, if implemented within an appropriate overall collection and disposal system, will reduce overall emissions and is crucial in our fight to keep within the Climate Change 1.5 degree target.

This measure also benefits household budgets. Evidence from areas that already have separate food waste collections shows that many residents change their purchasing and cooking habits when they see how much they throw away. This saves them money as well as avoiding the carbon and water resource impacts of producing and transporting food which would have previously been wasted.

We acknowledge the good partnership working arrangements with our district and boroughs with Arun District Council already running a ‘123’ trial and Mid Sussex District Council considering a similar trial in the spring.

As such, this council calls on the Cabinet Member for Environment and Climate Change to:

(1)        Urge the Government to clarify the ‘implement by’ date as soon as possible and to fully fund the transition costs for both the collection and disposal authorities, as well as additional on-going costs due to these new burdens; and

(2)        Ask the Government to ensure that councils who wish to introduce the measures ahead of the mandated timeframe do not lose out on funding so that the county can see these emission reductions and household benefits without unnecessary delay.’

56.2     An amendment was proposed by Cllr Condie and seconded by Cllr Kerry-Bedell as set out below.

To add to the motion the text as follows:

‘(3)    Subject to the two above points being satisfactorily resolved, to introduce food waste collection and processing as soon as practically possible in conjunction with district and borough Councils.’

56.3     An amendment to the amendment was moved by Cllr Baxter and seconded by Cllr Oxlade as set out below in underlined text.

‘(3)    Subject to the two above points being satisfactorily resolved, to introduce food waste collection and processing at pace as soon as practically possible in conjunction with district and borough Councils.’

56.4     The amendment was lost and the amendment to the amendment therefore fell.

56.5     The motion was carried and endorsed for approval.

To debate the following motion, submitted by Cllr O’Kelly, which was referred to the Cabinet Member for Highways and Transport at the meeting of the Council on 16 July 2021.  Note: Following the meeting between Cllr O’Kelly and the Cabinet Member, the Chairman has agreed that a revised version of the motion can be debated as set out below.

‘This Council believes that promoting active travel and improved road safety is a priority.

This Council therefore calls upon the Cabinet Member for Highways and Transport to introduce a more flexible policy on speed reduction including the 20mph limit and other measures such as quiet lanes all of which have the potential to improve road safety, air quality, and to encourage active travel.’

and the report of the Cabinet Member for Highways and Transport.

57.1     At the County Council meeting on 16 July 2021 the following motion had been moved by Cllr O’Kelly, seconded by Cllr Condie, and referred to the Cabinet Member for Highways and Transport for consideration. A report by the Cabinet Member was included with the agenda (pages 61 and 62).

57.2     Following the meeting between Cllr O’Kelly and the Cabinet Member, the Chairman agreed that a revised version of the motion could be debated as set out below.

‘This Council believes that promoting active travel and improved road safety is a priority.

This Council therefore calls upon the Cabinet Member for Highways and Infrastructure to introduce a more flexible policy on speed reduction including the 20mph limit and other measures such as quiet lanes all of which have the potential to improve road safety, air quality, and to encourage active travel.’

57.3     An amendment was proposed by Cllr Bence and seconded by Cllr Baldwin as set out below.

‘This Council believes that promoting active travel and improved road safety is a one of the Council’s priorities.

This Council therefore calls upon supports the Cabinet Member for Highways and Transport in her current policy reviewand new Transport Plan which will consider options such as introduce a more flexible policy on speed reductions including the 20mph limit and other measures such as quiet lanes all of which have the potential to improve road safety, air quality, and to encourage active travel.’

57.4     The motion, as amended and set out below, was endorsed for approval.

‘This Council believes that promoting active travel and improved road safety is one of the Council’spriorities.

This Council therefore supportsthe Cabinet Member for Highways and Transport in her current policy review and new Transport Plan which will consider options such as speed reductions including the 20mph limit and other measures such as quiet lanes all of which have the potential to improve road safety, air quality, and to encourage active travel.’

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

58.1     The report of urgent action taken under regulation 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (pages 63 and 64) was noted.