Local democracy

Agenda, decisions and minutes

Venue: Council Chamber - City Hall, Bradford. View directions

Contact: Guy Close  Tel: (07811) 503906 or email  guy.close@bradford.gov.uk

Items
No. Item

69.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

Minutes:

Motion 12.2 – Clean Air Zone

 

In the interests of transparency, Councillor Joan Clarke declared a non-pecuniary interest in this item in her capacity as director of a logistics company.

 

Motion 12.8 – Supporting Children and Families to Thrive Post Pandemic

 

In the interests of transparency, a number of Councillors declared a non-pecuniary interest in this item due to their involvement with groups and organisations in receipt of the Holiday Activities and Food (HAF) programme funding. 

 

The following Councillors declared a non-pecuniary interest: Councillors Kyle Green, Brown, Edwards, Imran Khan, Hargreaves, Sajawal, Duffy, Thirkill, Shaheen, Ibrar Hussain, Amran, Alipoor, Jamil, Mir and Jeanette Sunderland.

 

70.

MINUTES

Recommended – That the minutes of the meeting held on 17 February 2022 be signed as a correct record (previously circulated).

 

(Guy Close – 07811 503906)

Minutes:

Resolved – That the minutes of the meeting held on 17 February 2022 be signed as a correct record.

71.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillors Berry, Bibby, Birch, Engel, Felstead, Firth, Goodall, Shabir Hussain, Mukhtar, Nazam and Salam.

72.

WRITTEN ANNOUNCEMENTS FROM THE LORD MAYOR (Standing Order 4)

(To be circulated before the meeting).

Minutes:

A copy of the Lord Mayor’s announcements had been circulated and published on the Council’s website.

73.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic Director or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Guy Close – 07811 503906)

Minutes:

There were no restricted items.

74.

PETITIONS (Standing Order 11)

To consider up to five requests for the Council to receive petitions in accordance with Standing Orders.

 

(i)            Objection to sale of green field off Elliott Street, below the Hive Community Centre – Craven Ward.

 

Please note that as the above petition has over 1,500 signatures there will be a debate.

 

If any further requests are received, in writing, by mid-day three working days before the meeting (Thursday), details will be circulated.

 

(Su Booth – 07814 073884 / Farzana Mughal – 07811 504164)

Minutes:

Objection to sale of green field off Elliott Street, below the Hive Community Centre (Craven Ward)

 

Resolved – That the petition be referred to the Executive.

 

ACTION: City Solicitor

75.

PUBLIC QUESTION TIME (Standing Order 13)

The following public questions have been submitted:

 

1.    “What is the Council's response to the following statement?

 

I live on Broad Dale Close in East Morton; for the last three years, I and my immediate neighbours and a further nearby 192 households have been impacted by the surface water emanating from the field located to the north of the designated public footpath which is behind numbers 1, 3 and 5 Broad Dale Close.  Self-evidently the amount of water depends on the rainfall quantity breaching a tributary of How Beck, but it can be a horrendously large amount running for days and weeks.  The major issue is the running water eroding gardens and foundations, then when the water freezes this creates a thick heavy deposit of ice for all the residents to cope with on the steep paths and roads. Surely the Council has a legal duty to get the owner of land from which water emanates on to a public footpath to prevent that happening.  I am certain that this case is already on a list in the Council's Drainage Department, but urgent action needs to be taken to stop water coming from private land, across a public footpath, and on to residential streets.  In February 2021, a member of the public slipped on ice and reportedly fractured their elbow in several places.  We certainly don’t want a repeat of this incident and urge the Council to take positive and immediate action." 

 

2.    “This question is presented on behalf of the unprecedented number of

individuals and national organisations objecting to National Highways (NH) planning application to abandon Queensbury Tunnel - to date, 7,795 (with a further 72 whose comments show that they have erroneously ticked the 'support' box), backed by 14,357 signatures on change.org and endorsed by every parish and town council between here and Keighley.  Many reasoned comments on the planning portal show how converting Queensbury Tunnel to a cycle/walkway as the centrepiece of a greenway connecting Halifax to Bradford and Keighley can bring economic, social, health and tourism benefits in ways which fully concur with Bradford's Local Plan.  Following NH’s iniquitous spend of over £7 million, will Council please explain what measures are being taken to prevent NH’s intended destruction of the tunnel and what progress Bradford Council has made, with Calderdale Council and WYCA, to secure a commitment from the Department for Transport to actively support the repurposing of this unique heritage feature of Bradford’s proud landscape for the benefit of present and future generations?”

 

(Fatima Butt – 07970 411746)

Minutes:

1.        

 

What is the Council's response to the following statement?

 

 "I live on Broad Dale Close in East Morton; for the last three years, I and my immediate neighbours and a further nearby 192 households have been impacted by the surface water emanating from the field located to the north of the designated public footpath which is behind numbers 1, 3 and 5 Broad Dale Close.  Self-evidently the amount of water depends on the rainfall quantity breaching a tributary of How Beck, but it can be a horrendously large amount running for days and weeks. The major issue is the running water eroding gardens and foundations, then when the water freezes this creates a thick heavy deposit of ice for all the residents to cope with on the steep paths & roads. Surely the Council has a legal duty to get the owner of land from which water emanates on to a public footpath to prevent that happening.  I am certain that this case is already on a list in the Council's Drainage Department, but urgent action needs to be taken to stop water coming from private land, across a public footpath, and on to residential streets. In February 2021, a member of the public slipped on ice and reportedly fractured their elbow in several places.  We certainly don’t want a repeat of this incident and urge the Council to take positive and immediate action?" 

 

Response

 

This is an issue the Council are aware of and have been dealing with from historic events but also from the events of the recent storms.

 

Over the next few weeks our Land Drainage Officers will be speaking to the tenant and landowner and visiting site to assess the areas that have been drawn to our attention and any additional elements that we feel need investigating.  In the first instance we need to fully understand what drainage infrastructure is in place on the land and the extent of damage/failure of those systems.

 

It is too early to say whether remedial works to existing systems will correct the situation and adequately manage flows from adjoining land.  Our investigation may reveal that the systems in place do not have the required capacity to manage the flows and we would therefore need to consider a capital flood risk management scheme to mitigate the issues being raised. A capital scheme is over and above what is required of upstream landowners and as such we would need to determine if Flood Defence Grant in Aid funding from the Environment Agency could be secured to pay for the scheme.  This will also require investigations into the downstream culvert to ensure that adequate capacity is available to manage flows.

We will ensure that we get in contact with affected residents once our on-site investigations are complete.

 

2.

           

This question is presented on behalf of the unprecedented number of individuals and national organisations objecting to National Highways (NH) planning application to abandon Queensbury Tunnel - to date, 7,795 (with a further 72 whose  ...  view the full minutes text for item 75.

76.

MEMBERSHIP OF COMMITTEES AND JOINT COMMITTEES (Standing Order 4)

To consider any further motions (i) to appoint members to a Committee or a Joint Committee; or (ii) to appoint Chairs or Deputy Chairs of Committees (excluding Area Committees). 

 

Due to recent changes to political proportionality the following changes have been submitted by the Bradford South Independent Group:

 

Health and Social Care Overview and Scrutiny Committee

 

Councillor Robert Hargreaves to continue serving as a member on this Committee.  Councillor Joan Clarke to replace Councillor Luke Majkowski as a member on this Committee.  Councillor Luke Majkowksi to replace Councillor Joan Clarke as an alternate member.

 

Bradford South Area Committee

 

Councillor Robert Hargreaves to replace Councillor Matthew Bibby (Conservative) as a member on this Committee.  Councillor Luke Majkowski to replace Joan Clarke as a member on this Committee.  Councillor Joan Clarke to replace Councillor Luke Majkowski as an alternate member.

Minutes:

Resolved – That due to recent changes in political proportionality the following membership changes be approved for the remainder of the 2021/22 municipal year:

 

Health and Social Care Overview and Scrutiny Committee

 

Councillor Robert Hargreaves to continue serving on this Committee (now as a member of the Bradford South Independent Group.)  Councillor Joan Clarke to replace Councillor Luke Majkowski as a member on this Committee.  Councillor Luke Majkowski to replace Councillor Joan Clarke as an alternate member.

 

Bradford South Area Committee

 

Councillor Robert Hargreaves to replace Councillor Matthew Bibby (Conservative) as a member on this Committee.  Councillor Luke Majkowski to replace Councillor Joan Clarke as a member on this Committee.  Councillor Joan Clarke to replace Councillor Luke Majkowski as an alternate member.

 

Resolved – That other membership changes be approved for the remainder of the 2021/22 municipal year as follows:

 

Shipley Area Committee

 

Councillor Debbie Davies to replace Councillor Naveed Riaz as an alternate member.

 

Area Planning Panel (Bradford)

 

Councillor Beverley Mullaney to replace Councillor Caroline Firth as an alternate member.

 

Keighley Area Committee

 

Councillor Malcolm Slater to replace Councillor Caroline Firth as a member on this Committee.  Councillor Caroline Firth to replace Councillor Malcolm Slater as an alternate member.

 

ACTION: City Solicitor

77.

REPORT BY THE LEADER OF THE COUNCIL

A written report by the Leader of Council giving an update on key issues will be circulated before the start of the meeting. There shall be a period of up to 15 minutes during which any Member of Council may ask the Leader of the Council (or a Member of the Council nominated by the Leader) a question on any matter arising out of the written report.

Minutes:

The report of the Leader of the Council had been circulated and published on the Council’s website.

78.

MEMBER QUESTION TIME (Standing Order 12) pdf icon PDF 191 KB

To deal with the below questions of which written notice has been given. 

 

Notes:

 

(i)         Answers to written questions shall be circulated at the commencement of the meeting.

 

(ii)        The Lord Mayor will have regard to the list of questions and the political composition of the Council in calling on Members to put their supplementary question to the Leader of Council and Portfolio Holders.

 

(iii)       A period of up to 30 minutes shall be available for supplementary questions to Members of the Executive. 

 

1.    Councillor Simon Cunningham

Following the welcome news that Bradford is to benefit from an £8.1 million investment in a new ultra-low emission bus fleet, supported by this Council, can the Portfolio Holder advise which routes will be served by the new vehicles? And is this environmentally-friendly upgrade evidence that the clean air ambitions of this council are already having a positive impact on our city's air quality?

 

2.    Councillor Rebecca Poulsen

Slaymaker Lane, Oakworth has been flooded for many weeks despite gullies being cleared and this makes vehicular access difficult and pedestrian access impossible.  As this is a direct route to the newly refurbished Oakworth Crematorium that will shortly re-open, could the Portfolio Holder for Regeneration, Planning and Transport confirm what action the Council is taking to ensure the flood issues are resolved prior to re-opening?

 

3.    Councillor Brendan Stubbs

To the Portfolio Holder for safer Communities, following a number of attacks on Buses in the Thorpe Edge area leading to a number of suspensions and re-directs what actions are the Council taking alongside the Police and First Buses to ensure the majority of residents of all ages in Thorpe Edge are able to access to a reliable bus service.

 

4.    Councillor Kevin Warnes

The Leader of Council will be aware that Section 44 of the Children and Families Act 2014 states the obligations of a local education authority with regard to the time limit when reviewing an EHC plan. Specifically: “A local authority must review an EHC plan that it maintains (a) in the period of 12 months starting with the date on which the plan was first made, and (b) in each subsequent period of 12 months starting with the date on which the plan was last reviewed under this section.” She will also be aware that Regulation 20 of the Special Educational Needs and Disability Regulations 2014 sets out the procedure in detail, making it clear that the review is complete only when the local authority notifies the parent/young person of its decision. Specifically: “The local authority must then decide whether it proposes to (a) continue to maintain the EHC plan in its current form; (b) amend it; or (c) cease to maintain it, and must notify the child’s parent … within four weeks of the review meeting.” Bearing this in mind, can the Leader of Council please tell us (1) how many cases of this kind HAVE been dealt with within that four-week window across the district since the beginning  ...  view the full agenda text for item 78.

Minutes:

Details of the questions from Members to the Leader of Council and Portfolio Holders and the answers given had been circulated and published on the Council’s website.

79.

RECOMMENDATIONS FROM THE EXECUTIVE AND COMMITTEES (Standing Order 15) pdf icon PDF 16 MB

a)    At the meeting of Standards Committee held on 6 October 2021, consideration was given to a report of the City Solicitor, which presented the Local Government Association (LGA) Model Councillor Code of Conduct for adoption by Council with or without amendments to replace the Council’s existing Members’ Code of Conduct or whether to require consultation with Councillors before considering adoption.

 

Resolved –

 

1.    That the Local Government Association Model Councillor Code of Conduct 2020 (“the Code”) be recommended for adoption by Council to be effective from the beginning of the Municipal Year 2022-23 with the following amendments (Amendments (1) (a) to (d) are matters included in the Council’s existing Members’ Code of Conduct and the paragraph numbers refer to the paragraph numbers in the existing Code):

 

a)    The inclusion of the mandatory requirement that members complete a training course on Child Sexual Exploitation. (paragraph 21A).

b)    Confirmation within the Code that all complaints alleging a failure to comply with the Code will be considered in accordance with the Procedure agreed by full Council (paragraph 22).

c)    The incorporation into the Code of the Protocols on Member-Officer Relations, and Members’ use of Council Resources including use of Email and the Internet as detailed in paragraph 23 of the existing Members’ Code of Conduct subject to any consequential amendments required to address inconsistencies.

d)    The Provisions regarding granting of dispensations (paragraph 24).

e)    That in paragraph 10.2 of the Code (Gifts and Hospitality), £50 be replaced with £25.

 

2.    That the City Solicitor produces a draft code incorporating the amendments, further consults the Chair of this Committee before it is considered by Council and that consideration is given to taking the recommendation for adoption of the Code to the Council meeting in March 2022.

3.    Upon adoption of the amended Code by Council, delegated authority be given to the City Solicitor to make any consequential amendments required to the Council’s Constitution including to the Protocols on Member-Officer Relations, Members Gifts and Hospitality and Members Use of Council Resources including Use of E-mail and the Internet in consultation with the Chair of this Committee.

4.    Upon adoption of the amended Code by Council the City Solicitor write to all Town and Parish Councils within the Bradford District to advise them of adoption of the Code and encouraging them also to adopt the Code if they have not already done so.

 

Action: City Solicitor

 

b)   In accordance with the recommendations of Standards Committee held on the 6 October 2021 to consider a report from the City Solicitor which recommends to Council the adoption of the Local Government Association (LGA) Model Councillor Code of Conduct with the amendments as recommended by Standards Committee to be effective from the beginning of the Municipal Year 2022/23.

 

The report also asks Council to note the consequential amendments to

the Form for submitting complaints against Elected Members and that

the Members’ Interests Form will need to be reviewed.

 

Recommended –

 

1)    The Code of Conduct as set out  ...  view the full agenda text for item 79.

Additional documents:

Minutes:

a)    Standards Committee

 

Resolved –

 

1)    That the Code of Conduct as set out in Appendix 1 to the report be adopted effective from the beginning of the Municipal Year 2022/23.

2)    That the amendments to the Form for submitting complaints against Elected Members as set out in Appendix 2 to the report be noted.

3)    That the need for the Members’ Interests Form to be reviewed together with the initial draft of the amended form as set out in Appendix 3 to the report be noted.

4)    That delegated authority be given to the City Solicitor to make any consequential amendments required to the Council’s Constitution including to the Protocols on Member-Officer Relations, Members Gifts and Hospitality and Members Use of Council Resources including Use of E-mail and the Internet in consultation with the Chair of Governance and Audit Committee as are necessary to implement the decisions of Council.

5)    That upon adoption of the Code by Council the City Solicitor write to all Town and Parish Councils within the Bradford District to advise them of adoption of the Code and encouraging them also to adopt the Code if they have not already done so.

 

b)   Licensing Committee

 

Resolved –

 

1)    That the Statement of Licensing Principles for the Bradford District 2022-24 pursuant to the Gambling Act 2005 as set out in Appendix 1 to the report be adopted and published.

2)    That the Interim Assistant Director (Waste, Fleet and Transport Services) be given delegated authority to approve any necessary amendments of a minor or drafting nature prior to formal publication.

80.

NOTICES OF MOTION (Standing Order 17)

To consider notices of motion set out below:

 

12.1

 

The Queen’s Platinum Jubilee

 

To be moved by:  Councillor Rebecca Poulsen

Seconded by:  Councillor Debbie Davies

 

Her Majesty, The Queen, has become the first British Monarch to celebrate a Platinum Jubilee after 70 years of dedicated service of our country and across the commonwealth.

 

Bradford District has welcomed Her Majesty to Bradford five times.

 

In 1954 Her Majesty visited Bradford 18 months after her Coronation.  At this visit she met David Hockney, was sung to by 30,000 children at Bradford Park Avenue cricket ground and visited Perseverance Mills to meet ill workers.

 

In 1974 Her Majesty visited the Odeon and unveiled the plaque to open the Civic Precinct.

 

In 1997 The centenary of Bradford’s Royal Charter was marked by another visit.  As it was Maundy Thursday, money was distributed at Bradford Cathedral as part of the visit before unveiling a plaque at Centenary Square and visiting the Bradford City fire memorial.  Her Majesty then opened the new stand at Valley Parade after lunch at City Hall.

 

In 2007 there was another visit to Centenary Square where the daughter of murdered policewoman Sharon Beshenivsky handed Her Majesty a posy of flowers.

 

In 2012 Her Majesty visited as part of her Diamond Jubilee tour.  The tour included visiting Saltaire, a luncheon and meeting the Lord Mayor at the time who is still a member of Council, Councillor Dale Smith.

 

Bradford District looks forward to many events over the summer to celebrate the Platinum Jubilee including local groups organising community events.

 

This Council thanks Her Majesty for her dedicated service over the last 70 years and congratulates her in the year of her Platinum Jubilee. 

 

12.2

 

Clean Air Zone

 

To be moved by:  Councillor Sally Birch

Seconded by:  Councillor Mohammed Nazam

 

Council notes that:

There have been delays in introducing Bradford’s Clean Air Zone, originally planned for last October then postponed until January and now we are just told “Spring 2022”.

 

Local businesses are finding it difficult to plan ahead for this change because the dates keep changing and because they are still not able to apply for exemptions despite being told they would be able to do so by the end of February.

 

There is a shortage of vehicles fitting the compliant criteria so even if companies want to upgrade their vehicles these are not available and there is a waiting list of several months.

 

Greater Manchester’s Clean Air Zone has recently been delayed in order for their plan to reduce nitrogen dioxide levels to be reviewed.

 

The Clean Air Zone Framework issued by the Department for Transport clearly states “Clean Air Zone proposals are not required to include a charging zone”.

 

The Government’s Clean Air Framework also states: “In implementing a CAZ local authorities will need to consider the impact on local residents, and the need for any mitigating measures. They will also need to take action as necessary to support growth and protect the economy of their local high  ...  view the full agenda text for item 80.

Minutes:

Resolved – That the following notices of motion be approved:

 

12.1 - The Queen’s Platinum Jubilee

 

Moved by: Councillor Rebecca Poulsen

Seconded by: Councillor Debbie Davies

 

Her Majesty, The Queen, has become the first British Monarch to celebrate a Platinum Jubilee after 70 years of dedicated service of our country and across the commonwealth.

 

Bradford District has welcomed Her Majesty to Bradford five times.

 

In 1954 Her Majesty visited Bradford 18 months after her Coronation.

 

At this visit she met David Hockney, was sung to by 30,000 children at Bradford Park Avenue cricket ground and visited Perseverance Mills to meet ill workers.

 

In 1974 Her Majesty visited the Odeon and unveiled the plaque to open the Civic Precinct.

 

In 1997 The centenary of Bradford’s Royal Charter was marked by another visit. As it was Maundy Thursday, money was distributed at Bradford Cathedral as part of the visit before unveiling a plaque at Centenary Square and visiting the Bradford City fire memorial. Her Majesty then opened the new stand at Valley Parade after lunch at City Hall.

 

In 2007 there was another visit to Centenary Square where the daughter of murdered policewoman Sharon Beshenivsky handed Her Majesty a posy of flowers.

 

In 2012 Her Majesty visited as part of her Diamond Jubilee tour. The tour included visiting Saltaire, a luncheon and meeting the Lord Mayor at the time who is still a member of Council, Councillor Dale Smith.

 

Bradford District looks forward to many events over the summer to celebrate the Platinum Jubilee including local groups organising community events.

 

This Council thanks Her Majesty for her dedicated service over the last 70 years and congratulates her in the year of her Platinum Jubilee.

 

Motion 12.2 - Clean Air Zone

 

Moved by: Councillor Sarah Ferriby

Seconded by: Councillor Susan Hinchcliffe

 

That with the addition of the following words the motion be amended to read as follows:

 

Council notes:

 

·         Government’s Plans to Tackle Roadside Nitrogen Dioxide in the UK https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/633270/air-quality-plan-detail.pdf  – this was followed by the UK Clean Air Zone Framework, including requirements of local areas to meet legal limits for nitrogen dioxide in the shortest possible timeframe.

·         The Government’s failure to tackle this national issue with national action, instead preferring to impose a variety of different Clean Air Zones in different cities, dodging their own national obligations on clean air for which they are being sued by Client Earth.

·         There was never a go live date of October 2021.  January 2022 was published as the go live date.  The CAZ will be introduced at the earliest opportunity this year once Government has provided a date.  There will then be no further delays.

·         There is a clear health imperative to clean up our air. More than one in five children in Bradford has a wheezing disorder. Research has shown that air pollution can affect children even before they are born and latest data shows that Bradford is still nowhere near legal limits on air quality.

·         Bradford NHS estimates that the CAZ  ...  view the full minutes text for item 80.

81.

PAY POLICY STATEMENT FOR 2022/23 pdf icon PDF 43 KB

In accordance with the Localism Act 2011 Local Authorities are required to produce and publish a Pay Policy Statement for each financial year.  The report of the Director of Human Resources contains the Pay Policy Statement, which must be approved by full Council before publication.

 

Recommended – That the Pay Policy Statement for the financial year 2022/23 as set out at Appendix 1 to this report, be approved.

 

(Tim Barker – 01274 432031)

Additional documents:

Minutes:

Resolved – That the Pay Policy Statement for the financial year 2022/23 as set out at Appendix 1 to the report, be approved.

 

ACTION – Director of Human Resources