Kirklees Council. The Council will meet on Wednesday 2 September 2015 at 6.00 pm at Council Chamber - Town Hall, Huddersfield.

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1 Kirklees Council Council Chamber - Town Hall, Huddersfield Monday 24 August 2015 Dear Councillor The Council will meet on Wednesday 2 September 2015 at 6.00 pm at Council Chamber - Town Hall, Huddersfield. The following matters will be debated: Pages 1: Announcements by the Mayor and Chief Executive To receive any announcements. 2: Apologies for absence Group Business Managers to submit any apologies for absence.

2 3: Minutes of Previous Meeting 1-6 To agree and authorise the Mayor to sign as a correct record. 4: Declaration of Interests 7-8 The Councillors will be asked to say if there are any items of the Agenda in which they have a Disclosable Pecuniary Interests, which would prevent them from participating in any discussion of them items or participating in any vote upon the items, or any other interests. 5: Overview and Scrutiny Annual Report (Reference from Overview and Scrutiny Committee) 9-20 To receive the report. Contact: Penny Bunker 6: Membership of Kirklees Rural District Committee (Reference from Kirklees Rural District Committee) To consider the report. Contact: Julie McDowell 7: Minutes of the Meeting of West Yorkshire Combined Authority held on 25 June To receive the Minutes. Contact: Adrian Lythgo

3 8: Written Questions to Committee Chairs and Nominated Spokespersons of Joint Committees/External Bodies To consider; written questions must be received by the Acting Assistant Director, Legal, Governance and Monitoring by 10.00am on the working day before the Council Meeting. (A schedule of any written questions received will be circulated at the Council Meeting) (Council Procedure Rule 12 applies) 9: Minutes of Cabinet and Cabinet Committee - Local Issues To receive for information; the Minutes of the Meetings of Cabinet held on 10 February, 24 February, 10 March, 24 March, 7 April, 21 April, 5 May, 16 June and 30 June 2015 and Cabinet Committee - Local Issues held on 11 March and 15 April (Council Procedure Rule 13 applies) 10: Holding Executive to Account (a) To receive verbal reports from Cabinet Members Regional Devolution (The Leader of the Council to report) (b) Oral Questions/ Comments to Cabinet Members on their portfolios and on relevant Cabinet Minutes (a) Community Development, Councillor Involvement in New Council, Councillor Development (Councillor Calvert) (b) Place - Planning, Highways and Open Spaces (Councillor S Hall) (c) Family Support and Child Protection (Councillor Hill) (d) Prevention, Early Intervention and Vulnerable Adults (Councillor Kendrick) (e) Transformation, Skills, Jobs and Regional Affairs (Councillor McBride) (f) Schools and Learning (Councillor Pandor) (g) Housing and Relief of Poverty (Councillor C Scott) (h) Resources and Community Safety (Councillor G Turner) Council Procedure Rule 13(2) applies)

4 11: Minutes of Other Committees (a) Appeals Panel (b) Corporate Governance and Audit Committee (c) District Committee - Batley and Spen (d) District Committee - Huddersfield (e) District Committee - Kirklees Rural (f) Health and Wellbeing Board (g) Licensing and Safety Committee (h) Overview and Scrutiny Management Committee (i) Personnel Committee (j) Policy Committee (k) Strategic Planning Committee (Council Procedure Rule 13 applies) 12: Oral Questions to Committee Chairs and Nominated Spokespersons of Joint Committees/External Bodies (a) Appeals Panel (Councillor Bolt) (b) Corporate Governance and Audit Committee (Councillor Richards) (c) Corporate Parenting Panel (Councillor Hill) (d) District Committee - Batley and Spen (Councillor Lowe) (e) District Committee - Dewsbury and Mirfield (Councillor O'Donovan) (f) District Committee - Huddersfield (Councillor Mather) (g) District Committee - Kirklees Rural (Councillor Holroyd-Doveton) (h) Employee Relations Sub Committee (Councillor Sheard) (i) Health and Wellbeing Board (Councillor Kendrick) (j) Licensing and Safety Committee - including Licensing Panel and Regulatory Panel (Councillor Smith) (k) Overview and Scrutiny Management Committee (Councillor Stewart-Turner) (l) Personnel Committee (Councillor Sheard) (m) Planning Sub Committee - Heavy Woollen Area (Councillor Rowling) (n) Planning Sub Committee - Huddersfield Area (Councillor Lyons) (o) Policy Committee (Councillor Pattison) (p) Strategic Planning Committee (Councillor S Hall) (q) Kirklees Neighbourhood Housing (Councillor Walton) (r) Kirklees Active Leisure (Councillor Sokhal) (s) West Yorkshire Combined Authority (Councillor Sheard) (t) West Yorkshire Combined Authority Transport Committee (Councillor E Firth)

5 (u) West Yorkshire Fire and Rescue Authority (Councillor Hussain) (v) West Yorkshire Joint Service Committee (Councillor A Pinnock) (x) West Yorkshire Police and Crime Panel (Councillor Ahmed) 13: Motion submitted in accordance with Council Procedure Rule 14 as to Devolution to District Committees To consider the following Motion submitted in the names of Councillors N Turner and Lawson; 'This Council; 1. Considers devolution to be the handing over of decision making powers to other tiers of governance, tiers which are closer to and often made up of members of the communities affected by those decisions ; 2. That true devolution is fundamentally an act of empowerment and trust by the centre; 3. Notes Cabinet s plans for devolving influence over the repair and improvement of unclassified roads to the four District Committees consists of members being asked to identify and agree their priorities for repair; 4. Notes, with disappointment, that Cabinet intends to retain authority for making the final decision over which roads will receive investment, including the power to veto District Committee recommendations, 5. Considers this measure not to be in the true spirit of devolution whilst also indicating a lack of serious commitment to devolution in Kirklees; This Council therefore requests that Cabinet amend its current approach with: a. District Committees, from within the funds made available to them, being given the final say over which unclassified roads should receive investment; b. Cabinet Members and Officers undertaking the required work to enable the above to be realised.'

6 14: Motion submitted in accordance with Council Procedure Rule 14 as to Devolution Yorkshire To consider the following Motions submitted in the names of Councillor N Turner and Lawson; 'This Council; 1. Notes the ambition in the Queens Speech 2015 for people to have more direct power over the areas in which they live and the promotion through the Cities Devolution Bill and the Local Democracy Economic Development and Construction Act to allow regions to bid for a directly elected mayor, and for Combined Authorities to take on any local authority function, any public function and the functions of the Police and Crime Commissioners. 2. Notes the significant amount of private debate between the West Yorkshire and York Combined Authority and the Treasury about the devolution deal. 3. Further notes that the Manchester Devolution Deal goes beyond economic development and transport into policing and adult social care and that the current discussion in our region include fostering and adoption and education. 4. Is concerned that the majority of elected members have not been involved in this debate. 5. Notes significant concerns around public accountability and transparency relating to Combined Authority s membership and decision making arrangements. 6. Therefore resolves to ask the Council Leader and Chief Executive to take note of the following: a) that Council expects elected members to be consulted during the design and agreement of any devolution deal; b) that Council will insist on governance arrangements that are democratically accountable and able to demonstrate the support of the people including that the membership of Combined Authority s Overview and Scrutiny Committee reflects the proportion of members following the last local elections; c) that Council urges the Combined Authority to press for a deal with Government that: i. excludes the requirement for an elected mayor; ii. secures legal powers that will allow the Combined Authority to raise revenue to support investment that will enhance the economic prosperity for the area.'

7 15: Motion submitted in accordance with Council Procedure Rule 14 as to Sky Lanterns To consider the following Motion submitted in the names of Councillors Barraclough, Greaves, Allison and Cooper; This Council recommends that Cabinet consider the potential risks associated with sky lanterns (known as Chinese lanterns) including those relating to health and safety; fire risk, animal welfare and impact upon the environment, including litter and those referred to in the Trading Standards Institute Code of Practice for Sky Lanterns and if it accepts the potential threat and risks : 1. Where legally possible, take steps to ban the use and release of sky lanterns from council owned land following the statutory test in section 120 (1) (b) LGA 1972 ; and encourage other landowners in Kirklees area to do likewise on their property; 2. Consider recommending that Council adopts byelaws for pleasure grounds, public walks and public open spaces under section 164 Public Health Act 1875 and sections 12 and 15 of the Open Spaces Act 1906 which may contain a specific provision to regulate the release of sky lanterns (subject to confirmation by the secretary of State for Communities and Local Government); 3. Request that Licensing and Safety Committee consider the scope to which Licensing legislation may be used to mitigate the risk associated with sky lanterns; 4. Consider the provision of advice to discourage organisers of events from using sky lanterns due to the potential harm they may cause; 5. Encourage West Yorkshire Trading Standards /West Yorkshire Fire and Rescue Service to work with manufacturers, distributors and retailers in West Yorkshire to improve safety standards ; biodegradability of sky lantern products and urge them to sign up to the Trading Standards Institute Industry Code of Practice Sky Lanterns By Order of the Council Chief Executive