Agenda and minutes

Apologies for absence were received from:

·               Councillor Joan Scannell

·               Councillor Stephen Sowerby

·               Councillor Kathy Levine

·               Councillor Gill Sargeant

·               Councillor Alan Or-Bach

·               Councillor Rebecca Chalice

·               Councillor Devra Kay

·               Councillor Paul Edwards

·               Councillor Kath McGuirk

·               Councillor Alan Schneiderman

·               Councillor Amy Trevethan

Apologies for lateness were received from:

·               Councillor Philip Cohen

·               Councillor Ammar Naqvi

·               Councillor Andreas Ioannidis

·               Councillor Reema Patel

·               Councillor Kitty Lyons

The Mayor was present.

The Mayor’s Chaplain offered prayer.

It was noted that in circumstances in which dispensations were sought and granted were as set out in Agenda Item 11.3 Report of the Monitoring Officer.

RESOLVED – That the minutes of the meeting held on 15 July 2014 be approved as a correct record.

The Worshipful the Mayor made the following announcements:

With regret, the Worshipful the Mayor announced the passing of Mr. Kevin McKellar who was Head Teacher of Hendon School. The Mayor described Mr. McKellar as an inspirational Head Teacher who took the Hendon School from a failing school to becoming outstanding and was admired by both pupils and parents. The Mayor attended Mr. McKellar’s funeral.

The Worshipful the Mayor, further regretfully announced that Mrs. Renee Davis who was Deputy Mayoress from 1993-1994 recently passed away. She was the wife of former Councillor Mr. Frank Liberal Davis a former Mayor of Finchley and Ward Councillor for Garden Suburb for 8 years.

The Chaplain offered a few words of prayer.

The Worshipful the Mayor paid tribute to former Mayor Mr. Don Goodman who passed away on Thursday 7 August. Mr. Goodman was Mayor of Barnet from 1988-89 and Deputy Mayor 1984-85. He was first elected to the Council as Ward Councillor for Brunswick Park in 1982 and served until 1998. During his time at the Council Mr. Goodman was Chairman of the Grants Committee and also served on a number of committees including the Appeals Committee and Public Works Committee.

At the invitation of the Worshipful the Mayor, Councillor Richard Cornelius and Councillor Geof Cooke also spoke in tribute to Mr. Goodman.

A minutes silence was held in remembrance of Mr. Goodman.

On behalf of Council the Worshipful the Mayor congratulated Natalie Evans on her appointment to the Peerage. Ms. Evans attended local school Henrietta Barnet, was a resident of North Finchley and a participant in the exchange programme with Twin Town Montclair in the United States.

The Worshipful the Mayor congratulated Mill Hill Music Club on their Diamond Jubilee and the Mill Hill Bowls club on their 95 year anniversary. He also welcomed the new Spike Milligan Bench at Avenue House.

Finally the Worshipful the Mayor wished Members of the Jewish faith a peaceful and happy New Year.

There was none.

Under 6.2 of the Full Council Procedure Rules the Worshipful the Mayor  moved that the order of business be varied so that Part 3, Questions to the Leader, be taken as the next item of business.

The questions, together with the answers provided and the text of any supplementary questions and answers, are set out in Appendix 1 to the minutes.

Under Council Procedure Rule 7.1 and 7.2 Councillor Brian Salinger moved the Suspension of Full Council Procedure Rules 2.1 and 23.1 asking Council to agree to take a motion in his name as a matter of urgency. This was duly seconded by Councillor Richard Cornelius. Upon being put to the vote the motion was agreed.

RESOLVED - That Council agree the suspension Full Council Procedure Rules 2.1 and 23.1 to enable allow debate on the Emergency Motion in the name of Councillor Brian Salinger

There were none.

There were none.

Councillor John Marshall introduced the report and moved reception and adoption. Councillor Marshall further moved the amendments in his name and accepted the first amendment in the name of Councillor Alison Moore but not the second. Councillor Moore moved her amendments. Debate ensued.

The Worshipful the Mayor advised Council that following legal advice he taken the decision to rule the amendment in the name of Councillor Geof Cooke out of order.

Upon being put the vote the amendments in the name of Councillor Marshall were declared carried.

Upon being put to the vote the first amendment in the name of Councillor Alison Moore was declared carried.

Upon being put to the vote the second amendment in the name of Councillor Alison Moore was declared lost

At least ten members called for a formal division on the voting on the second amendment in the name of Councillor Alison Moore. Upon the vote being taken the results of the Division were declared as follows:

For: 19

Against: 30

Absent: 14

TOTAL: 63

The second amendment in the name of Councillor Alison Moore was declared lost.

RESOLVED - The Council approve the following amendments

1.         That in the Terms of reference of General Functions Committee at Appendix H (page 66 of report), the proposed bullet point ‘request a ward boundary review by the Electoral Commission’ should read ‘request a ward boundary review by the Local Government Boundary Commission for England’.

2.         That changes to Section 13 of Appendix M, Access to Info Procedure Rules, (pages 137 to 138 of report) be not adopted and the issue be referred back to the next meeting of  CEP on 25 November 2014.

3.         That under All Committees the Number of members required, add the words ‘3 where the Membership is less than 9 and’ so that the full text reads: ‘3 where  ...  view the full minutes text for item 10.1

Councillor Brian Salinger introduced the report and moved reception and adoption. Upon being put to the vote the recommendations as set out in the report were declared carried.

RESOLVED - That Council approve the Annual Report of the Audit Committee 2013-14, as set out in Appendix A of the report.

The Chief Executive introduced the report. Upon being put to the vote the recommendations as set out in the report were declared carried

RESOLVED -

1.         That Council gives its consent as corporate trustee landlord in accordance with the 2001 Scheme and in accordance with the terms of the Lease to the tenant’s application for landlord’s consent to carry out works of capital improvements to the Property as set out in Appendix A and delegates authority to the Chief Operating Officer to negotiate and execute a licence for alterations in respect of the same.

2.         That Council note their responsibilities arising from The Charity Commissioners for England and Wales scheme which governs the charity called The Avenue House Estate (210345) dated 2 October 2001 (appendix B) and that it delegate its decision-making powers under this scheme and its responsibilities liabilities powers and duties under the Lease as corporate trustee landlord to the Policy and Resources Committee.

Changes to the Calendar of Meetings

The Chief Executive introduced the item.

RESOLVED - That Council note the changes to the Calendar of Meeting as set out the report and Supplemental Report of the Head of Governance.

The Chief Executive introduced the report;

RESOLVED - That Council note the recommendation of the Health and Well-Being Board to invite the Independent Chairman of the Adults and Children’s Safeguarding Boards onto the Board as a non-voting observer with full speaking rights.

The Chief Executive introduced the item and advised Council as follows:

“Members must observe the provisions of the Localism Act 2011 and under the Code of Conduct, in regard to disclosure of disclosable pecuniary interests (DPIs) and non-pecuniary interests. Section 33 of the Act provides for dispensations to be granted to enable those with a DPI to be able to speak and/or vote in circumstances.

At the meeting of Council on 15 July 2014 it was agreed that the Monitoring Officer be delegated authority to consider and if appropriate grant such dispensations, which would be reported back to the relevant decision-making body.

Applications to stay, speak and vote have been made by the following

Councillors in respect of item 14.1 of this Council meeting.

·                     Councillor Dean Cohen

·                     Councillor Melvin Cohen

·                     Councillor Helena Hart

·                     Councillor Hugh Rayner

·                     Councillor Peter Zinkin

All these members are private landlords in the borough and it is in respect of this interest that the applications are made.

The Monitoring Officer has considered each application against the tests set out in the Localism Act and members Code of Conduct and concluded that, given the political balance of the Council, the representation of different political groups on the body transacting the business would be so upset as to alter the outcome of any vote on the matter.”

Councillor Alison Moore, seconded by Councillor Geof Cooke formally moved the following Motion;

“In future reports the reasons for dispensations being granted is not dealt with by a blanket paragraph as set out in paragraph 2 of the report but deals with each application individual separately.”

Councillor John Marshall, Chairman of the Constitution, Ethics and Probity Committee gave an assurance that should Councillor Moore’s Motion be defeated it would be considered by the Constitution, Ethic and Probity Committee at their next meeting.

Upon being put to the vote the Motion in the name of Councillor Alison Moore was declared lost.

RESOLVED - That Council note the action taken by the Deputy Monitoring Officer in granting the dispensations for this meeting as set out in this report.

There were none.

Councillor Richard Cornelius stated that of the two Administration Motions put Item 14.1 would be debated. Upon being put to the vote this was agreed.

RESOLVED - That Council agree to debate the Administration Motion 14.1 - Proposed introduction of an Article 4 Direction in relation to HMOs.

Councillor Tim Roberts left the meeting for consideration of this item as he said he would.

Councillor Shimon Ryde moved the Motion in his name. Councillor Jim Tierney moved his amendment. Debate ensued. Upon being put to the vote the amendment in the name of Councillor Jim Tierney was declared lost.

At least ten members called for a formal division on the voting on the amendment in the name of Councillor Jim Tierney. Upon the vote being taken the results of the Division were declared as follows:

For: 21

Against: 29

Absent: 13

TOTAL: 63

The amendment in the name of Councillor Jim Tierney was declared lost.

Upon being put the vote the motion in the name of Councillor Shimon Ryde was declared carried.

RESOLVED -  Council notes the proliferation, across the borough, of residential properties being used as houses in multiple occupation (HMOs). Existing dwellinghouses (Planning Use Class C3) can be converted to a HMO (Planning Use Class C4), which provides shared accommodation for three to six unrelated individuals as their only or main residence, without the need for planning permission. 

Concerns have been expressed by residents living near HMOs regarding excess noise, parking problems, forests of “To Let” boards, untidy gardens and refuse problems. The Council notes these concerns, as it does the loss of family accommodation through houses being used in this way.

The introduction of an Article 4 Direction removing permitted development rights for change of use from C3 dwellinghouses to C4 HMOs will bring this use under the direct control of the Council and in line with the requirement for planning permission for change of use for larger HMOs of more than six unrelated individuals. Once designated, an Article 4 Direction maybe implemented with an immediate or non-immediate effect.

Council notes that the implementation of an Article 4 Direction with  ...  view the full minutes text for item 14.1

In accordance with Council Procedure Rule 23.5 the Motion in the name of Councillor Eva Greenspan was put the vote without discussion. Upon being put to the vote the item was declared carried.

RESOLVED - Council wishes to recognise the eminent services rendered by the Chief Rabbi, Ephraim Mirvis, within the borough, nationally and internationally, to the enhancement of the Jewish community and the promotion of inter-faith understanding and community cohesion.

Council is proud of the long association Ephraim Mirvis has had with the London Borough of Barnet, from his residency and leadership as Rabbi at the Finchley United Synagogue, or Kinloss, continuing today through his work as the Chief Rabbi.

Council notes his substantial contribution to the local community during this time, not least through his founding of the Kinloss Learning Centre and Morasha Jewish Primary School, alongside his work in supporting the inter-faith harmony that is such a strong feature of life in our borough.

Just as with his predecessor as Chief Rabbi, Lord Jonathan Sacks, it is the wish of Council to formally recognise these contributions and record the high esteem in which Ephraim Mirvis is held by the Council and the community.

Council therefore resolves to, at a suitable time, call an Extraordinary meeting of Full Council in order to confer upon the Chief Rabbi of the United Hebrew Congregations of The Commonwealth, Ephraim Mirvis, the Honorary Freedom of the London Borough of Barnet (being the most honourable award it is in the Council’s privilege to bestow).

Councillor Claire Farrier left the meeting for the consideration of this item as she said she would.

Councillor Adam Langleben moved the Motion in his name.  Debate ensued. 

Upon being put to the vote the Motion in the name of Councillor Adam Langleben was declared carried. Votes were as follows:

For: 20

Against: 1

Abstentions: 29

Absent: 13

TOTAL: 63

RESOLVED - Council notes that up to 150 businesses and charities which employ around 700 people based in Premier House in Edgware were given 4 weeks notice to quit the building following the landlord's decision to develop the property for luxury residential accommodation – a decision made without the need to apply for planning permission as a result of the government’s extension of permitted development rights.

Council notes that as a consequence there will be no opportunity to secure any affordable housing, Community Infrastructure Levy and S106 contributions to meet pressure on health, education and other services or apply conditions to mitigate the impact of the development on neighbours.

Council believes that this development could result in a net loss of revenue to the council in business rates even when any future council tax collected from the development is taken into account.

Council believes that the government's policy on permitted development rights damages local businesses and the council's stated objectives to support growth, local business and town centres and to maximise revenue from business rates.

Council therefore calls on the Leader of the Council to make representations to the government in response to their consultation on permitted development rights setting out LB Barnet's opposition to the rights that enable offices to be converted to flats without the need for planning permission; and that these rules should not apply to office blocks that are full or nearly full of businesses and should only apply to those that are empty or nearly empty. 

Councillor Brian Salinger moved the Emergency Motion in his name. Debate ensued. Upon being put to the vote Motion was declared carried. Votes were recorded as follows:

For: 28

Against: 21

Abstentions: 1

Absent: 13

TOTAL: 63

RESOLVED - Council recognizes that the referendum on the future of Scotland’s sovereignty held on 18th September was of great importance to many Barnet residents and the Council welcomes the result of the ballot which clearly confirmed that Scotland would remain a part of the United Kingdom for the foreseeable future.

Council further recognizes that the debate over the future of Scotland has also highlighted the need for further devolved powers to be given to nations of the United Kingdom and calls on Her Majesty’s Government to bring forward plans that will ensure that legislation that affects only the interests of the people of England or England and Wales are voted on solely by Members of Parliament elected to represent those parts of the United Kingdom.

There were none.