Agenda and minutes

To receive declarations of interest from Members on items contained within this agenda.

There were no declarations of interest stated.

To consider the Minutes of the previous meeting(s)

Resolved:              That the minutes of the meeting held on 25 September, 2024 be agreed as a correct record.

The Mayor advised Members of his Christmas Carol Service at All Saints Church in Madeley on Sunday 8^th December at 630pm.  All Members were invited to attend.

On Sunday 24 November the town will be commencing its Christmas festivities with a market, entertainment and food, followed by the switching on of the Christmas lights.  The Mayor encouraged all Members to attend.

The Mayor stated that, on 1^st December it would be his pleasure to attend 100^th birthday celebrations of a lady in Clayton.  The family had requested the Mayor’s attendance and he would be presenting her with a little gift on behalf of the Council.  

The Leader introduced a report updating Members on the latest position regarding the odours at Walleys Quarry.

Complaints had risen and monitoring equipment was showing high spikes, particularly on the equipment at Maries way.  In October, 290 complaints of foul gas odours were received, more than the same period over the last three years and up until today, 339 complaints had been received this month.  The Council was still not seeing any action from the Environment Agency (EA).  A public inquiry had been requested but had been knocked back by both the previous and current governments.

Members were asked to approve the allocation of more money to the fighting fund for legal action.  The Council had employed King’s Counsel and there were experts working on the case to lead to legal action.

There were things happening at the quarry that were outside of the Council’s powers – even from an abatement notice point of view; this included the parking up of lorries.  The County Council has a team that were looking into this.  The police were also taking action.

The Council was doing all that it could; lobbying government, whether that was to hold the EA to account or having put the abatement notice in place.  Officers were monitoring the site closely to see if there were any further breaches of the abatement notice.

Councillor Sweeney stated that the situation was getting no better and earlier today it could be smelt in Clayton which was rare.  The Council was doing what it said it would do and was being done in different tranches.

Councillor Dave Jones stated that it was critically important that Council secure legal action in response to breaches of the abatement notice.  The landfill site had been a plague over the past month with a number of real high-odour days. The odour had landed on Keele Campus, causing several issues including affecting an open day with prospective students turning up on a day when the smell was horrendous.  This could have huge ramifications, not just for the university but also for residents of the Borough who rely on the contribution to the economy that the university provided.  Lorries had also become a problem.  The police had been contacted on a number of occasions when lorries had been parked on Keele Bank and traffic had been forced to cross an unbroken single line on the highway, which was against the law.  However, the police had stated that matters were not in themselves criminal.   The Leader was asked that, in conversations with the Deputy Police and Crime Commissioner, to raise that on occasions it had been difficult to understand why the police were not acting when motorists lives were being put at risk.

Councillor Bettley-Smith stated that in the past week the smell had been in the Brampton, town centre, Thistleberry and even Betley.  It was outrageous that the Council was having to spend council tax payers money on taking this action because the EA had failed. 

Councillor Stubbs  ...  view the full minutes text for item 4.

The Portfolio Holder for Finance, Town Centres and Growth introduced a report seeking to adopt an updated Gambling Licensing Policy. 

The draft Policy has been seen by the Licensing and Public Protection Committee last month.  The consultation had been completed and it was now here to be approved. The Policy would be published on 3 January, 2025, subject to its approval this evening and then implemented on 31 January, 2025.

No major changes had been made to the policy but a few typographical errors had been corrected and dates changed.

Councillor John Williams referred to page 10 of the Policy – paragraph 15 – protecting children and other vulnerable persons from being harmed by gambling.  He stated that he would like the Health, Wellbeing and Environment  Scrutiny Committee to do a piece of work on this element, such as  organisations within the Borough that could be contacted.

Councillor Stubbs asked the Portfolio Holder what principles had been inserted into the document from a Newcastle point of view. The document did mention a local area profile and the Portfolio Holder was asked if an opportunity had been missed to talk about issues in Newcastle and included specific figures.

Councillor Gorton had an understanding that the Local Government Association had recommended that the Council should provide training for front line staff, who could then direct people to websites and agencies to help with problem gambling.  He asked if the Council provided such training and if not, should it be doing so.

Councillor Brown referred to page 29 of the agenda, paragraph 1.3 bullet point 9 which stated that national charities had been consulted.  An example of one of the charities was requested.  Also, Councillor Brown had concerns for the use of the term ‘vulnerable adults’ as it was difficult to determine which adults would go on to develop a gambling dependency.  She asked how the Council could ensure that those people were identified and protected.

Councillor Whieldon stated that she had concerns regarding the television adverts put on by organisations to warn people of the dangers of gambling.  There had to be cautious as to how much responsibility the Council took on.

Responding to the Comments, The Portfolio Holder for Finance, Town Centres and Growth referred to a local area profile where a lot of these things were investigated but online gambling was nothing to do with the Council or the Policy.  Councillor Sweeney stated that it could be taken to the Health, Wellbeing and Environment Scrutiny Committee.

The Leader agreed that a Scrutiny review would be ideal and should be raised at the next meeting of Health, Wellbeing and Environment Scrutiny.

Regarding the training of officers, the Leader stated that in the Council’s licensing function officers offered training to establishments.

Resolved:    That the updated Gambling Licensing Policy appended to this Report, be adopted, as recommended by the Licensing and Public Protection Committee.

Watch the debate here

Councillor Rupert Adcock introduced a report seeking approval to adopt an Animal Welfare Charter for Newcastle-under-Lyme.  A Motion had been passed at Full Council on 24 January, 2024 and the conclusions were set out at paragraph 1.1 of the report.

The draft Animal Welfare Charter had been considered by the Health, Wellbeing and Environment Scrutiny Committee in September and by Cabinet in October.

Councillor Adcock was aware of neighbouring authorities that had also developed similar motions and stated that, by working together in writing to the Government for an outright ban, many voices would be better than one.

The Portfolio Holder for Sustainable Environment seconded the motion stating that The Charter would protect the welfare of animals.

Councillor Gorton asked if his suggestion that a version of the Charter be made available for use in Newcastle schools be taken forward and also, would there be a commitment to review the Charter in the future.

Councillor Whieldon stated that the downflow of the Charter into schools would be wonderful.  Referring to Councillor Adcock’s statement about working with other authorities, she stated  that best practice did not happen enough.

Councillor Reece suggested that the Charter be reviewed in one year’s time, particularly recommendation two – canvassing other local authorities and then maybe to canvass Government.

Councillor Adcock agreed that it would be appropriate to review the Charter in twelve months and to take it through the Health, Wellbeing and Environment Committee, looking at the progress made on canvassing other authorities and anything within the Charter that members of the Scrutiny Committee wished to comment on.

The Leader stated that animal welfare was important and getting more authorities to sign up to a policy would be really good.  Councillor Gorton’s suggestion regarding taking the Charter into schools was a good idea.  The Council already visited schools to talk about recycling and the Portfolio Holder for Sustainable Environment was already in discussion with officers to take this into schools too. 

Regarding the use of pesticides, this Charter fitted with other policies and charters of the Council, including the Nature Recovery Declaration.

Resolved:    (i)       That the Animal Welfare Charter be approved and

adopted, subject to any further amendments, noting the comments from the Health Wellbeing and Environment Scrutiny Committee and Cabinet.

(ii)      That officers be authorised to canvass other local

authorities to establish the appetite for collectively writing to the UK Government urging a ban on the giving of live animals as prizes on public and private land.

Watch the debate here

The Leader introduced a report to note changes in political proportionality following a change in political balance of the Council, resulting in changes to committee membership and to appoint a member to the Charity of Sir John Offley, Madeley.

Wendy Brockie was wished well for the future and thanked for her time as a Councillor.

Councillor Jones stated that Wendy had been a fantastic Councillor and vociferous supporter for Town Ward and all of its interests.  Wendy was wished well, including congratulations on the birth of her first grandchild.  The Leader wished to be associated with these comments.

Resolved:    (i)       That the change to political balance of the Council following a vacancy as a

result of implementation of Section 85(1) of the Local Government Act 1972, be noted

(ii)      That as a result of this change, it be noted that the seats allocated to the Conservative Party on the Finance, Assets and Performance Scrutiny Committee be increased by one seat, with a corresponding decrease of one seat for the Labour Party.

(iii)      That the nomination of a member of the Conservative Party to the

Finance, Assets and Performance Scrutiny Committee, be approved.

(iv)     That it be noted that, following a by-election for Madeley in July 2024, the Council is asked to nominate a Trustee to the Charity of Sir John Offley, and endorses the nomination of Cllr. Jill Whitmore to this position

Watch the debate here

The Leader, Councillor Simon Tagg presented the statement that had been circulated about the activities and decisions made by Cabinet to allow questions and comments. Reference was made to the Council’s Annual Report and the Leader stated that this Council ‘made things happen’ and this Statement reflected that.

Questions were raised and responses were provided as follows.

On paragraph 2 – Newcastle Town Centre Regeneration Update

Councillor John Williams raised concerns regarding all the works commencing at the same time and impacting upon businesses and asked the Leader and Portfolio Holder to speak with businesses in the town to ensure that they were on board with safety aspects and traffic controls in the town.

The Leader agreed and stated that officers did a lot of work with businesses in Merrial Street in preparation and it would be the same with the Midway.  It needed to be ensured that traffic movements were taken care of.

On paragraph 3 – Contract Award for the Digital Infrastructure Project

Councillor Holland asked the Leader to outline how the distribution hubs at Community Centres would work and what benefits would be seen by the community.

The Leader stated that it was good news for the Town Deal areas.  Rural areas would be part of a procurement for gigabit broadband.

ITS Technology, the company that had been awarded the contract for the work had a good track record for delivering.  It was hoped that there would be eleven public sector buildings and sixteen community facilities connected to the network.  Part of the development included the creation of a local digital community hub which would include digital inclusion skills and training to the public over the next five years and also possibly connecting community centres across the Borough.

Councillor Richards asked the Leader if the Borough Council was working with the County Council and utility companies to ensure that,  once rolled out, the roads and footpaths were put back into a good stated of repair.

The Leader stated that the County Council did have a protocol when working with contactors digging up roads.  There was a network programme and officer team at the County Council to oversee this.  Our officers were working with the provider too.

 On paragraph 4 – Borough Local Plan Update

Councillor Lewis asked if the information contained within the report was the raw data of just the responses that had been acknowledged.

The Portfolio Holder for Strategic Planning stated that feedback had been collated by theme so that only one response was required to avoid replication.  All comments were being recorded and put onto the website and all of the comments would be forwarded to the independent inspector. 

Councillor Crisp asked the Portfolio Holder for Strategic Planning if he agreed that the progress made on the local plan made the Borough’s green spaces safer and was a vindication of the Council’s decision to go ahead with a bespoke plan for Newcastle.

The Portfolio Holder stated that he was 100% behind the local plan.  ...  view the full minutes text for item 8.

a)       Planning Committee

b)       Licensing and Public Protection Committee

c)       Audit and Standards Committee

Reports for the Planning Committee,  Licensing and Public Protection Committee and the Audit and Standards Committee were attached to the agenda.

Members were advised that none of the Scrutiny Committees had met since the last Full Council meeting.

Resolved:    That the reports be received.

Watch the debate here     

Question from Councillor Mandy Berrisford to the Portfolio Holder for Strategic Planning

“The portfolio holder will be aware that a date of 8th September was set, by Court Order, for the removal of the baled waste from land at Doddlespool Hall Farm, in the Betley area of my ward. Last Sunday evening (17 November), at about 17.00, I was contacted by concerned residents about a fire on the land at Doddlespool Hall Farm. They informed me the fire brigade had been called.  Can the portfolio holder assure me that the Environment Agency has checked the court order has been complied with and the baled, or indeed other waste, was not the source of the fire?  Can the portfolio holder also assure me that the relevant Borough Council Officers have confirmed that, since the fire on Sunday evening, there is no ongoing risk to residents?”

The Portfolio Holder for Strategic Planning stated that it had not been possible to confirm whether the fire concerned baled waste or other types of waste on site.  The Portfolio Holder did confirm that the Environment Agency (EA), via a court order had required the removal of waste by 8 September, 2024 but the understanding was that the court order had not been complied with.  Any further legal action would have to be pursued by the EA.  The EA had been approached by the Council for comment but, as of yet, had not received a response.

The Council, in conjunction with Staffordshire County Council and Cheshire East Council and the EA were currently undertaking a joint investigation with the intention of taking enforcement action against breaches of planning permission and the illegal deposition of waste at the site.

Councillor Berrisford asked a supplementary question:

“Adam Jogee MP had spoken strongly and passionately about waste crime and air quality issues in two recent Westminster Hall debates on 5 September and 14 November respectively.  He mentioned the land at Doddlespool Hall Farm saying that something must be done very urgently.  Will the Portfolio Holder press the EA and the MP to take the necessary action to ensure that the Doddlespool Hall Farm site is compliant with statutory requirements.  Will the Portfolio Holder ask the MP to press the Minister  to hold an inquiry into the waste crime and related failings of the EA.  Finally, given the baled waste remained on the land at Doddlespool Hall Farm for several years, after being reported to the EA as an environmental hazard does the Portfolio Holder have faith in the EA and would he regard the EA as no longer being fit for purpose.”

The Portfolio Holder stated that he would be happy to write to the EA and MP.  It was a long standing problem that needed resolving.  He welcomed the MP’s words on this and hoped that the MP would be working behind the scenes to pressurise the EA to do their job.  The Portfolio Holder did not have confidence in the EA and had not for a  ...  view the full minutes text for item 10.

To receive from Members any petitions which they wish to present to the Council.

No petitions were received.

To consider any communications which pursuant to Section B4, Rule 9 of the constitution are, in the opinion of the Mayor, of an urgent nature and to pass thereon such resolutions as may be  deemed necessary.

There was no urgent business.

To resolve that the public be excluded from the meeting during consideration of the following report(s) as it is likely that there will be disclosure of exempt information as defined in paragraphs contained within Part 1 of Schedule 12A (as amended) of the Local Government Act 1972.

There were no confidential items.