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Full Council

Wednesday, June 7, 2023

7:00 PM - 9:00 PM

Council Chamber

Cllr Margaret North

You are hereby summoned to an ordinary meeting of the Full Council which is to be held on Wednesday 07 June 2023 at 7pm in the Council Chamber, Municipal Offices, Marcus Hill, Newquay to transact the business contained in the attached agenda and associated papers.

Agenda documents


Agenda items

  1. 1

    To receive and accept apologies for absence.

  2. 2

    To receive Declarations of Interest and Dispensations awarded in respect of items on the agenda.

  3. 3

    To take as read and confirm as accurate the minutes of the meetings held on:

  4. 4

    To discuss or note any matters arising from the minutes under item 3.

    This is for information only unless specific matters/items are on the agenda for decision.

  5. 5

    To receive, question and note the Police Report (to follow)

  6. 6

    To receive previously notified public questions from attending electors of Newquay.

    In line with Standing Order 3(e), members of the public may make representations, answer questions and give evidence at a meeting which they are entitled to attend in respect of the business on the agenda of the meeting.

    In line with Standing Order 3(f), the time allowed under this item is 15 minutes unless directed by the Chair.

    In line with Standing Order 3(g), members of the public shall not speak for more than 3 minutes.

  7. 7

    To receive and note the list of Correspondence and to refer or respond accordingly (if any)

    Please note any emails or letters that have already been circulated to members will not be included unless a decision is needed that cannot be dealt with outside of Full Council or a committee.

  8. 7.A

    The following actions are now suggested in response to the letter from the MMO.

    Write to the MMO and set out the following :-

    1. The documentation that supports the MMO License Condition 5.2.6 which requires the developer to submit a “method statement” and “an updated construction environmental plan” – both of which need a written approval by the MMO. We asked to see both documents and the MMO written authorisation. They refer us to their website – but we cannot see any document dated after the issue of the license on 28 July (other than a cross one from EA). If these are online, perhaps they could provide us with a link or provided us with a copy of the dated documents and their formal approval.
    2. We would particularly interested to see if they amended Condition 15.2.15 which required them to get their heavy equipment along a “working corridor” to the site across the beach – and not as they did do, swing it down the cliff. We have reports that there is evidence of a bulge in the cliff strata caused by the heavy weight of the crane and its load (looking at the pictures of the works, we don’t think they did anything remotely similar to the original method statement in the license). 
    3. Can you also confirm whether the MMO took into account the objection which Cornwall Council submitted in its CSA capacity?
  9. 8

    It was proposed by Cllr J Kenny, second by Cllr N Morris and RESOLVED unanimously that the Planning & Licensing Committee make the following Recommendation to Full Council:

    That Full Council write to Cornwall Council, both in their role as the Local Planning Authority (LPA) and the Coastal Protection Authority (CPA), questioning whether:

    1. such a limited level of evidence, submitted without any form ofcliff stability risk assessment, should have been accepted as sufficient to allow the discharge of Condition 2 of Decision Notice C2/07/00913 (as allowed under PA21/07740); and,
    2. given the unprecedented number of rock falls that have taken place since cliff face drilling commenced under MMO license L/2022/00300/1, can the discharge of C2/07/00913 Condition 2 (as allowed under PA21/07740) be considered an effective means of ensuring that the development is “…protected from cliff erosion for the lifespan of the building…”; and
    3. in light of the damage caused to the stability of the cliffs above Whipsiderry Beach, are Cornwall Council, as both the LPA and CPA, now prepared to acknowledge that the scheme and associated works, permitted underC2/07/00913, are in breach of the SMP2, the Newquay Neighbourhood Plan and the Climate Emergency DPD, and will they now instigate an enforcement action that would see all works halted until such time as a full review of the permissions granted has been undertaken.

    Please Note:

    • A number of relevant documents have been added to this item for background information in order to assist members in their debate and decision-making as followed:
      • (A) A couple of diagrams from the report which CC considered sufficient to assert that condition 2 had been fulfilled. Their conclusion was based solely on the claims on page 69 (effectively without intervention, the cliffs will retreat to the yellow line, with their works, just to the green line) – with no consideration of what might happen if they percussively drilled all those iron bars (on page 71) into a fragile cliff.
      • (B) What the cliff looked like in 2019 from the update report (we don’t have one of before the drilling started)
      • (C) What the same view looks like, literally today – and a view of the latest fall
  10. 9

    To receive a report on Service Status, Business Continuity matters and Key issues for information and a decision where requested by the Chief Executive and Town Clerk.

  11. 10

    To receive the Mayor’s Announcements (for information only)

  12. 11

    To receive and note the Financial Statements of the Town Council (to follow if not attached).

    Please note:

    • These invoices and payments have already been circulated to members via email and released in the agreed payment approval process. The purpose of this item is to provide a formal minute to show members have seen the  payments list.
    • Any questions on payments on the list should be referred to the Responsible Finance Officer (Anne Banks) outside of the meeting.
  13. 12

    To receive reports from Newquay Cornwall Councillors and for Town Councillors to raise questions on their report(s) (for information only).

    Please note

    • Members wishing to raise a ward or divisional issue, should do so direct with the relevant Cornwall Councillor outside the meeting.
    • This item allows Cornwall Councillors in Newquay to report on updates to live issues or matters of concern and for members of the Town Council to ask questions on those matters reported on.
  14. 13

    To receive, consider and determine the following items (12A - G inclusive) and/or any recommendations contained therein (reports to follow if not attached):

  15. 13.A

  16. 13.B

    To receive, consider and determine any matters appertaining to additions or releases to EMRs in-line with Fin. Reg. 4.2

  17. 13.C

    To receive, consider and determine any matters appertaining to the Council’s Fixed Assets including noting the register

    Please Note:

    • The Asset Register below is the financial asset register and this forms part of the Annual Governance and Accountability return calculations.
    • There is a review across all council services on their asset registers - providing much more information about maintenance, initial purchase and anticipated replacement timeframe.
  18. 13.D

    To receive, consider and determine the effectiveness of internal controls including noting the Internal Auditor’s final interim report and any actions therein

  19. 13.E

    To discuss and formally vote to confirm there are no conflicts of interest with BDO External Auditors (any conflicts to be inserted into the attached form)

  20. 13.F

    To receive, consider and determine the approval of the Section 1 - Annual Governance Statement 2022/23 having first considered the effectiveness of internal control and the Council’s adherence to all relevant regulations and procedures

    Please Note:

    • The Responsible Financial Officer has included recommended responses. However, Full Council determines the response.
  21. 13.G

    To receive, consider and determine the certification/approval of the Section 2 - Accounting Statements 2022/23

  22. 13.H

    To receive, consider and determine any further matters in relation to adoption of the final Year End Financial reports and associated submissions to the External Auditors - if item is needed

  23. 14

    To receive and note the following committee minutes/reports and to consider and make decisions on any recommendations and proposals to Full Council contained therein (unless otherwise dealt with at the previous Full Council meeting):

  24. 14.A

    To receive and note the minutes of the Governance and Resources committee.

  25. 14.B

    To receive and note the minutes of the Planning and Licensing committee.

  26. 14.B.i

  27. 14.B.ii

  28. 14.B.iii

  29. 14.B.iv

  30. 15

    To receive reports from members who sit on outside bodies as well as issues and motions received, in line with Standing Order 9B, from members in relation to Newquay Town Council.
    **Discussions under this item are for information only unless specifically listed on the agenda for a decision and proposals are on the agenda or have been correctly notified in accordance with standing orders ahead of the meeting.

    Any concerns being raised or requests for information should be communicated to the Town Clerk as soon as possible and in good time before the meeting, to ensure they have been afforded the time to look into the matter. Failure to do this is likely to result in the Town Clerk having to note the matter and responding at a later date via email or at a future Council or committee meeting as appropriate.

  31. 16

    To raise and discuss other business at the Chairman’s discretion (for information only)

  32. 17

    The next scheduled Full Council meeting will take place on Wednesday 05 July 2023 at 7pm in the Council Chamber, Municipal Offices, Marcus Hill, Newquay.

    Future Meeting Dates:
    06 September 2023
    04 October 2023
    01 November 2023
    20 December 2023 (Budget)
    07 February 2024
    06 March 2024
    03 April 2024
    01 May 2024 (Annual)