Agenda item

Notice of Motion

to consider the following motions received (if any) in accordance with Council Procedure Rule 10.1

 

a.      From Cllr Hodgson and Cllr Brazil

 

“Background:

On Monday 21 June 2021, Caroline Lucas MP presented and gave the CEE Bill its first reading in the House of Commons in this new 2021-22 parliamentary session.  The CEE Bill is now back in the parliamentary system.

The objective of this Bill is to require the United Kingdom to achieve climate and nature targets; to give the Secretary of State a duty to implement a strategy to achieve those targets; to establish a Climate and Nature Assembly to advise the Secretary of State in creating that strategy; to give duties to the Committee on Climate Change and the Joint Nature Conservation Committee regarding the strategy and targets; and for connected purposes. Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 61).

The motion for SHDC therefore reads: “In line with our formal declaration of a climate and biodiversity emergency, and our commitment to actions to change behaviour to address the causes of this situation, and mitigate the impacts, this Council supports the Climate and Ecological Emergency Bill proposed by a coalition of scientists, academics and lawyers with the aim of bringing the UK’s climate policy into one with evolving scientific evidence.  Currently this also supported by 110 members of parliament.  Nationally we need a strong legislative framework that embeds the Government’s targets in law, enabling us as supportive players, to plan and develop our future trajectories, to fit in with those targets.

 

       Council therefore resolves to:

i.              Support the Climate and Ecological Emergency Bill

ii.             Inform the local media of this decision;

iii.            Write to local MPs, asking them to support the Bill; and

iv.           Write to the CEE Bill Alliance, the organisers of the campaign for the Bill, expressing its support (campaign@ceebill.uk).”

 

b.      From Cllr Hodgson and Cllr Brazil

 

“This Council recognises the urgent need to support, protect and enhance biodiversity and habitats.  It therefore agrees to:

 

·           Consider ways that could be used through the planning system to ensure and check that wildlife and habitat mitigation measures agreed by planning condition are carried out and effective, and develop an appropriate policy,

·           Work through the JLP Partnership to measure and monitor wildlife and biodiversity, at a range of key locations over the life of the plan,

·           Develop a policy that would seek implementation of urgent remedial actions that may be advised by recognised experts regarding habitat degradation,

·           Assess the cumulative impacts on wildlife and habitats as and when planning applications for major developments are proposed within 500m of wildlife corridors, known habitats of protected species, planning consultation zones, green field sites, together with the impact of other nearby residential or commercial development applications, sites or built up areas within 500 metres.  This information to be part of the application papers prior to validation for the planning process.

·           Strengthen and implement fully, habitats screening prior to validation of planning applications

·           Ensure that any littering left through the SHDC waste collection services is cleaned up immediately, and thereby prevent this wildlife hazard.

·           Consider options for ‘on the spot’ fines against developers who damage or harm significant wildlife habitats including Devon Banks, and mature native trees and other habitats known to be used by protected wildlife species.”

 

 

 

c.      From Cllr Hodgson and Cllr Brazil

 

“In light of the changes to planning and the Government’s new proposals regarding changes to protected areas across England, South Hams District Council will consider the options of proposing an extension of the South Hams Area of Outstanding Natural Beauty (AONB), to possibly include more of the river catchment areas and consult with key stakeholders accordingly.”

 

 

Minutes:

39/21              

It was noted that three Motions on Notice had been received in accordance with Council Procedure Rule 10.1:

 

(a)    By Cllrs Hodgson and Brazil

 

“Background:

On Monday 21 June 2021, Caroline Lucas MP presented and gave the CEE Bill its first reading in the House of Commons in this new 2021-22 parliamentary session.  The CEE Bill is now back in the parliamentary system.

The objective of this Bill is to require the United Kingdom to achieve climate and nature targets; to give the Secretary of State a duty to implement a strategy to achieve those targets; to establish a Climate and Nature Assembly to advise the Secretary of State in creating that strategy; to give duties to the Committee on Climate Change and the Joint Nature Conservation Committee regarding the strategy and targets; and for connected purposes. Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 61).

The motion for SHDC therefore reads: “In line with our formal declaration of a climate and biodiversity emergency, and our commitment to actions to change behaviour to address the causes of this situation, and mitigate the impacts, this Council supports the Climate and Ecological Emergency Bill proposed by a coalition of scientists, academics and lawyers with the aim of bringing the UK’s climate policy into one with evolving scientific evidence.  Currently this also supported by 110 members of parliament.  Nationally we need a strong legislative framework that embeds the Government’s targets in law, enabling us as supportive players, to plan and develop our future trajectories, to fit in with those targets.

Council therefore resolves to:

i.        Support the Climate and Ecological Emergency (CEE) Bill

ii.      Inform the local media of this decision;

iii.     Write to local MPs, asking them to support the Bill; and

iv.     Write to the CEE Bill Alliance, the organisers of the campaign for the Bill, expressing its support (campaign@ceebill.uk).”

 

The proposer introduced her motion and hoped that all Members would be able to support it.

In the ensuing debate, reference was made to:

(a)    the direct relevance of the Bill to the Council’s recently adopted Climate Change and Biodiversity Action Plan;

 

(b)    the Bill not yet being on the statute book.  Nonetheless, a Member confirmed that she did support a number of the sentiments of the Bill and also recognised that Devon County Council had recently passed a similarly worded motion.

 

It was then:

RESOLVED

 

That Council:

 

1.      supports the Climate and Ecological Emergency Bill;

2.      informs the local media of this decision;

3.      writes to local MPs, asking them to support the Bill; and

4.      writes to the CEE Bill Alliance, the organisers of the campaign for the Bill, expressing its support (campaign@ceebill.uk).

 

(b)   By Cllrs Hodgson and Brazil

 

“This Council recognises the urgent need to support, protect and enhance biodiversity and habitats.  It therefore agrees to:

 

·           Consider ways that could be used through the planning system to ensure and check that wildlife and habitat mitigation measures agreed by planning condition are carried out and effective, and develop an appropriate policy,

·           Work through the JLP Partnership to measure and monitor wildlife and biodiversity, at a range of key locations over the life of the plan,

·           Develop a policy that would seek implementation of urgent remedial actions that may be advised by recognised experts regarding habitat degradation,

·           Assess the cumulative impacts on wildlife and habitats as and when planning applications for major developments are proposed within 500m of wildlife corridors, known habitats of protected species, planning consultation zones, green field sites, together with the impact of other nearby residential or commercial development applications, sites or built up areas within 500 metres.  This information to be part of the application papers prior to validation for the planning process.

·           Strengthen and implement fully, habitats screening prior to validation of planning applications

·           Ensure that any littering left through the SHDC waste collection services is cleaned up immediately, and thereby prevent this wildlife hazard.

·           Consider options for ‘on the spot’ fines against developers who damage or harm significant wildlife habitats including Devon Banks, and mature native trees and other habitats known to be used by protected wildlife species.”

 

In her introduction, the proposer highlighted that wildlife and ecology were often being mitigated against and the intention of the motion was to introduce some policy changes in order to support the Council’s biodiversity requirements.

 

During the ensuing debate, some Members were of the view that the motion was too wide ranging and, whilst the sentiments were admirable, there were aspects that caused concerns such as:

 

-    there being no current provision to impose ‘on the spot’ fines;

-    the significant resource implications on the Council’s already stretched planning service;

-    the inability of the Council to demand that littering was ‘cleared up immediately’; and

-    the relationship between habitat screening and the planning validation process.

 

In light of these concerns, the Members encouraged the proposer and seconder to withdraw the motion from consideration at this meeting and revisit the wording prior to re-presenting it to the next Council meeting to be held on 23 September 2021.  The proposer and seconder considered the request but stated that the wording represented a statement of intent and they did not wish to see any dilution of the wording of their motion.  As a consequence, the Members were not willing to withdraw it from consideration at this meeting.

 

When put to the vote, the motion was then declared LOST.

 

c)    By Cllrs Hodgson and Brazil

 

“In light of the changes to planning and the Government’s new proposals regarding changes to protected areas across England, South Hams District Council will consider the options of proposing an extension of the South Hams Area of Outstanding Natural Beauty (AONB), to possibly include more of the river catchment areas and consult with key stakeholders accordingly.”

 

In her introduction, the proposer made reference to recent correspondence that had been received from the South Devon AONB Manager and she was already aware that Dartington and Staverton Parish Councils would welcome an extension of the AONB.

 

During discussion, reference was made to:-

 

-    this being the first opportunity since AONB’s were formed for any changes to be proposed;

-    a wish for Burgh Island to be included within the South Devon AONB;

-    any proposals to increase the size of an AONB were far from straightforward.

 

It was then:

 

RESOLVED

 

In light of the changes to planning and the Government’s new proposals regarding changes to protected areas across England, South Hams District Council will consider the options of proposing an extension of the South Hams Area of Outstanding Natural Beauty (AONB), to possibly include more of the river catchment areas and consult with key stakeholders accordingly.