Agenda and minutes

Councillor Jane Kidd declared a Disclosable Pecuniary Interest in relation to Agenda Item 8, Motion submitted by Councillor Leanne Hempshall, in relation to the Disability Employment Charter, by virtue of her working for a disability charity that provided paid for services, such as Disability Confidence Training and reasonable adjustments training, and left the meeting during consideration thereof.

RESOLVED that the minutes of the Council Meeting held on 13th July, 2023, a copy of which had been circulated to each Member, be agreed as a true record and signed by the Chair of Council.

The Mayor of Doncaster, Ros Jones, made the following announcements:-

“I would like to make a brief announcement on our efforts to save and reopen our Airport.

Colleagues, yesterday I took a report to an Extraordinary Cabinet meeting, to update on a wide range of work that has been underway during the last year and critically into 2023, to find a solution to reopening the site which could unlock millions of pounds worth of investment and jobs.  I am pleased to say that Cabinet provided their unanimous support to this Council’s efforts; for that I thank you.  Although there are still hurdles to overcome, we are making progress.

A huge amount of work has been done to get us to this point and I want to place on record, my thanks to all the Council Officers and partners, who have contributed to the project so far.  The next step is to obtain an Airport Operator; this procurement exercise will commence on Monday and run through until March, 2024.

Re-opening Doncaster Sheffield Airport is my number one priority.  A positive outcome would mean so much to local communities and businesses, and underline our ambition as one of the UK’s newest Cities.

We are hopeful that a lease can be secured and look forward to working with interested parties in the reopening of our Airport.  We have already initially tested the market for those industry experts who can partner with us to get the Airport reopened as soon as we can.  If we get the lease agreed, then reopening the Airport will not happen overnight of course, but it would be a huge step forward.

I do hope that we can share good news soon and continue the journey to reopen our Airport.  However, there are still very significant challenges ahead. A lease must first be agreed with the current landowners on acceptable terms.  The decision to fully close the Airport, rather than continue aviation operations as we originally proposed, has added significant costs and uncertainty to the reopening process, but we believe we have an exceptional asset that can be the jewel for South Yorkshire.”

Councillor Sarah Smith, Cabinet Member for Adult Social Care, made the following announcement:-

“I would like to make a brief announcement about the Choose Kindness movement and its launch this weekend.

Choose Kindness is a City-wide movement that aims to promote acts of kindness and the positive impact that they can have on people, place and planet.

This is not something new, it’s actually about building on all the existing positive things that are already happening across the City and making them even stronger.

It is a reminder that we all have the power to make a difference to each other’s lives, whether that is a small gesture or getting involved in projects to support others and the environment we live in.

These small gestures can create a chain reaction of kindness and brighten someone’s day.  They can range from checking up on  ...  view the full minutes text for item 30.

(a)   Question from Mr Martin Butterworth to the Mayor of Doncaster, Ros Jones:-

“City of Doncaster Council’s (CDC) Neighbourhood Response Team is actively challenging offenders who are fishing illegally on the lake at Lakeside.  It has amassed a large body of evidence of offences being committed by a considerable number of offenders yet not one of these offenders, including several persistent offenders, has been prosecuted.  Will the Mayor instruct CDC’s law officers to ensure that action is taken to prosecute offenders for illegal fishing under CDC’s byelaws and will she also liaise with the Police to prosecute offenders under the Theft Act for theft of CDC’s fishing rights?”

(b)  Question from Mr.Kevin Pritchard to the Mayor of Doncaster, Ros Jones:-

“Recent posts in the Bessacarr Lakeside Group garnered circa 200 comments complaining of illegal fishing at Lakeside.

Local residents have spent many hours on the phone reporting to the Council's ASB helpline. Countless more providing video, photographic and written statements to evidence the crimes under Council’s byelaw and provided assurance of eye-witnesses attendance at Court.

There is respected research evidence that shows low level crime, unpunished, leads on to more serious crime.

The Council has made repeated assurances that it will prosecute offenders. When will it do so?”

(a)   Question from Mr Martin Butterworth to the Mayor of Doncaster, Ros Jones:-

“City of Doncaster Council’s (CDC) Neighbourhood Response Team is actively challenging offenders who are fishing illegally on the lake at Lakeside.  It has amassed a large body of evidence of offences being committed by a considerable number of offenders yet not one of these offenders, including several persistent offenders, has been prosecuted.  Will the Mayor instruct CDC’s law officers to ensure that action is taken to prosecute offenders for illegal fishing under CDC’s byelaws and will she also liaise with the Police to prosecute offenders under the Theft Act for theft of CDC’s fishing rights?”

(b)   Question from Mr. Kevin Pritchard to the Mayor of Doncaster, Ros Jones:-

“Recent posts in the Bessacarr Lakeside Group garnered circa 200 comments complaining of illegal fishing at Lakeside. 

Local residents have spent many hours on the phone reporting to the Council's ASB helpline. Countless more providing video, photographic and written statements to evidence the crimes under Council’s byelaw and provided assurance of eye-witnesses attendance at Court.

There is respected research evidence that shows low level crime, unpunished, leads on to more serious crime.

The Council has made repeated assurances that it will prosecute offenders. When will it do so?”

As the two questions from the members of the public related to the same subject, Ros Jones, the Mayor of Doncaster, provided the following joint response:-

“The standard of evidence required by the Court in order to bring a successful prosecution for breaching the Council’s byelaws at Lakeside is very high. Some previous reports of fishing activity were not sufficiently detailed to sustain a prosecution. We have now received what we consider to be compelling evidence and the Council’s legal team are working with the investigating officers with a view to submitting a prosecution file to Court.

The Council’s Neighbourhood Response and Enforcement teams are aware of these issues and will be monitoring the area carefully for future breaches, and if found, we will look to prosecute other offenders.”

In accordance with Council Procedure Rule 13.10, Mr. Butterworth asked the Mayor of Doncaster, the following supplementary question:-

“My question refers specifically towards liaison with South Yorkshire Police (SYP) about prosecuting offenders under the Theft Act and the CDC fishing rights.  I emphasise fishing rights following the theft of fish.  The answer I have in front of me does not say whether CDC is liaising with SYP with a view to prosecuting offenders under the Theft Act.  Has CDC complained to SYP that its fishing rights are being stolen on a daily basis? Unless it does so, SYP will not be able to intervene to investigate these offences under Schedule 1 of the Theft Act.”

The Mayor of Doncaster, Ros Jones, gave the following reply:-

“I will ensure that we will continue to collaborate with the Police in order to deliver what we can for the residents of our Borough.”

In accordance with Council Procedure Rule 13.10, Mr. Pritchard asked the Mayor  ...  view the full minutes text for item 31.

The Council considered a report, which was presented by Councillor Austen White, the Chair of the Audit Committee, which outlined the proposed revisions to the Council’s Contract Procedure Rules (CPRs) and the Financial Procedure Rules (FPRs). 

It was reported that the overall aim of the revisions was to ensure the CPRs offered best practice contracting opportunities, delivered effective governance and were legislatively compliant.  The changes to the FPRs ensured they provided greater clarity to managers, were practical to use and ensured financial decision making was made at the appropriate level.  These documents formed part of the Constitution and therefore required approval by Full Council.

Members noted that the Audit Committee considered and endorsed the proposals on the 12th September, and that Members of the Elections and Democratic Structures Committee were also invited to this meeting.

RESOLVED that the proposed revisions to Contract Procedure Rules and Financial Procedure Rules, as outlined within Appendices 1 to 2, be approved and the revised documents be incorporated within the Council’s Constitution.

Disability Employment Charter

For far too long disabled people have not enjoyed the same employment opportunities as the wider working age population. The employment gap between disabled and non-disabled people has remained persistently large, at approaching 30%, and there is no evidence that significant change is in sight.

The Disability Employment Charter (“the Charter”) was launched in October 2021. The purpose of the Charter is to petition the Government to introduce change to level up opportunities for disabled people seeking and in employment. Organisations which sign the Charter are showing support for the introduction of these measures for change.

The Charter outlines nine areas for the UK Government to consider which will improve disabled people’s employment outcomes. The actions are set out to provide the Government with a road map for change as it develops the next phases of its National Disability Strategy.

Objectives of the Charter are to increase employment opportunities and job satisfaction for disabled people, reduce disability pay gaps, benefit the taxpayer and support the UK’s post-pandemic recovery by providing employers with the widest possible talent pool to address skills shortages.

The measures set out in the Charter align with many of our organisational equality objectives and measures we are already taking as an Authority to support disabled colleagues and if adopted by the Government would further support the Authority to become a more inclusive employer.

To date there is no confirmation about if or when Government will consider the Charter from a national perspective.

The labour market disadvantage disabled people encounter is demonstrated by a large and enduring disability employment gap, and disability gaps in pay, job satisfaction, and work-related well-being.

This charter outlines the action the government needs to take to address the disadvantage disabled people encounter in their working lives.

The Disability Employment Charter was founded by Disability Rights UK, Disability@Work, the University of Warwick, the DFN Charitable Foundation, Leonard Cheshire, Scope, Shaw Trust Foundation, and UNISON.

Over 130 organisations within the public, private and voluntary sectors have become signatories to the Charter. Public sector organisations who have signed up to the Charter include Adur & Worthing Councils, Kent Fire & Rescue Service, Lancashire & South Cumbria NHS Trust and Lancashire Teaching Hospitals.

The Disability Employment Charter - https://www.disabilityemploymentcharter.org/

1.     Employment and pay gap reporting. 

The government should require all employers with 250+ employees to publish data annually on: the number of disabled people they employ as a proportion of their workforce; their disability pay gap; and the percentage of disabled employees within each pay quartile.

2.    Supporting disabled people into employment. 

The government should: increase disabled people’s access to employment programmes and apprenticeships; increase the scale, quality and awareness of supported employment programmes and supported internships; and increase the provision of tailored careers advice to disabled people.

3.    Reform of Access to Work (AtW). 

The government should: remove the AtW support cap; ensure application/renewal processes are efficient, personalised, and flexible; entitle disabled job-seekers to ‘in principle’ indicative awards; facilitate passporting of awards between organisations and from  ...  view the full agenda text for item 33.

In accordance with Council Procedure Rule 16.1, a Motion was submitted by Councillor Leanne Hempshall and Seconded by Councillor Glynis Smith :-

Disability Employment Charter

“For far too long disabled people have not enjoyed the same employment opportunities as the wider working age population. The employment gap between disabled and non-disabled people has remained persistently large, at approaching 30%, and there is no evidence that significant change is in sight.

The Disability Employment Charter (“the Charter”) was launched in October 2021. The purpose of the Charter is to petition the Government to introduce change to level up opportunities for disabled people seeking and in employment. Organisations which sign the Charter are showing support for the introduction of these measures for change.

The Charter outlines nine areas for the UK Government to consider which will improve disabled people’s employment outcomes. The actions are set out to provide the Government with a road map for change as it develops the next phases of its National Disability Strategy.

Objectives of the Charter are to increase employment opportunities and job satisfaction for disabled people, reduce disability pay gaps, benefit the taxpayer and support the UK’s post-pandemic recovery by providing employers with the widest possible talent pool to address skills shortages.

The measures set out in the Charter align with many of our organisational equality objectives and measures we are already taking as an Authority to support disabled colleagues and if adopted by the Government would further support the Authority to become a more inclusive employer.

To date there is no confirmation about if or when Government will consider the Charter from a national perspective.

The labour market disadvantage disabled people encounter is demonstrated by a large and enduring disability employment gap, and disability gaps in pay, job satisfaction, and work-related well-being.

This charter outlines the action the government needs to take to address the disadvantage disabled people encounter in their working lives.

The Disability Employment Charter was founded by Disability Rights UK, Disability@Work, the University of Warwick, the DFN Charitable Foundation, Leonard Cheshire, Scope, Shaw Trust Foundation, and UNISON.

Over 130 organisations within the public, private and voluntary sectors have become signatories to the Charter. Public sector organisations who have signed up to the Charter include Adur & Worthing Councils, Kent Fire & Rescue Service, Lancashire & South Cumbria NHS Trust and Lancashire Teaching Hospitals.

The Disability Employment Charter - https://www.disabilityemploymentcharter.org/

1.    Employment and pay gap reporting. The government should: require all employers with 250+ employees to publish data annually on the number of disabled people they employ as a proportion of their workforce; their disability pay gap; and the percentage of disabled employees within each pay quartile.

2.   Supporting disabled people into employment. The government should: increase disabled people’s access to employment programmes and apprenticeships; increase the scale, quality and awareness of supported employment programmes and supported internships; and increase the provision of tailored careers advice to disabled people.

3.   Reform of Access to Work (AtW). The government should: remove the AtW support  ...  view the full minutes text for item 33.

HGV Restrictions

Residents living on the A635 from Hickleton through Marr to Scawsby have suffered for years with air pollution, noise pollution and damage to their conservation areas at the expense of the economic development of Barnsley.  The promised bypass has never come.  Councillor Cynthia Ransome has spent years campaigning for some relief for the residents held hostage by the traffic and had some success with the introduction of speed cameras in early 2021.  But it is not enough.  The Council, in its newly released Air Quality Action Plan, recognises the perilous air pollution levels on the A635, passing through Marr and Hickleton.  The plan recommends an unfunded bypass and highlights the urgent need to reduce traffic within AQMA (Air Quality Management Areas) as a key performance indicator.

The A635 along the route to the A1 from the City centre through Scawsby and Cusworth is an extremely unsuitable single carriageway passing two busy schools that have many parked cars on the road at pick up time.  Recent tragic accidents along the length of the A635, including the fatal injury of a pedestrian struck by an HGV in August this year, highlight a significant concern.  The problem lies not just in the speed, now controlled by cameras for much of its length, but in the sheer volume of traffic, in particular HGVs traversing this route causing air and noise pollution and vibration nuisance to the properties  

The situation extends beyond the protection of residents health in places like Hickleton; it's also about preserving the very fabric of the village itself. Hickleton, recognised as a conservation village, is suffering from considerable damage due to excessive noise and vibration from the heavy vehicles using the road. This has led to not only road surface damage but also harm to the area's historic buildings.  Marr is suffering from similar issues along with Scawsby and Cusworth.

This issue is set to escalate with the planned ES10 development in Goldthorpe.  An internal report by the Council’s Principal Pollution Control Officer (Nov 2021) indicates that Hickleton and Marr have been declared AQMAs by Doncaster Council due to excessive nitrogen dioxide concentrations.  Any proposal exacerbating this issue or hindering its resolution is unacceptable.  The Council’s Principal Pollution Control Officer stated that if it were a Doncaster Council proposal, refusal would be recommended.

If the South Yorkshire Mayoral Authority will not provide a bypass to Doncaster residents despite the available and devolved funds, then Doncaster Council must act to reduce traffic along the A635 by introducing the banning of HGVs.  Alternative routes via existing bypasses north of Hickleton and road extensions near South Elmsall leading to the A1 are viable, along with the dual carriageway through Woodlands on the east side.  Immediate action is required, and I urge this council chamber to put aside party politics and be brave enough to take the action that is needed.  I propose an 18-month experimental Traffic Regulation Order (TRO) that will allow evaluation of a ban on HGVs, an experiment  ...  view the full agenda text for item 34.

In accordance with Council Procedure Rule 16.1, a Motion was submitted by Councillor Glenn Bluff and Seconded by Councillor Cynthia Ransome:-

HGV Restrictions

“Residents living on the A635 from Hickleton through Marr to Scawsby have suffered for years with air pollution, noise pollution and damage to their conservation areas at the expense of the economic development of Barnsley.  The promised bypass has never come. Councillor Cynthia Ransome has spent years campaigning for some relief for the residents held hostage by the traffic and had some success with the introduction of speed cameras in early 2021.  But it is not enough.  The Council, in its newly released Air Quality Action Plan, recognises the perilous air pollution levels on the A635, passing through Marr and Hickleton.  The plan recommends an unfunded bypass and highlights the urgent need to reduce traffic within AQMA (Air Quality Management Areas) as a key performance indicator.

The A635 along the route to the A1 from the City Centre through Scawsby and Cusworth, is an extremely unsuitable single carriageway passing two busy Schools that have many parked cars on the road at pick up time. Recent tragic accidents along the length of the A635, including the fatal injury of a pedestrian struck by an HGV in August this year, highlight a significant concern.  The problem lies not just in the speed, now controlled by cameras for much of its length, but in the sheer volume of traffic, in particular HGVs traversing this route causing air and noise pollution, and vibration nuisance to the properties.

The situation extends beyond the protection of residents’ health in places like Hickleton; it is also about preserving the very fabric of the village itself. Hickleton, recognised as a conservation village, is suffering from considerable damage due to excessive noise and vibration from the heavy vehicles using the road.  This has led to not only road surface damage, but also harm to the area's historic buildings. Marr is suffering from similar issues along with Scawsby and Cusworth.

This issue is set to escalate with the planned ES10 development in Goldthorpe.  An internal report by the Council’s Principal Pollution Control Officer (Nov 2021) indicates that Hickleton and Marr have been declared AQMAs by Doncaster Council due to excessive nitrogen dioxide concentrations.  Any proposal exacerbating this issue or hindering its resolution is unacceptable.  The Council’s Principal Pollution Control Officer stated that if it were a Doncaster Council proposal, refusal would be recommended.

If the South Yorkshire Mayoral Authority will not provide a bypass to Doncaster residents despite the available and devolved funds, then Doncaster Council must act to reduce traffic along the A635 by introducing the banning of HGVs.  Alternative routes via existing bypasses North of Hickleton and road extensions near South Elmsall leading to the A1 are viable, along with the dual carriageway through Woodlands on the East side.  Immediate action is required and I urge this Council Chamber to put aside party politics, and be brave enough to take the action that  ...  view the full minutes text for item 34.

(i)        Questions on Notice to the Executive:-

None received for this meeting.

(a)   From Councillor Jane Cox to Councillor Joe Blackham:-

“Can the Cabinet Member please explain how disabled and elderly are going to navigate 12 inch/30 cm high kerbs on Thorne road Wheatley.  They are dangerous especially as we come to dark nights.  How does this stand with the Equalities Act as most kerbs are not above 6 inch/15 cm high.  Can he also explain how wildlife such as hedgehogs will be able to safely cross the road as the kerbs are not only 12 inch/30 cm high they are a shape that is concave?”

(b)   From Councillor Nick Allen to the Mayor of Doncaster, Ros Jones:-

“What are your views on the Government's recent announcement regarding Nitrous Oxide. Do you welcome the ban.  I do, and I know many Bessacarr Ward residents do too because of the hugely dangerous impact the substance has on people.  Do you feel the ban will be easy to enforce and will it help reduce the amount of canisters dumped in Doncaster’s parks and green spaces?” 

(ii)          Questions without Notice to the Executive and the Chairs of Committees.

A.     Questions on Notice

In accordance with Council Procedure Rule 15.2, the Chair accepted the following questions from Elected Members during “Question Time”:-

(a)   From Councillor Jane Cox to Councillor Joe Blackham:-

Q. “Can the Cabinet Member please explain how disabled and elderly are going to navigate 12 inch/30 cm high kerbs on Thorne Road Wheatley.  They are dangerous especially as we come to dark nights.  How does this stand with the Equalities Act as most kerbs are not above 6 inch/15 cm high.  Can he also explain how wildlife such as hedgehogs will be able to safely cross the road as the kerbs are not only 12 inch/30 cm high they are a shape that is concave?”

A.  In the absence of Councillor Joe Blackham, the Mayor of Doncaster, Ros Jones, gave the following response:-

“As Councillor Blackham has submitted his apologies for this meeting, I will answer on his behalf.

Generally, we install kerbs with a 125mm upstand to prevent vehicular overrun onto the footway and use drop kerbs to provide access at strategic positions along the route for people and disabled people.  Along Thorne Road, we have installed kerbs at a higher level due to the presence of tree roots. However, in order to ensure that we meet our equality obligations, we have made provision for dropped crossings at various points along the section of kerbing to allow for any members of the public with a disability in particular, to be able to safely cross.

There is no legislation that would require the Highway Authority to put in provision for hedgehogs as they do not have a high level of protection unlike bats, grey crested newts and barn owls.

If you require any further information on this, please put it in writing.”

(b)   From Councillor Nick Allen to the Mayor of Doncaster, Ros Jones:-

Q.“What are your views on the Government's recent announcement regarding Nitrous Oxide.  Do you welcome the ban.  I do and I know many Bessacarr Ward residents do too because of the hugely dangerous impact the substance has on people.  Do you feel the ban will be easy to enforce and will it help reduce the amount of canisters dumped in Doncaster’s parks and green spaces?”

A.  The Mayor of Doncaster, Ros Jones, gave the following response:-

“Nitrous Oxide is used as an anaesthetic in medical and dentistry practice, as well as in food production. Often referred to as laughing gas, it is also one of the most commonly used recreational drugs among young people.

Whilst it is rarely associated with addiction issues, the substance abuse of Nitrous Oxide can lead to harmful effects on an individual’s health.  For example, repeated use in quick succession, can lead to a stroke, as oxygen flow to the brain is heavily restricted.

I fully support the classification of Nitrous Oxide as a class C drug.  Under the proposed law change, the unlawful possession of Nitrous Oxide will carry a sentence of up to two years in  ...  view the full minutes text for item 35.

The Council considered a report which requested Members to note the action taken by the Monitoring Officer, acting under delegated authority, in approving the request from Councillor Rob Reid for an extension of absence from attendance at meetings due to ill health.

Members noted that Section 85 of the Local Government Act 1972, provided that if a Member of a Local Authority failed to attend any meeting of the Authority throughout a period of six consecutive months, they would cease to be a Member of the Council, unless the failure was due to some reason approved by the Authority before the expiry of that period.  At its meeting on 27th November, 2014, Council granted the Monitoring Officer delegated authority to approve extended periods of absence for Members.

The report outlined that due to ill health resulting in surgery in May 2023 and a period of recuperation, Councillor Rob Reid had been unable to attend meetings.

RESOLVED that the action taken by the Monitoring Officer in accordance with Section 85 of the Local Government Act 1972, in approving an extension of absence from attendance at meetings due to ill health, for Councillor Rob Reid, be noted.

A.  South Yorkshire Mayoral Combined Authority Board held on 31st July, 2023.

South Yorkshire Mayoral Combined Authority - 310723

B.   South Yorkshire Mayoral Combined Authority Local Enterprise Partnership Board held on 13th July, 2023.

SYMCA Local Enterprise Partnership Board - 130723

C.  South Yorkshire Fire and Rescue Authority held on 19th June (Annual) 19th June (Ordinary) and 24th July, 2023.

South Yorkshire Fire & Rescue Authority - 190623 (Annual)

South Yorkshire Fire & Rescue Authority - 190623 (Ordinary)

South Yorkshire Fire & Rescue Authority - 240723

D.  South Yorkshire Pensions Authority held on 8th June, 2023.

South Yorkshire Pensions Authority - 080623

E.  South Yorkshire Police and Crime Panel held on 12th June (Annual) and 17th July, 2023.

South Yorkshire Police & Crime Panel - 120623

South Yorkshire Police & Crime Panel - 170723

F.  Team Doncaster Executive held on 14th March, 2023 (attached).

RESOLVED that the minutes of the following Joint Authorities meetings be noted:-

A.  South Yorkshire Mayoral Combined Authority Board held on 31st July, 2023.

B.   South Yorkshire Mayoral Combined Authority Local Enterprise Partnership Board held on 13th July, 2023.

C.  South Yorkshire Fire and Rescue Authority held on 19th June (Annual) 19th June (Ordinary) and 24th July, 2023.

D.  South Yorkshire Pensions Authority held on 8th June, 2023.

E.  South Yorkshire Police and Crime Panel held on 12th June (Annual) and 17th July, 2023.

F.  Team Doncaster Strategic Partnership held on 14th March, 2023.