Agenda item - Written questions from members of the public.

A list of public questions received by the due date of the 3 December 2009 will be circulated separately as part of an addendum at the meeting.

 

30.1       The Mayor reported that six written questions had been received from members of the public and invited Mr. Hawtree to come forward and address the council.

 

30.2       Mr. Hawtree asked the following question:

 

“Could Councillor Theobald please tell us what plans he has for bringing back ten-pin bowling to the King Alfred?”

 

30.3       Councillor Smith replied, “The ten-pin bowling facility at the King Alfred Leisure Centre, as you probably know and most people in this Chamber, closed down about 10 years ago when the new one was opened at the Brighton Marina.

 

At the present time it would cost so much money, because it was the site maybe neglected for many, many years, to reinstate at the moment but when we do the Brief for the new King Alfred Centre obviously every option will be taken into consideration and obviously we will look at the ten-pin bowling at that time.”

 

30.4       Mr. Hawtree asked the following supplementary question,

 

“That’s rather encouraging Councillor Smith and I think our petition which was just gathered as a beginning yesterday showed residents recognised that ten?pin bowling provides social cohesion, inclusivity, fitness, even fun and also, I think as in Worthing, being somewhere to go in Hove of an evening, it would also be an economic force. 

 

I hope, as you suggest, you are not now going to dash immediately residents’ hopes to smithereens and so to get this (awful pun) ball rolling would you now agree to join with the dual opposition in actively setting up and studying the means to fulfil this entirely reasonable ambition?”

 

Councillor Smith replied, “Any option, as I said before when we do the Brief we’ll look into it in real one, and if a commercial operator thinks it is viable to have two ten-pin bowling alleys in this city it could be possible.”

 

30.5       The Mayor thanked Mr. Hawtree for his questions and invited Miss Nina Willcock to come forward and address the council. 

 

30.6       Miss Willcock asked the following question:

 

“Would Councillor Smith please define the ways in which he considers the Jubilee Library to be successful in fulfilling its potential for community engagement?”

 

30.7       Councillor Smith replied, “The aims of community engagement are to inform, consult, involve, collaborate and empower.  Jubilee Library fulfils these roles in the following ways:

 

·            Jubilee Library helps to inform people, through the provision of books, journals and online resources that are made freely available.

·            Jubilee Library regularly consults with library users, for instance, through the recent survey that took place in October.

·            Jubilee Library involves the diverse communities in the city.  For instance, working with Brighton & Hove Black History Group to deliver exhibitions, events and activities for Black History month.

        Jubilee Library also gets people involved through volunteering, for instance, supporting children’s activities or working with Rare Books.

·            Jubilee Library collaborates with different community organisations to provide better services for local people.  For instance, by collaborating with Amaze, who support children and young people with special needs, to produce interactive story bags for children with learning difficulties.

·            Jubilee Library helps empower people by providing access to information and knowledge to help them make informed decisions about important things in their lives, such as: pensions – through the Pensions Advisory Sessions; or about their health – through the health information that Jubilee Library provides, and the Books on Prescription schemes.

·            Jubilee Library also empowers people through free access to the internet, enabling people who do not have access at home (and that is 68% of residents of the city who are library computer users) to do things like apply for jobs online.”

 

30.8       Miss Willcock asked the following supplementary question, “That is really excellent but one more point.  Happening upon a flyer, a leaflet or a poster can change a life.  The Jubilee Library has an abundance of empty floor and wall space, yet so little of this is available for display of grass roots community information.  Having said this it was delightful to discover yesterday an additional leaflet dispenser/carousel in the entrance foyer but there is still plenty of room for more.

 

Can we have your assurance please Councillor Smith that the Jubilee Library will take further steps to support public spirited endeavour by displaying local event information in dedicated spaces where it can easily be found?”

 

30.9       Councillor Smith replied, “We’ll do it where we can but obviously it’s more important for us as a public library to have local news and other news like the Health Authority and everything else there but we will look into it and do what we can.”

 

30.10    The Mayor thanked Miss Willcock for her questions and invited Mr. Stephen Neiman to come forward and address the council. 

 

30.11    Mr. Neiman asked the following question:

 

          “Could Councillor Smith please tell us what provision the Council will be making for the arts in Hove?"

 

30.12    Councillor Smith replied “Brighton and Hove has been only one city since 1997, and the cultural provision that we have across the city is for our residents everywhere.  We have the highest level of engagement in the arts outside of London at just under 62%.  This survey was conducted across the whole city and represents all of our residents.

 

We are very proud of the cultural offer that we have in the city on a year round basis.  There are around 60 festivals in Brighton and Hove including the main Brighton Festival in May with the Festival Fringe and the Great Escape and the Open House trails.  In the autumn, there is another cluster of festivals with Cine City the film festival, the Brighton Photo Biennial, the Early Music Festival, the Sacred Music Festival and the very successful White Night.

 

Audiences, participants, performers, artists, musicians – are from all parts of the city.  We will continue to promote and support the arts in the city – it is clearly one of our strengths and something that we are known internationally for.  Part of the reason that people visit the city and part of the reason they want to live here is because of the arts and you know, personally, I 100% support the Old Market Arts Centre and I am the last person who would want to see it closed.”

 

30.13    Mr. Neiman asked the following supplementary question, “I am relieved to hear that and I do know of your commitment.  However, would you not agree with me that critical to that strength of the city’s cultural terrine a variety of venues is important and must be distributed throughout the conurbation?  The Brighton Centre, The Dome, the Hove Centre and the Old Market have all benefited from public funding of one kind or another, although you will be aware that the Old Market, in its 11 years, has not benefited from revenue funding from this council. 

 

Under your instructions Councillor Smith, as Cabinet Member for Culture, you instructed the Acting Chief Executive Officer in February of this year to write to Her Majesty’s Revenue & Customs to confirm, and I have the letter here, that ‘my officers are working closely with the Old Market to provide a financial solution to their historical position’.  As I say I have a copy of that letter with me.

 

Would you, therefore, Councillor Smith assure me and this council and the 3,500 people who have, to date, signed the Old Market petition for financial support that the commitment in that letter was not misleading, erroneous or mischievous and that you will give further commitment to ensure that the council provides financial support to enable the continuation of the Old Market which is west of this Town Hall as a cultural venue?”

 

30.14    Councillor Smith replied, “I can’t answer on the financial report but you have got the full council backing for the Old Market Centre and that letter that we sent to the Inland Revenue there was really alright for the officers to do it.”

 

30.15    The Mayor thanked Mr. Neiman for his questions and invited Mr. John Davys to come forward and address the council. 

 

30.16    Mr. Davys asked the following question:

 

          "The Planning Officer for the i360 has confirmed that not all of the required pre-commencement Conditions had been discharged as of 27^th November 2009.  Every single one of these Conditions must be discharged before any development may commence.  Given this, the works undertaken in the week beginning 12^th October 2009 cannot be considered as constituting lawful commencement of development.  What is the Administration’s view on whether the i360 Planning Consent (BH2006/02369) expired on 25^th October 2009 i.e. 3 years after it was granted?"

 

30.17    Councillor Kemble replied, “I understand that the planning officer also advised Mr Davys that the Planning Authority had taken legal advice on commencement and is satisfied that the development may be treated as having lawfully commenced.  The legal advice is based on current case law.

 

The vast majority of the pre-commencement conditions of the full planning permission and listed building consent have been met, with the exception of conditions relating to hard landscaping and the WWII gun emplacement located beneath the West Pier.  Further discussion and agreement is required regarding condition 17 in respect of the hard landscaping.  Condition 49 and listed building consent 5 require the submission of an historic building report on the WWII gun emplacement located beneath the Pier.  This will be submitted after completion of demolition.  The balustrade details required under condition 21 have been amended and will require a separate planning permission.  The developer has been notified of this.  The controlled pedestrian crossing over the Kings Road cycle path and footway during the construction period for deliveries (condition 9 of the full planning permission) will no longer be implemented.  The structures that support the Upper Promenade are suitable for footway loadings only.  All construction traffic will be from the Lower Esplanade.

 

The Local Planning Authority received written notification of the developer’s intention to commence advanced piling works on 3 September 2009, to comply with listed building consent 7 and clause 3.1 of the S106 Legal Agreement, dated 16 October.

 

The advanced piling works commenced on 14 October 2009 at the foot of the stairs to the west of the West Pier within the curtilage of i360.  The piling foundations are accepted as comprising a ‘material operation’ as defined in Section 56(4) of the Town and Country Planning Act 1990.

 

Based on these factors, I would reiterate that it is the opinion of the council’s solicitor that the development may be treated as having lawfully commenced.”

 

30.18    Mr. Davys asked the following supplementary question, “I would just like to ask then, given that there is on file some record of various people being of the opinion that the consent has expired and that the four bore holes filled in October do not constitute the start of development.  Given this, is the council prepared to defend a legal challenge that it is, and I am aware of the case law that you mention there, is the council prepared to defend a legal challenge that it is breaking planning law by bending the rules for the i360?”

 

30.19    Councillor Kemble replied, “I can only repeat that the council’s solicitors’ view is based on current case law and that the council is therefore satisfied that the i360 development has legally commenced.”

 

30.20    The Mayor thanked Mr. Davys for his questions and invited Ms Valerie Paynter to come forward and address the council.

 

30.21    Ms. Paynter asked the following question:

 

          "In an email to the Brighton O planning application agent Ian Coomber, copied to The Brighton Sailing Club, Chris A. Wright stated that "The construction and operation of the Brighton O and future dismantling will require the temporary relocation of the Brighton Sailing Club." and invites Mr. Coomber to contact the club "with a view to arriving at some form of agreement".  This email was withheld from his working case file even after I requested it be added.

 

          Does the administration want the sailing club off the beach to make way for the Brighton O and support the officer's statement?"

 

30.22    Councillor Smith replied, “The short answer is no, we do not want the Sailing Club to leave the beach.  We are fully supportive of the Sailing Club and always have been.   We recognise the longstanding and valued use of the Sailing Club.  If planning permission is granted for the O it will be on the basis of minimum disruption to and full consultation with the Sailing Club.  The council will not hesitate to use its position as landlord to safeguard the Sailing Club’s position and I am confident that a satisfactory solution can be reached.”

 

30.23    Ms. Paynter asked the following supplementary question, “The Sailing Club I can tell you has no intention of voluntarily leaving the beach or reneging on the agreement it made with the i360 developers for temporary boat storage.  Officers are not prepared to allow the Brighton O to operate simultaneously with i360, so the question arises: why is the Brighton O not on the plans list for December 16 with an outright recommendation of refusal, why has it been deferred to January?”

 

30.24    Councillor Smith replied, ““I understand we are dealing directly with the Sailing Club on this issue.”

 

30.25    The Mayor thanked Ms. Paynter for her questions and invited Ms Christina Summers to come forward and address the council.

 

30.26    Ms. Summers asked the following question:

 

          “As a member of Calvary Church situated on Viaduct Road, and an active member of several local community groups including Transport21, I appreciate the complexities that the Council face as they begin to tackle the problems of traffic, pollution and noise around Preston Circus. These issues are serious, present a constant danger to public health & safety and the pollution alone exceeds EU limits. Can the Council at least give assurances that it will take measures that are affordable, effective and quick to implement such as a speed camera to deter traffic speeding into, and along, Viaduct Road?”

 

30.27    Councillor Theobald replied “I agree with you that the issues in and around the London Road area are complex and also not just about transport.  This is why we are developing a master plan, known as a Supplementary Planning Document, to tackle these issues, especially air quality levels.

 

Speed cameras can only be installed where specific criteria are met and are associated with casualties and excessive speed.  In the last three years there have been no recorded collisions.  However, if there is evidence that the installation of cameras will meet the criteria in this area in future, we will seriously consider them.  In the meantime, I will ensure that the Police are made aware of your concerns about speeding drivers.”

 

30.28    Ms. Summers asked the following supplementary question, “The Minister of Calvary Church recently highlighted his concern about pollution caused by traffic in a letter to several Councillors.  He referred to a young mum living in Shaftesbury Road who, some 35 years ago, had expressed her distress at air pollution levels and the effect this would have on her babies.  He assured her then that the council were bound to take measures to deal with it.  This never happened and she moved out of the area.

 

Could the current Administration assure mums like her that they will do something, somewhat quicker, before they all move out of the area?”

 

30.29    Councillor Theobald replied, “Well we have been in Administration for just over two years and you refer to 35 years ago.  I can remember the area extremely well because I was the Councillor for that area some 15/20 years ago in opposition.

 

I cannot answer your question specifically and say any more than what I have just said to you and that is that the Supplementary Planning Document is one that is being considered later this evening and there are many points in that which hopefully will alleviate your concerns.”

 

30.30    The Mayor thanked Ms. Summers for her questions.