Agenda and minutes

Apologies were received from Cllr Toby Sturgis, Cabinet member for Waste, Property and Environment and Cllr Keith Humphries, Cabinet member for Health and Wellbeing.

To confirm and sign the minutes of the Cabinet meeting held on 16 November 2010.

The minutes of the meeting held on 16 November 2010 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 16 November 2010.

No announcements were made.

To receive any declarations of personal or prejudicial interests or dispensations granted by the Standards Committee.

There were no declarations of interest.

The Council welcomes contributions from members of the public. This meeting is open to the public, who may ask a question or make a statement. Written notice of questions or statements should be given to Yamina Rhouati of Democratic Services by 12.00 noon on Friday 10 December 2010.  Anyone wishing to ask a question or make a statement should contact the officer named above.

The Leader explained that as usual, she would be happy to allow members of

the public to speak at the start of each item if they wished to do so.

Public participation which included questions and statements took place during consideration of the report on the Wiltshire Local Transport Plan 2011-2026 – Car Parking Strategy as referred to in minute number 169 and during consideration of the report on the Review of Indoor Leisure Facilities as referred to in minute number 170. Details of questions and written statements received on these items can be accessed on the following link of the Council’s website:

http://cms.wiltshire.gov.uk/ieListDocuments.aspx?CId=141&MID=509#AI9521

The Leader reported receipt of a question from Mr Michael Sprules, Chairperson of Residents Against Development Affecting Recreational Land (RADAR) in respect of the development of parks and outdoor recreational facilities in Chippenham. Mr Sprules was unable to attend the meeting and the Leader referred to the question and response as circulated which can be accessed on the following link of the Council’s website:

http://cms.wiltshire.gov.uk/mgConvert2PDF.aspx?ID=12722

The following addressed Cabinet:

A report by the Corporate Director, Department for Neighbourhood and Planning is circulated

Public participation

Questions and written statements received all on the car parking charges element of the Car Parking Strategy were provided to Cabinet members, made available at the meeting and can be accessed on the following link of the Council’s website:

http://cms.wiltshire.gov.uk/ieListDocuments.aspx?CId=141&MId=509&Ver=4

Questions

The Leader reported receipt of two questions as follows:

Question from Mr Michael Williams MBE, Chief Executive of the Wessex Association of Chambers of Commerce which included a letter addressed to Cllr Dick Tonge, Cabinet member for Highways and Transport dated 2 December 2010.

Question from Mr Jonathon Knee, General Manager of HJ Knee Ltd Department Store, Trowbridge.

Written Statements

The Leader referred to written submissions received from the following:

PortonDown Tripartite Estates Group

John Glen - Member of Parliament for Salisbury in respect of Salisbury and

      Amesbury

Amesbury Town Council

Col (Ret’d) CA Heggie, Amesbury

Mrs Susie Heggie, Amesbury

Mr Brian C Thompson, Amesbury

Mrs PH and Mr DJ Skinner, Amesbury

Dr Brian Batten, Amesbury

Lt Col NOH de Foubert, Amesbury

Major General and Mrs Patrick Brooking, Amesbury

Mr Michael Freedman, Amesbury

Mr and Mrs Rogers, re Amesbury

Mr and Mrs Rose, Amesbury

Mr FA Bush, Amesbury

Ms C Kisley, Amesbury

Ms Mary Wilson, Amesbury

Mr John Coleman for and on behalf of Amesbury Redevelopment Partnership

Mr John Todd for an on behalf of the Stonehenge Chamber of Trade, Amesbury

Mr Martin and Rosemary Gairdner, Berwick St James

Kate Freeman on behalf of Association of Kennet Passengers

Mr Terry Fell, Devizes

Ms Dee La Vardera, Devizes

Mr Colin Garrett, Devizes

Mrs Anne Richards, Devizes

Ms Judy Bridger, Devizes

Mr Brian Crook, Devizes

Mr and Mrs Larden, Devizes

Mr Nicholas Godden, Devizes

Mr Tony Morton, Devizes

Mr Richard Jaggs for an on behalf of the Devizes Chamber of Commerce

Mr Ian Storey, Corsham

Mr WGV Hall, Director, Martingate Centre Ltd, Corsham

Mr Brian Deeley on behalf of the Trustees, Staff and Volunteers of Age UK

     Wiltshire

Mr Tony Niklin, Chairman of the Car Parking Strategy Working Group for and on behalf of Warminster Town Council

Julie Owen, Lower Compton

Margaret Rawlings, Chippenham

Mr Marcus Kirschner, Chippenham

Sue Atkinson, Calne

Victoria Morris, Marlborough

Terry Parkinson, Salisbury

Mr Vince Delderfield, Salisbury

Terry Parkinson, Salisbury

Mr Pete Hawkins

Cllr Nigel Carter, Wiltshire Councillor for Devizes North

Cllr Russell Hawker, Wiltshire Councillor for Westbury West

Verbal Representations

The Leader provided an opportunity to the above mentioned where present at the meeting and any other members of the public present to address Cabinet to express their views should they wish to do so. She thanked those members of the public who had taken the time to submit their views and gave an assurance that all comments received had been considered and taken into account by Cabinet. Cllr Tonge undertook to respond to all those who had submitted written comments.

The following speakers addressed Cabinet:

Mr Jonathon Knee, General Manager, HJ Knee Ltd Department Store,

Trowbridge

Mr  ...  view the full minutes text for item 169.

A report by the Corporate Director, Department for Neighbourhood and Planning is circulated

Public Participation

Questions and a written statement received on this item were provided to Cabinet members, made available at the meeting and can be accessed on the following link of the Council’s website:

http://cms.wiltshire.gov.uk/ieListDocuments.aspx?CId=141&MId=509&Ver=4

Questions

The Leader reported receipt of questions from Mr Stephen Walls to which a response was provided.

Written Statement

The Leader referred to the written submission from Ms Miriam Elloway.

Verbal representations

The Leader provided an opportunity to the above mentioned where present at the meeting and any other members of the public present to address Cabinet to express their views should they wish to do so.

The following speakers addressed Cabinet:

Stephen Walls

Neil Hawker, Westbury Leisure Alliance

Mike Parker, Westbury Leisure Alliance

Councillor Stuart Wheeler, Cabinet Member for Leisure, Sport and Culture explained the background to the leisure review and the comprehensive consultation exercise undertaken. It was accepted that many of the Council’s leisure facilities were outdated and unsustainable in their present form. The review had been undertaken with a view to providing a replacement, refurbishment and development programme. The programme focused on a 25 year plan for future development, including proposals for new facilities within campuses, improvements to some existing facilities and the potential transfer of some facilities to local community management.

Cllr Wheeler presented a report which gave an overview of the views collected through the Leisure Review consultation process and identified a refined proposal that took those views into account.

The report also explained how the refined proposal would be delivered as part of the Workplace Transformation Programme. This includes the specification of leisure facilities within campuses, the planned improvements to facilities considered part of the Council’s overall operational estate and the determination of the future management arrangements of all operational estate. Details of the refined proposal were presented as detailed in Appendix A of the report presented.

In response to a question from the Westbury Leisure Alliance, the Leader confirmed that should Cabinet agree the refined proposal at this meeting, it was hoped to provide as much information as possible to organisations and community groups who were interested in managing facilities.

Resolved:

That Cabinet:

(a)   approves the refined proposal as set out in Appendix A of the report presented as attached.

(b)  approves that the delivery and implementation of the building and future management elements of the refined proposal be included in and taken forward by the Workplace Transformation Programme.

Reason for Decision

To improve the current indoor leisure facility stock that was inherited as a result of the local government reorganisation.

A report by the Corporate Director, Department for Children and Education is circulated

Cllr Grundy, Cabinet member for Children’s Services referred to the review of Special Educational Needs previously undertaken. The outcome of the review was reported to Cabinet on 27 July 2010 where a decision was taken to proceed with all of the recommendations. Following that decision, the necessary statutory notices were published with responses sought by 22 October 2010.

Cllr Grundy presented a report which outlined the outcome of the consultation on the statutory notices and sought Cabinet’s views on whether it still wished to continue with the proposals in light of the responses to the statutory notices.

Cllr Grundy stressed that one of the purposes of the review was to ensure the cost effectiveness of the service and that any savings made as a result would be ploughed back into the service.

Resolved:

The Cabinet agrees that:-

(a)               the proposals set out in paragraph 6 of the report presented concerning the changes to special schools be confirmed;

(b)              the proposals set out in paragraph 9 of the report presented concerning the proposed closure of Specialist Learning Centres be confirmed and

(c)               that officers be requested to implement these decisions.

Reason for Decision

These proposals, along with the other proposals agreed by Cabinet on 27 July, would initiate the system change needed to improve educational provision and raise the achievement of pupils with SEN.  In view of the limited response to the statutory notices there is no reason to refrain from confirming the proposals set out in those notices.

A report by the Corporate Director, Community Services is attached

Cllr John Thomson, Cabinet Member for Adult Care, Communities and Libraries presented a report which summarised the Care Quality Commission’s (CQC) assessment of the performance of adult social care in Wiltshire during 2009-2010. A copy of the results letter from the CQC was also presented.

The CQC concluded that overall, the Council performed ‘Well’ derived from seven separate domain grades on various areas of activity. It was noted that the Council had been graded ‘Excellent’ for making a positive contribution and ‘Adequate’ for maintaining personal dignity and respect.

Additionally, the Assessment included a judgement for Leadership and for Commissioning and Use of Resources which were very positive. On Leadership, the Assessment concluded that ‘the leadership of adult social care in Wiltshire is strong and focused… The Council’s approach to person centred planning has radically changed the lives of many people with a learning disability in Wiltshire.’

Cllr Thomson and other Cabinet members congratulated the Director of Community Services and her team for such a positive assessment.

Resolved:

That Cabinet note the report.

Reason for Decision

The Director responsible for Adult Social Services is expected to take the CQC Commissioner Assessment to an open meeting of the relevant Committee of the Council by 31January 2011.

Reports by the Interim Chief Finance Officer are circulated

Cllr Fleur de Rhe-Philipe, Cabinet Member for Finance, Performance and Risk presented a report which advised  Cabinet of the revenue budget monitoring position as at 31 October 2010 for the financial year 2010-11.

The figures projected a small under spend of £0.045 million. This was a reduction of £1.083 million in the forecast position since the last monitoring report of £1.038 million which reflected action taken by officers to reduce previously identified overspends. It was noted that future revenue monitoring reports would highlight ongoing progress to achieve a balanced budget.

Resolved:

That Cabinet note the report showing a balanced position, pending future monitoring reports that will highlight ongoing actions being taken to continue a balanced budged.

Reason for Decision

To enable the Cabinet to approve a continued corporate approach to managing the financial pressures and Government reductions.

Cllr Fleur de Rhe Philipe, Cabinet Member for Finance, Performance and Risk presented the report which reflected the position of the 2010-11 capital programme as at 31 October 2010. The revised capital budget for 2010-11 stood at £167 million.

Cabinet was also asked to decide on how the cut in education funding from central Government should be dealt with in the 2010-11 capital programme through the three options identified in the report presented.

Resolved:

That Cabinet:

i)                    notes the current position of the 2010-11 capital programme;

ii)                  notes the budget changes in section 1 of Appendix B to the report presented and

iii)                that the cut in education funding from central Government be dealt with as follows:

to reduce the affected projects in the capital programme by the corresponding cut in funding from central Government. This would reduce the overall spending on education schemes in 2010-11.

Reason for Decision

To inform Cabinet of the current position of the 2010-11 capital programme and identify issues which need to be resolved as a result of cuts in funding from central Government.

A report by the Interim Chief Finance Officer is circulated

Cllr Fleur de Rhe Philipe, Cabinet Member for Finance, Performance and Risk presented a report which sought approval of the proposed Council Tax Base for 2011-12.

It was noted there was a requirement for the Council to approve its tax base annually and notify any precepting authorities before 31 January 2011. Parish and Town Councils would also be notified of the tax base for their respective areas.

Details of how the tax base was calculated and the proposed tax base were presented.

Resolved:

That Cabinet approve the Council Tax Base for 2011-12 as set out in Appendix 1 to the report presented.

Reason for Decision

Before the Council Tax can be set by the Council in February 2011 a calculation has to be made and approved of the Council Tax Base, which is an annual requirement as laid out in the Local Government Finance Act 1992 and the Local Authorities (Calculation of Council Tax Base) Regulations 1992.

A report by the Programme Director, ICT, Information Management and Workplace Transformation is circulated.

Cllr John Noeken, Cabinet Member for Resources presented the report which sought endorsement and adoption of the Council’s new Street Naming and Numbering Policy approval of the revised process for Street Naming and Numbering service following consultation.

Resolved:

That Cabinet approves the Street Naming and Numbering Policy and process as set out in Appendix A to the report presented which had been developed following consultation with Town and Parish Councils.

Reason for Decision

By approving the above proposals, Wiltshire Council will have a sound legal and policy framework on which to deliver the Street Naming and Numbering service in an efficient and customer-focused fashion. The revised process allows Town and Parish Councils to have control over new street names in their area, without significantly changing the volume of administration, while still allowing Wiltshire Council to comply with its statutory obligations in respect of street naming and numbering.

A report by the Corporate Director, Department for Neighbourhood and Planning is circulated

Councillor John Brady, Cabinet Member for Economic Development, Planning and Housing presented a report which updated Cabinet on the progress to develop the Maltings and Central Car Park area of Salisbury. The report also sought approval on specific items which would mitigate risk to the Council whilst ensuring the opportunity is attractive to developers.

Resolved:

(i)                 That the Council offers the Maltings and Central Car Park (MCCP) to the market via an OJEU procurement process.

(ii)               That the MCCP be taken to the market in spring 2011 with a target date of March 2011.

(iii)             To delegate authority to the Director, Economy and Enterprise, in consultation with the Cabinet Member for Economic Development, Planning and Housing and Director of Resources to approve the OJEU procurement process, the minimum project requirements (on the basis referred to in paragraph 16 of the report presented) and the evaluation criteria prior to marketing the MCCP.

(iv)             That Cabinet notes that the existing library may be demolished and replaced as part of the MCCP redevelopment or may be demolished and replaced elsewhere in the city in an alternative suitable location.

(v)               To delegate authority to the Director, Economy and Enterprise, in consultation with the Cabinet Member for Economic Development, Planning and Housing and Director of Resources, for the acquisition of opportunity land interests in and around the MCCP that would enhance the likelihood of delivering a retail-led mixed use development on the site.

(vi)             That Cabinet notes that there may be a reduction in car parking income during or as a result of the carrying out of the redevelopment on the MCCP although this may be offset by a combination of capital receipt and rental income arising out of the redevelopment.  The provision of Park and Ride space around Salisbury will ensure minimal impact to parking for the city.

(vii)           That Cabinet approves the principle of proceeding with a compulsory purchase order at the successful developer’s expense in the event that this is in the public interest and where the chosen scheme cannot proceed without acquiring third party interests.

(viii)         That all interests in the ownership of the Council within the area of land shown edged red on Plan A attached to the report presented (not being public open space or already held for planning purposes) be appropriated for planning purposes at the date the Council allows the successful developer to enter onto such land for the purposes of carrying out development in accordance with a planning permission granted for the development of the MCCP.

Reason for Decision

The delivery of this project would enhance the local economy of Salisbury and address significant retail ‘leakage’ to competing centres, notably Southampton, Bournemouth and Basingstoke. It would help to safeguard jobs and the economic vitality and viability of the City.  It is desirable that this project proceeds now, to avert significant developer pressure for retailing in edge and out of centre locations, which if developed could damage the MCCP project and the future vitality  ...  view the full minutes text for item 176.

Any other items of business, which the Chairman agrees to consider as a matter of urgency

There were no urgent items.

To consider passing the following resolution:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item Number 16 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in  paragraph 3 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Resolved:

That in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in the following item because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in  paragraph 3 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

A confidential appendix to the report by the Corporate Director, Department for Neighbourhood and Planning is circulated

Cllr Brady, Cabinet member for Economic Development, Planning and Housing drew Cabinet’s attention to a summary of the joint DTZ and Wragge & Co report in connection with this item.

Resolved:

That the report be noted.

Reason for Decision

To ensure Cabinet is fully informed with a view to making the decision referred to at minute number 176 above.