Agenda and draft minutes

To elect a Chairman for the forthcoming year.

Cllr James Sheppard opened the meeting and thanked all Members for meetings being positive and businesslike during his time as Chairman.

He offered his thanks to the Democratic Services and Legal teams for their support, and paid tribute to his Vice-Chairman Cllr Andrew Davis.

Nominations were then sought for the position of Chairman for the forthcoming year.

Cllr Bridget Wayman was nominated by Cllr Sven Hocking. This was seconded by Cllr Nabil Najjar.

Cllr Ruth Hopkinson was nominated by Cllr Ian Thorn. This was seconded by Cllr Gordon King.

Following a vote, it was then,

Resolved:

To elect Cllr Bridget Wayman as Chairman for the forthcoming year.

To elect a Vice-Chairman for the forthcoming year.

Nominations were then sought for the position of Vice-Chairman for the forthcoming year.

Cllr Christopher Newbury was nominated by Cllr Bill Parks. This was seconded by Cllr Suzanne Wickham.

There being no further nominations, it was then,

Resolved:

To elect Cllr Christopher Newbury as Vice-Chairman for the forthcoming year.

To receive any apologies for absence.

Apologies for absence were received from Cllrs David Bowler, Pauline Church, Caroline Corbin, Jon Hubbard, Johnny Kidney, Charles McGrath, and Derek Walters.

Cllrs Gavin Grant and Mel Jacob provided notice and apologies that they would arrive later in the meeting.

a)    To approve as a true and correct record and sign the minutes of the ordinary meeting of Council held on 20 February 2024.

b)    To approve as a true and correct record and sign the minutes of the extraordinary meeting of Council also held on 20 February 2024.

The minutes of the ordinary and extraordinary meetings of the Council held on 20 February 2024 were presented for consideration.

On the motion of the Chairman, seconded by the Vice-Chairman, it was,

Resolved:

That the minutes of the ordinary and extraordinary meetings of the Council held on 20 February 2024 be approved and signed as a true and correct record.

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee or Monitoring Officer.

There were no declarations of disclosable interests.

To receive any announcements through the Chairman.

Through the Chairman there were the following announcements:

a)    New Members

It was noted that since the last meeting of the Council there had been election of two new elected Members.

Cllr Robert MacNaughton was elected to Calne Chilvester and Abberd Division on 22 February 2024 following the death of Cllr Tony Trotman.

Cllr Nick Dye was elected to Cricklade and Latton Division on 14 March 2024 following the death of Cllr Bob Jones MBE.

On behalf of the Council the Chairman congratulated Cllrs MacNaughton and Dye on being elected.

b)    Lord Lieutenant of Wiltshire

The Chairman noted the death of the former Lord-Lieutenant of Wiltshire, Mr John Bush CVO OBE KStJ, which was announced on 11 May 2024. Mr Bush was Lord-Lieutenant from Nov 2004 to Feb 2012.

The funeral would take place at Edington Priory Church on 30 May 2024, from 2.00pm. The present Lord-Lieutenant, Mrs Sarah Troughton would be attending the service.

c)    Chief Executive

It was announced on 4 April 2024 that the Chief Executive, Terence Herbert, had accepted the post of Chief Executive with Surrey County Council.

The Chairman noted that Mr Herbert joined Wiltshire Council in 2011, and held positions including Head of Service for Safeguarding, Director for Children’s Services, and Chief Executive Officer for People Services, before being appointed as the sole Chief Executive. During his tenure Children’s Services went from being rated ‘Requires Improvement’ to ‘Outstanding’ in 2023.

On behalf of the Council the Chairman wished Mr Herbert well with his new position and thanked him for all his hard work with Wiltshire Council over the past 13 years. It was stated it was expected he would take up his new position in the summer, and that he would still be in post at the time of the July meeting of Full Council. 

d)    Chairman’s Engagements

Details were provided of recent engagements attended by the outgoing Chairman and Vice-Chairman.

Events Attended by the Chairman, Cllr James Sheppard, from Tuesday 20 February 2024:

•                 Friday 5 April 2024 - Declaration and Appointment of new High Sheriff, Dr. Olivia Chapple, St John the Baptist Church, Bishopstone.

•                 Monday 8 April 2024 - HM Lord-Lieutenant of Wiltshire’s British Empire Medal Presentation Ceremony, County Hall, Trowbridge.

•                 Saturday 13 April 2024 - The Mayor of Melksham’s Civic Reception, Assembly Hall, Melksham.

•                 Saturday 20 April 2024 - Attended Edington Parish Council’s Celebration for Mr. Malcolm Wieck’s 50 years’ service as Clerk to the Parish Council.

•                 Thursday 16 May 2024 - Royal Wootton Bassett Town Council’s Mayor Making Ceremony

•                 Monday 20 May 2024 - Calne Town Council Mayor Making Ceremony

Events Attended by the Vice-Chairman, Cllr Andrew Davis, from Tuesday 20 February 2024:

•                 Monday 11 March 2024 - The Commonwealth Day Flag Raising Ceremony, County Hall. 

•                 Saturday 16 March 2024 - The Mayor of Calne’s Civic Service and river blessing, Castlefields Park and banks of River Marden, Calne. 

•                 Thursday 21 March 2024 - Wiltshire Council Business and Sports Gala Dinner, County Hall.  ...  view the full minutes text for item 29.

The Council welcomes contributions from members of the public.

Statements

If you would like to make a statement at this meeting on any item on this agenda, please register to do so at least 10 minutes prior to the meeting. Members of the public are encouraged to register to speak earlier.

Up to 3 speakers are permitted to speak for up to 3 minutes each on any agenda item. Statements must be relevant to the agenda item.

Questions

To receive any questions from members of the public received in accordance with the constitution. No person or organisation may submit more than two questions to the meeting. No question may be sub-divided into more than two related parts.

Those wishing to ask questions are required to give notice of any such questions in writing to the officer named above (acting on behalf of the Proper Officer) no later than 5pm on 14 May 2024 in order to be guaranteed of a written response. Questions submitted no later than 5pm on 16 May 2024 may receive a verbal response. Questions may be asked without notice if the Chairman decides that the matter is urgent.

Details of any questions received will be circulated to Members prior to the meeting and made available at the meeting and on the Council’s website.

Please contact the officer named on the first page of this agenda for further advice.

The Chairman noted the procedure for public participation at the meeting.

No petitions had been received, and statements would be received under the relevant agenda item.

Questions received from Members of the Public together with written responses were set out in the Agenda Supplement.

Colin Gale, Chairman of Rushall Parish Council, was in attendance and asked a supplementary question regarding Question P24-12. He did not consider the written response had provided a solution or advise when the drain blockage referred to would be cleared and sought a commitment to clearing the drains in a set timescale and keeping this maintained.

He also asked a supplementary question regarding Question P24-13 regarding highways drainage into the River Avon and long term solutions to the ongoing issues.

Cllr Nick Holder, Cabinet Member for Highways, Street Scene, and Flooding, stated that a further written response would be provided. He acknowledged issues relating to the MyWilts App reporting and efforts to prevent the problem of multiple reporting and noted the investment in extra equipment for drain clearage.

Celia Beckett, Hilperton Area Action Group, was in attendance and asked a supplementary question regarding Question P24-14 regarding the Local Plan. She noted the written response on the timescales for submission of the Local Plan, suggested the Plan needed reworking and asked about the public being informed about any delays.

Cllr Nick Botterill, Cabinet Member for Finance, Development Management, and Strategic Planning, highlighted the complex processes required by the legislative frameworks in order to prevent challenges. He stated that restarting the process would leave the council open to speculative development, and that the council would keep the public details up to date.

Celia Beckett also asked a supplementary question regarding Question P24-15 regarding potential sites Northeast of Trowbridge and guarantees on protection for biodiversity, asking whether the detailed comments submitted had been listened to.

Cllr Botterill offered his assurance that all comments were properly considered and listened to and noted that the latest Plan submission had included a reduction in the number of houses planned by around 8000 homes.

Celia Beckett also asked further regarding biodiversity protection. Cllr Botterill stated that the council was proceeding in accordance with legislation, and this included working in a coherent way to ensure biodiversity was not lost, and in some cases would be enhanced.

To receive and note annual reports or updates from the following committees:

·       Overview and Scrutiny (including the Overview and Scrutiny Management Committee, Children’s Select Committee, Environment Select Committee, Health Select Committee)

·       Audit and Governance Committee

·       Licensing Committee

·       Standards Committee

·       Wiltshire Pension Fund Committee

·       Wiltshire Police and Crime Panel

The Chairman introduced a covering report detailing that in order to highlight the activity and key issues dealt with or covered by various council committees, a serious of annual updates had been prepared in order to provide all Members with that information. She moved that the updates be noted, which was seconded by the Vice-Chairman.

Opportunity was provided to Chairmen of the committees which had prepared updates to comment on their reports.

Cllr Graham Wright, Chairman of the Overview and Scrutiny Management Committee thanked the Vice-Chairman of that committee Cllr Christopher Williams for his support, along with the scrutiny officers and all those Members who took part in scrutiny activity. He drew attention to work being undertaken including reviewing the council’s performance metrics, and the detailed work of task groups and the three select committees.

Cllr Iain Wallis, Chairman of the Audit and Governance Committee highlighted the importance of audit work, and thanked committee members including two new co-opted members for their efforts.

Cllr Peter Hutton, Chairman of the Licensing Committee, drew attention to the ongoing consultation on the draft licensing policy 2024-2029.

Cllr Paul Oatway QPM, Chairman of the Standards Committee, provided details of the process for reviewing the constitution, and commented on monitoring timescales for administering complaints. He thanked the Chairman of the Standards Assessment Sub-Committee, Cllr Ruth Hopkinson, for all the work of the Sub-Committee.

Cllr Richard Britton, Chairman of the Wiltshire Pension Fund Committee, confirmed no further comments on the submitted report.

Cllr Steve Bucknell, Chairman of the Wiltshire Police and Crime Panel, thanked Matthew Hitch, Democratic Services Officer, for a lot of support in the last year. He stated that it had been announced that Wiltshire Police was being taken out of special measures by His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services, following being placed in those measures in June 2022. He stated the Panel would continue to press the Police and Crime Commissioner on developments with the service as it looked to improve further.

Group Leaders were then given opportunity to comment. Cllr Richard Clewer, Leader of the Council, Cllr Ian Thorn, Leader of the Liberal Democrat Group, Cllr Ernie Clark, Leader of the Independent Group, and Cllr Ricky Rogers, Leader of the Labour Group, all offered their thanks and support to the Chairmen and committees for their work.

There being no further debate, it was,

Resolved:

To note the updates from committees.

a)    Appointment of committees and review of allocation of seats on Committees to political groups;

b)    Appointment of Members to Committees, Area Boards, and to the Dorset and Wiltshire Fire Authority and any other bodies;

c)    Appointment of Chairmen and Vice-Chairmen of Committees.

The Chairman drew attention to the allocations report included in the Summons and the composite appointments motion included in the Agenda Supplement. It was noted that a proposal for allocation of seats on committees to individual Members in accordance with the proposed schedule of committee places had been circulated to all Members. This had been prepared following discussion with Group Leaders and would be attached with the minutes.

Cllr Richard Clewer, Leader of the Council, proposed the composite appointments motion. This was seconded by Cllr Laura Mayes.

Group Leaders were provided opportunity to make any final changes within the proposed schedule of committee places, to update the circulated allocations.

The item was then opened to general debate.

Cllr Edward Kirk proposed an amendment, seconded by Cllr Ernie Clark. At present he was a Member of the Western Area Planning Committee. Following his leaving the Conservative Group he now sat as an ungrouped Member, and the proposed schedule removed him from that Committee as the seat had been previously and was now allocated to the Conservative Group. He proposed that the schedule be amended to retain the committee place he currently occupied. The effect of the amendment would be the Conservative Group would lose an allocated seat on the Committee.

Group Leaders were provided opportunity to comment. Cllr Richard Clewer, Leader of the Council, confirmed he did not accept the amendment as part of the composite motion. Cllr Ian Thorn, Leader of the Liberal Democrat Group, had no comment. Cllr Ernie Clark, Leader of the Independent Group wondered whether the amendment would impact overall political balance but noted that planning committees did not in any case decide matters politically. Cllr Ricky Rogers, Leader of the Labour Group, expressed support for the amendment.

In debate comments in support of the amendment included supporting the integrity of the ungrouped member, and that the council had in the past allocated seats on committees to ungrouped members and though the two places which had been so reserved had not been accepted accommodation could be made within acceptable limits.

A comment in opposition to the amendment was the view that the council had a legal duty to give effect the views of group leaders as it applied to appointment onto committees.

At conclusion of the discussion Cllr Kirk criticised what he saw as his removal from the committee.

To conclude the debate as mover of the original motion Cllr Richard Clewer noted that Cllr Kirk had been offered two committee places on a proportional basis in accordance with previous practice, which Cllr Kirk had chosen not to accept, and that there were many others who wished to sit on the Western Area Planning Committee.

There was then a vote on the amendment. A recorded vote having been requested by the requisite number of Members, the result was as follows:

Votes for the amendment (36)

Votes against the amendment (47)

Votes in abstention (4)

Details of the recorded vote are attached to these minutes.

There being no  ...  view the full minutes text for item 32.

To consider the attached motion from Cllrs Phil Alford and Nick Botterill.

On invitation of the Chairman Cllr Phil Alford proposed the motion as set out in the Summons, which was seconded by Cllr Nick Botterill.

Cllr Alford stated that the topic of solar farms had energised many people both for and against. He said solar panels could be a vital income for farmers and the council supported installations on its own buildings such as leisure centres, and as such was supportive of them in principle. He noted the proposed Lime Down solar proposal, which was of such a scale as to be deemed nationally significant, and he believed would engulf entire communities. He raised the importance of Wiltshire’s landscape heritage, the cumulative impact of roads and associated infrastructure to the many solar developments, as well as the need for food security, and that further clarity from government was needed.

Cllr Nick Botterill, being the seconder but also the relevant Cabinet Member as the Cabinet Member for Finance, Development Management, and Strategic Planning, responded to the motion. He said the motion was evidence based, noting the high population density of England, the need for preservation of the countryside, have sustainable food production and land management, and the need to balance these against the positives of solar energy production. He drew attention to the scale of the Line Down proposal, and how this would alter the character of a broad area to a more industrial one.

Statements were then received regarding the motion from the following Members of the Public:

Matthew Short, Phillip Addis, Peter Richardson, Sir Mike Pitt, Steve Holt, Mary Gilmore, Helen Hicks

The Chairman moved that the Council debate the motion, which was seconded by the Vice-Chairman.

With Council agreeing to debate, and following comments from the Chairman drawing attention to statutory rules on predetermination in respect of non-determined planning applications, Group Leaders were then invited to comment on the motion.

Cllr Richard Clewer, Leader of the Council, affirmed his support for solar panels and solar farms, criticising government policy which did not compel solar panels on new buildings, and the confusion of current planning policy. However, he also noted the importance of food production particularly given the impacts of climate change on production and migration, with a need to increase the food supply within the UK. He stated cumulative impact was critical, with many solar farms in Wiltshire and Lime Down one of the largest proposals even in the world, resulting in villages to be surrounded by industrial landscapes, and solar production should not be concentrated in farmland areas, with the motion intended to argue for a balanced approach.

Cllr Ian Thorn, Leader of the Liberal Democrat Group, welcomed the motion but considered that it lacked detail in some important areas, and said it was a shame it had not been raised at an earlier stage so it could have been a key part of the Local Plan discussions. He stated his group had prepared amendments which he hoped would be accepted, to add detail to the motion.

Cllr  ...  view the full minutes text for item 33.

To receive a report from the Director, Legal and Governance, in respect of recommendations from the Electoral Review Committee.

The Chairman invited Cllr Ashley O’Neill, Chairman of the Electoral Review Committee, to introduce the report on the Final Recommendations for the Community Governance Review. Cllr O’Neill proposed the Final Recommendations, seconded by Cllr Gavin Grant.

Cllr O’Neill noted that the proposals were mostly less significant than during previous reviews and had involved seeking to resolve various electoral boundary anomalies which had been brought to the attention of the Committee. Details were provided on the scope of the review, the consultation which had taken place, available options, and the statutory criteria on which any decision would need to be based.

The Final Recommendations were explained in detail, including more substantial proposals around Mere, Zeals, Trowbridge, and North Bradley, as well as the more minor alterations in other areas of the county.

Group Leaders were then given the opportunity to comment on the proposals.

Cllr Richard Clewer, Leader of the Council, supported the proposals as making sense and supported by clear reasoning and evidence. Cllr Ian Thorn, Leader of the Liberal Democrat Group, supported the proposals and endorsed the Committee’s highly detailed assessments and cross-party coordination. Cllr Ricky Rogers, Leader of the Labour Group, welcomed the thoroughness of the review and supported the proposals.

The item was then opened up to general debate. A comment was received on the lack of attendance from any parties involved in the Mere/Zeals proposal. Another comment was made regarding the cost and time spent on boundary change work. In response other comments highlighted the work was in response to requests received and undertaken thoroughly in an appropriate way.

At the conclusion of debate Cllr O’Neill stated that it was appropriate to review parishes as areas developed and that any cost of time was not significant, and that reviewing boundaries was a part of the democratic system. He also emphasised that parties had been advised as part of engagement with the Committee of the stages of the process including the role of Full Council.

It was therefore,

Resolved:

That Council:

1)    Approve the changes to community governance arrangements as set out below as recommended and detailed by the Electoral Review Committee in the Final Recommendations:

Recommendation 1 – Mere/Zeals
Recommendation 2 – North Bradley/Trowbridge
Recommendation 3 – Salisbury (St Francis & Stratford/Milford Divisions)
Recommendation 4 – Royal Wootton Bassett/Brinkworth
Recommendation 5 – Chippenham (Pewsham/Hardens & Central Divisions)
Recommendation 6 – Trowbridge (Grove/Lambrok Divisions)
Recommendation 7 – Calne/Calne Without
Recommendation 8 – Bradford-on-Avon
Recommendation 9 – Melksham (Forest and South Divisions)
Recommendation 10 – Westbury/Dilton Marsh
Recommendation 11 – Southwick/North Bradley

2)    To authorise the Solicitor of the Council to take all necessary measures to make and approve the Community Governance Order(s) to bring into effect for 1 April 2025 all of the changes detailed under resolution 1, subject to any required consents by the Local Government Boundary Commission for England;

3)    To authorise the Electoral Registration Officer to make any necessary changes to polling districts to bring them into line with the agreed governance  ...  view the full minutes text for item 34.

To consider a report from the Monitoring Officer on recommendations from the Standards Committee in respect of the following parts of Constitution:

Part 11A - Corporate Parenting Panel

Part 5 - Access to Information Procedure Rules

Part 7 - Cabinet Procedure Rules

Part 8 - Overview and Scrutiny Procedure Rules

The Chairman invited Cllr Ashley O’Neill, Cabinet Member for Governance, IT, Broadband, Digital, and Staffing, to introduce the report on proposed changes to the constitution. Cllr O’Neill proposed the changes, which was seconded by Cllr Richard Britton.

Cllr O’Neill noted the changes were part of ongoing monitoring and review of the constitution undertaken by the Constitution Focus Group and the Standards Committee. Some details were provided on the proposed changes, including in response to updates to council strategies or to clarify ambiguities or provide further details on existing practice and procedures. It was noted a briefing had been held for Members on the proposed changes.

Group Leaders were then given the opportunity to comment on the proposals.

Cllr Richard Clewer, Leader of the Council, supported the proposals. Cllr Ian Thorn, Leader of the Liberal Democrat Group, noted the level of debate and thoughtful consideration undertaken by the Focus Group. Cllr Graham Wright, deputising for the Leader of the Independent Group, supported the proposal. Cllr Ricky Rogers, Leader of the Labour Group, noted the reviews had been thorough, and drew particular attention to the comments in drafting by Cllr Richard Britton.

The item was then opened up to general debate. A comment was made request wording in other sections of the constitution relating to council procedures and statements, and how these related to the Localism Act 2011, be reviewed.

There being no further comments in debate, it was therefore,

Resolved:

That Council approve the following updated sections of the Constitution:

1)    Part 11A – Corporate Parenting Panel (Appendix A)

2)     Part 5 – Access to Information Procedure Rules (Appendix B)

3)    Part 7 – Cabinet Procedure Rules (Appendix C)

4)    Part 8 – Overview and Scrutiny Procedure Rules (Appendix D)

In accordance with the constitution there was a recorded vote.

Votes for the motion (78)

Votes against the motion (0)

Votes in abstention (0)

Details of the recorded vote are attached to these minutes.

To receive a report from the Director, Legal and Governance.

The Chairman invited Cllr Richard Clewer, Leader of the Council, to introduce the report on the Integrated Emergency Management Guide.

Cllr Clewer explained this was a set of important documents to deal with major incidents and business continuity, noting some of the major incidents which had occurred in Wiltshire such as the Novichok incident in Salisbury. Up to date emergency management guides enabled officers and others to understand their roles and respond appropriately in a structured way, and it was important Members have sight.

It was proposed to note the guides, which was seconded by Cllr Laura Mayes.

There were no comments from Group Leaders or in debate.

It was therefore,

Resolved:

To note the three guides which make up the council’s Integrated Emergency Management Guide:

•      Incident Response Guide

•      Recovery Guide

•      Corporate Business Continuity Guide

To receive a report from the Director, Legal and Governance, in respect of recommendations from the Electoral Review Committee.

The Chairman invited Cllr Ashley O’Neill, Chairman of the Electoral Review Committee, to present the report recommending changes to the name of a parish under s.75 of the Local Government Act 1972.

Cllr O’Neill proposed to change the name of Clyffe Pypard to Clyffe Pypard and Bushton. The proposal had been requested by the Parish Council and supported by a public survey undertaken by the Committee. The proposal was seconded by Cllr Gavin Grant.

There were no comments from Group Leaders or in debate.

It was therefore,

Resolved:

That Council:

1) Approve that the name of the parish of Clyffe Pypard be changed to the parish of Clyffe Pypard and Bushton;

2) Authorise the Solicitor to the Council to make any necessary legal orders and notifications to enact the above change.

a)    To receive any other appropriate announcements from or relating to the Leader, Cabinet Members, or Chairmen of Committees.

To include:

·         Updated Cabinet Member Responsibilities since the last meeting of Full Council.

b)    To consider any requests from Members in respect of S.85 of the Local Government Act 1972.

It was noted that there were noexecutive decisions taken under special urgency provisions in the last year.

It was noted that there were three executive decisions which in accordance with Part 8 of the Constitution the then Chairman of the Council exempted from the usual call-in provisions.

Those were as follows:

·         Cabinet Member Delegated Decision PHLLFMOA-01-24: Holiday Activity and Food Programme 2024 Grant Acceptance

·         Cabinet Member Delegated Decision FDMSP-01-24: Deed of Termination Ashton Park Funding Agreement

·         Cabinet Decision: Update on Safety Valve Deal with the Department for Education - 12 March 2024 Cabinet

Updated to Cabinet Member responsibilities were provided as detailed in the Summons.

The cycle of upcoming Full Council meetings was also noted as follows:

23 July 2024

22 October 2024

25 February 2025

20 May 2025

The Chairman then asked if there were any further announcements from Cabinet or Committee Chairmen.

Cllr Chuck Berry, Chairman of Northern Area Planning Committee, used the opportunity to ask about when recent announcements regarding solar farms would have weight for planning committee decision making.

Cllr Nick Botterill, Cabinet Member for Finance, Development Management, and Strategic Planning, stated that Members would be advised further once the position was clarified.

Members were required to give notice of any questions in writing to the Proper Officer on the first page of this agenda no later than 5pm nine clear working days before the meeting in order to be guaranteed a written response.

Any question received after 5pm on 7 May 2024 and no later than 5pm four clear working days before the meeting 14 May 2024, may only receive a verbal response at the meeting. Any questions received after this date will be received at the next meeting.

Questions may be asked without notice if the Chairman determines the matter is urgent.

Details of any questions received will be circulated to Members prior to the meeting and made available at the meeting and on the Council’s website.

Nine questions were received from Cllr David Vigar regarding Ukrainian refugee funding and other details. Written responses were provided in the Agenda Supplement.

Cllr Vigar asked a supplementary question in response. He noted the Council had earmarked around half the funding provided by government for purchasing homes for refugees but noted the need to provide other support to enable people to fulfil their potential. He asked if the Leader of the Council would consider setting aside a small proportion of the funding to set up grant funding for community organisations or specialist providers to offer services needed.

Cllr Richard Clewer, Leader of the Council, noted that the council’s proposal to purchase homes was being rolled out by government on a national basis, and stated he would look into the possibility of grant funding as suggested.

Committee Membership

Members’ Attendance

Recorded Votes