Agenda and minutes

To receive any apologies or substitutions for the meeting.

Apologies were received from Cllr Brian Dalton

To approve and sign the minutes of the Environment Select Committee meeting held on 29 October 2013.

The minutes of the meeting on 29 October 2013 were presented for consideration. It was,

Resolved

That following a correction to Minute 91 - Task Group Updates -  to correct all instances of ‘Adoptable Estates’ to ‘Air Quality’ To APPROVE as a true and correct record and sign the minutes.

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

There were no declarations.

To receive any announcements through the Chair.

The Chairman confirmed that the Management Committee would be engaging in a rapid scrutiny exercise in respect of a recent report presented to the Committee regarding the Balfour Beatty Living Places contract. The Environment Select Committee therefore expected to receive a report addressing the operational performance at the April meeting and it was expected that a full scrutiny exercise would be completed later in 2014.

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. Up to 3 speakers are permitted to speak for up to 3 minutes each on any agenda item.  Please contact the officer named above for any further clarification.

Questions

To receive any questions from members of the public or members of the Council received in accordance with the constitution. Those wishing to ask questions are required to give notice of any such questions in writing to the officer named above no later than 5pm on Tuesday 3 December 2013.  Please contact the officer named on the first page of this agenda for further advice.  Questions may be asked without notice if the Chairman decides that the matter is urgent.

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

The rules on public participation were noted. The Committee agreed that members of the public who wished to speak would make their statements directly before the item which concerned them.

To receive the report of the CIL Task Group.

The Community Infrastructure Levy is a new charge that local authorities can choose to impose on development in their area. It will contribute towards bridging the funding gap between the total cost of infrastructure necessary to deliver new developments and the amount of funding available from other sources following the reduction in contributions to be received through section 106 legal agreements as part of the CIL regulations. Under the CIL regulations the Council must prepare and publish a charging schedule which sets out the rates of CIL which apply in Wiltshire.

In 2012 the Cabinet and Corporate Leadership Team identified the introduction of CIL as one of its corporate priorities. The Community Infrastructure Levy (CIL) Task Group was established in August 2012 to test out the charging proposals for CIL and report on recommendations for the future implementation of CIL.

Cllr Tony Trotman, Chairman of the CIL Task Group updated the Committee on the work of the Task Group.

Cllr Trotman thanked members of the Task Group for their work and contributions since the inception of the task group, noting four sets of revised regulations on CIL had been received from central government since the formation of the Task Group, necessitating additional work from its members. On behalf of the Task Group he also paid particular thanks to the support from Geoff Winslow (Manager - Spatial Planning Environment) and Maggie McDonald (Senior Scrutiny Officer) in facilitating the work of the Task Group.

The need to consider the whole county and find a solution appropriate for the cities, towns and villages in Wiltshire was highlighted, and therefore the Task Group had determined that a single set rate for the county was not the most appropriate solution, concluding that those areas which could support a higher level of CIL should be required to do so and so supported the concept of different CIL rates for different areas, noting also that the guidance suggests differential rates are more flexible to local conditions.  It agreed with the levels proposed in Option 3 as detailed in the report papers.

The Committee considered whether it would be appropriate for the Task Group to continue working until the law had reached a stable point.

A discussion followed, where it was noted that a paper on the Community Infrastructure Levy that was due to be presented before Cabinet made different recommendations from those contained within the Task Group report.

The Committee also discussed the administration of any charging schedule for contributions, and that while a single set rate would be simpler to administer, the positive benefits of a schedule with differing rates would outweigh the additional administrative cost. That affordable housing would not incur a CIL contribution was raised, along with the comments of the Planning Inspector assessing the Council’s emerging Core Strategy that the target rate of 40% affordable housing was unsustainable, and what impact this could have on what CIL rate was most appropriate.

Other points discussed included developments on strategic sites would only be liable  ...  view the full minutes text for item 99.

A report from David Thomas, Traffic Engineering Manager, is attached.

Public Participation

Ann Henshaw, Alex Machin, Gill Ansark and Ashley Halls addressed the Committee.

Cllr JohnThomson, Deputy Leader of the Council and Cabinet Member for Highways, Streetscene and Broadband, gave an update on the Wiltshire Policy on 20 mph speed limit and zones which set out how 20 mph speed limits and zones would be applied in Wiltshire.

The policy was first begun as a delegated decision on the future use of 20 mph speed restrictions.

Guidance was issued by the Department for Transport in 2006, which enabled Local Authorities to set their own speed limits. Recent guidance issued in 2007 focused on 20mph speed limit use. Wiltshire had varying degrees of experience in relation to the application of 20mph speed limits having already imposed them in some areas.

A trial had taken place in 5 different locations over 18 months. The data collected reflected the guidance received from the Department of Transport policy. It was confirmed that a separate policy regarding 20mph limits outside schools would be developed.

Members of the public then had the opportunity to address the Committee as detailed above. Concerns were expressed about the level of consultation that had taken place and to what extent community opinions had been taken into account. It was felt that the requirements to be considered for the creation of a 20mph limit or zone were too restrictive, and that before the policy was approved a Task Group should be formed to investigate community requests and opinions in greater depth.

Cllr Bill Douglas, Lead for Highway Safety on Chippenham Area Board addressed the Committee, highlighting the launch of a ‘no need to speed’ campaign in the town seeking to reduce vehicle speed near schools and where pupils live through the use of signs and educational banners as utilized in Glasgow, and that this could be an alternate and far more cost effective method than the imposition of 20mph limits and zones which needed to be investigated further.

The Committee discussed the draft policy and consultation, where it was noted that some amendments had been made to the policy following the consultation, as detailed in the report. The increased funding from the Police and Crime Commissioner for Speedwatch schemes was noted, but some members had concerns that there was a gap in the policies between the average speeds where someone could apply for their area to become a 20mph zone and where they could apply for Speedwatch funding.

The trend towards an ageing and more vulnerable society was also highlighted, and whether increased frequency of 20mph zones would be of positive benefit, as well as other options such as shared space schemes.

At the conclusion of debate it was,

Resolved:

a)    To approve the policy contained within the report.

b)     To set up a Task Group to review and develop the policy as it was enacted.

A report from Peter Binley, Head of Highways Asset Management and Commissioning is attached.

Cllr Jonathan Seed, Cabinet member for Communities, Campuses, Area Boards, Leisure, Libraries and Flooding updated the Committee on Wiltshire Council’s intention to make Byelaws in connection with drainage. The Flood and Water Management Act 2010 allowed local authorities to make byelaws to secure the efficient working of a drainage system in its area, to regulate the effects of a drainage system on the environment and to secure the effectiveness of flood risk management.

Flooding is a serious issue in Wiltshire. Cllr Seed explained that £500,000 had been invested into flood alleviation and that drainage byelaws were needed as part of this scheme.

In the discussion that followed, the Committee considered the need to focus on flood prevention, and potential financial implications for Wiltshire Council as a result of the Byelaws, along with issues in relation to development within 8m of a watercourse and the contacting of landowners regarding flood management schemes. It was noted that Byelaws act as an additional tool for the Council and that cooperation with local people was needed.

After discussion it was,

Resolved:

To note the intention of the Council to make the proposed Byelaws, which will assist the Council in carrying out its duties as Lead Local Flood Authority under the Flood and Water Management Act 2010

To receive the report of the Waste Task Group.

Cllr Green gave an update on the work of the Waste Task Group. She noted that, in agreeing a price;quality ratio to be used in the awarding of the contract, the Task Group had put the emphasis on quality not cost. 

After discussion it was,

Resolved:

a)    Relevant references to the requirement for adherence to the proximity principle should be inserted in the service specification under section 6 (Sites used for the delivery of services).  The service specification is included for reference in Appendix 2.  In addition, it should focus not only on existing MRF sites, but should encourage additional sites to be considered and/or sought in areas where there is no existing provision, in order to adhere to the proximity principle. 

b)   The service specification should include the requirement for operators to make greater efforts to re-claim objects for re-use eg bicycles in section 4 (Scope of the service).

c)    The Council should benefit more than at present from the sale of recyclables, which might be a percentage of sale income or through a payment made once a specified ceiling had been reached.  It would also like the Council to receive some benefit from any unexpected revenue and therefore would like to see a mechanism included in section 11 (service requirements) and section 26 (Innovation and efficiency) of the service specification whereby these could be achieved.

d)   The layout of new, and where possible existing, household recycling centres (HRC) are designed to make them function more efficiently and easier for the public to use, eg ‘drive-up’ slopes which enable cars to park above the level of skips.  The Task Group cited the HRC at Everleigh as an example of good design.

e)    The Task Group scrutinises the communications strategy in respect of the new collection rounds as soon as it is available.

f)     To authorise the Chairman of the Environment Select Committee and the Chairman of the Waste Task Group to liaise with officer from the scrutiny team with a view to facilitating a further presentation by Dr Alberry (including date, venue and invitees).

g)      That following completion of its remaining activity, the scrutiny of the communications strategy linked to the remodelling of the service, the Task Group will have completed its work.  However, the final award of contract to be determined by Cabinet will no doubt be of interest to those members who contributed to the Task Group.

To receive further updates on Environment Select Committee Task Group activity.

Waste Task Group

It was confirmed that the Waste Task Group had completed its initial remit, but the Committee agreed that it would be extended in order to scrutinize the communications strategy being developed regarding the upcoming changes to the waste service.

Community Infrastructure Levy Task Group

It was confirmed that the work of the Community Infrastructure Levy Task Group will continue.

Adoptable Estates

The group met on 18 November 2013 to interview officers and developers. Further meetings were planned.

Air Quality

The second meeting of the group took place on 21 November 2013. The Committee was informed that information regarding planning guidance would be circulated in early 2014.

To note and receive updates on the progress of items on the forward work programme.

Under the revised Overview and Scrutiny (OS) arrangements there is now a single OS work programme controlled by the OS Management Committee, linked to priorities in the Business Plan.

Therefore it should be noted that, whilst any matters added by Members are welcome, they will be referred to the OS Management Committee for approval before formal inclusion in the work programme for the Environment Select Committee.

A copy of the Overview and Scrutiny Forward Work Programme for the Environment Select Committee is attached for reference.

It was confirmed that the Management Committee would have to be consulted regarding setting up new Task Groups.

The Committee also considered outstanding items from the work programme:

Investing in Highways - The Chairman and Vice-Chairman would meet with the Cabinet member to discuss the best approach for the Committee to add value, and report back to the next meeting of the Committee.

Parking Review - Members were sought for a Task Group to begin work in the new  year.

Speedwatch - Members were sought for a Rapid Scrutiny Exercise to take place in the new year.

To confirm the date of the next scheduled meeting.

The date of the next meeting was confirmed as 18 February 2014. It was also confirmed that future meetings of the Committee would be located at County Hall in Trowbridge unless stated otherwise.

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

There were no urgent items.