Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors Helen Belcher OBE, Caroline Corbin, Brian Dalton, Sarah Gibson, Nick Holder, Simon Jacobs, Bob Jones MBE, Charles McGrath, Dominic Muns, Dr Nick Murry, Kelvin Nash, Jack Oatley, Andrew Oliver, Ian Thorn, Tim Trimble, Derek Walters, and Philip Whitehead.

In the absence of Councillor Thorn other members of the Liberal Democrat Group would speak on behalf of the group where he, as Group Leader, usually would.

Note: Councillor Paul Oatway QPM provided apologies in advance of the meeting, though this was not read out during the meeting.

To approve as a true and correct record and sign the minutes of the last meeting of Council held on 16 May 2023.

The minutes of the Meeting held on 16 May 2023 were presented for consideration, and it was,

Resolved:

That the minutes of the meeting held on 16 May 2023 be confirmed 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.

To receive any announcements through the Chairman.

Through the Chair there were the following announcements.

1)    Events Attended by the Chairman, Councillor James Sheppard, since 16 May 2023

18 May 2023             Devizes Town Council AGM and Mayoral Reception, Devizes Town Hall.

24 May 2023             Chippenham Town Council Mayor’s Investiture Ceremony, Chippenham Town Hall.   

24 June 2023           Chippenham Town Council Armed Forces Day Flag Raising Ceremony, Chippenham Town Hall.

25 June 2023           Malmesbury Town Council Choral Evensong, Malmesbury

                                    Abbey.

30 June 2023           Official opening of Collaborative Innovation Centre, The Lyle Building, Porton Science Park. 

1 July 2023                Ludgershall Town Council Freedom of the Town to 26

                                    Engineer Regiment Parade.

15 July 2023             Mayor of Amesbury’s Celebration Service and Reception, Abbey      Church of St. Mary and St. Melor, Amesbury and Antrobus House.

2)    Events Attended by the Vice-Chairman, Councillor Andrew Davis, since 16 May 2023

17 June 2023            Chippenham Town Council Pride Flag Raising Ceremony, Chippenham Town Hall.

18 June 2023            Devizes Town Council Mayor’s Inaugural Church Service,

                                    St. John’s Church, Devizes.

30 June 2023            Official opening of Collaborative Innovation Centre, The

                                    Lyle Building, Porton Science Park.

2 July 2023                Fovant Badges Drumhead Service, East Farm, Fovant.

9 July 2023                Chippenham Town Council Mayor’s Civic Sunday

                                    Ceremony, St. Andrew’s Church, Chippenham followed

                                    by the Civic Awards in The Neeld.           

3)    King’s Birthday Honours

Dame

Professor Melanie Welham, Whitley        For services to Bioscience.

CBE

Major Gen. Nicholas Caplin, Pewsey       For services to Veterans and to the Vision Impaired

OBE

Chantal Bryan, Stanton St. Quintin          For services to Children and Young People with Special Educational Needs.

Robert Fellows, Highworth                        For services to Paramedic Education.

Julia Nolan, Stanton Fitzwarren                For services to International Climate Diplomacy.

MBE

Claire Bessant, Chicksgrove                     For services to Cat Welfare.

Julie Lawrence, Chippenham                    For Political Service.

Sally Orange, Fisherton, Salisbury           For services to Charity and to Mental Health.

Richard Symonds, Westbury                     For services to Defence.

David Tarr, Ashton Keynes                        For services to Ashton Keynes Primary School and to the community in Ashton Keynes.

BEM

Leslie Welling, Devizes                               For services to the community in Devizes.

Nigel Linacre, Chippenham                       For services to water provision in

(late New Years Honour)                            communities in Kenya and other countries in Africa.

4)    Tisbury By-Election

The Chairman welcomed Councillor Richard Budden to his first meeting of Full Council, following his success in the Tisbury by-election held on 18 June 2023, following the resignation of Councillor Nick Errington.

Councillor Budden briefly addressed the Council.

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. 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 11 July 2023 in order to be guaranteed of a written response. Questions submitted no later than 5pm on 13 July 2023 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 explained the procedure that would be followed for public
participation at the meeting in accordance with the constitution. He then permitted those present to make their statements and questions at the start of the meeting rather than waiting until the agenda item to which their statement or question related.

Fourteen public questions were received for the meeting, with responses provided in the agenda supplement.

Statements and questions were then received as follows:

Ian McDonald, Laverstock & Ford Parish Council, made a statement in respect of Item 10 – Wiltshire Local Plan Review.

Celia Beckett, Hilperton Area Action Group, made a statement in respect of Item 10 – Wiltshire Local Plan Review.

Lucie Castleman, Hilperton Area Action Group, asked a supplementary to question P23-18 regarding Item 10 – Wiltshire Local Plan Review. She asked If the council’s aim was to maintain transport network performance, then how would the proposed scheme for north-east Hilperton/Trowbridge going to be successful.

Councillor Nick Botterill, Cabinet Member for Finance, Development Management, and Strategic Planning, gave reassurance that all due consideration would be given to the impacts from transport, and had been in making assessments on site selections.

Celia Beckett, Hilperton Area Action Group asked a supplementary to question P23-19 regarding Item 10 – Wiltshire Local Plan Review. She asked if the Local Plan were to be agreed could site 677a next to Whaddon Lane, Hilperton, be provided with a substantial buffer alongside hedgerows to help comply with the Trowbridge Bat Mitigation Strategy and reduce impact on rurality and biodiversity.

Councillor Botterill stated that the impact on bats and the Bat Mitigation Strategy requirements would be considered, and that the Local Plan would provide a substantial increase in biodiversity net gain, over and above government proposals.

Colin Gale asked a supplementary in respect of question P23-22 and P23-23 regarding Item 10 – Wiltshire Local Plan Review. He asked for the Local Plan to be amended to remove references to a freight management strategy he stated was not in place.

Councillor Botterill stated he did not think the wording in the Plan was misleading and was satisfied with the current draft.

a)    To receive presentation of any petitions submitted for the meeting

b)    To receive an update on any petitions received by the council since the last meeting.

On receipt of a report, it was,

Resolved:

That Council note the report, the petition received since the last meeting and the action being taken in relation to it, as set out in the Appendix to the report.

To receive a report from the Chief Executive.

The Chairman invited Councillor Laura Mayes, Deputy Leader and Cabinet Member for Children’s Services, Education, and Skills, to present the Annual Report of the Corporate Parenting Panel from July 2022 – March 2023.

Councillor Mayes proposed a motion to receive and note both the Annual Reports of the Corporate Parenting Panel and the Child and Youth Voice Team, and to ratify the improvements required to further strengthen Corporate Parenting in Wiltshire. This was seconded by Councillor Peter Hutton, Chairman of the Corporate Parenting Panel.

Details were provided on the number of children in care, unaccompanied asylum seekers, and those young people with experience of being in care who were being supported by the council. The ongoing need for more foster carers was highlighted, along with planned updates to the corporate parenting strategy, the STAR awards for children in care, and commending the work of team in children’s services.

The Chairman then allowed Group Leaders to comment on the report and update.

Councillor Richard Clewer, Leader of the Council, provided his endorsement for the report. Councillor Gordon King, Deputy Leader of the Liberal Democrat Group, stated he was confident from the report the council was performing well in supporting the young people, and offered praise to the Cabinet Member and the Corporate Parenting Panel for their work. Councillor Ricky Rogers, Leader of the Labour Group, offered sincere thanks to staff and to the foster parents taking in young people across the county.

The item was then opened up for general debate. A comment was made thanking the Corporate Parenting Panel for taking on board feedback from scrutiny on the contents of the report and noting a report from Oxford Brookes had spoken highly of the provision of care for looked after children in Wiltshire.

At the conclusion of the debate, and with no further comments in summation from the Cabinet Member, it was then,

Resolved

1)    To receive and note the Annual Report and the work of the Corporate Parenting Panel to date, its functions and impact of its work and to ratify the improvements required to further strengthen Corporate Parenting in Wiltshire.

2)    To receive and note the Annual Report of the Child and Youth Voice Team from April 2022 to March 2023, attached as Appendix 1 to the report.

To receive a report from the Chief Executive.

The Chairman invited Councillor Nick Botterill, Cabinet Member for Finance, Development Management, and Strategic Planning, to present the Treasury Management Outturn Report as detailed in the Summons. Councillor Botterill proposed a motion to note that the contents of the report were in line with the Treasury Management Strategy 2022/23. This was seconded by the Councillor Richard Clewer.

In moving the motion Councillor Botterill stated treasury management was a constant activity, and that those local authorities which had significant financial difficulties did not ask appropriate questions or undertake appropriate scrutiny of their own treasury management. He assured Council that in Wiltshire an approach was taken to challenge and interrogate the figures and details, noting that with interest rates so high a more active approach needed to be taken regarding deposits and loans.

The Chairman then allowed Group Leaders to comment on the report and presentation.

Councillor Richard Clewer, Leader of the Council, noted not all councils adopted as thorough and transparent an approach as Wiltshire, and affirmed the importance of sensible treasury management. Councillor Gavin Grant, on behalf of the Liberal Democrat Group, welcomed the report and endorsed the work of the senior finance officers, with a good permanent team in place which had followed a previous period of a number of interim Directors. Councillor Ricky Rogers, Leader of the Labour Group, stated he was happy to note the report and hoped contract inflation would be less of an issue going forward.

The item was then opened to general debate.

Queries were raised about the strategy for periods of interest rate increases, as well as criticism of slippage within the council’s capital programme, with a comment that this showed poor project management and a lack of appropriate investment.

In response other comments raised during debate included highlighting investment in special schools, leisure facilities, and the housing revenue account, and that it was incorrect to characterise a level of slippage within the programme as a failure to invest appropriately.

There were a series of comments in relation to investment and Salisbury City Hall, but the meeting was reminded that the item was in relation to treasury management, borrowing what was needed when it was needed rather than seeing it as money already held, which was of particular importance when interest rates were so high, and the vital importance of prudence financial management.

At the conclusion of debate Councillor Botterill reiterated the difference between treasury management with capital expenditure. He stated authorities often include lists of capital projects which are not imminent, and a practical approach was always taken.

It was then,

Resolved:

That Council note that the contents of the report are in line with the Treasury Management Strategy 2022/23

In accordance with the constitution there was a recorded vote.

Votes for the motion (77)

Votes against the motion (0)

Votes in abstention (3)

Details of the vote are attached as an appendix to the minutes.

To receive a report from the Chief Executive.

Please note that this report is subject to the decision of Cabinet on 11 July. Following Cabinet, the minute of those items and any updates to the report/recommendations will be circulated in a supplement.

The Chairman invited Councillor Nick Botterill, Cabinet Member for Finance, Development Management, and Strategic Planning, to present the Capital Programme Additions Report. Councillor Botterill proposed a motion to approve additions to the programme as set out in the report. This was seconded by the Councillor Richard Clewer.

In moving the motion Councillor Botterill provided details of proposed housing acquisitions to provide long term solution to several service needs, including housing for refugees and others for whom there was a statutory requirement to house.

The Chairman then allowed Group Leaders to comment on the report and presentation.

Councillor Richard Clewer, Leader of the Council, stated the proposals were a sensible allocation to deliver cost effective projects, and noted the importance of housing people properly. Councillor Gavin Grant, on behalf of the Liberal Democrat Group, stated there had been lots of time in scrutiny looking at these matters, and welcomed it as a positive report. Councillor Ernie Clark, Leader of the Independent Group, endorsed the report, in particular the allocation for Local Highways and Footpath Improvement Groups (LHFIG). Councillor Ricky Rogers, Leader of the Labour Group, sought clarity on how the LHFIG funding would be divided across Area Boards.

The item was then opened to general debate.

Points raised during debate included supporting the investment in housing to address problems such as homelessness, the importance of capital programmes reflecting the possibility of significant delays, and the need for prudent assessment of which properties should be purchased, demonstrating value as well as addressing a problem.

During debate queries were also raised about external grant funding being withdrawn because of developers missing deadlines for Homes England to provide funding relating to the Ashton Park expansion, and the impact on that development, on the possibility of funding being used for compulsory purchasing, funds received by the council to support Ukrainian refugees, and viability assessment of Stone Circle projects.

At the conclusion of debate Councillor Botterill confirmed the additional funding for Area Boards would be according to a formula as they were not equal in scale, noted the LHFIG budget had doubled in 2022, and that compulsory purchase was not a simple or inexpensive process.

It was then,

Resolved:

That Council approve:

1)    the addition to the capital programme of £40m, funded through £10m reserves and £30m debt, to enable the Council to acquire housing for long term investment to deliver service solutions.

2)    the allocation of £0.800m CIL funding to finance £0.400m per year for 2023/24 and 2024/25 budgets for Local Highways and Footpath Improvement Groups.

In accordance with the constitution there was a recorded vote.

Votes for the motion (76)

Votes against the motion (0)

Votes in abstention (2)

Details of the vote are attached as an appendix to the minutes.

To receive a report from the Chief Executive.

Please note that the attached report will be considered by Cabinet on 11 July. Following Cabinet, the minute of that item and any updates to the report/recommendations will be circulated in a supplement.

The Chairman invited Councillor Nick Botterill, Cabinet Member for Finance, Development Management, and Strategic Planning, to present the pre-submission Draft Plan as set out in the Summons and supplementary documentation. Councillor Botterill proposed a motion to endorse the pre-submission draft plan, subject to minor modifications as set out in the agenda supplement, and approve it for Regulation 19 consultation, as well as appropriate delegations to officers to undertake document finalisation and consultation arrangements. This was seconded by the Councillor Richard Clewer.

Councillor Botterill noted that preparing a Local Plan was one of the most important functions of the council. He drew attention to the large reduction in housing coming forward in the plan compared to the previous consultation , with much of the amount on sites already developing or allocated, as this was felt to meet the reasonable need identified. Provision of 40% affordable housing had been included, along with new details to address the council’s zero carbon ambitions, with tougher standards for new buildings. There would be allocation of employment spaces in the right areas to go alongside new homes, as a failure to anticipate and provide for future business need would see the council area miss opportunities.

It was emphasised that the Plan process is evidence led, and that a failure to progress and approve a Plan which could be approved by an inspector, would result in many negative consequences for the residents of Wiltshire. It was stated that the Plan complemented the Business Plan, advocated sustainable financial, social and environmental growth, and it was overwhelmingly in the public interest to move on to the next stage of the Plan process, which was known as Regulation 19 consultation.  

The Chairman then allowed Group Leaders to comment on the report and presentation.

Councillor Richard Clewer, Leader of the Council, thanked officers for their work in preparing the documents, Members for their robust discussions, and Councillor Botterill for overseeing the preparation. He highlighted the evidenced based approach to selecting sites and developing the Plan policies to shape development in the county, with proposals that new housing be built to zero carbon requirements, 20% biodiversity net gain, cycle routes to connect settlements, affordable housing for villages to meet local need, delivering employment land and meeting demand. He commended the pre-submission Draft Plan to Council.

Councillor Gordon King, Deputy Leader of the Liberal Democrat Group, welcomed the professionalism of the draft Plan, and noted positive aspects such as regarding biodiversity and sustainability. However, he raised concerns around the process in particular relating to site selection for new housing and proposed that rather than moving forward to the Regulation 19 stage, a motion relating to Regulation 18 would be more appropriate to give people further say about what was best for their communities.

Councillor Ernie Clark, Leader of the Independent Group, noted that many refused planning applications were currently being approved on appeal as a result of a lack of five-year housing land supply. He raised concerns that not to move forward to  ...  view the full minutes text for item 44.

To receive any other appropriate announcments from the Leader, Cabinet Members, or Chairs of Committees.

There were no announcements from Cabinet or Chairs of Committees.

To determine any requests from Group Leaders for changes to committee membership in accordance with the allocation of seats to political groups previously approved by the Council.

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

The Chairman introduced the report detailing a request from Councillor Charles McGrath for an extension to the 6-month rule of non-attendance for medical reasons under S.85 of the Local Government Act 1972. He moved that Council grant the request. This was seconded by the Vice-Chairman.

Councillor Richard Clewer, Leader of the Council, provided detail on Councillor McGrath’s current medical status, and his continued work even though he could not currently attend committee meetings.

Group Leaders then provided details of changes to membership of committees they wished to request, and these were accepted as part of the substantive motion, along with procedural ratification of changes to the Local Pension Board membership.

There being no debate or further comments, it was then,

Resolved:

1)    That Council approves the requests for the Member listed below for an extension beyond the six-month period of non-attendance on the grounds of ill health:

Councillor Charles McGrath

2)    That such an extension be granted until the end of October 2023, which would allow for any request for a further extension being considered by Council at its meeting on 17 October 2023.

3)    In the event of that meeting either being cancelled or postponed, such an extension to remain in place until after the next available meeting of the Council.

4)    To ratify the appointment of Mr George Simmonds as a Member of the Local Pension Board

5)    To make the following changes to membership of committees:

·         Councillor Adrian Foster to be made a Substitute for Northern Area Planning;

·         Councillor Trevor Carbin to be removed as a Member of Southern Area Planning Committee, and be made a Substitute for Southern Area Planning Committee;

·         Councillor Richard Budden to be made a Member of Southern Area Planning Committee;

·         Councillor Edward Kirk to be removed as a Member of the Audit and Governance Committee;

·         Councillor Howard Greenman to be added as a Member of the Audit and Governance Committee;

·         Councillor Laura Mayes to be made a Substitute for the Eastern Area Planning Committee;

·         Councillor Bridge Wayman to be made a Substitute for the Western Area Planning Committee;

·         Councillor Tamara Reay to be made a Substitute for the Eastern and Western Area Planning Committees, and a Substitute for the Strategic Planning Committee.

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 4 July 2023 and no later than 5pm four clear working days before the meeting 11 July 2023, 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.

A total of two questions were received from Members, as set out in the agenda supplement, together with written responses.

Councillor Dr Mark McClelland asked a supplementary question in relation to question 23-18, asking the Leader if he agreed arguments to immediately reopen Salisbury City Hall were irresponsible in respect to public safety, insurance and public liability.

Councillor Richard Clewer, Leader of the Council, stated it would be a mistake to listen to demands to reopen a building where there is very clear evidence from officers and surveyors stating it could not be reopened as a live entertainment venue due to risk of damage as a result of acoustic shock.

In response to an attempted intervention the Chairman reminded the meeting that there was no debate on questions.

Councillor Richard Budden asked a supplementary question in relation to question 23-19. He asked if road safety was a priority as stated in the answer, would Local Highway and Footpath Improvement Group (LHFIG) funding increase accordingly.

Councillor Nick Botterill, Cabinet Member for Finance, Development Management, and Strategic Planning, responded by stating that in April 2022 the LHFIG budget increased from £250,000 to £500,000, and the substantive schemes pot increased from £150,000 to £250,000. The Executive would continue to review the position moving forward but it was noted there had been substantial increases.

Question P23-21 in relation to the Wiltshire Local Plan from Sonja Kotevska, who had not been able to be present at the meeting, was also received, with the Local Member, Councillor Ernie Clark, on her behalf asking a supplementary question seeking further clarification on potential amendment to references in the Local Plan to Land North of Trowbridge to include reference to Hilperton, the parish in which a listed site was actually located, noting the site was to the east of Hilperton village itself.

Councillor Botterill responded that he would look at the matter further with officers, though there would likely remain reference to both Hilperton and Trowbridge, the wider settlement area.