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Agenda and minutes

Venue: Council Chamber - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

Contact: Yamina Rhouati  Email: Yamina.Rhouati@wiltshire.gov.uk

Items
No. Item

49.

Welcome and Introduction

Supporting documents:

Minutes:

The Chairman of Wiltshire Council, Councillor Richard Britton, welcomed all to the meeting. He noted that there were a large number of members of the public in attendance, some of whom wanted to address the meeting regarding concerns regarding building developments and road safety in the Hilperton area.

 

Normally statements would only be taken on items that related to items already on the agenda, which this issue was not, but given the number of people interested in the item in attendance, the Chairman stated that he was happy to allow three speakers to address the meeting. He also stated that the speakers would be heard prior to other business to enable those members of the public who wished to, to leave early.

 

Statements were received from George Bunting, Ken McCall (Campaign for a Better Trowbridge), and Councillor Andrew Bryant (Trowbridge Town Council).

Following a vote to suspend standing orders to enable more than three speakers to vote, Graham Softley addressed the meeting. Following a request to do so, the result of the vote to suspend standing orders was recorded. The results of the recorded vote are appended to these minutes.

 

The issues raised in the course of the presentations included: the large number of objections to development in the Hilperton Gap; whether the Council had sufficient resources to respond to developmental pressures; the impact of the developments in West Ashton; concern over changes to speed limits in residential areas; whether the views of the residents had been adequately considered; whether the Cabinet Member Decisions in relation to some of these issues could be called in by Members to be considered at an Overview & Scrutiny Committee; concern over the preferred routes of HGVs; the need for adequate traffic calming measures; and the impact on access to open spaces.

 

The Cabinet Member for Highways and Transport, Councillor Philip Whitehead, was invited to respond and stated that he was happy for decision to be looked at by the Overview and Scrutiny Management Committee should it be called in; but that he had already made some alterations to the schemes to address concerns about speed limits in the area.

50.

Apologies

Minutes:

Apologies for absence were received from Councillors Nick Blakemore,

Mark Connolly, Chris Devine, Dennis Drewett, Jose Green, Jemima Milton, John Smale, Ian Tomes and Jerry Wickham.

51.

Minutes of Previous Meeting

To approve as a correct record and sign the minutes of the Annual meeting of Council meeting held on 12 May 2015.

Supporting documents:

Minutes:

The minutes of the Meeting held on 12 May 2015 were presented.

 

Resolved:

 

That the minutes of the last Council meeting held on 12 May 2015 be approved as a correct record and signed by the Chairman.

52.

Declarations of Interest

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

 

Minutes:

Councillor John Thomson declared that he had, 20 years ago, entered into a property deal with a Mr Owen Inskip - who is a consultee on Draft Chippenham Sites Allocation Plan - but that this transaction was for a property outside of Wiltshire.

53.

Announcements by the Chairman

To receive announcements through the Chair.

Supporting documents:

Minutes:

The Chairman, Cllr Richard Britton, and Vice-Chairman, Cllr Allison Bucknell, made announcements regarding the following matters:

·         The Wiltshire residents receiving national honours in the Queen’s Birthday Honours

·         The Armed Forces Day Events

·         The Magna Carta Celebrations:  British Citizenship Ceremony and Magna Carta Pageant

·         The Town Criers Competition

·         The Fovant Badges Society Drumhead Service

·         The Retirement of the Chief Constable for Wiltshire Police

·         The Royal British Legion County Parade

·         The Adult Health & Social Care Awards

·         Mayor Making and Civic Celebrations

·         The Wiltshire Scouting Association AGM

·         The Recent Royal Visit

 

Additionally, Cllr Graham Payne drew the meeting’s attention to the recent death of former Cllr Bill Vile. Cllr Vile had been a West Wiltshire District Councillor from 1976 -2007 in Limpley Stoke and Winsley, serving his community with dedication and commitment.  In addition to being a district councillor, he was also committed to fundraising for Bath Royal Untied Hospital.

 

Finally, the Chairman outlined how we would be dealing with public participation in the meeting.

 

 

54.

Petitions Update

Report of the Democratic Governance Manager.

 

Supporting documents:

Minutes:

A report by the Democratic Governance Manager was presented which provided details of the five petitions received for the period since the last Council meeting. It was highlighted that no requests have been received to present petitions at this meeting.

 

Resolved:

 

That Council note the report, the petitions received and the actions being taken in relation to them, as set out in the Appendix to the report.

55.

Public Participation

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  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 Corporate Director) no later than 5pm on Tuesday, 7 July 2015.  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.

 

In respect of questions submitted by the above deadline in respect of items 8 and 9 on this agenda (Draft Chippenham Site Allocations Plan and Statement of Community Involvement), you may by no later than 5pm Friday 10 July 2015, modify your original question in light of any changes to the recommendations by Cabinet on 9 July 2015.

 

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

Supporting documents:

Minutes:

The Chairman stated that there were a number of submissions regarding the Draft Chippenham Sites Allocation Plan and that these would be taken under that item later on the agenda.

 

Anne Henshaw, speaking on behalf of Charmian Spickernell, drew the meetings attention to the question regarding the centralisation of power and the concern over democratic accountability.

 

Cllr Jane Scott OBE, Leader of the Council, stated, in response, that whilst she disagreed with the analysis of the democratic accountability, the Council was not complacent regarding listening to concerns and taking decisions in a transparent manner, for instance the Council argued that more Local Enterprise Partnership meetings should, as they do now, take place in public and welcomed as much public input was practicable in other areas, but that she didn’t agree that returning a Committee system would improve this.

 

Anne Henshaw, with the permission of the Chairman, additionally asked the following questions:

 

1.     Who is the member directly responsible for environmental issues when it comes to scrutinising planning applications?  A check on the Wiltshire Council web site list of Portfolio holders shows no reference to this area at all.  The importance of environmental assessments cannot be underestimated and is one of the major concerns of Wiltshire residents.  Who speaks for them?

 

2.     Also, could you please list the progress that the Local Nature Partnership has made on improving the natural environment of Wiltshire and where this information can be found on the internet?

 

3.     When are meetings of the Local Nature Partnership open to the public and where are the agendas posted?

 

4.     Which Councillors are responsible for the following: biodiversity, rivers and water pollution, air quality?

 

The Chairman asked that a written be answer be provided.

56.

Notice of Motion No. 22 - Grass Cutting - Councillors Terry Chivers and Jeff Osborn

To consider the following motion.

 

This Council congratulates Councillor Philip Whitehead, and the Landscape Group on the standard of grass cutting in the County this year.

 

This is based on feedback from our wards”.

 

Minutes:

The Chairman reported receipt of the above mentioned motion from Councillors Terry Chivers and Jeff Osborn worded as follows:

 

“This Council congratulates Councillor Philip Whitehead, and the Landscape Group on the standard of grass cutting in the County this year.

 

This is based on feedback from our wards”.

 

In responding to the motion, Councillor Philip Whitehead proposed the wording of the motion be amended to read as follows:

The Chairman reported receipt of the above mentioned motion from Councillors Terry Chivers and Jeff Osborn worded as follows:

 

“This Council congratulates Councillor Philip Whitehead, and the Landscape Group on the standard of grass cutting in the County this year.

 

This is based on feedback from our wards”.

 

In responding to the motion, Councillor Philip Whitehead, Cabinet Member for Highways and Transport, proposed the wording of the motion be amended to read as follows:

 

This Council congratulates Councillor Philip Whitehead, and the

Landscape Group  the operators and their immediate manager on the standard of grass cutting in the County this year.

 

This is based on feedback from our wards”.

 

Councillors Chivers and Osborn indicated that they accepted the amendment, which thus became the substantive motion.

 

The motion being put the vote, the meeting

 

Resolved

 

That this Council congratulates the operators and their immediate manager on the standard of grass cutting in the County this year.

 

This is based on feedback from our wards.

57.

Notice of Motion No.23 - Special Responsibility Allowance Reduction - Councillors Jeff Osborn and Terry Chivers

To consider the following motion:

 

Council congratulates the decision of the Prime Minister, David Cameron, not to increase ministerial salaries for the duration of the present parliament.  The stated reason for this is to clearly set a public example in these hard times.

 

With this in mind, Wiltshire Council should follow the Conservative Government example and reconsider its own decision to substantially increase its special responsibility allowances

Minutes:

The Chairman reported receipt of the above mentioned motion from Councillors Jeff Osborn and Terry Chivers worded as follows:

 

“Council congratulates the decision of the Prime Minister, David Cameron, not to increase ministerial salaries for the duration of the present parliament. The stated reason for this is to clearly set a public example in these hard times.

 

With this in mind, Wiltshire Council should follow the Conservative Government example and reconsider its own.”

 

In the course of the discussion, the issues raised included: the concerns of the public to get value for money; that public sector employees would be getting an annual 1% pay rise over a 4 year period; that individual Councillors can opt to receive a reduced amount of allowances; how the numbers of Cabinet Members and Portfolio holders had impacted on the overall cost of the scheme; and the impact of the Members Allowance Scheme in allowing people who are still in paid employment to become Councillors.

 

Having been put to the vote, the motion was not passed.

58.

Draft Chippenham Site Allocations Plan

To consider Cabinet’s recommendations dated 9 July 2015.

 

Owing to the scale of the documents, a link to the papers from the Cabinet meeting can be found at http://cms.wiltshire.gov.uk/ieListDocuments.aspx?CId=141&MId=9629&Ver=4

 

Any updates following that meeting will be included in an agenda supplement.

 

Supporting documents:

Minutes:

Prior to the presentation of the report, the Chairman invited questions and statements from the public and councillors. The Chairman drew the meeting’s attention to the questions and answers circulated in the supplement to the agenda, and asked if those present had any supplementary questions.

 

Councillor Toby Sturgis, Cabinet Member for Strategic Planning, Development Management, Strategic Housing, Property and Waste stated, in response to a supplement to Question 9 from Richard Hames, that should the opportunity for development to come forward, that development should, according to the viability assessment, be able to provide sufficient  financial contribution to fund the road. However, should the opportunity occur to apply for funding from central government the Council would consider it.

 

Councillor Sturgis stated, in response to supplements to Questions 27 and 32 from Helen Stuckey, that he had suggested that alternative proposals could be put forward, but that these had been considered and that he was satisfied as to the soundness of the plan’s proposals overall.

 

Councillor Sturgis stated, in response to a supplement from Kim Stuckey, that he was unable to give a guarantee that there would be no proposals for development in the Marden Valley in the future.

 

Councillor Sturgis stated, in response to a supplement from Kim Stuckey, that whilst it is true that circumstances can and do change , the Council had to submit their report based on the best evidence available at the time. The Secretary of State would appoint an Inspector to consider that evidence and the soundness of the proposals based on it.

 

Ian James made a statement, circulated with the meeting papers, where he emphasised his concerns regarding the impact of the proposals.

 

Councillor Sturgis responded to supplementary questions from Councillor Chris Caswill as follows:

 

  • That the decision to write to developers was made in accordance with the Council’s policy.
  • That roads suggested in the proposals were needed.
  • That the traffic assessment had been a high level assessment; that more detailed work would be done during the planning application stage; and that Highways England had confirmed that they were satisfied with the model.
  • That the link road should result in a net reduction in the amount of traffic going down Station Hill.
  • That there was not a separate decision to award Atkins the contract for the work and they were asked to undertake the work in accordance with their existing contract.

Councillor  Sturgis, as the responsible Cabinet Member, then presented the report, including a supplement circulated on the 10 July 2015. The Chairman drew Council’s attention to the recommendations of Cabinet which had considered the matter at its meeting on the 9 July 2015.

 

Councillor Sturgis proposed, subsequently seconded by Councillor Fleur De-Rhé-Philipe, that the recommendations of Cabinet made on the 9 July 2015 be adopted by Council with the following amendment to resolution one.

 

To approve the Plan together with the Proposed Changes, subject to the omission of the new text in change no. 17, for  ...  view the full minutes text for item 58.

59.

Statement of Community Involvement

Owing to the scale of the documents, a link to the papers from the Cabinet meeting can be found at http://cms.wiltshire.gov.uk/ieListDocuments.aspx?CId=141&MId=9629&Ver=4

 

Any updates following that meeting will be included in an agenda supplement.

 

Minutes:

Councillor Toby Sturgis, Cabinet Member for Strategic Planning, Development Management, Strategic Housing, Property and Waste, presented a report, including a supplement circulated on the 10 July 2015. The Chairman drew Council’s attention to the recommendations of Cabinet which had considered the matter at its meeting on the 9 July 2015.

 

Councillor Sturgis explained how the document was proposed to be revised since its first version published in 2010.

 

Resolved

 

(i)           To authorise the Associate Director for Economic Development and Planning, in consultation with the Cabinet Member for Strategic Planning, Development Management, Strategic Housing, Property and Waste, to make any further necessary minor changes in the interest of clarity and accuracy; and

 

(ii)          To formally adopt the Statement of Community Involvement Update as amended by (i).

60.

Standards Committee Recommendations on Changes to the Constitution

Report by the Associate Director, Law and Governance and Monitoring Officer on proposed changes to the Constitution as recommended by the Standards Committee from its meeting on 24 June 2015.

Supporting documents:

Minutes:

Councillor Stuart Wheeler, Cabinet Member for Hubs, Heritage & Arts,

Governance and Support Services presented a report which asked the meeting of Council to consider recommendations of the Standards Committee on changes to the Constitution.

 

Following a proposed amendment by Councillor Julian Johnson, regarding Councillor’s Questions, concerns were raised that this proposal had not been agreed at the Constitution Focus Group or Standards Committee. The Chairman agreed to a short adjournment to discuss the implications and wording of the proposed amendment.

 

Following the reconvening of the meeting, the following proposals were discussed and the meeting;

 

Resolved

 

1.    That Council approve changes to Part 4 of the Constitution in relation to public disturbances, recorded voting, the ‘State of Wiltshire’ debate and Councillors’ Questions, as shown in the attached tracked change document at Appendix 4. - subject to changes to clarify members may indicate prior to a meeting that they do not wish to ask a supplementary question, and that this will not count toward the limit of 20 to be received at the meeting, and to add to para 3 of the councillor question procedure note.

 

2.    That where a question submitted relates solely to operational issues the Member will be so informed, and such a question will be forwarded to the appropriate Head of Service or Director for a response. Such a question will only then be submitted if the Member either does not receive a response or has not received a response which the Member considers satisfactory.

 

3.    That Council approve changes to Protocols 1 and 2 of the Constitution, to include their integration into a single protocol and the renumbering of subsequent protocols, and an update to Part 2 of the Constitution, as shown in the attached tracked change document at Appendix 5.

 

4.    That Council approve changes to Protocol 7 of the Constitution as shown in the attached tracked change document at Appendix 6.

 

5.    That Council approve changes to Protocol 9 of the Constitution as shown in the attached tracked change document at Appendix 7.

 

6.    That Council approve changes to Protocol 11 of the Constitution as shown in the attached tracked change document at Appendix 8.

61.

Changes to Statutory Dismissal Procedures for Heads of Paid Service, Monitoring Officers and s.151 Finance Officers

Report by the Associate Director, Law and Governance and Monitoring Officer, on changes required by The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015.

Supporting documents:

Minutes:

Councillor Stuart Wheeler, Cabinet Member for Hubs, Heritage & Arts,

Governance and Support Services presented a report which informed Council of the requirement to amend the Council’s standing orders in relation to the Statutory Dismissal Procedures for Heads of Paid Service, Monitoring Officers and s.151 Finance Officers following the coming into force on 11 May 2015 of the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015.

 

Resolved

 

That Council delegate authority to the Monitoring Officer to amend the Council’s Standing Orders to comply with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 as detailed in the report.

62.

Annual Report on Treasury Management 2014/15

Supporting documents:

Minutes:

Councillor Richard Tonge, Cabinet member for Finance, presented the Annual Report on Treasury Management for 2014/15. In his presentation, Councillor Tonge made reference to the fact that the Cabinet received reports on Treasury Management throughout the year; that some minor changes had been taken under delegated authority, to take into account some regulation changes; and how this conformed with the strategy agreed by Council.

 

Resolved

 

That Council note:

 

a)    The Prudential Indicators, Treasury Indicators and other treasurymanagement strategies set for 2014-15 against actual positions resulting from actions within the year as detailed in Appendix A; and

 

b)   The investments during the year in the context of the Annual Investment Strategy as detailed in Appendix B.

63.

Local Pension Board Update

Report of the Corporate Director

Supporting documents:

Minutes:

Councillor Richard Tonge, Cabinet member for Finance, presented the report which proposed nominations to the two employer representatives vacancies on the Local Pension Board.

Resolved:

To approve the following appointments as employer representatives on the Local Pensions Board:

·         Councillor Christopher Newbury – Wiltshire Council

·         Kirsty Cole – Swindon Borough Council

64.

Membership of Committees and Appointment of Chairman/Vice-Chairman of Committees

a)    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.

 

b)    Owing to a vacancy for Vice-Chairman of Standards Committee, to appoint a councillor to that position.

Minutes:

The Chairman invited Group Leaders to present any requests for changes to committee membership in accordance with the allocation of seats to political groups previously approved by Council.

 

Following requests made by Councillor Jane Scott OBE, Leader of the Conservative Group.

 

Resolved

 

1.    That Councillor Paul Oatway be appointed Vice-Chairman of the Standards Committee in the place of Councillor Jerry Wickham;

 

2.    That Councillor Bill Moss be appointed as a substitute member of the Wiltshire Pension Fund Committee in the place of Councillor Christopher Newbury

 

3.    That Councillor Jacqui Lay be appointed to the Corporate Parenting Panel in the place of the vacant Independent Group Place.

65.

Minutes of Cabinet and Committees

a.    The Chairman will move that Council receives and notes the minutes of Cabinet and the various Committees of the Council and the Fire Authority as listed in the in the Minutes Book which can be accessed at http://cms.wiltshire.gov.uk/ieListDocuments.aspx?CId=768&MId=9735&Ver=4

 

b.    The Chairman will invite the Leader, Cabinet members and Chairmen of Committees to make any important announcements.

 

c.    Councillors will be given the opportunity to raise questions on points of information or clarification on the minutes presented.

 

d.    Councillors will be given an opportunity to raise any questions on the minutes of the Wiltshire and Swindon Fire Authority – please submit any questions to committee@wiltshire.gov.uk by 6 July 2015.

 

 e.   Councillors will be given an opportunity to raise general issues relating to Area Boards but not specific local issues.  

Minutes:

The Chairman moved that Council receive and note the following minutes as listed in the separate Minutes Book

 

There being no questions or issues raised on the minutes it was;

 

Resolved:

 

That the minutes of the circulated Minutes Book be received and noted.

66.

Councillors' Questions

Please note that Councillors are required to give notice of any such questions in writing to the officer named on the first page of this agenda (acting on behalf of the Corporate Director) not later than 5pm on Tuesday 7 July 2015. Questions may be asked without notice if the Chairman decides that the matter is urgent.

 

In respect of questions submitted by the above deadline in respect of items 8 and 9 on this agenda (Draft Chippenham Site Allocations Plan and Statement of Community Involvement), you may by no later than 5pm Friday 10 July 2015, modify your original question in light of any changes to the recommendations by Cabinet on 9 July 2015.

 

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

Supporting documents:

Minutes:

The Chairman reported receipt of questions from Councillors Terry Chivers, Chris Hurst, Helen Osborn and Chris Caswill, the details of which were circulated in Agenda Supplement No. 1 together with responses where available from the relevant Cabinet member.

 

Questioners were permitted to each ask one relevant supplementary question per question submitted and where they did so, the relevant Cabinet member responded. It was noted that where relevant, Councillor Chris Caswill’s questions regarding the Draft Chippenham Site Allocations Plan had been taken under that item earlier on the agenda.

 

Question 3 – Councillor Philip Whitehead stated, in response to a supplementary question from Councillor Chris Hurst, that a temporary building could be erected on site, but that once the works ceased it should be removed.

 

Question 17 – Councillor Jonathon Seed stated, in response to a question from Councillor Chris Caswill, that since 2010 the Council had not had a policy of using B&Bs to house families and that this would only happen for one off stays on a temporary basis to enable permanent accommodation to be arranged.