Agenda and minutes

(Budget and Council Tax Setting Meeting), Council - Tuesday 23 February 2016 10.30 am

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

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

Items
No. Item

1.

Apologies

Minutes:

Apologies for absence were received from Councillors Christine Crisp, Christopher Devine, James Sheppard, Keith Humphries, Helen Osborn, Mark Connolly and Bill Douglas.

2.

Minutes of Previous Meeting

To approve as a correct record and sign the minutes of the last meeting of Council held on 29 September 2015 and the extraordinary meeting held on 24 November 2015.

 

 

Supporting documents:

Minutes:

The minutes of the Meetings held on 29 September 2015, and 24 November 2015 were presented.

 

Resolved:

 

That the minutes of the Council meeting held on 29 September 2015 and the extraordinary Council meeting held on 24 November 2015  be approved as  correct records and signed by the Chairman

3.

Declarations of Interest

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

 

Minutes:

The Chairman reminded members of the letter previously circulated from the Monitoring Officer dated 2 February 2016 which made particular reference to interests in the context of considering the budget and where members had tenancies with the Council.

 

Councillor Brian Dalton declared a disclosable pecuniary interest in the Budget in so far as it related to the housing revenue account as he held a garage tenancy with the Council. Councillor Dalton indicated he would withdraw from the meeting when a separate vote would be taken on the housing revenue account details.

4.

Announcements by the Chairman

Minutes:

The Chairman drew the meetings attention to the arrangements for the day’s meeting, specifically referencing fire safety and that the meeting was being recorded for live webcast.

The Chairman stated that details of his, and the Vice-Chairman’s activities since the last meeting would be available via his blog http://wiltshirecouncilchair.blogspot.co.uk/

These, in summary, included:

·         Attendance at Staff Carol Services

 

·         The Visit of HRH The Duchess of Cambridge to the Centre for Addiction Treatment Studies, Warminster

 

·         Visit To the Christmas mail sorting office, Salisbury

 

·         British Legion Wiltshire Branch AGM

 

·         Presentation on the future of policing

 

·         Visit to Tedworth House

 

·         The Open Mosque Day

 

·         The Royal Visit by HRH The Duchess Of Cornwall to Forest and Sandridge Church Of England School, Melksham

The Chairman did make the following detailed announcements at the meeting:

New Wiltshire Councillor

The Chairman welcomed Councillor Atiqul Hoque to his first meeting of Council following his election as Councillor for the Salisbury St Edmund and Milford Division following a by-election held on 26 November 2015.

Purple Flag Status

The Chairman took the opportunity to thank the Community Safety Team and partners, on the occasion of Chippenham successfully achieving Purple Flag status.  He also stated that Salisbury had also been re-accredited for Purple Flag status for the fourth year running

He noted that the award demonstrated the commitment that both Salisbury and Chippenham had made to the 5pm – 5am economy, and to safer communities. It was clear, from this, that partnership working was thriving in both places

New Year Honours

The Chairman announced that a number of Wiltshire residents had received national recognition in Her Majesty’s New Year Honours’ List in January as follows:

CBEs awarded to:

·         Dr. Timothy Brooks from Salisbury, for services to public health.

·         OBEs have been awarded to:

·         Dr. Nicholas Capstick From Potterne, for services to education.

·         Dr. Emrys Kirkman From Shrewton for services in support of military medical treatment.

·         Mrs. Pauline Monaghan From Corsham, for services to children and families.

MBEs awarded to:

·         Commodore William Fairbairn from Barford St. Martin, for services to young people.

·         Mr. John Laverick from Keevil, for voluntary service to waterways management and restoration.

·         Mr. Benjamin Parker from Salisbury, for voluntary service to the community in salisbury.

·         Mrs. June Pearson from Marlborough, for services to the community in Devon And Wiltshire.

BEMS awarded to:

·         Mr. John Bosley from Warminster, for charitable and community service in Warminster, Wiltshire particularly through the royal British Legion.

·         Mr. Alan Crocker from Calne, for services to football in Wiltshire.

·         Mr. Derek Elliott from Devizes, for services to the community in Devizes.

·         Mrs. Shelia Glass from Ramsbury, for services to the community in Ramsbury And Axford.

·         Miss Elizabeth Sexton from Chippenham, for services to the community in Chippenham.

·         Mr. Neil Skelton from Wilton, for services to the preservation and conservation of Imber church.

·         Mrs. Hazel Woodbridge from Purton, for services to carriage driving in Wiltshire.

The meeting joined the Chairman in congratulating them all for gaining  ...  view the full minutes text for item 4.

5.

Presentation of Petition

To receive a petition organised by Mrs Iona Hassan, details attached

 

1,500 signatories (unverified) relate to Wiltshire Residents

Supporting documents:

Minutes:

The Chairman reported receipt of a petition for presentation to the meeting, details of which were presented. He reminded the meeting that, as the petition had not passed the threshold number of signatories for a council debate to be scheduled, there would be no debate on the petition. 

 

Using his discretion, the Chairman invited all four speakers who had registered to speak on this item to address the meeting;

 

Mrs Iona Hassan, in presenting her petition, emphasised her view of the importance of Councillors understanding in depth the issue of fracking, so that they would be able to take into account the environmental impacts when considering related planning applications.. She recognised that Council may not be able to support this, and asked if the moratorium was not supported, that Council support Councillor Jeff Osborn’s motion to be considered later in the meeting  (minute no. 16 refers).

 

Mrs Bridget Penny asked the Council to consider how it would report unbiased information, and how it would address concerns over right to access land specifically whether land owners could refuse access to land by developers.

 

Mr John Medlicott asked why, if it was true that the British Geological Survey had concluded that there were no methane and coal seams in Wiltshire, licenses had been granted, and wondered if there were any other possible reasons for drilling.

 

Mr Richard Craft stated that the Wiltshire Mineral Plan, agreed in 2001, had been developed before unconventional gas and oil drilling had been developed. He argued that, now these new techniques had arrived, it was time for the Council to review the Mineral Plan to ensure they were prepared before applications were submitted. He drew attention to the fact that Somerset Council had recently adopted a revised Minerals Plan which took into account unconventional gas and oil exploration methods.

 

The Chairman thanked Mrs Hassan for presenting her petition and other speakers for their contribution.  The Chairman referredtothe motion on fracking from Councillors Jeff and Helen Osborn for possible debate later in the meeting. He explained that unfortunately he would not be bringing that item forward on the agenda, as consideration of the budget and council tax issues must take precedent.

6.

Petitions Update

Report of the Democratic Governance Manger

 

Supporting documents:

Minutes:

A report by the Democratic Governance Manager was presented which gave Council details of the five petitions received for the period since the last Council meeting.

 

Resolved

 

That Council notes the petitions received and the action being taken, as set out in the Appendix to the report.

7.

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 15 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 16 February 2016. 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 Councillors prior to the meeting and made available at the meeting and on the Council’s website.

Supporting documents:

Minutes:

The Chairman drew the meeting’s attention to the questions, received from Mrs Anne Henshaw, Ms Krystyne Freeman and Mrs Philippa Clarke, and answers circulated in the agenda supplement. The Chairman gave them each an opportunity to ask a supplementary question.

 

Mrs Anne Henshaw thanked Mr Gibbons, the Monitoring Officer, for his response and asked; with reference to the case judgement quoted in the letter whether the decisions in question made could be considered to have been made in a fair and evidenced manner. She went on to argue that the public’s perception of the decisions made was that they were opaque.

 

The Leader stated that she did not have anything further to add to her written reply.

 

Mrs Krystyne Freeman asked whether the issue of seismic testing, including the structural testing of buildings near affected sites, would be included in the review of the Minerals Plan.

 

Mrs Philippa Clarke thanked Councillor Toby Sturgis for the response and asked, making reference to the reply, whether it was possible to clarify what the minimum, in relation to the level of site-based monitoring and reporting, would be.

 

Councillor Toby Sturgis stated that he understood that this minimum level was set nationally, and would respond in writing to clarify this matter.

 

The questions and responses are attached as Appendix A to these minutes.

8.

Wiltshire Council's Financial Plan Update 2016/17

Supporting documents:

Minutes:

Council was asked to consider a net revenue budget of £313.585 million, to increase council tax, approve rents, fees and charges, the capital programme and reserves as detailed fully in the updated published budget papers.

 

The Chairman explained at the outset, how he intended to chair this item and referred to the previously circulated budget process. He reminded Councillors of the various papers that had been circulated in connection with Council’s consideration of this item as follows:

 

a)        The Leader’s budget speech - this was emailed to Councillors once it was given and is attached as Appendix B to these minutes.

 

b)        The proposed amendments of the Liberal Democrat group, including comments from statutory officers.

 

c)       The reports of the meetings of the Overview And Scrutiny Management Committee held on 3 and 12 February 2016.

 

d)       The recommendations from the Cabinet meeting held on 9 February 2016.

 

E)        The Financial Plan Update 2016/17 report of the Section 151 Officer, together with the  Budget Book, proposed fees and charges and the relevant extract of the Schools Forum minutes, minutes of the meeting held between group leaders and trade unions, the Wiltshire Housing Board and a summary of the public meetings held across the County.

 

F)        The proposed council tax resolution which would be taken separately.

 

The Leader of the Council addressed Council delivering her budget speech (Appendix B). In making her address, the Leader highlighted the three priorities that had informed the development of the budget: protecting the vulnerable, promoting the local economy and supporting volunteering and community resilience. Reference was made to the pressures on the budget from changing demographics and reduced funding, and the opportunities that also arose from challenges that the Council faced. The Leader concluded by thanking officers and her Cabinet for working hard to produce the budget.

 

Councillor Dick Tonge, Cabinet member for Finance, presented the Council’s proposed Financial Plan update for 2016/17. In presenting the budget, he referred to the savings that had been identified, and the areas that would receive financial investment. Councillor Tonge also outlined how additional funding would be allocated.

 

Councillor Tonge thanked Michael Hudson, Associate Director for Finance, his team and other officers for their hard work in putting together a difficult budget, and that they had displayed great patience in responding to the changes in government funding this year.

 

Councillor Dick Tonge moved the budget as presented and this was duly seconded by the Leader.

 

Councillor Simon Killane, Chairman of the Overview and Scrutiny Management Committee, presented the reports of his Committee dated 3 February which had considered and scrutinised the budget proposals, and from the meeting on the 12 February where the proposals made by the Liberal Democrat Group had been presented. He made reference to the useful briefing given to all members by the Cabinet Member and officers, and emphasised the importance of ensuring all backbench councillors were fully informed.  He concluded by offering thanks to the Cabinet members for positively engaging in the process and  ...  view the full minutes text for item 8.

9.

Council Tax Setting 2016/2017

Report by Carolyn Godfrey, Corporate Director

Supporting documents:

Minutes:

The Chairman reconvened the meeting, and asked Councillor Dick Tonge, Cabinet member for Finance, to present the report which detailed the various calculations in the prescribed format to enable Council to approve the council tax requirement for 2016/17. It was noted that this was based on the council tax base approved by Cabinet at its meeting held on 15 December 2015. The report presented also included details from the precept authorities. Councillor Tonge moved the council tax resolution and this was seconded by the Leader.

 

There being no further debate, the meeting;

 

Resolved

 

1.         To note that on 15 December 2015 the Council calculated:

 

(a)       the Council Tax Base 2016/2017 for the whole Wiltshire Council area as176,780.23[Item T in the formula in Section 31B(3) of the Local Government Finance Act 1992, as amended (the "Act")] and,

(b)      for dwellings in those parts of its area to which a Parish precept relates as in the attached Appendix.

 

2.         To calculate that the Council Tax requirement for the Council’s own purposes for 2016/2017 (excluding Parish precepts) is £224,723,905.

 

3.         That the following amounts be calculated  for the year 2016/2017 in accordance with Sections 31 to 36 of the Act:

 

(a)

£938,802,024

(Gross Revenue Expenditure including transfers to reserves, parish precepts and any collection fund deficit) being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the Act taking into account all precepts issued to it by Parish Councils).

 

(b)

£698,662,337

(Gross Revenue Income including transfers from reserves, General Government Grants and any collection fund surplus) being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act.

 

(c)

£240,139,687

(Net Revenue Expenditure including parish precepts) being the amount by which the aggregate at 3(a) above exceeds the aggregate at 3(b) above, calculated by the Council in accordance with Section 31A(4) of the Act as its Council Tax requirement for the year. (Item R in the formula in Section 31A(4) of the Act).

 

(d)

£1,358.40

(Wiltshire Council band D tax plus average Town & Parish Councils Band D Council Tax) being the amount at 3(c) above (Item R), all divided by Item T (2 above), calculated by the Council, in accordance with Section 31B(1) of the Act, as the basic amount of its Council Tax for the year (including Parish precepts),

as shown below:

Band A £

Band B £

Band C £

Band D £

Band E £

Band F £

Band G £

Band H £

905.60

1,056.53

1,207.47

1,358.40

1,660.27

1,962.14

2,264.00

2,716.80

 


(e)

£15,415,782

(Aggregate of Town & Parish Council Precepts) being the aggregate amount of all special items (Parish Precepts) referred to in Section 34(1) of the Act (as per the attached Appendix C).

 

 

(f)

£1,271.20

(band D Council Tax for Wiltshire Council purposes only) being the amount at 3(d) above less the result given by dividing the amount at 3(e) above by Item T (2 above), calculated  ...  view the full minutes text for item 9.

10.

Treasury Management Strategy 2016/17

Report by Carolyn Godfrey, Corporate Director

Supporting documents:

Minutes:

With the Chairman’s permission, Councillor Dick Tonge, Cabinet member for Finance, presented the proposed Treasury Management Strategy for 2016/17 as recommended by Cabinet at its meeting on 9 February 2016 for Council’s approval. In his presentation, Councillor Tonge highlighted the small number of changes to be made to the existing Strategy.

 

There being no further debate, the meeting;

 

Resolved:

 

a)    To adopt the Prudential and Treasury Indicators (Appendix A) and approve the proposed changes to the additional maturity indicator and Upper Limits on the Maturity Structure of Borrowing, Trl 5 (paragraphs 28 to 31 of Appendix A);

 

b)   To adopt the Annual Investment Strategy (Appendix B), including the ratification of the removal of the minimum requirement for high credit quality relating to support ratings (previously in paragraph 28), following the changes to Fitch ratings implemented by them in respect of “bail-in”, as approved, via delegated authority to the Associate Director, Finance, Revenues & Benefits and Pensions;

 

c)    To delegate to the Associate Director, Finance, Revenues & Benefits and Pensions the authority to vary the amount of borrowing and other long term liabilities within both the Treasury Indicators for the Authorised Limit and the Operational Boundary;

 

d)   To authorise the Associate Director, Finance, Revenues & Benefits and Pensions to agree the restructuring of existing long-term loans where savings are achievable or to enhance the long term portfolio;

 

e)    To agree that short term cash surpluses and deficits continue to be managed through temporary loans and deposits; and

 

f)     To agree that any surplus cash balances not required to cover borrowing are placed in authorised money-market funds, particularly where this is more cost effective than short term deposits and delegate to the Associate Director, Finance, Revenues & Benefits and Pensions the authority to select such funds.

11.

Integrated Emergency Management Plan

To consider the Integrated Emergency Management Plan as recommended for approval by Cabinet at its meeting on 13 October 2015, noting further minor amendments which have been made to the document since the Cabinet  recommendation as detailed in the attached covering report. 

 

Report by Maggie Rae, Corporate Director as considered by Cabinet as background information, the draft Integrated Emergency Management Plan and relevant extract of the Cabinet minute attached.

 

Supporting documents:

Minutes:

Councillor Keith Humphries, Cabinet Member for Emergency Planning, was not present due to illness. The Chairman therefore invited Councillor Peter Hutton, Portfolio Holder for Public Protection, to present the report which detailed the draft Integrated Emergency Management Plan which had been recommended to Council for adoption by the Cabinet at its meeting on the 13 October 2015.

 

In presenting the item, Councillor Hutton highlighted how the issues that the Plan sought to address had been better integrated into the work of a wider number of teams across the Council; how partners worked together in the event of emergencies; how officers had been trained to take on new responsibilities; how the national risk register was taken into account; the work of local resilience partnerships;  how the Council had recently responded to emergencies such as flooding, anthrax and modern slavery; how area boards had been engaged with;  and that the number of emergency evacuation centres had been doubled.

 

Details of minor changes in response to recent incidents since consideration and recommendation by Cabinet were presented.

 

He recorded his thanks to the team of officers who supported the work of the Plan, and wished Councillor Humphries a speedy recovery.

 

Councillor Glenis Ansell stated that she was pleased to see many parishes producing their own plans to dovetail with this.

 

Councillor David Jenkins also thanked the officers for their hard work.

 

There being no further debate, the meeting;

Resolved

 

(a)  To adopt the Integrated Emergency Management Plan as presented.

 

(b)To authorise the Corporate Director, Maggie Rae following consultation with the Cabinet Member for Health (including Public Health) and Adult Social Care to make any necessary minor changes to the Integrated Emergency Management Plan in the interests of clarity and accuracy.

12.

Pay Policy Statement

To consider the Pay Policy Statement as recommended by the Staffing Policy Committee at its meeting on 6 January 2016.

 

Report by Dr Carlton Brand, Corporate Director and relevant extract of the minutes of the Staffing Policy Committee are attached.

Supporting documents:

Minutes:

The Chairman invited Councillor Stuart Wheeler, Cabinet member for Support Services, to present the report which sought Council’s approval of the updated Pay Policy Statement and the continued publication of senior staff salaries with the relevant threshold figure. 

 

Details had been previously considered and recommended by the Staffing Policy Committee at its meeting on 6 January 2015. Councillor Alison Bucknell, Chairman of the Staffing Policy Committee, confirmed that she had no additional points to raise.

 

There being no further debate, the meeting;

 

Resolved

 

To approve the updated Pay Policy Statement set out in Appendix 1 of the report presented

13.

Notices of Motion

For Council’s ease of reference the rules on how motions on notice are dealt with at Council and guidance on amendments to motions taken from Part 4 of the Council’s constitution are attached.

Supporting documents:

Minutes:

The meeting considered the following notices of motion:

14.

Notice of Motion No.28 - Planning Legal Agreements - Councillors Terry Chivers and Jeff Osborn

To consider the attached motion and officer response.

Supporting documents:

Minutes:

The Chairman reported receipt of the above mentioned motion from Councillors Terry Chivers and Jeff Osborn. Accordingly, Councillor Terry Chivers moved the following motion which was duly seconded by Councillor Jeff Osborn:

 

‘In the event of any legal agreement, being changed after planning permission on major planning applications has been granted; this should only be done in full consultation with the local Town or Parish Councils’

.

In moving his motion, Councillor Terry Chivers made reference to a specific issue in his division where the local parish council had not been made aware of, in his view, a significant change in a s106 legal agreement. He was seeking to ensure that local councils would be informed of any major changes rather than each time a minor change was made.

 

The Chairman invited Councillor Toby Sturgis, Cabinet Member for Planning, to respond to the motion. Councillor Sturgis stated that he would be happy to accept the motion with some amendments to make it clear that the process would be to inform local councils, rather than to open the matter up for full consultation. Councillor Chivers and Councillor Osborn stated that they accepted this amendment.

 

The Chairman then proposed, subsequently seconded by Councillor Bucknell, that the motion be debated at the meeting and on being put to the vote, it was

 

Resolved: 

 

That the motion be debated.

 

The Chairman invited the Group Leaders to comment before opening the matter up for wider debate.

 

The Baroness Scott of Bybrook, OBE, thanked Councillor Chivers for bringing this issue to the meeting for debate and asked that officers liaise with Councillor Sturgis on investigating the specific case raised.

 

Councillor Glenis Ansell highlighted a concern that some developers may make promises for community facilities in the full knowledge that this may not be deliverable.

 

Councillor Ernie Clark stated that it was important to provide information to local councils once amendments to agreements were proposed rather than after they had been agreed.

 

Councillor Ricky Rogers stated that he supported the amendment.

 

Councillor Russell Hawker made reference to a specific case in his division and emphasised the importance of wider communication with the public.

 

Councillor Jon Hubbard asked how it was intended to differentiate between major and minor changes to agreements and suggested that the matter should be subject to further discussion outside of the meeting.

 

Councillor Fred Westmoreland asked whether significant changes to legal agreements should not be referred back to the relevant planning committee.

 

Councillor Toby Sturgis stated that he would prefer the opportunity to discuss with officers how best to adjust the current process to take account of the issues raised during the debate.

 

Councillor Tony Trotman argued that often such agreements were best left to the officers to negotiate details and questioned how major changes would be defined.

 

The Baroness Scott of Bybrook, OBE, considered the debate a useful one and that officers present would take on board the views expressed.

 

Following a request from the Chairman, Councillor Terry Chivers and  ...  view the full minutes text for item 14.

15.

Notice of Motion No. 29 - Pavement Parking - Councillors Terry Chivers and Jeff Osborn

To consider the attached motion and officer response.

Supporting documents:

Minutes:

The Chairman reported receipt of the above mentioned motion from Councillors Terry Chivers and Jeff Osborn. Accordingly, Councillor Terry Chivers moved the following motion which was duly seconded by Councillor Jeff Osborn:

 

‘Road Safety Minster Andrew Jones recently stated it was up to local Councils to introduce bye laws, to ban pavement parking. Within the County of Wiltshire pavement parking is becoming a menace, often forcing vulnerable pedestrians, the blind, disabled and parents with children and pushchairs to walk on busy roads.

 

It is also worth noting the damage parking often caused to local footways. This Council investigates making pavement parking a ticketable offence as soon as possible’.

 

In moving his motion, Councillor Terry Chivers explained that this was a cause of considerable public concern.

 

The Chairman invited Councillor Philip Whitehead, Cabinet Member for Highways and Transport, to respond to the motion. Councillor Whitehead explained that he too received a considerable amount of correspondence on this issue,, but that he could not support the motion as it would require a significant amount of resource to implement a new bylaw.

 

He noted that the parking on pavements was already an offence enforceable by the Police . An alternative approach would be  to seek a change to the law to allow Councils’ own parking enforcement officers to be able to issue fixed penalty notices rather than the Council seeking to establish and enforce its own bylaw. The latter would not allow the imposition of fixed penalty notices and would be prohibitively expensive to progress through the magistrates courts.

 

The Chairman then proposed, subsequently seconded by Councillor Bucknell that the motion be debated and on being put to the vote, it was;

 

Resolved:

 

That the motion be debated.

 

The Chairman invited the Group Leaders to comment before opening the matter up for wider debate.

 

The Baroness Scott of Bybrook, OBE, stated that she could not support the motion and agreed with Councillor Whitehead that the way forward would be to lobby the government to seek a change in the law.

 

Councillor Glenis Ansell highlighted the importance of educating the public to enable them to assist the police in enforcing this issue.

 

Councillor Ricky Rogers stated that he supported the motion.

 

Councillor Ernie Clark, speaking as an individual Councillor rather than group leader, stated that he believed there were alternative solutions to addressing this issue other than those proposed in the motion.

 

Councillor Alan Hill stated that he agreed with Councillor Whitehead and gave examples of how pavement parking had been successfully addressed under the current legal framework.

 

Councillor Peter Edge stated that he could not support the motion.

 

Councillor Jon Hubbard stated that he also received a large number of complaints on this matter, but did not agree that further legislation was practical. He thanked officers for the information provided in the written response to the motion which he considered would be useful when discussing appropriate enforcement action with the local constabulary. He also agreed with Councillor Ansell that some additional effort  ...  view the full minutes text for item 15.

16.

Notice of motion No. 30 - Fracking - Councillors Jeff Osborn and Helen Osborn

To consider the attached motion and response.

Supporting documents:

Minutes:

The Chairman reported receipt of the above mentioned motion from Councillors Jeff Osborn and Helen Osborn. Accordingly, Councillor Jeff Osborn moved the following amended motion as previously circulated in the agenda supplement which was, in the absence of Helen Osborn, duly seconded by Councillor Terry Chivers:

 

This Council is concerned that the Oil and Gas Authority (OGA) has recently decided to offer licences for four blocks of land in Wiltshire.

 

Council notes that the OGA states that the licences for these blocks will contain conditions prohibiting activities in order to protect ecological sites.

 

Nonetheless, in its response to the Habitats Regulations Assessment (HRA), Council made a cogent case against the “water hungry” nature of this mode of exploration and extraction because of the serious impact it will have on Wiltshire aquifers.  This in consequence will constrain future housing development in the county.

 

For these and related reasons, Council has major reservations regarding fracking in the county.   This is compounded by central government’s recent extension of permitted development rights to cover exploratory drilling and investigation.

 

Consequently Council requests that Environment Select Committee establish a task group to better understand the general implications of possible hydrocarbon exploration and extraction in the county.  This will enable members on relevant planning committees to be better briefed on such matters.

 

Furthermore it should be noted that such activities are contrary to the recent international moves in Paris to limit such forms of energy in order to counter climate change.’

 

In moving his motion, Councillor Jeff Osborn stated that he had amended his motion in response to the officer’s response. The amended motion and the officer’s response were published in Agenda Supplement 2. Councillor Jeff Osborn also stated that he would consider accepting an amendment from the Cabinet Member as friendly amendments.

 

The Chairman invited Councillor Stuart Wheeler, Cabinet Member for Support Services, to respond to the motion. Councillor Wheeler moved the following amended motion:

 

‘This Council is concernednotes that the Oil and Gas Authority (OGA) has recently decided to offer licences for four blocks of land in Wiltshire, Council notes that the OGA statesand that the licences for these blocks will contain conditions prohibiting activities in order to protect ecological sites.

 

Nonetheless, in its response to the Habitats Regulations Assessment (HRA), Council made a cogent case against the “water hungry” nature of this mode of exploration and extraction because of the seriouspotential impact it will may have on Wiltshire aquifers. This in consequence will constrain future housing development in the county.

For these and related reasons,Council has major reservations regarding fracking in the county.   This is compounded byalso notes central government’s recentplanned extension of permitted development rights to cover exploratory drilling and investigation.

Consequently Council requests that Environment Select CommitteeScrutiny establish a task group to help Councillors better understand the general implications of possible hydrocarbon exploration and extraction in the county.  This will enable members on relevant planning committees to be better briefed on  ...  view the full minutes text for item 16.

17.

Review of Proportionality and Allocation of Seats on Committees to Political Groups

Minutes:

The meeting considered the number of committee places and the membership of those committees (minute no. 18 and 19 refer).

18.

Review of Committee Places

Report by Robin Townsend, Associate Director - Corporate Function, Procurement and Programme Office

 

 

Supporting documents:

Minutes:

The Chairman confirmed that following changes in the number of seats held by individual political groups on the Council following the by-election held on 26 November 2015, and the request from the Conservative Group Leader, a review of the allocation of seats to political groups had been undertaken.

Accordingly, a report reviewing the allocation of seats on committees to political groups was presented for Council’s consideration.

It was noted that the political composition of the Council now stood at:

Name of Group

No. of Councillors in Group

Conservative

Liberal Democrat

Independent

Labour

Ungrouped Member

62

20

11

4

1

 

It was noted that the net effect of the change in political group sizes was that the Conservative Group would gain two seats and the Liberal Democrat

Group lose one seat.

 

There being no further debate, the meeting;

 

Resolved

 

(a)  To note this report and the legal requirements.

 

(b)  To confirm the aggregate number and the draft scheme of committee places available to members of the Council as set out in Appendix 2 as presented.

 

(c)  To make those changes to the appointment of councillors and substitutes to serve on those committees in accordance with the revised scheme of committee places, until the next occasion membership is reviewed under the provisions of the Local Government & Housing Act 1989.

19.

Membership of Committees and Other Bodies

To determine any requests from Group Leaders for changes to membership of committees in accordance with the allocation of seats to political groups as approved by the Council and other bodies.

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 Glenis Ansell, Leader of the Liberal Democrat Group, and The Baroness Scott of Bybrook, OBE, Leader of the Conservative Group, it was,

 

Resolved

 

1)    Police and Crime Panel

·         Remove Councillor Glenis Ansell as a Full Member.

·         Add Councillor John Smale as a Full Member.

·         Add Councillor Glenis Ansell as a Substitute Member.

 

2)    Audit Committee

·         Remove Councillor Steve Oldrieve as a Full Member.

·         Add Councillor Mike Hewitt as a Full Member.

·         Add Councillor Atiqul Hoque as a Substitute Member.

 

3)    Western Area Planning Committee

·         Remove Councillor Horace Prickett as a Full Member.

·         Add Councillor Graham Payne as a Full Member.

 

4)    Northern Area Planning Committee

·         Remove Councillor Chris Hurst as a Full Member.

·         Remove Councillor Bill Douglas as a Substitute Member..

·         Add Councillor Chris Hurst as a Substitute Member.

20.

Appointment of Employer Representative to the Local Pension Board

Report by Carolyn Godfrey, Corporate Director

 

Supporting documents:

Minutes:

The Chairman invited Councillor Dick Tonge, Cabinet member for Finance, to present the report which sought the approval of an appointment to the Local Pension Board. It was noted that the vacancy had arisen following the resignation of the previous incumbent.

 

There being no further debate, the meeting;

 

Resolved

 

To approve the following appointment as Employer Representative for the Local Pension Board:

 

·         Sarah Holbrook – Wiltshire Police

21.

Cabinet Scheme of Delegation

Report by Dr Carlton Brand, Corporate Director

Supporting documents:

Minutes:

The Chairman invited the Leader, the Baroness Scott of Bybrook, OBE, to present a report which informed Council of changes made by the Leader to the responsibilities of two of her Cabinet Members. In her presentation, the Leader detailed that the Cabinet Member for Economic Development, Skills and Strategic Transport, Councillor Fleur deRhe-Philipe would take on responsibility for strategic property; and that responsibility for the operational use of property would remain with the Cabinet Member for Strategic Planning and Waste, Councillor Toby Sturgis. She explained that this change was intended to provide greater focus and clarity in the exercise of the council’s functions as landowner.  This change had previously been reported to Cabinet at its meeting on 9 February 2016.

 

There being no further debate, the meeting;

 

Resolved

 

To note the change to the Cabinet Scheme of Delegation for

Individual members of the Cabinet as detailed in the report and Appendix presented.

22.

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 as listed in the

Minutes Book

 

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 15 February 2016.

 

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 statements, the meeting;

 

Resolved:

 

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

 

Cabinet                                                                                  13 October 2015, 10 November 2015, 15 December 2015, 19 January 2016,  9 February 2016

 

Cabinet Capital Assets Committee                                    10 November 2015, 19 January 2016

 

Overview and Scrutiny Management Committee          8 September 2015, 3 November 2015, 5 January 2016, 12 January 2016

 

Children’s Select Committee                                             13 October 2015, 8 December 2015, 26 January 2016

 

Environment Select Committee                                        1 September 2015, 27 October 2015

 

Health Select Committee                                                    22 September 2015, 17 November 2015.

 

Licensing Committee                                                          21 September 2015

 

Northern Area Planning Committee                                 7 October 2015, 28 October 2015, 9 December 2015, 27 January 2016

 

Eastern Area Planning Committee                                   17 September 2015, 8 October 2015, 10 December 2015, 28 January 2016

 

Southern Area Planning Committee                                24 September 2015, 15 October 2015, 26 November 2015, 17 December 2015, 14 January 2016

 

Western Area Planning Committee                                  14 October 2015, 25 November 2015, 16 December 2015, 3 February 2016

 

Strategic Planning Committee                                          23 September 2015, 21 October 2015, 9 December 2015

 

Staffing Policy Committee                                                  9 September 2015, 4 November 2015, 6 January 2016.

 

Wiltshire Health and Wellbeing Board                            25 September 2015, 26 November 2015, 28 January 2016

 

Local Pension Board                                                          22 October 2015, 14 January 2016

 

Wiltshire Pension Fund Committee                                 1 October 2015, 10 December 2015

 

Wiltshire Police and Crime Panel                                     3 September 2015, 2 December 2015, 13 January 2016

 

Audit Committee                                                                  27 October 2015

 

Joint Strategic Economic Committee                               30 September 2015, 1 December 2015

 

Wiltshire and Swindon Fire Authority                              24 September 2015, 12 October 2015, 9 December 2015

23.

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 16 February 2016.Questions may be asked without notice if the Chairman decides that the matter is urgent. 

 

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 Jeff Osborn, Terry Chivers, Jon Hubbard and Chris Caswill details of which were circulated in Agenda Supplement No. 1 together with responses from the relevant Cabinet member or Committee Chairman, details of which are attached as Appendix C

 

Questioners were permitted to each ask one relevant supplementary question per question submitted and where they did so, the relevant Cabinet member responded as detailed below:

 

1.            Councillor Chris Caswill to Councillor Keith Humphries (16/06)

 

In response to a supplementary question, Councillor Sturgis stated that the developers had a duty to submit their data and calculations which the authority would cross reference against their own data and that of other relevant bodies. Councillor Sturgis stated that he would provide a written answer as to the when measurements would be taken at Malmesbury Road, whether NOx (Nitrus Oxide) or particulates levels would be measured, and for what time period this would be undertaken. 

 

2.            Councillor Chris Caswill to Councillor Keith Humphries and Councillor Toby Sturgis (16/07)

 

In response to a supplementary question, Councillor Sturgis stated that he would provide a written answer as to who the consultants where and when the report would be expected to be published.

 

3.            Councillor Chris Caswill to Councillor Toby Sturgis (16/09)

 

In response to a supplementary question, Councillor Sturgis stated that he did not regret not attending the Inspector’s hearing on the 9 February, noting that it was an officer led process.

 

4.            Councillor Chris Caswill to Councillor Baroness Scott (16/10)

 

In response to a supplementary question, The Baroness Scott of Bybrook, OBE, stated that questions with regard to the financial position of the three general hospitals that served Wiltshire should more properly be directed to the Chief Executives or Chairs of those organisations.

 

5.            Councillor Chris Caswill to Councillor Baroness Scott (16/12)

 

In response to a supplementary question, The Baroness Scott of Bybrook, OBE, confirmed that, to date, £5,000 had been spent on consultants in preparation of the Skatepark project and that if further cost were incurred these would be reported; and that some members of the Northern Area Planning Committee would also have received updates as they were members of the Chippenham Area Board.

 

6.            Councillor Chris Caswill to Councillor Tony Trotman (16/15)

 

In response to a supplementary question, Councillor Tony Trotman stated that he had considered comments received following the change to the timing of the Northern Area Planning Committee and, given that attendance continued to be good, could see no justifiable reason to change the timing.