Agenda and minutes

Apologies for absence were received from Councillors Jane Burton, Rod Eaton, Steve Petty, Mark Griffiths, Tom James, Bill Douglas, Peter Davis, Paul Darby, William Roberts, Paul Sample.

To approve as a correct record and sign the minutes of the last meeting of Council held on 12 July 2011.

The minutes of the Meeting held on 12 July 2011 were presented.

Resolved:

That the minutes of the last Council meeting held on 12 July 2011 be approved as a correct record and signed by the Chairman, subject to one minor amendment at minute no. 119, which is to include the name of Cllr Julie Swabey in the list of those who tendered an apology.

To declare any personal or prejudicial interests or dispensations granted by the Standards Committee.

Cllr Jonathan Seed declared a personal interest in Item no.17 – Parliamentary Boundary Review [Minute no.157], as he was a parliamentary agent.

Charter Status for Councillor Development

The Chairman expressed his delight that Wiltshire Council had been awarded Charter Status for Councillor Development. The award recognised that the Council has achieved best practice in the way it provided learning and development opportunities for its councillors and was independently evaluated by South West Councils on behalf of the region. The accreditation lasts for three years.

On behalf of Council, the Chairman congratulated and thanked the five members of the Councillor Development group - Cllrs Allison Bucknell, Tony Deane, Rosemary Brown, Nigel Carter and Russell Hawker for their contributions. He also extended his congratulations to the officers working on Councillor Development – Marie Todd, Lynda Williams, Marie Gondlach and Rita Sanders. Councillors were reminded that the achievement would not be possible without those councillors who participated in the development programme and who recognised the importance of life-long learning.

Bryony Houlden, Chief Executive of South West Councils, formally presented the award to Cllr Allison Bucknell, representing the Council as Chairman of the Councillor Development Group.

Royal Wootton Bassett

The Chairman reported that he had been privileged to be a guest at the ceremony held in Wootton Bassett the previous month to mark the presentation of Letters Patent to the Town. Wootton Bassett was only the third Town in the Country to receive this prestigious award.

Her Royal Highness the Princess Royal made the presentation on behalf of Her Majesty the Queen and over 10,000 people were in the High Street to witness this historic event. The ceremony was also attended by the Prime Minister, David Cameron, the new Secretary of State for Defence, Phil Hammond, and General Sir Peter Wall, Chief of the General Staff and professional Head of the Army. Royal British Legion and regimental standards were also displayed.

The Chairman gave a brief overview of the events that took place to mark such a historic day. On behalf of all Ccouncillors the Chairman stated his belief that Royal Wootton Bassett richly deserved the recognition and admiration of the county and the nation.

In recognition of the award of Letters Patent, the Chairman proposed that the name of Wootton Bassett and Cricklade Area Board be changed to Royal Wootton Bassett and Cricklade Area Board and this was agreed by Council.

Royal opening of Wellington Academy, Tidworth

Councillors were updated on the opening of the Wellington Academy in Tidworth where His Royal Highness the Duke of York was in attendance in recognition of a royal link between Wellington College, the academy’s sponsor, and the royal family stretching back to 1851.

His Royal Highness viewed the Sixth Form Centre, visited the art and food & nutrition departments, the sports hall and watched a short dance performance and musical solo in the theatre, engaging with students throughout. He concluded his visit by unveiling a commemorative plaque in the reception area where the whole school were assembled.  He then presented ‘the Duke of York award for outstanding achievement’ to year 12 student, Claire Stevens.

Olympic Torch Relay  ...  view the full minutes text for item 137.

Report by the Head of Democratic Services attached.

The Chairman reported that nine petitions excluding those on regulatory matters, had been received since the last Council meeting, details of which were presented. The Chairman referred Council to three further petitions which had been received since publication of the agenda as follows:

·         Street parking – Bower Gardens, Shady Bower, Salisbury - request for Double yellow Lines

·         Objection to land North East of Roundway Park being approved for Development

·         Objection to removal of disabled parking bays - Guildhall and Market Place Salisbury

Mrs Helen Farmer addressed Council on the petition concerning removal of disabled parking bays. She considered that removal of the bays would indirectly discriminate those who whilst having mobility issues did not have or wanted a blue badge which would make parking easier.

Cllr Richard Clewer, Chairman of Salisbury Area Board explained that a working group was looking at this particular issue at its meeting on 16 November 2011. Its findings would be reported to the Area Board for further consideration with a view to reaching a solution.

Resolved:

That Council notes the petitions received and the actions taken as set out in the report and additional information presented.

Cllr Jon Hubbard, Division member for Melksham South  will present a petition with 105  signatories. Details of the petition and an officer response to assist Council in its consideration of the petition are attached.

With the Chairman’s permission, Cllr Jon Hubbard presented a petition with 105 signatories from his constituents which called upon the Council to enable them to be able to pay their council tax by Pay Point at any shop with this facility. The petition stated that, at present, people were only able to pay at a pay zone point which only existed at the Post Office which they complained involved queues and delays and added journey.

To assist Council in its consideration of the petition, an officer’s report was presented which gave helpful background to this issue. The report suggested that a complete review of payment methods be made which would take into account transaction costs, suitability, convenience and efficiencies. Cllr Hubbard welcomed this approach.

Resolved:    

(a)          That the petition be received and noted.

(b)      That the Cabinet member for Resources be requested to undertake a review of all aspects of payment to the Council.

Mrs Laura Bell on behalf of SOS Trees – Campaign to protect the trees in Salisbury Market Place will present a petition of 11,485 signatories. Details of the petition and an officer response to assist Council in its consideration of the petition are attached.

With the Chairman’s permission, Mrs Laura Bell presented a petition with a reported 11,485 signatories objecting to the felling of trees in Salisbury Market Place. Mrs Gruzelier member of West Dean Parish Council also voiced her support for the petition.

It was noted that the petition had previously been considered by Salisbury Area Board at its meeting on 15 September 2011 and again at an extraordinary meeting of the Area Board on 10 October 2011. The Area Board agreed to oversee the delivery of improving the Market Place while the Salisbury Vision would focus on larger projects. The Area Board established a community working group comprising interested parties which would examine all the issues and help draw up proposals for the future of the Market Place.

Cllr Clewer, Chairman of Salisbury Area Board updated Council and explained that the Area Board was taking the views of petitioners very seriously and would be considering the matter further at its next meeting.

Resolved:

Given that this matter was being adequately dealt with by Salisbury Area Board, the petition be received and noted and the action being taken by the Area Board also be noted.

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 no later than 5pm on Tuesday 1 November. 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.

The Chairman acknowledged requests for public participation which would be dealt with under the respective items.

To consider the following notices of motions:

Submitted by Cllrs Peter Colmer (Cricklade and Latton Division) and Bill Douglas (Chippenham Hardens and England Division).

Details of the motion and an officer response to assist Council in its consideration of it are attached.

Cllr Fleur de Rhe Philipe, Cabinet member for Strategic Planning, Economic Development and Tourism will respond to motions 22, 23 and 24 below.

The Chairman reported receipt of the following notice of motion from Cllrs Peter Colmer and Howard Marshall:

“That Wiltshire Council support the extension of the Community Speed watch criteria that is currently restricted to 30 mph and 40 mph areas to include 20 mph speed limits and zones and will press the police authority to embrace this recommendation”.

A report by the Service Director for Strategic Services was presented to  assist Council in its consideration of this motion.

Once moved and seconded, Cllr Peter Colmer was invited to speak to the motion. Cllr Tonge, as Cabinet member for Highways and Transport on being  invited to respond to the motion supported it. The Chairman moved that the motion be debated and this was duly seconded by the Vice-Chairman and on being put to the vote, it was

Resolved:

That notice of motion no. 21 be debated.

Following debate, it was

Resolved:

That motion no. 21 be adopted as submitted as follows:

That Wiltshire Council support the extension of the Community Speed watch criteria that is currently restricted to 30 mph and 40 mph areas to include 20 mph speed limits and zones and will press the police authority to embrace this recommendation.

Submitted by Cllrs Ian McLennan (Laverstock, Ford & Old Sarum Division) and Ricky Rogers (Salisbury Bemerton).

Details of the motion are attached.

Public Participation

Mr Ron Champion, Chairman of Laverstock and Ford Parish Council addressed Council on this motion voicing his support for it. 

The Chairman reported receipt of the following notice of motion from Cllrs Ian McLennan and Ricky Rogers:

“Members note that the Inspector has removed our amendment from Annex 1, in which we sought to remove the proposed development site at the southern end of the Airfield, in close proximity to Ford.  We also note the Inspector’s comment, “If the Council were to decide that development in this area was acceptable then it would do so under the terms of Core Policy 9”. We wish to reaffirm our democratic decision that development of the southern site is unacceptable.”

On being moved and seconded, Cllr McLennan spoke on his motion. At the Chairman’s invitation, Cllr Fleur de Rhe-Philipe, Cabinet Member for Economic Development and Strategic Planning responded to the motion. She explained that whilst she understood the sentiment behind the motion, the South Wiltshire Core Strategy had to be considered in its entirety and it would be risky to try and introduce minor amendments to it at this stage.

The Chairman moved that the motion be debated and this was duly seconded by the Vice-Chairman. On being put to the vote, it was

Resolved:

That notice of motion no.22 be debated.

A debate ensued on the motion and the South Wiltshire Core Strategy in general during which Cllr McLennan voiced his concerns over the impact the Core Strategy would have on the Laverstock and Ford areas in particular.

Attention was drawn by several Councillors to the length of the process that led to the South Wiltshire Core Strategy and possibility that the adoption of the motion would place the South Wiltshire Core Strategy in jeopardy, leading to a planning policy vacuum in South Wiltshire.

Cllr McLennan re-iterated his view that a vote in support of the motion would re-affirm the Council’s democratic will on the site.

On being put to the vote, the motion was LOST  and it was

Resolved:

That notice of motion no. 22 be not adopted.

The above decision was the subject of a recorded vote and recorded as follows:

For the notice of motion (25)

Cllrs Desna Allen, Rosemary Brown, Trevor Carbin, Chris Caswill, Ernie Clark, Peter Colmer, Brian Dalton, Peggy Dow, John Fogg, Malcolm Hewson, Jon Hubbard, George Jeans, David Jenkins, Simon Killane, John Knight,  Howard Marshall, Ian McLennan, Steve Oldrieve, Helen Osborn, Jeff Osborn, Mark Packard, Ricky Rogers, Judy Rooke, Ian West and Graham Wright.

Against the notice of motion (49)

Cllrs Richard Beattie, Chuck Berry, John Brady, Liz Bryant, Allison Bucknell, Nigel Carter, Richard Clewer, Linda Conley, Mark Connolly, Christine Crisp, Mike Cuthbert-Murray, Andrew Davis, Fleur de Rhe-Philipe, Tony Deane, Peter Doyle, Peter Fuller, Richard Gamble, Howard Greenman, Mollie Groom, Lionel Grundy, Robert Hall, Russell Hawker, Mike Hewitt, Alan Hill, Charles Howard, Chris Humphries, Keith Humphries,  Peter Hutton, Julian Johnson, Jerry Kunkler, Jacqui  ...  view the full minutes text for item 141b)

Submitted by Cllrs Ian McLennan (Laverstock, Ford & Old Sarum Division) and Ricky Rogers (Salisbury Bemerton)

Details of the motion are attached.

Public Participation

Mr Ron Champion, Chairman of Laverstock and Ford Parish Council addressed Council on this motion expressing the views of the Parish Council. 

The Chairman reported receipt of the following notice of motion from Cllrs Ian McLennan and Ricky Rogers:

“Members note the suggestion by the Inspector, that the historic WW1 runway could be re-sited in conjunction with other development proposals. However, after 100 years of aviation, we choose to leave the existing runway in place.”

Having been moved and seconded, the Chairman invited Cllr McLennan to speak to his motion.

The Chairman moved that the motion be debated and this was duly seconded by the Vice-Chairman and on being put to the vote, it was

Resolved:

That notice of motion no.23 be debated.

Councillors agreed with the view that the airfield given its history, should be protected. The Leader suggested that officers could be requested to explore the possibility of having the airfield listed to ensure its protection rather than trying to do this through the South Wiltshire Core Strategy and this approach was supported by other Councillors.

Cllrs McLennan and Rogers withdrew the motion in light of such a suggestion.

The Leader moved her suggestion as a formal process and having been seconded and put to the vote, it was

Resolved:

(a)          To note withdrawal of motion no. 23.

(b)               At the Leader’s request and noting Councillors’ concerns, to ask officers as a matter of urgency, to investigate how the Council can seek to protect Sarum Airfield by having it listed.

Submitted by Ian McLennan (Laverstock, Ford & Old Sarum Division) and Ricky Rogers (Salisbury Bemerton)

Details of the motion are attached.

Public Participation

Mr Ron Champion, Chairman of Laverstock and Ford Parish Council addressed Council on this motion voicing his support for it.  

The Chairman reported receipt of the following notice of motion from Cllrs Ian McLennan and Ricky Rogers:

“Members note the Inspectors deletion of Con/45, our requirement to retain a significant strategic gap between Ford and Hampton Park and the setting up of a community forum. We reaffirm the democratic vote of this council to impose Con/45 and restate our intention to establish a significant strategic gap and to set up the local community forum, as stated.”

Having been moved and seconded, Councillor McLennan was invited to speak to his motion. Cllr McLennan maintained it was vitally important to reinstate this section of the South Wiltshire Core Strategy in accordance with the decision made by this Council.

The Chairman moved that the motion be debated and this was duly seconded by the Vice-Chairman and on being put to the vote, it was

Resolved:

That notice of motion no.24 be debated.

The Chairman called on Cllr Fleur de Rhe-Philipe, Cabinet Member for Economic Development and Strategic Planning to open the debate before inviting Group Leaders to contribute and thereafter opening the debate to other Councillors.

Cllr de Rhe-Philipe responded to the motion.

On being put to the vote, the motion was LOST and it was therefore

Resolved:

That motion no. 24 be NOT adopted.

Submitted by Cllr Chris Caswill (Chippenham Monkton Division) and Simon Killane (Malmesbury)

Details of the motion and an officer response to assist Council in its consideration of it are attached.

The Chairman reported receipt of the following notice of motion from Cllrs Chris Caswilland Simon Killane:

“Council welcomes implications for Wiltshire residents of the stated objectives of the proposed changes to local planning, as set out in the Localism Bill, the draft National Policy planning Framework (NPPF) and the proposals for neighbourhood planning. In particular Wiltshire will benefit from greater involvement of local communities in shaping the future of their places where they live.  However Council has concerns about aspects of the proposals which would affect Wiltshire residents and resolves to express these to government, Wiltshire MPs and relevant legislative bodies.  

1. As a planning authority, Council asks that the Localism Bill be amended to remove the clause which would make payments offered by prospective developers a material consideration in planning decisions.  Clarification is also needed in the Bill and the other proposals that the aim is ‘sustainable development’, (to include specifically environmental and social criteria), and not only ‘sustainable economic growth’.  

2. Council shares the widely expressed concerns about the presumption in favour of development which is currently highlighted in the Localism Bill and the NPPF, and the simplistic assertion that in future the answer to development proposals is ‘yes’.  It believes this will not provide the necessary protection to local people and the Wiltshire countryside, and will ask that this is amended in the legislation and regulations to provide a more balanced planning framework, consistent with the aim of giving communities a genuinely enhanced say in planning decisions. 

3. Given the timing of Wiltshire planning policy development, Council is particularly concerned that any presumption of development generally being allowed where plans are “absent, silent, indeterminate or … out of date” should not apply immediately on approval of the NPPF, but be phased in over time.  A managed transition phase is essential.

4. Whilst Council welcomes the objective of enhanced community involvement through neighbourhood plans, and the flexibility proposed in the draft regulations, the proposals need to be amended to allow some opportunities for communities to reshape or in some circumstances reject proposals for new development, alongside the ‘Community Right to Build’ and ability to decide on details. Without this power, Wiltshire communities will be understandably skeptical about the opportunities for local involvement.

5. Council is also concerned about the absence of any definition of the ‘qualifying bodies’ who can initiate neighbourhood plans, and about the proposals for ‘Community Right to Build’ orders, which together appear to allow developers and organizations other than Wiltshire residents, town and parish councils opportunities to determine local planning outcomes. Council will respond accordingly to the current consultation on these issues.    

6. Looking to the future, and in the interests of transparency, Council takes this opportunity to state its intention that decisions on neighbourhood plans in Wiltshire will be taken in full Council, to give members and the public the maximum opportunity for understanding and engagement.”

Having been moved and seconded, the Chairman invited Cllr Caswill to speak to his motion. He explained that the motion sought  ...  view the full minutes text for item 141e)

Submitted by Cllrs Howard Marshall (Calne Central Division) and Brian Dalton (Salisbury Harnham Division)

Details of the motion are attached.

Cllr John Thomson, Cabinet member for Adult Care, Communities and Housing will respond to the motion.

Submitted by Cllrs Jon Hubbard (Melksham South Division) and Howard Marshall (Calne Central Division)

Details of the motion are attached.

Cllr Dick Tonge, Cabinet member for Highways and Transport will respond to this motion.

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 not later than 5pm Tuesday 1 November 2011. 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.

The Chairman remarked on the sheer volume of questions received for this meeting which had significantly increased from previous meetings. He questioned if this was a good use of a Council meeting. He reminded Councillors that they could of course arrange to obtain information requested outside of a meeting. The Chairman gave notice that he would be asking the Focus Group on the Review of the Constitution to review this aspect of the Constitution.

The Chairman reported receipt of questions from Councillors Ernie Clark, Nigel Carter, Jeff Osborn, Helen Osborn, Michael Cuthbert-Murray, Brian Dalton, Ian West, Howard Marshall, Jon Hubbard and Trevor Carbin details of which were circulated and attached as an appendix to these minutes together with the responses given.

Questioners agreed to take their questions as read and were given an opportunity to ask a relevant supplementary question to which the relevant Cabinet member responded.

(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 enclosed separately.

(b) The Leader, Cabinet members and Chairmen of Committees will be given a brief opportunity to make any important announcements.

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

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

By way of background information, the report considered by Cabinet at its meeting on 18 October 2011 is attached. Please note this report has been updated since Cabinet as follows:

·         A new paragraph (paragraph 8) and appendix (Appendix 3) have been added detailing proposals made by Salisbury City Council, Salisbury City Centre Management and others that were considered by Cabinet on 18 October.

·         Chart 1, Table 2 and paragraphs 36-38 have been amended to take account of revised and updated car parking data.

·         A new appendix (Appendix 5) has been added outlining how the Council is supporting regeneration activities in Wiltshire’s towns.

·         A new paragraph (paragraph 40) and appendix (Appendix 7) have been added providing car park ticket sales and income for each town from April 2010 to September 2011.

Public Participation

Mr Mike Williams, Wessex Association of Chambers of Commerce addressed Council with a copy of his statement having been previously circulated.

Council had previously agreed its Car Parking Strategy as part of the Local Transport Plan. Since then, a number of representations had been received suggesting that new parking charges were having a detrimental impact on the retail sector and therefore the economic viability of town centres.

Cllr Tonge, Cabinet member for Highways and Transport presented the report previously considered by Cabinet at its meeting on 18 October 2011. It was noted that the report had been updated for the the purposes of this Council meeting to provide further requested information and updated data.

The report provided information to enable Council to consider a Countywide analysis of the economic, social and environmental impacts of the current car parking charges.

The key conclusions of the report were as follows:

(i)           The findings of wider research were that it is what a town or City had to offer that was the primary factor affecting economic health and not parking charges.

(ii)          Parking ticket sales were already in decline before the introduction of the new parking charges in April 2011. Neighbouring local authorities were also reporting a decline in car park usage and/or an income shortfall.

(iii)         A large number of local authorities had either brought in increased parking charges or were considering such a move.  A few had reduced their charges with limited and mixed results.

(iv)         National economic evidence showed that Britain was currently suffering from a period of slow growth, low consumer confidence and squeezed household disposable incomes. The rise of out-of-town shopping centres, large chain stores, supermarkets and the internet had also significantly impacted on the UK’s high street.

(v)          There were signs that some of Wiltshire’s towns were bucking the national trend.

(vi)         Parking charges provided essential Council income to support other services such as local buses and, as a demand management measure, could help the Council and its partners meet CO₂ and air quality targets.

Overall, it was considered that if parking charges were broadly appropriate, then the main factors affecting market towns were:

• wider economic factors (e.g. consumer confidence);
• societal trends (e.g. supermarket and internet shopping); and
• the actual offer a town makes.

The first of these factors was largely international in its origin and scope. The second was largely national. The third was local and is being addressed by the Council in the county’s largest towns through the Vision programmes.

The Environment Select Committee had considered the report at its meeting on 1 November 2011 and resolved as follows:

1)    To thank the Cabinet member for the opportunity to contribute to the Car Parking review;

2)    To recognise the current economic climate and the challenges it presents the Wiltshire public and its business sector;

3)    To recognise that due to the legislative process any immediate policy changes on car parking pricing will impact on the 2012/2013 budget; and in response to ask  ...  view the full minutes text for item 144.

To consider recommendations from the Cabinet in relation to proposed amendments to the capital programme.

The report previously considered by Cabinet at its meeting on 18 October 2011 is attached.  The minute recording Cabinet’s decision to recommend the amendments to Council can be found at pages 44-45 of the enclosed Minute Book.

Report by the Chief Finance Officer.

To consider adopting a revised Street Trading Scheme as recommended by the Licensing Committee at its meeting on 7 September 2011. The minute recording the Licensing Committee’s recommendation to Council can be found on pages 142-145  of the enclosed Minute Book.

Report of the Solicitor to the Council and Monitoring Officer and a copy of the proposed Scheme are attached.

Cllr Jonathon Seed, Chairman of the Licensing Committee presented a report which recommended that the Council adopts Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982, allowing it to control street trading within the Council’s area. The report also recommended Council to authorise the commencement of the process for designating all streets in the Wiltshire Council area as Consent Streets and to adopt the revised Consent Street Trading Scheme, details of which were presented.

Cllr Seed explained the Consent Street Trading Scheme being presented followed detailed work by the Licensing Committee. He paid tribute to the careful work undertaken by both members and officers of the Licensing Committee and cited it as a good example of cross party working.

Resolved:

a)           That Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 shall apply to the whole of the Council’s area with immediate effect;

b)           To authorise the commencement of the process to designate all streets within the Wiltshire Council area as Consent Streets by giving notice of its intention to pass a resolution to that effect and

c)           To adopt the revised Street Trading Scheme as presented.

To receive and note:

Report by Cllr Tony Deane, Chairman of the Boundary Review Working Party.

Declaration of interest

Cllr Jonathon Seed declared a personal interest in this item by virtue of his being a parliamentary agent.

Cllr Tony Deane, Chairman of the Working Party on the Parliamentary Boundary Review presented a report on such a review. The Boundary Commission for England (BCE) had published its initial proposals for new Parliamentary constituencies and was consulting on the proposals until 5 December 2011. Accordingly, Council’s views were sought on the proposals being put forward for the Council’s administrative area.

Council at its meeting on 17 May 2011 established a Working Party to consider the initial proposals and to prepare a response for consideration by Council. The Working Party had since met on three occasions, the notes from which were presented as background information.

The Working Party at its meeting on 18 October 2011 agreed to recommend a motion to this Council meeting, details of which were presented. All Councillors were given the opportunity to submit any revised proposals for consideration by the Working Party on 24 October 2011 prior to its recommendations to this Council meeting. In response to this, revised proposals were submitted in respect of the Lavingtons and Erlestoke division with the Devizes constituency and for the Till and Wylye division within the Salisbury constituency. However, neither proposal was agreed by the Working Party who also confirmed the draft recommendations now presented and moved by Cllr Deane and duly seconded as follows:

a)    That the Division of Lyneham reverts to the proposed Chippenham Constituency. 

b)    That the Council accepts with reluctance the proposals for the Corsham local government Divisions to be split between two Constituencies and the resultant split of both Town Council and Community Area boundaries.

c)    That the following constituencies be re-named:-

               I.        the Chippenham Constituency be re-named North Wiltshire; and

             II.        the Trowbridge Constituency be re-named West Wiltshire.

During the course of debate, the following amendment was proposed by Cllr Ian West and seconded by Cllr Jon Hubbard:

To add:

d)    ‘That the Till and Wylye Valley division move to the Salisbury constituency and the Tisbury division move to the Warminster and Shaftesbury constituency.’

On being put to the vote, the amendment was LOST.

A further amendment was moved by Cllr Jeff Osborn and seconded by Cllr Helen Osborn to delete c) ii from the motion. On being put to the vote, the amendment was LOST.

A further amendment was moved by Cllr Chris Caswill and seconded by Cllr Bill Douglas to amend c) i from the motion to read as follows:

c)         ‘the Chippenham Constituency be re-named Chippenham and North Wiltshire’

On being put to the vote, the amendment was LOST.

The Leader thanked the Working Party for all its hard work undertaken in a relatively short space of time.

The original motion was then put to the vote and CARRIED and it was therefore

Resolved:

a)        That the Division of Lyneham reverts to the proposed Chippenham Constituency.

b)        That the Council accepts with reluctance the proposals for the Corsham local  ...  view the full minutes text for item 150.

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.

Report by the Solicitor to the Council and Monitoring Officer.

Cllr John Noeken, Cabinet member for Resources presented a report which invited Council to consider various consequential matters arising from  Cabinet’s decision dated 6 October 2011 to make changes to the senior management structure of the Council.

The revised structure as approved by Cabinet involved the deletion of the post of Chief Executive and one of the four Corporate Directors.

The Senior Officers’ Employment Sub-Committee which met on 2 November 2011 recommended the dismissal of the Chief Executive, Mr Andrew Kerr on the grounds of redundancy. The minutes of the Sub-Committee were presented to Council. It was noted that a decision to dismiss the Head of Paid Service, namely Mr Kerr, was subject to confirmation by Council.

The Officer Appointments Committee met on 31 October and 1 November 2011 to consider appointments to the three remaining Corporate Director posts which resulted in the appointment of Dr Carlton Brand, Carolyn Godfrey and Sue Redmond. The Senior Officers’ Employment Sub-Committee was scheduled to meet on 25 November 2011 (subsequently rescheduled to 2 December 2011) to consider the dismissal of the remaining Corporate Director on the grounds of redundancy. It was noted that Maggie Rae, Joint Director of Public Health and Wellbeing was not affected by these proposals.

The Council had a statutory duty to designate one of its officers as the Head of Paid Service. It was recommended that the Service Director for Human Resources and Organisational Development be designated Head of Paid Service as his duties were most closely aligned with the duties of Head of Paid Service particularly in relation to the appointment and management of the Council’s staff.

Cllr Noeken guided Council through the proposals before it.

Resolved:

a)            To confirm the decision of the Senior Officer’s Employment Sub-Committee regarding the termination of the Chief Executive’s employment on the grounds of redundancy (Mr Andrew Kerr).

(Cllrs Jon Hubbard and Howard Marshall requested that their votes against the above decision be recorded)

b)           To designate the statutory function of head of paid service to the Service Director, Human Resources and Organisational Development and to amend the constitution accordingly.

c)            To appoint Dr Carlton Brand, Corporate Director to the statutory  role of Electoral Registration Officer and Returning Officer for local  authority and local elections from a date to be confirmed.

d)           To approve the appointment of the Solicitor to the Council as the Clerk of the Lieutenancy, subject to the agreement of the Lord-Lieutenant.

e)            To adopt Part 3B of the Council’s constitution as amended in Appendix C with effect from a date to be agreed by the Monitoring Officer.

f)             To agree that Dr Carlton Brand, Corporate Director, acts as the liaison officer for the political groups and to amend the constitution accordingly.

g)            To request the Standards Committee through its Focus Group on the Review of the Constitution to review the constitution in light of the senior management restructuring and recommend any necessary changes to Council.

To consider passing the following resolution:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item Number 4 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in  paragraph 1 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

To consider confidential details in respect of item 20 above (to follow).