Agenda and minutes

Council - Tuesday 13 November 2012 10.30 am

Venue: Melksham Assembly Hall, Market Place, Melksham, SN12 6ES

Contact: Yamina Rhouati  Email:

No. Item




Apologies for absence were received from Councillors Liz Bryant, Simon Killane, Jacqui Lay, Laura Mayes, Jeff Ody, Jeff Osborn, Sheila Parker, Nina Philips and John Smale.


Minutes of Previous Meeting

To approve as a correct record and sign the minutes of the last meeting of Council held on 10 July 2012

Supporting documents:


The minutes of the Meeting held on 10 July 2012  were presented.




That the minutes of the previous Council meeting held on 10 July 2012 be approved as a correct record and signed by the Chairman.


Declarations of Interest

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



Cllr Francis Morland declared a disclosable interest in the item Council Tax Support Scheme (minute no. 83 refers) as a Wiltshire council tax payer and gave notice that he would leave the meeting for the duration of the item.


Announcements by the Chairman


The Chairman made the following announcements:


(a)       Olympic and paralympic medalists


On behalf of Council, the Chairman congratualted all Wiltshire residents who took part in the Olympic and Paralympic games,  whether as a volunteer, official or athlete.  In particular, she congratulated the following athletes who won medals in their events:


·         Ed Mckeever - olympic gold medal –sprint kayaking


·         Aaron Mooresparalympic silver medal –100m backstroke


·         Stephanie Millward:

o   paralympic silver medal – 100m backstroke, 

o   bronze medal - 4x100m freestyle relay,

o   silver medal - 400m freestyle, 

o   silver medal - 200m medley,

o   & silver medal - 100m medley relay


(b)       The legacy of 2012


The Chairman acknowledged that 2012 had been an extraordinary year for Wiltshire, celebrating Her Majesty The Queen’s Diamond Jubilee, the Olympic Games and the Torch Relay, with hundreds of events being held across the County throughout the summer.   Such events had had a huge impact, with significant benefits to the local economy and communities, and a huge volunteering effort from over 1,000 Wiltshire council staff.


The Chairman advised that a Legacy Steering Board had been established to ensure the momentum of this year was continued and that actions would be taken to create a real legacy for the future. 


(c)       Remembrance Day Services and Parades


The Chairman explained she had been delighted to attend the launch of the Wiltshire Royal British Legion Poppy Appeal at Salisbury Racecourse recently where she purchased and was presented with the first poppy sold in Wiltshire.  With the strong armed services link to Wiltshire, the Chairman had welcomed the opportunity to be involved with this important and vital fund raising work undertaken by the Royal British Legion.


Annual Remembrance Day service and parades took place across Wiltshire last weekend.   She was pleased to say that, where invitations had been received from towns and parishes for the Council to be represented, Wiltshire Councillors attended services and laid wreaths at war memorials across the County on behalf of the Council.  The Chairman thanked Councillors for their willingness to be involved in and attend these important ceremonies.


In view of the proximity of this meeting to Remembrance Day, at the request of the Chairman, all those present stood for a moment’s silence.


(d)       Bruce Trust: Paralympics


The Chairman explained she had been pleased to have had the opportunity to join other dignitaries at the invitation of the Great Bedwyn-Based Bruce Trust to send off the Diana, one of four specially-designed, purpose-built, wide-beam canal boats, on a voyage to the Paralympics.  The Diana provided holidays for disabled people on the Kennet & Avon Canal.  It undertook the 82-mile canal and river journey to London and provided accommodation at the Paralympics for disabled visitors, arriving in time for the opening ceremony. The Chairman explained the background, the voyage, involvement of various rotary clubs and The Bruce Trust and the provision of trips to local groups of people with special needs.



(e)       The Marlborough Tile Mural


The Chairman informed Council that the  ...  view the full minutes text for item 78.




Petitions Received

No petitions have been received for this meeting


The Chairman explained that no petitions had been received for presentation to this meeting.


Petitions Update

Report of the Head of Democratic Services.

Supporting documents:


A report by the Head of Democratic Services was presented which gave details of nine petitions received for the period since the last Council



Cllr Helen Osborn requested an update on affordable English language teaching for women, the subject of one of the petitions referred to in the update.  It was agreed to provide Cllr Helen Osborn with a written reply.




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 presented.


Public Participation

The Council welcomes contributions from members of the public.



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.



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 6 November 2012.  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.


Mr Brian Warwick addressed Council on the decision of Cabinet dated 6 November 2012 on ‘Integration of Public Health’ – Cabinet minute no 124 refers. Mr Warwick requested a meeting with the Leader of the Council to discuss his concerns over protecting care services and the Government White Paper on Healthy Lives and Healthy People.  The Chairman advised that such a meeting had been arranged and would be held shortly. Mr Warwick was satisfied with this response.


Emergency and Civil Contingency Plans - Council's Major Incident Plan and Recovery Plan

Supporting documents:


Cllr Keith Humphries, Cabinet member for Public Health and Public Protection presented a report on the Council’s Major Incident Plan and Recovery Plan that had recently been reviewed and extensively amended to reflect current Council structures.  Both Plans had been approved by Cabinet on 24 July and 23 October 2012 respectively for onward recommendation for adoption by Council.


Councillors were advised that under the Civil Contingencies Act 2004 Wiltshire Council was designated as a Category 1 responder.  As such it was required to develop and maintain emergency plans that were appropriate, up to date and kept in readiness for emergencies.  The Council worked in close cooperation with the other partner organisations of the Wiltshire and Swindon Local Resilience Forum (LRF).  Multi-agency arrangements had been agreed by the LRF and internal plans and procedures were designed to work within these arrangements. 


It was noted that the Major Incident Plan set out arrangements for the Council’s response to emergencies within or affecting Wiltshire, and potentially impacted on the entire range of Council services. The Plan was generic, and provided a mechanism for mobilising staff and resources in response to an emergency and for performing Council functions in relation to a wide range of possible scenarios. The aim of the Recovery Plan was to establish the processes and procedures necessary for any Wiltshire community to overcome and/or adapt to the effects resulting from a significant disruptive challenge, whatever the cause.


A number of comments and questions were raised by Councillors to which Cllr Keith Humphries replied. A number of minor amendments were also requested to bring the document up to date.


In connection with the Major Incident Plan, Cllr Bill Douglas asked a question, details of which were presented (Appendix A) concerning the flooding of commercial premises on Chippenham High Street to which Cllrs Keith Humphries and Toby Sturgis replied. It was suggested that details of Cllr Bill Douglas’ concerns be pursued through Chippenham Area Board.


It was agreed to provide Cllr Soden with a written response to her question on whether towns and parishes were required to prepare emergency plans and if so, would they receive any help/guidance.




1.    That the reports be noted.


2.    That the Major Incident Plan and Recovery Plan be adopted.


Electoral Arrangements 2013

Report of the Monitoring Officer.

Supporting documents:


Cllr John Noeken, Cabinet member for Resources presented a report which updated members with the results of consultation relating to a number of anomalies within the electoral arrangements for 2013.  The report also  recommended the making of an Order to correct the anomalies  and to make changes at Warminster and Royal Wootton Bassett.


Members were reminded that details of the anomalies were presented to Council on 10 July 2012 when it was resolved to undertake further consultation as the first part of making an order under the Local Government and Public Involvement in Health Act 2007. The responses to the consultation were set out in the report.  





1.         That, subject to there being no objections from the Local Government Boundary Committee for England, the provisions of the Statutory Instrument 2009 No. 531 The County of Wiltshire (Electoral Changes) Order 2009 be amended as follows:


a)                The Calne Town Council to consist of 19 councillors, representing four wards: Calne Chilvester & Abberd (4 members) Calne North (5 members), Calne Central (5 members) and Calne South (5 members), with no alteration to the areas shown on the 2009 Order maps.

b)            The Corsham Town Council to consist of 20 councillors  representing five wards: Corsham Town (7 members), Corsham Pickwick (7 members), Corsham Gastard (2 members), Corsham Neston (3 members) and Corsham Rudloe (1 members) with no alteration to the areas shown on the 2009 Order maps.

c)        Warminster Town Council should comprise 13 councillors, representing four wards: Warminster Broadway (4 members), Warminster East (4 members), Warminster West (4 members) and Warminster Copheap & Wylye (1 member) with no alteration to the areas shown on the 2009 Order maps.

d)          The names of the Unitary Divisions of Wootton Bassett North, Wootton Bassett South and Wootton Bassett East and the town wards of Wootton Bassett North, Wootton Bassett South and Wootton Bassett East be amended by the inclusion of the prefix “Royal” in their titles with no alteration to the areas shown on the 2009 Order maps.

2.           The effective date for the commencement of the Order be set to provide for the effective conduct of the 2013 parish and town council elections in May 2013.

3.    Power be delegated to the Head of Legal Services to complete the Order in accordance with the contents of this report.



Council Tax Support Scheme

Report previously considered by Cabinet on 6 November 2012 is attached.  Cabinet’s recommendation will be circulated prior to Council.


Supporting documents:


Councillor John Thomson, Cabinet member for Adult Care, Communities and Housing presented a report previously considered by Cabinet on 6 November which provided options in response to the Government’s Welfare Reform changes that would see a significant reduction in the Council’s funding of Council Tax Benefit.


It was proposed therefore to bring in a local, means tested, method of calculating a reduction in council tax; as well as a number of technical changes to council tax discounts and exemptions to go in part to meet that imposed funding gap. A consultation had taken place and it was reported that there had been no significant changes to the results.

The council tax support scheme would only be applied to non-pensioners, on a low or fixed income and be introduced by next April.  Legislation required that this be a decision of full council and that decision then enables a series of defined steps the Council must take to introduce a robust and lawful scheme approved by DCLG by 31st January in order to set its 2013/14 Council Tax and budget requirement thereafter.

The report also identified ways in which the Council proposed to help those most affected through further discretionary support schemes in order to meet its objective of protecting the most vulnerable and strengthening and building resilient communities.

The Leader paid tribute to the work carried out by Cllr Thomson, Michael Hudson and his team in responding to this challenge. She also considered that the proposals put forward as recommended by Cabinet was the fairest way of introducing such a scheme.

Cllr Jon Hubbard also thanked Michael Hudson and his team for their work. However, he pointed out that the Liberal Democrat group had responded to the consultation, details of which had not been incorporated into the report presented. Cllr Thomson acknowledged receipt of the Liberal Democrat proposals and assured him they would be included as part of the consultation responses.




1.    That a local council tax support scheme is introduced, as set out at paragraphs 16 to 18 of the report presented. In particular that capital savings of £10,000 be approved as the level up to which to account for before applying the scheme.


2.    That Technical changes are made to the way in which council tax discounts for second homes and exemptions for properties in classes A, C and L are applied from 1April 2013, as set out at Appendix 2 of the report, and paragraph 20.


3.    That Council introduce a discretionary fund to be administered in conjunction with the discretionary housing payments (DHP) and ring fence the Social Fund grant allocation to mitigate the impact of transition from the old scheme to the new, in cases where householders may feel the impact of other changes to benefit entitlement, under-occupancy costs, for example. Criteria for awards under this scheme to be approved by Cabinet and Council by January / February 2013 and implemented from 1st April 2013.


4.    That the Council expresses its concerns  ...  view the full minutes text for item 83.


Membership of Committees

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



At the request of the respective Group Leaders, the following changes to membership were sought:


Southern Area Planning Committee

Cllr Paul Sample off – Cllr Graham Wright on


Children’s Select Committee

Cllr Peggy Dow off – Cllr David Jenkins on

Cllr Peggy Dow added as a substitute


Licensing Committee

Cllr Peggy Dow added as a substitute


Eastern Area Planning Committee

Cllr Peggy Dow off – Cllr Trevor Carbin on

Cllr Chris Humphries off – Cllr Jerry Kunkler on

Substitutes: Cllr Jerry Kunkler off – Cllr Stuart Wheeler on

                    Cllr Francis Morland off – Cllr Peggy Dow on



Strategic Planning Committee

Cllr Chris Humphries off – Cllr Peter Colmer on

Substitute: Cllr Peter Colmer off – Cllr Alan Macrae on


Environment Select Committee

Cllr Chris Humphries off – Cllr Charles Howard on

Substitute: Cllr Howard off – Cllr Peter Davis on




That the above changes be approved.




Notices of Motion

None received.



There were no Notices of Motion received.


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 4 November 2012.  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:


The Chairman reported receipt of questions from Councillors Ernie Clark, Nicholas Fogg, Stephen Oldrieve and Chris Caswill details of which were circulated and attached as Appendix B 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. Supplementary questions are summarised as follows and should be read in conjunction with the questions and responses:


Cllr Steve Oldrieve – Question on the changes to policy at the Wiltshire Probation Service – asked if the Leader as a local Division member for Chippenham agreed with the submitted question. The Leader explained that policy change referred to was the responsibility of the Wiltshire Probation Service but that she would obtain further information on this issue.


Cllr Ernie Clark – Question on recovery of non pensionable honorarium payments – sought details of the legal team’s recommendations on this issue. The Leader explained that the Corporate Leadership Team would in due course and in consultation with her, consider recommendations. Given that details could not be discussed in open session, the Leader suggested that Cllr Clark should discuss the matter with the Monitoring Officer.


Cllr Ernie Clark – Question on the KPMG Executive Summary on the non pensionable honorarium payments – asked that given the advice received, what was being done to recover the increased redundancy payment. The Leader referred to her response to the supplementary question above.


Cllr Ernie Clark – Question on the KPMG Executive Summary on the non pensionable honorarium payments – asked how many other redactions had been made to the full report. The Leader suggested that Cllr Clark may also wish to discuss this with the Monitoring Officer and explained that the Council had a duty to follow the advice of the Information Commissioner on what information could be released into the public domain.


Cllr Chris Caswill – Wiltshire Core Strategy and wind farms – asked what had happened between the Cabinet meeting on 19 June and Council meeting on 26 June 2012 which resulted in a different conclusion and the inclusion of an amendment in respect of wind farms by the Council. The Leader explained that it was a different debate at the Council meeting where all members present had the opportunity to be involved and not just the Cabinet. She considered that this represented good governance as it demonstrated that Council considered all the issues involved and did not simply endorse the Cabinet proposals.


Cllr Chris Caswill – Privatisation of the care service – Concern over privatisation of care services by the Health and Wellbeing Board.  The Leader assured Cllr Caswill that the Council would examine the outcomes and challenge if there were any concerns. She advised that Healthwatch would also be represented on the Health and Wellbeing Board which would also play a part in keeping a close eye on the situation.


Cllr Chris Caswill – Winterbourne View – asked whether Cllr John Thomson  ...  view the full minutes text for item 86.


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 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.


Supporting documents:


The Chairman moved that Council receive and note the following minutes as listed in the separate Minutes Book and the additional minutes circulated separately in the Agenda Supplement and this was duly seconded by the Vice- Chairman.





24 July, 10 September, 23 October and  6 November 2012

Cabinet Capital Assets Committee

24 July, 10 September and 6 November 2012

Overview and Scrutiny Management Committee

17 July, 6 September and 18 October 2012

Children’s Select Committee27 September

26 July and 27 September 2012

Environment Select Committee

30 August and 1 November 2012

Health Scrutiny Committee

12 July 2012

Northern Area Planning Committee

18 July, 8 August, 29 August, 19 September, 10 October and 31 October 2012

Eastern Area Planning Committee

19 July, 9 August, 11 October and 1 November 2012

Southern Area Planning Committee

12 July, 23 August, 4 October and 25 October 2012

Western Area Planning Committee

11 July, 1 August, 22 August, 3 October and 24 October 2012

Strategic Planning Committee

12 September 2012

Licensing Committee

14 September 2012

Standards Committee

30 July and 24 October 2012

Audit Committee

7 September and 19 September 2012

Staffing Policy Committee

4 July and 5 September 2012

Wiltshire Pension Fund Committee

25 July and 14 September 2012



The Chairman then invited questions from councillors on points of information or clarification on the above minutes and gave the Chairmen of those meetings the opportunity to make any important announcements on the work of their respective Committees.


Cllr John Noeken, Cabinet member for Resources gave an update on the Parliamentary Boundary Review, details of which were presented.


Cabinet  6 November 2012 – Minute no. 126 – Controlled Waste Regulations 2012 and Proposed Changes to the Council’s Charging Policies


Cllr Soden explained that whilst the above minute made reference to Village Hall Committees it did not specifically refer to Village Halls as had been requested. The Leader agreed with this and gave an assurance that the minute would be altered for the next Cabinet meeting.


Northern Area Planning Committee


Cllr Tony Trotman, Chairman of the Northern Area Planning Committee advised that the meeting scheduled for 21 November 2012 had been cancelled.


Standards Committee 24 October – Minute no. 19 – Implementation of New Standards Framework – Update


The Chairman drew Council’s attention to the minutes of the Standards Committee dated 24 October 2012 which had been previously circulated in the Agenda Supplement and treated as an addition to the Minutes Book for consideration under this item.


These minutes contained a recommendation to the Council which Cllr Julian Johnson, Chairman of the Standards Committee presented. The Standards Committee had at Council’s request, considered whether it was appropriate to require any additional pecuniary and non-pecuniary interests to be declared and registered under the Council’s Code of Conduct in accordance with the discretion it had under Section 28(3) of the Localism Act 2011. It had also considered whether Councillors with disclosable pecuniary interests should be required to withdraw from meetings.


The Standards Committee recommended Council  ...  view the full minutes text for item 87.


Wiltshire Police Authority

To receive and note:

Supporting documents:


The report and minutes of the Wiltshire Police Authority meetings held on 20 July 2012 and 20 September 2012, along with a report from Cllr Carole Soden, Vice-Chairman of the Police Authority were received and noted. No questions from Councillors had been received on these documents.


Cllr Soden reported that the Police Authority had met for the last time on 1 November 2012 and would be replaced by the new Police and Crime Commissioner arrangements on 22 November 2012. It was noted that the election for a Police and Crime Commissioner would be held on 15 November 2012.


Council thanked Cllr Soden for all her hard work in representing the Council on the Wiltshire Police Authority, particularly as its Vice-Chairman and for her regular update reports to the Council.



Wiltshire and Swindon Fire Authority

To receive and note the minutes of the Wiltshire and Swindon Fire Authority meeting held on 27 September 2012.

Supporting documents:


The minutes of the Wiltshire and Swindon Fire Authority meeting held on 27

September 2012 were received and noted. No questions had been received from Councillors.


Appendix A - Question from Cllr Bill Douglas re flooding on Chippneham High Street (minute 81 refers)

Supporting documents:

Appendix B - Questions from Councillors and responses given (minute 86 refers)

Supporting documents:

Appendix C - Question from Cllr Newbury on Standards Committee minute 23 (24/10/12)

Supporting documents: