Agenda and minutes

Council - Tuesday 16 May 2017 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

101.

Election of Chairman 2017/18

Nominations will be sought orally from those present at the meeting. Voting will be by way of a show of hands unless at least 10 Members request the holding of a secret ballot.

 

Minutes:

The Chairman, Councillor Richard Britton, welcomed all those present to the meeting and gave an address, as outgoing Chairman of Council, thanking the officer, councillors and his wife for supporting him in the role.

 

The Chairman also took the opportunity to make the following announcements:

 

Outgoing Councillors – Acknowledgement Of Service

 

It was noted that at the last council meeting, the meeting acknowledged those councillors who had let it be known they would not be standing for re-election, and that it had now been confirmed that the following members did not seek re-election:

 

Chris Auckland, Rosemary Brown, Chris Caswill, Jamie Capp, Charles Howard, Keith Humphries, Julian Johnson, Simon Killane, Jemima Milton, Bill Moss, Helen Osborn, Mark Packard, Linda Packard, Nina Phillips and Dick Tonge;

 

And the following members were not returned:

 

Desna Allen, Glenis Ansell, Nick Blakemore, Terry Chivers, Dennis Drewett, Peter Edge, John Knight, Magnus Macdonald, Alan Macrae, Howard Marshall, David Pollitt, Sheila Parker, Ian Tomes and Ian West.

 

The Chairman paid tribute to their hard work and the contribution they made to wiltshire and the communities they represented.

 

The Chairman also took the Opportunity Of Welcoming The 29 New Councillors On The Council. Councillors:

 

Philip Alford, Ben Anderson, Ian Blair-Pilling, Derek Brown, Clare Cape, Pauline Church, Jane Davies, Matthew Dean, Peter Fuller, Sarah Gibson, Gavin Grant, David Halik, Deborah Halik, Ross Henning, Darren Henry, Sven Hocking, Ruth Hopkinsin, Tony Jackson, Johnny Kidney, Edward Kirk, Jim Lynch, Brian Mathew, Nick Murry, Ashley O’neill, Stewart Palmen, Andy Phillips, Tom Rounds, Hayley Spencer and Robert Yuill.

 

Engagements

 

The Chairman drew the meeting’s attention to engagements undertaken, including:

 

              The Showmen’s Guild of Great Britain Western Section’s Annual Luncheon, Swindon

 

              Nadder Centre Campus Opening, Tisbury.

 

              Young Voice of Trowbridge Competition, John of Gaunt School.

 

              B.E.M. Medal Presentation Ceremony, Bowood House.

 

              Visit Of H.R.H. The Prince of Wales to Wadworth Brewery, Devizes.

 

              High Sheriff’s Reception, The Members’ Room, County Hall.

 

              Amesbury Mayor’s Civic Service, St. Mary & St. Melor Church,       Amesbury.

 

              Service For The Rule Of Law, Salisbury Cathedral.

 

              Mayor of Warminster’s Civic Service, St. Denys (Minster) Church, Warminster.

 

              Salisbury City Council Mayor Making Ceremony.

 

              Salisbury City Council Annual Mayoral Civic Service And Luncheon.

 

Death Of Retired Councillors

 

The Chairman drew the meeting’s attention to following deaths of retired Councillors:

 

Mr. Charles Winchcombe, who represented Devizes as a county councillor and was a former mayor of Devizes, died on 26th March, 2017. Mr. Winchcombe served 30 years as a town councillor and was also a member of Kennet District Council.

 

Col. Michael Mounde, M.B.E. (Re), who Died On 2nd  March, 2017, was a West Wiltshire District Councillor for 10 Years. He Was also chairman of the Heart Of Wessex (Formerly Sowing Seeds) local action group which covers south Wiltshire And South Somerset, and of the Warminster and  Villages Development Trust.

 

The Chairman then sought nominations for the position of Chairman  ...  view the full minutes text for item 101.

102.

Election of Vice-Chairman 2017/18

Nominations will be sought orally from those present at the meeting. Voting will be by way of a show of hands unless at least 10 Members request the holding of a secret ballot.

 

Minutes:

The Chairman called for nominations for the position of Vice-Chairman of Council for 2017/18.

 

Councillor James Sheppard was proposed by Councillor Chris Williams and seconded by Councillor Alan Hill. There being no other nominations, it was

 

Resolved:

 

That Councillor James Sheppard be elected Vice-Chairman of Wiltshire Council for the municipal year 2017/18.

 

The Vice-Chairman subsequently read out and signed the declaration of acceptance of office of Vice-Chairman of the Council witnessed by the Monitoring Officer.

103.

Apologies

Minutes:

Apologies for absence were received from Councillors Trevor Carbin.

104.

Declarations of Interest

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

 

Minutes:

The Chairman asked if there were any declarations of interest to be made, drawing the meeting’s attention to the previously circulated advice of the Monitoring Officer in relation to consideration of item 13 - Adoption Chippenham Site Allocations Plan.

 

Councillor Johnny Kidney stated that as he had a pecuniary interest in it, he would leave the chamber for the consideration of item 13 – Adoption Chippenham Site Allocations Plan

105.

Minutes of Previous Meeting

To approve as a correct record and sign the minutes of the last meeting of Council held on 21 February 2017.

 

Supporting documents:

Minutes:

The minutes of the Meeting held on 23 February 2016 were presented.

 

Resolved:

 

That the minutes of the last Council meeting held on 23 February 2016be approved as a correct record and signed by the Chairman.

106.

Election Results

To receive and note the Returning Officer’s return in respect of this Council’s elections held on 4 May 2017 (to follow).

Supporting documents:

Minutes:

A report was presented which gave Council the detailed results of the Unitary Council Elections on the 4th May 2017.

 

The Chairman commended the work of the Elections team, who were now preparing for the General Election, and asked that if members had any further questions they directed them to the relevant officers.

 

Resolved

 

To note the results of the Unitary Council Elections on the 4th May 2017.

 

107.

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.

 

108.

Public Participation

The Council welcomes contributions from members of the public.

 

Statements

If you would like to make a statement at this meeting on any item on this agenda, please register to do so at least 10 minutes prior to the meeting. Up to 3 speakers are permitted to speak for up to 3 minutes each on any agenda item. Please contact the officer named above for any further clarification.

 

Questions

 

To receive any questions from members of the public received in accordance with the constitution. Those wishing to ask questions are required to give notice of any such questions in writing to the officer named above (acting on behalf of the Corporate Director) no later than 5pm on 9 May in order to be guaranteed a written response. Questions received after this deadline and no later than 5pm 11 May 2017 before the meeting will receive a verbal response. 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 attention to the statement from Mr Brian Warkwick, circulated with the agenda supplement, and gave him the opportunity to address the meeting. Mr Warwick took the opportunity to introduce himself to the new Councillors and to outline his role as Older People’s Champion.

109.

Petitions Received

No petitions have been submitted for presentation to this meeting. 

Minutes:

The Chairman reported that no petitions had been received for presentation at the meeting.

110.

Petitions Update

Report of the Democratic Governance Manager.

 

Supporting documents:

Minutes:

The Chairman reported that, as of the 2nd May 2017, fours petitions had been received since the last meeting.

 

Having been duly proposed and seconded, and upon being put to the vote, it was,

 

Resolved

 

To note the petitions received and the action taken, as set out in the appendix to this report.

111.

Appointment of Leader

In accordance with the adopted executive arrangements, to elect a Leader of the Council for the period 2017-2021.

 

Nominations will be sought orally from those present at the meeting. Voting will be by way of a show of hands unless at least 10 Members request the holding of a secret ballot.

 

The Leader will then advise Council of the membership of his/her Cabinet.

 

Minutes:

The Chairman invited nominations for the position of Leader of Wiltshire Council for 2017-2021.

 

Councillor Mollie Groom, subsequently seconded by Councillor Mary Douglas, that Baroness Scott of Bybrook OBE be elected Leader.

 

There being no further nominations, it was;

 

Resolved

 

That Baroness Scott of Bybrook OBE be elected Leader of Wiltshire Council for 2017-2021.

 

Baroness Scott of Bybrook OBE then took the opportunity to thank all the candidates and parties who participated in the election and thanked officers for their work during that period. The Leader then announced the composition of her Cabinet as follows:

 

·        Cllr John Thomson - Deputy Leader, and Cabinet Member for Communications, Communities, Leisure and Libraries

·        Cllr Chuck Berry - Cabinet Member for Economic Development and Housing

·        Cllr Richard Clewer - Cabinet Member for Corporate Services, Heritage, Arts and Tourism

·        Cllr Laura Mayes - Cabinet Member for Children, Education and Skills

·        Cllr Toby Sturgis - Cabinet Member for Planning and Strategic Asset Management

·        Cllr Bridget Wayman - Cabinet Member for Highways, Transport and Waste

·        Cllr Philip Whitehead - Cabinet Member for Finance, Procurement, IT and Operational Assets

·        Cllr Jerry Wickham - Cabinet Member for Adult Social Care, Public Health and Public Protection

 

The Leader stated that further details about the Portfolio Holders would be announced at a later date.

112.

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

Reports (to follow) by the Associate Director, Corporate Office, Function and Procurement

112a)

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

Supporting documents:

112b)

Appointment of Councillors to Committees

Supporting documents:

112c)

Appointment of Chairmen and Vice-Chairmen - Committees

Supporting documents:

113.

Appointments to the Dorset and Wiltshire Fire and Rescue Authority

Report (to follow) by the Associate Director, Corporate Office, Function and Procurement

 

Supporting documents:

Minutes:

The Chairman stated that she would take items 11 and 12 together and invited the Leader to propose a motion, drawing attention to the recommendations included in Agenda Supplement two.

 

Leader in proposing the motion stated that, in an amendment to the motion in the paper, that Councillor Mollie Groom become a full member of the Northern Area Planning Committee with Councllor Jacqui Lay as a substitute member.

 

Councillor Ernie Clark stated that the following substitute members should be added: Southern Area Planning Committee – Councillors George Jeans and Graham Wright;

Eastern Area Planning Committee – Councillors George Jeans and Graham Wright;  Western Area Planning Committee – Councillors George Jeans and Graham Wright; Licensing Committee – Councillor Graham Wright; Children’s Select Committee – Councillors Ernie Clark, Nick Fogg and Russell Hawker; Environment Select Committee Councillors Ernie Clark, George Jeans and Russell Hawker; Health Select Committee Councillors Ernie Clark, George Jeans and Russell Hawker; and Standards Committee – Councillors Nick Fogg and George Jeans.

 

Having been put to the vote, the meeting;

 

Resolved

 

(a)          Tonote this report and the legal requirements.

 

(b)          Tore-appointthe followingcommittees with the termsofreferenceas set outin the Constitution:-

 

·      AppealsCommittee

·      Area Planning Committees: Eastern, Northern, Southern andWestern

·      Audit Committee

·      Children’s Select Committee

·      EnvironmentSelect Committee

·      Health Select CommitteeH

·      ealthand WellbeingBoard

·      Licensing Committee

·      OfficerAppointments

·      Overviewand ScrutinyManagementCommittee

·      PensionFund Committee

·      Policeand Crime Panel

·      Staffing PolicyCommittee

·      StandardsCommittee

·      StrategicPlanning Committee

 

(c)Tore-appointthose Area Boards,constitutedas area committeesas set out in paragraphs13 to 15 and Appendix 1of the report presented and within theConstitution,to comprise the UnitaryCouncillorsfor thatarea.To re-appointthe Local Pension Boardestablishedunder the Public ServicePensions Act2013and consequent amendments to the LocalGovernmentPension Scheme Regulations2013with theterms of referenceas set out in the Constitution.

 

 

 

 

 

 

 

 

 

 

 

(d)         Toapprove ascheme of committee places which sets out thenumberofseatsavailable to membersofthe Council and to political groups as follows:

 

Committee

Total Number ofPlaces forElectedMembers

ConservativeGroupAllocation

 

 

(68seats)

LiberalDemocratGroupAllocation

 

(20seats)

LabourGroupAllocation

 

 

(3seats)

IndependentGroupAllocation

 

 

(7seats)

Strategic Planning

11

8

2

0

1

AreaPlanningCommittees;

North

11

8

3

0

0

South

11

7

1

1

2

East

8

7

0

0

1

West

11

7

3

0

1

Licensing

12

8

3

0

1

OverviewandScrutinyManagement

15

10

3

1

1

Children’sSelect

 

13

 

9

 

3

 

0

 

1

EnvironmentSelect

13

8

3

1

1

HealthSelect

13

9

3

0

1

Standards

11

8

2

0

1

PoliceandCrimePanel

7

5

2

0

0

Audit

11

8

2

1

0

Appeals

8

5

2

0

1

StaffingPolicy

9

6

2

1

0

OfficerAppointments

5

4

1

0

0

PensionFund

5

4

1

0

0

TOTALS:

174

121

(120.735)

36

(35.510)  ...  view the full minutes text for item 113.

114.

Adoption Chippenham Site Allocations Plan

To consider Cabinet’s recommendation dated 14 March 2017 regarding the adoption of the Chippenham Site Allocations Plan.

 

Report by Dr Carlton Brand, Corporate Director

Supporting documents:

Minutes:

The Chairman invited the Cabinet Member for Planning, Councillor Toby Sturgis, to present the item, which asked Council to consider the recommendations of Cabinet at its meeting on 14 March 2017 concerning the adoption of the Chippenham Site

Allocations Plan.

 

In moving the motion, duly seconded by the Leader, Councillor Sturgis thanked officers for their hard work in producing the plan, and outlined the benefits of adopting the plan and the risks of seeking to refuse or amend the plan now that it had been amended following its consideration by the Planning Inspector.

 

Whilst he expressed a wish to support the plan. Councillor Ian Thorn and Councillor Ernie Clark both expressed some concern as to whether lessons had been learnt about the delays in adopting the plan.

 

Councillors Clare Cape and Councillor Ross Henning expressed concerns that infrastructure requirements of the town would not be adequately addressed.

 

Councillor Jon Hubbard stated that he could not support the plan as it did not adequately address the transport issues.

 

Councillor Christine Crisp stated that whilst she knew that the plan would not meet approval across the community, it had addressed some of them.

 

Councillor Peter Hutton spoke in support of the plan as, even though he recognised some of the concerns of residents, it was an opportunity to lead development in the town.

 

Councillor Nick Murry expressed major reservations about the plan, including the impact of additional traffic on residents and the need for infrastructure issues to be addressed.

 

In response to a question from Councillor Nick Murry, the Monitoring Officer stated that he had advised that Chairman that the proposed amendment would have had a material effect on the plan, in effect negating its adoption, and thus was recommended to be refused permission to be tabled as an amendment.

 

In closing, Councillor Toby Sturgis stated that infrastructure requirements of the community could only be delivered through new housing development.

 

Having been put to a recorded vote, the meeting;

 

Resolved

 

(i)     To note the content of the Inspector’s Report into the examination of the Chippenham Site Allocations Plan (Appendix 1) and his conclusions regarding legal compliance and soundness and accepts the modifications in the Appendix of the Inspector’s Report, which the Inspector considers are necessary to make the plan sound in accordance with legislation

 

(ii)    To adopt the Chippenham Site Allocations Plan, as amended as set out in Appendix 2, including the Additional Modifications set out in Appendix 3.

 

(iii)  To delegate authority to the Associate Director for Economic Development and Planning in consultation with the Associate Director for Legal and Governance and the relevant Cabinet Member to amend the Policies Map as set out in Appendix 5 and for further minor textual changes to be made to the Chippenham Site Allocations Plan prior to publication in the interests of accuracy and consistency.

 

(iv)  That, subject to Council approval of (ii) above, to delegate authority to the Associate Director for Economic, Development and Planning in consultation with the  ...  view the full minutes text for item 114.

115.

Notices of Motion

No motions have been submitted for this Council meeting.

 

Minutes:

The Chairman noted that no notices of motion submitted to the meeting.

116.

Proposed changes to the Constitution - Parts 11A & 11B

To consider proposed minor changes to Parts 11A & 11B of the Council’s Constitution which relate to the terms of reference of the Corporate Parenting Panel and the Safeguarding Children and Young People Panel.

 

Report by Carolyn Godfrey, Corporate Director

Supporting documents:

Minutes:

The Chairman introduced the report which asked Council to consider the proposed amendments to Part 11A of the Constitution, Corporate Parenting Strategy and Part 11B of the Constitution, Role and Function of the Safeguarding Children and Young People Panel.

 

There being no questions, and having been duly proposed and seconded, the meeting;

 

Resolved

 

1)    To approve the proposed changes to Part 11A of the Constitution as detailed in Appendix 1; and to delegate any future changes to introductory sections to the Monitoring Officer in consultation with the Lead Member for Children’s Services.

 

2)    To approve the proposed changes to Part 11B of the Constitution  as detailed in Appendix 2.

117.

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 minute 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 Dorset and Wiltshire Fire Authority – please submit any questions to committee@wiltshire.gov.uk by 5pm 8 May 2017

 

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 and this was duly seconded by the Vice-Chairman:

 

Cabinet:         14 March, 4 April 2017

Cabinet Capital Assets Committee:           14 March 2017

Overview and Scrutiny Management Committee:             28 March 2017

Children’s Select Committee:         31 January 2017

Children’s Select Committee:         14 March 2017

Environment Select Committee:     22 February 2017

Health Select Committee:                10 January, 7 March 2017

Strategic Planning Committee:       8 February 2017, 26 April 2017

Northern Area Planning Committee:           15 February, 8 March  2017

Eastern Area Planning Committee:            16 February, 20 April 2017

Southern Area Planning Committee:          23 February, 16 March, 6 April 2017

Western Area Planning Committee:           15 March, 5 April 2017

Licensing Committee:                                  13 March 2017

Audit Committee:      24 January 2017

Joint Strategic Economic Committee (SWLEP): 14 February, 13 April 2017

Local Pension Board:           25 January 2017

Pension Fund Committee: 23 March 2017

Police and Crime Panel:      2 February, 2 March 2017

Standards Committee:         16 September, 27 April 2016

Staffing Policy Committee:  1 March 2017

 

The Chairman then invited questions from members 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.

 

The Leader confirmed that all key decisions taken by Cabinet had been taken in accordance with the 28 day notice period and that no special urgent decisions had been taken in the same period.

 

Resolved:

 

That the above mentioned minutes be received and noted.

118.

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 9 May 2017. 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 Ernie Clark and Brian Dalton details of which were circulated in Agenda Supplement No. 1.

 

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

 

1.     Councillor Ernie Clark to Councillor Toby Sturgis (Ref 17-44)

 

In a verbal response given, Councillor Toby Sturgis stated that the term ‘abeyance’ suggested that consideration of an application had been suspended. This term was not formally recognised as a planning term and, as such, there are no records are kept to fully answer the question.

 

2.     Councillor Brian Dalton to Councillor Toby Sturgis (Ref 17-45)

 

In a verbal response given, Councillor Toby Sturgis stated that Chairs of the Planning Committees were consulted on the time change, and that he felt the benefits of having afternoon meetings outweighed those for having meetings in the evening.

Appendices

Appendix 1 – membership of Area Boards

Appendix 2 – membership of Committees

Appendix 3 -  Councillors’ questions

Supporting documents: