Agenda and minutes

At the beginning of the meeting the Leader of the Council, Baroness Scott of Bybrook OBE, provided an update to councillors on the developing situations regarding the incidents in Amesbury and Salisbury, in particular on behalf of the Council offering condolences to the family and friends of Dawn Sturgess.

Apologies for absence were received from Councillors Phil Alford, Brian Dalton, Bill Douglas, Bob Jones MBE, Nick Murry, Stewart Palmen, Christopher Newbury and Melody Thompson.

Councillor Johnny Kidney also gave apologies that he would have to leave the meeting at 1230.

To approve as a correct record and sign the minutes of the last meeting of Council held on 22 May 2018.

The minutes of the Meeting held on 22 May 2018 were presented.

Resolved:

That the minutes of the last Council meeting held on 22 May 2018 be approved as a correct record and signed by the Chairman.

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

Councillor Johnny Kidney declared a pecuniary interest in item 7 - Wiltshire Housing Site Allocations - and stated that he would leave the chamber for that item.

1)    The Chairman drew attention the engagements attend by herself and the vice-chairman since the last meeting of council as follows:

Events Attended by the Chairman

23 May 2018                         Chippenham Town Council Mayor’s Investiture, Town Hall, High Street, Chippenham

29 May 2018                         Malmesbury Town Council Robing Ceremony, Town Hall, Malmesbury 

31 May 2018                         Grand Final of Elite Cycling, OVO Energy Tour Series cycle event, Market Square, Salisbury

10 June 2018                        Salisbury Cathedral Evensong to commemorate the centenary of the end of the First World War, RBL (Royal British Legion) and SSAFA (Soldiers, Sailors, Airmen and Families Association), Salisbury  

12 June 2018                        Afternoon tea, by invitation of Baroness Ruby McGregor-Smith CBE, on behalf of Employers Network for Equality and Inclusion, Cholmondeley Room, House of Lords

17 June 2018                        Malmesbury Choral Evensong, Malmesbury Abbey

21 June 2018                        Attendance at start of Bustard cycle ride in support of Wiltshire Mind, County Hall

22 June 2018                        Attendance at visit by TRH The Prince of Wales and The Duchess of Cornwall to the Maltings and the Guildhall, Salisbury, supporting the city and people of Salisbury in its recovery following the incident in March

5 July 2018                            High Sheriff’s and Wiltshire Community Foundation Summer Reception, STEAM Museum, Swindon

Events Attended by the Vice-Chairman

24 June 2018                        Marlborough Town Council Civic Service, St Mary’s Church, Marlborough

30 June 2018                        Wiltshire Armed Forces and Veterans’ Celebrations, Trowbridge Park           

1 July 2018                            Fovant Badges Drumhead Service, East Farm, Fovant  

2)    The Chairman led congratulations for Kartar Singh, Senior Corporate Support Officer, who had won the Local Government Challenge which had taken place at the Local Government Association Conference on 4 July 2018 with his proposal to use unwanted, recyclable plastic as a substance that can be mixed with aggregate and used in the binder and base courses of the bituminous layers when filling potholes to produce significant savings. A prize of £10,000 had been awarded for Wiltshire Council to further research the proposal.

3)    The Chairman also joined the Cabinet Member for Highways, Transport and Waste, Councillor Bridget Wayman, in thanking the 129 refuse staff who would be transferring to the new contractor, for their excellent service in all weather conditions.

No petitions have been received for this meeting.

It was reported that no petitions had been received for presentation at the meeting.

Report of the Head of Democratic Services.

An update report was provided detailing that one petition had been received since the last meeting of the Council, with details of the responding action set out in the report. Following a motion from Councillor Allison Bucknell, seconded by Councillor James Sheppard, it was,

Resolved:

That Council notes this update on petitions as set out in the Appendix to the report.

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 Wednesday 4 July 2018. 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.

A statement was received from Mr Brian Warwick, Older Person’s Champion, who was stepping down from the role following his 87^th birthday and thirty years involvement with the council. He thanked the council for the support he had received and the respect and fairness with which he had been treated. He urged councillors to look to the future and hoped that the council could become an officer age friendly community in time, recognising the positive achievements the council had made for older people, and its strong, compassionate ethos.

On behalf of the Council the Leader of the Council, Baroness Scott of Bybrook OBE, thanked Mr Warwick for his dedicated work with the council and for its residents over many decades in a variety of roles, and his constructive challenge on many issues.

The Chairman of the Children’s Select Committee, Councillor Jon Hubbard, added his particular thanks to Mr Warwick for his service, including his involvement with Melksham Area Board which he hoped would continue in some form.

Report by Alistair Cunningham, Corporate Director

The meeting will be asked to consider the recommendation from the meeting of Cabinet to be held on the 3 July 2018.

The report and supporting documentation can be found here, and have not been republished on this agenda:

https://cms.wiltshire.gov.uk/ieListDocuments.aspx?CId=141&MId=11668&Ver=4

The final recommendation of Cabinet will circulated by supplement ahead of the meeting of Counci.

At the invitation of the Chairman, Councillor Toby Sturgis presented the report provided an update to Cabinet on the outcome of the formal consultation on the ‘Wiltshire Housing Site Allocations Plan - Pre-submission draft plan (June 2017); and recommended that the Plan, together with a schedule of Proposed Changes, should be approved for the purposes of submission to the Secretary of State and commencement of the independent Examination process; and sought delegated authority to make appropriate arrangements for submitting the prescribed documents and supporting materials to the Secretary of State; and respond to any consequential actions as directed by the Inspector relating to the Examination.

In moving his recommendation, subsequently seconded by Councillor Darren Henry, Councillor Sturgis referred to agenda supplement one which contained the extract of the minutes from the Cabinet meeting on 3 July 2018, and the supplementary paper which detailed the revised schedule of proposed changes.

Public Participation

At the invitation of the Chairman, Mr Lance Allan of Trowbridge Town Council addressed the meeting the questions and answers published in the supplement as was afforded the opportunity to ask supplementary questions.

·         Can the amount of windfall allowance for Trowbidge be clarified?

·         Can the Council make it clear that Biss Farm is not park of Ashton Park

·         In relation to the number of houses allocated to each HMA, what degree of flexibility is acceptable that hasn’t been applied so far?

·         Can the Council clarify what the proposals are for the rural buffer in North Bradley?

·         In relation to the maintenance of open countryside, what is the acceptable level?

Councillor Sturgis indicated that a written response would be given to each supplementary question.

The meeting heard statements from Lance Allan of Trowbridge Town Council, Andrew Rushton and Dennis Kidd.

Debate

Group Leaders then commented on the proposal as follows:

Baroness Scott of Bybrook OBE expressed her support for the proposals and that many community concerns had been addressed.

Councillor Ian Thorn expressed support in principle, including praise for the efforts of Councillor Sturgis and Councillor Henry for meeting with the community to consider their concerns. Furthermore, he emphasised the importance of design and infrastructure in supporting sustainable development.

Councillor Ernie Clark stated that he supported the plan in principle but that he remained concerned over specific element which he would plan to bring up with the Inspector.

Councillor Ricky Rogers stated that he broadly supported the plan but that he would listen to the debate with an open mind.

The Chairman then invited comments in debate.

Councillor Peter Fuller spoke in support of the views submitted by Trowbridge Town Council and expressed concern that the rural buffer between the town and the villages be protected; and emphasised the importance of balance between employment and housing land.

Councillor Josie Green emphasised the concern of her community and the need for sufficient infrastructure to support development.

Councillor Graham Wright thanked Councillor Henry for listening to and responding to their concerns.

Councillor Graham Payne stated that he could not support the plans  ...  view the full minutes text for item 50.

Report by Dr Carlton Brand, Corporate Director

The original submission to the commission is included for reference, and the final submission will be circulated as a supplement.

A report was presented by the Chairman of the Electoral Review Committee and Cabinet Member for Corporate Services, Housing, Heritage, Arts and Tourism, Councillor Richard Clewer, setting out a proposed supplementary submission to the Local Government Boundary Commission for England (LGBCE).

This had been requested by the LGBCE following the meeting of Council on 20 February 2018, where Council had approved a submission arguing a council size of 99 was the most appropriate moving forward. Councillor Clewer detailed the specific additional questions that had been raised in response to the Council’s initial submission, as well as other communication with the LGBCE.  Following additional meetings, the Electoral Review Committee had concluded that the evidence continued to demonstrate that a council size of 99 was most appropriate.

The draft supplementary submission in response to the comments of the LGBCE was set out in Supplement 2, and it was explained that a further annex setting out technical details would be included when it was submitted. Additional information included the impact of disclosable interests on quoracy at Area Boards, the number and scale of planning committees, comparisons with local authorities as suggested by the LGBCE, and at what point committees would be unable to function at their most effective level.

A motion was moved by Councillor Richard Clewer, seconded by Councillor Christopher Williams, as follows:

That Council:

i) Notes the current position and the request from the Commission seeking

supplementary information on the Council’s original submission (Annex

A);

ii) Approves the supplementary information set out in Annex B as the basis

of the response to the Commission’s letter, subject to any minor drafting

and consequential changes to be delegated to the Director of Legal and

Democratic Services after consultation with the Chairman of the

Electoral Review Committee.

Group Leaders then commented on the proposal as follows:

Baroness Scott of Bybrook OBE supported the proposal and emphasised the unique local decision-making arrangements in Wiltshire which made comparisons with other local authorities inappropriate.

Councillor Ian Thorn stated he could not support the proposal, as he considered that using the relevant criteria as detailed by the LGBCE the evidence did not support a council size of 99, as although the Council rightly prided itself on its area board arrangements, the communication of the LGBCE indicated they would not give that the weight the Council would prefer. He also noted a compromise proposal of 93 had been raised as a possibility, and that the officers of the council and the public were a relevant audience in making their recommendation.

Councillor Ernie Clark stated he supported the comments of the Leader of the Council, and raised concerns that a significant reduction in councillors would prohibit many members, particularly those with full time work and other commitments, from serving an electorate appropriately.

Councillor Ricky Rogers stated he supported the proposal which was supported by strong evidence, and highlighted that the fundamental issue was that of democratic representation, not costs, and noted the already significant decrease in  ...  view the full minutes text for item 51.

Report by Ian Duncan, Director of Finance and Procurement

A report was presented by the Cabinet Member for Finance, Procurement, IT and Operational Development, Councillor Philip Whitehead, setting out proposed amendments to the Treasury Management Strategy to include a new class of alternative investments to available list of non-specified investments, and an amendment to the Minimum Revenue Provision Policy, to allow for an alternative method of calculation where appropriate. The Cabinet had considered the item at its meeting on 12 June 2018.

Following a motion from Councillor Philip Whitehead, seconded by Councillor Jerry Wickham, it was,

Resolved:

1)    To approve an amendment to the Treasury Management Strategy 2018/19, to include a new class of alternative investments to the available list of non-specified investments (as set out in report).

2)    To approve an amendment to the Minimum Revenue Provision Policy, to allow for an alternative method of calculation, where appropriate (as set out in report).

Report by Ian Gibbons, Monitoring Officer

The meeting will be asked to consider a possible recommendation from the meeting of Cabinet to be held on the 3 July 2018.

The report can be found here, and have not been republished on this agenda:

https://cms.wiltshire.gov.uk/ieListDocuments.aspx?CId=141&MId=11668&Ver=4

The final recommendation of Cabinet will circulated by supplement ahead of the meeting of Council.

The Leader of the Council, Baroness Scott of Bybrook OBE, introduced the item as set out in Supplement 1 and which had been considered by Cabinet at its meeting on 3 July 2018. Cabinet determined to make changes to the senior management structure of the council following the decision to reconsider the appointment of the vacant fourth Corporate Director role, which was to have been a joint post with the Wiltshire Clinical Commission Group. As part of those changes it fell within the responsibility of Full Council to amend which role within the structure was to be designated as the statutory Director of Adult Social Services, in this case to the Corporate Director, Adult Care and Public Health. Council was also requested to delegate to the Monitoring Officer any necessary further changes to the Constitution arising from the proposals.

Following a motion from Baroness Scott of Bybrook OBE, seconded by Councillor John Thomson, it was,

Resolved:

1)    To designate the statutory Director of Adult Social Services to the role of Corporate Director Adult Care & Public Health as outlined in paragraph 17 of the Cabinet report.

2)    To delegate any appropriate changes to the Constitution arising from the senior management structure changes to the Monitoring Officer.

To consider the following notices of motions:

The following Notices of Motion were received for the meeting.

To consider the attached motion.

At the invitation of the Chairman, Councillor Peter Hutton proposed the motion as detailed in the agenda, and was seconded by Councillor James Sheppard. In moving her motion Councillor Hutton emphasised the importance of involving parish and town councils in this issue.

In responding to the motion, the Cabinet Member for Public Protection, Councillor Jerry Wickham stated that he supported the motion.

Having been proposed by the Chairman and seconded by the Vice-Chairman, and following approval of the meeting, the motion was debated.

Matters raised in the debate included: whether the issue should be discussed outside of the review of the core strategy; whether existing policies give sufficient support to tree planning; the community and wider benefits of increasing the number trees; and whether the policy would work in an urban and rural environment.

Councillor Bridget Wayman proposed that an amendment be made that the Secretary of State for Environment, Food and Rural Affairs be written to request that a national wide ban on the release of helium balloons & sky lanterns be added. The proposer and seconder accepted the amendment as friendly and it thus formed put of the substantive motion.

Matters raised in the debate included: whether other land owners could be encouraged to take similar steps; the risk of fire and the harm to animals; how the area boards can draw attention to the resolution; the possible input on businesses; how legitimate scientific or schools use can be protected; how the use of our land for events is controlled, and how this process can be amended to accommodate this.

During debate the mover and seconder accepted a friendly amendment from Councillor Jon Hubbard that the words ‘for recreational purposes’ be inserted after the words ‘helium balloons’ to enable their use for scientific or educational purposes.

At the end of the debate, having been put to the vote, the meeting,

Resolved:

1)    To delegate to the Corporate Director for Place, in consultation with the Cabinet Members for Waste and Property, to introduce a policy to prohibit the release of helium balloons for recreational purposes or sky lanterns on land in the ownership of the Council, or under its control; and

2)    To ask officers to contact all Town and Parish Councils in the Wiltshire Council area to make them aware of the risks to the environment, public, and animals from helium balloons and sky lanterns, and to ask them to consider taking steps to prohibit the release of balloons or sky lanterns on land in their ownership or under their control.

3)    That a letter be sent the Secretary of State for Environment, Food and Rural Affairs be written to request that a national wide ban on the release of helium balloons & sky lanterns.

Votes for the motion (70)

Votes against the motion (0)

Abstained (5)

To consider the attached motion.

At the invitation of the Chairman, Councillor Pat Aves proposed the motion as detailed in the agenda, and was seconded by Councillor Brian Mathew. In moving her motion Councillor Aves highlighted the importance of trees in improving health and wellbeing; how tress make a housing estate more liveable; and their impact on visual environment.

In responding to the motion, the Cabinet Member for Planning, Councillor Toby Sturgis, stated: that whilst he appreciated the sentiment behind the motion, he argued that the management of additional trees should be considered given the risk for subsidence when trees are planted without sufficient management; and that this issue could be considered as part of the review of the core strategy.

Having been proposed by the Chairman and seconded by the Vice-Chairman, and following approval of the meeting, the motion was debated.

Matters raised in the debate included: whether the issue should be discussed outside of the review of the core strategy; whether existing policies give sufficient support to tree planning; the community and wider benefits of increasing the number trees; and whether the policy would work in an urban and rural environment. During debate the mover and seconder accepted a friendly amendment from Councillor Jon Hubbard as follows:

That Wiltshire Council consider including the adoption of a policy in the forthcoming review of the council’s local plan that requires developers to plant a minimum of 25% tree coverage (by canopy) on all new housing estates, and that this should be included in Wiltshire Council’s Local Plan Review of its Core Strategy

At the end of the debate, having been put to the vote, the motion was LOST

Votes for the motion (30)

Votes against the motion (40)

Abstained (4)

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 Wednesday 4 July 2018. 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 reported receipt of four questions for the meeting from

Councillors, details of which were circulated in Agenda Supplement 1.

Councillor were then 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)    18-12 Councillor Ruth Hopkinson to Councillor Jerry Wickham – Health and Wellbeing Board

In response to a supplementary on what reforms were proposed for the Health and Wellbeing Board, Councillor Wickham drew attention to page 112 of the CQC report, detailing changes that were being implemented across eight themes including the Health and Wellbeing Board, and details of an action plan that would be taken to the Health Select Committee.

2)    18-13 Councillor Edward Kirk to Councillor Bridget Wayman – Car Parking

In response to a supplementary on calls from government to provide free car parking in town centres Councillor Wayman stated that it was not government policy to do so, though a single MP had suggested it.

3)    18-14 Councillor Ian Thorn to Councillor Jerry Wickham – Mental Health (advocacy)

In accordance with the constitution a verbal response was provided and a written copy provided following the meeting:

Wiltshire Council (jointly with Wiltshire CCG) commissions a county-wide advocacy service from Rethink. This incorporates the following types of advocacy:

- Generic

- Independent Mental Health Advocacy (IMHA)

- Independent Mental Capacity Advocacy (IMCA) and Independent Mental Capacity Advocacy – Deprivation of Liberty Safeguards (IMCA DoLS)

- Care Act

Quarterly contract monitoring meetings take place between commissioners and Rethink. The most recent meeting was 27 April, with the next meeting due to take place on 17 July. Extensive monitoring data is provided. Information provided for Q4 2017/18 (1 Jan 18 – 31 March 18) indicated a caseload of 342 individuals (across all types of advocacy). During the entirety of 2017/18, approximately 13,500 hours of advocacy were delivered across all types.

As demand for advocacy, particularly statutory (IMHA, IMCA and IMCA DoLS) and Care Act has increased beyond what predicted levels, this has impacted on the capacity of the service and waiting lists have increased as a result. As of the end of quarter 4 17/18, there were 80 cases on the waiting list across all areas of advocacy.

To alleviate this, the Council has spot-purchased advocacy with Rethink outside of the contract where they have been able to bring in bank and temporary advocates. This is not sustainable so options are currently being considered around increasing funding, and therefore capacity, within the service to reduce – and remove – waiting lists and to ensure a better, more timely, experience for those referred.

In response to a supplementary Councillor Wickham confirmed the spot purchased advocacy applied to the 80 cases referred to.

4)    18-15 Councillor Ian Thorn to Councillor Jerry Wickham – Mental Health (safeguarding)

In accordance with the constitution a verbal response was provided and a written copy provided following the meeting:

Wiltshire Council’s Adult Social Care Service has well established robust  ...  view the full minutes text for item 55.

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 Chairman will refer to Cabinet and each Committee in turn:

                      i.        The Leader, Cabinet members and Chairmen of Committees will be invited to make any important announcements.

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

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 an opportunity to raise any questions on the minutes of the Wiltshire and Swindon Fire Authority.

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

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.

Resolved:

That the minutes be received and noted.

Report by Dr Carlton Brand, Corporate Director

A report was presented by the Cabinet Member for Corporate Services, Housing, Heritage, Arts and Tourism, Councillor Richard Clewer, setting out proposed changes to Part 3C of the Constitution (Delegation of Executive Functions) recommended by the Standards Committee. The changes defined the role of Portfolio Holder, being appointed by the Leader to assist Cabinet Members, but clarifying they did not have or could be delegated any executive functions, nor serve in an Overview and Scrutiny role other than as a witness.

Following a motion from Councillor Richard Clewer, seconded by Councillor Paul Oaway QPM, it was,

Resolved:

That Council approve the changes to the Constitution as set out in Appendix 1 to the report.

Report by the Leader

In accordance with Paragraph 31 of Part 5 of the Constitution, Council received a report from the Leader of the Council noting that the item ‘Southview Park, Trowbridge – Council House Building’ was determined as an urgent item at Cabinet on 12 June 2018, when it had previously been advertised as scheduled for decision in July 2018. The report detailed the actions that were taken and reason for the urgency to mitigate the risk of increased costs and delays.

Resolved:

That Council notes the report.

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.

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 Baroness Scott of Bybrook, OBE, Leader of the Conservative Group, and Councillor Ian Thorn, Leader of the Liberal Democrat Group, and following a motion from Councillor Allison Bucknell, seconded by Councillor James Sheppard, it was;

Resolved

That Councillor Bridget Wayman be removed from the Officer Appointments Committee and that Councillor Pauline Church be added to the Officer Appointments Committee.

That Councillor Jacqui Lay be removed from the Overview and Scrutiny Management Committee and that Councillor Mary Douglas be added to the Overview and Scrutiny Management Committee.

That Councillor Ross Henning be removed as a substitute of the Northern Area Planning Committee and that Councillor Nick Murry be added as a substitute of the Northern Area Planning Committee.

None