Agenda and minutes

To elect a Chairman for the forthcoming year.

On the nomination of Councillor Laura Mayes, seconded by Councillor Caroline Thomas, it was,

Resolved:

To elect Councillor James Sheppard as Chairman for the forthcoming year.

To elect a Vice-Chairman for the forthcoming year.

A nomination of Councillor Andrew Davis for Vice-Chairman was received from Councillor Tamara Reay, seconded by Councillor Bill Parks. A second nomination of Councillor Stuart Wheeler was received from Councillor Ian McLennan, seconded by Councillor Jon Hubbard, however Councillor Wheeler chose not to accept this nomination.

It was therefore,

Resolved:

To elect Councillor Andrew Davis as Vice-Chairman for the forthcoming year.

On behalf of the Council the Chairman thanked Councillor Wheeler for his service to the council as Chairman for the past two years, and praised his knowledge of the Constitution and good humour in the position.

To receive any apologies for absence.

Apologies for absence were received from Councillors Jane Davies, Kevin Daley, Brian Dalton, Matthew Dean, Sarah Gibson, Howard Greenman, George Jeans, Dr Mark McClelland, Charles McGrath, Kelvin Nash and Antonio Piazza.

To approve as a true and correct record and sign the minutes of the last meeting of Council held on 21 February 2023.

The minutes of the previous meeting held on 21 February 2023 were presented for consideration.

Subject to a correction to include Councillor Sam Charleston among the list of attendees in the appendix to the minutes, it was,

Resolved:

That the minutes of the previous meeting held on 21 February 2023 be approved and signed as a true and correct record.

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

There were no declarations of interest.

To receive any announcements through the Chairman.

The Chairman made the following announcements:

a)    Chairman’s Engagements

A list of recent engagements attended by the Chairman from 21 February 2023 to May 2023 were detailed as set out below:

·       Sunday 12 March 2023 - The High Sheriff’s Reception at the Guildhall, Salisbury followed by the Service for the Rule of Law, Salisbury Cathedral.

·       Monday 13 March 2023 - Hosted the Commonwealth Day Flag Raising Ceremony at County Hall, followed by a tree planting ceremony as part of the QGC initiative. 

·       Friday 31 March 2023 - The Declaration and Appointment of the new High Sheriff of Wiltshire, Mr. Pradeep Bhardwaj, St. Mark’s Church, Swindon, 3.00 pm followed by a Reception at University Technical College, Swindon.

·       Friday 31 March 2023 - The Mayor of Melksham’s Civic Reception, Assembly Hall, Melksham.

·       Monday 3 April 2023 - The Lord-Lieutenant’s BEM Presentation Ceremony, First Floor Ceremony Room, County Hall.

·       Sunday 7 May 2023 - Salisbury Cathedral Service of Celebration for the Coronation of HM King Charles III.

·       Saturday 13 May 2023 – Salisbury Mayor Making.

b)    Old Sarum Airfield – Notice of Motion

The Chairman noted that on Monday 16 May 2023, the Monitoring Officer provided advice to the out-going Chairman, Councillor Stuart Wheeler regarding agenda item 11. As detailed in the agenda supplement, since publication of the Summons it became apparent that two planning applications relating to the site had been submitted and validated.

Paragraph 18.7 of Part 4 of the Constitution set out the scope of motions which could be considered by Council, which excluded those relating to any non-determined planning application. On advice of the Monitoring Officer the Chairman therefore ruled the motion as being out of scope for the meeting and it would be withdrawn from the agenda.

Councillor Ian McLennan, the proposer of the motion, was offered the opportunity to address the meeting in relation to the motion he had submitted.

Councillor McLennan stated that the motion related to the need for a Community Area Management Plan for the Airfield, with reference made to the Atkins Heritage Assessment which identified the Airfield as one of the oldest surviving active airfields in the United Kingdom. Additional reference was made to the special qualities possessed by the Airfield to be a conservation area.

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. Members of the public are encouraged to register to speak earlier.

Up to 3 speakers are permitted to speak for up to 3 minutes each on any agenda item. Statements must be relevant to the agenda item.

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 Proper Officer) no later than 5pm on 9 May 2023 in order to be guaranteed of a written response. Questions submitted no later than 5pm on 11 May 2023 may only receive a verbal response. Questions may be asked without notice if the Chairman decides that the matter is urgent.

Details of any questions received will be circulated to Members prior to the meeting and made available at the meeting and on the Council’s website.

Please contact the officer named on the first page of this agenda for further advice.

The Chairman explained the procedure that would be followed for public participation at the meeting in accordance with the constitution.

Details of two questions were set out in the Agenda Supplement.

Question P23-08 and P23-09 – Celia Beckett (Hilperton Area Action Group)

Written responses were provided as also detailed in the Agenda Supplement. A supplementary question was asked in relation to how the Wiltshire Local Planning Review assesses where green field allocations may be needed.

Councillor Nick Botterill, Cabinet Member for Finance, Development Management and Strategic Planning, stated that the Local Planning process was complex in nature and the purpose of the process was to include stages of consultation before a draft plan was set to be produced for 3 July 2023. Such consultations would take local opinions into account whilst also being evidence led including the use of technical assessments.

a)    To receive presentation of any petitions submitted for the meeting.

b)    To receive an update on any petitions received by the council since the last meeting.

No petitions had been received for receipt or presentation to the meeting in  accordance with the timescales set out within the Constitution.

To receive the annual report on Overview and Scrutiny activity.

The Chairman invited Councillor Graham Wright, Chairman of the Overview and Scrutiny Management Committee, to present the Annual Report on Overview and Scrutiny activity.

Councillor Wright stated that in the past year Overview and Scrutiny had continued to play a key role in developing Council policy and holding decision makers to account, with 73% of decisions taken by the Council’s Cabinet scrutinised and 65% of eligible members taking part in work conducted by Overview and Scrutiny at some level. He also referred to the recent LGA Peer Challenge Review, which had provided positive comments on the work of Overview and Scrutiny Function. Thanks were provided to elected Members, Officers, and members of the public as well as to Vice-Chairman of the Overview and Scrutiny Management Committee, Councillor Christopher Williams.

A brief overview of the work conducted by Overview and Scrutiny was provided, including scrutiny of the budget and opposition group amendments, as well as complaints data, the new Service Devolution and Asset Transfer Policy, and the Council’s new performance scorecards. The work of the Select Committees was outlined with thanks paid to the respective Chairmen and Vice-Chairmen of the Committees.

Councillor Wright paid tribute to the support provided by Henry Powell, Democracy and Complaints Manager, and the Scrutiny Officers, who had produced outstanding reports and other work supporting the Committees. It was stated that the Committees were focused on increasing emphasis on data to inform findings, with Members using their experience to improve policies. It was stated that all of the Overview and Scrutiny Forward Work Plans were available to view on a dedicated page which demonstrated the amount of work conducted by the Committees.

The Chairman then moved a motion to note the Overview and Scrutiny Annual Report, which was seconded by the Vice-Chairman.

Comments were then received by Select Committee Chairmen as follows:

Councillor Jon Hubbard, Chairman of the Children’s Select Committee, thanked the officer team for the support that they had provided, particularly to Marie Gondlach, Senior Scrutiny Officer, and the Members who had served on task groups.

Councillor Johnny Kidney, Chairman of the Health Select Committee and Councillor Jerry Kunkler, Chairman of the Environment Select Committee also thanked officers for their hard work and support.

Comments were then made by Group Leaders as follows:

Councillor Richard Clewer, Leader of the Council, echoed his thanks and stated how important Scrutiny was to the Council in working alongside the Executive to develop policies. The Leader cited Councillor Wright’s work as Chairman as an example of why Scrutiny was working as well as it was.

Councillor Ian Thorn, Leader of the Liberal Democrat Group, took the opportunity to pay tribute to Councillor Wheeler for his role as previous Chairman of the Council, whilst also welcoming the incoming Chairman and Vice-Chairman to their new positions. Councillor Thorn praised the work of Members who had volunteered their time to working groups. He also questioned whether there would ever be a specific Select Committee for Financial Planning matters, and not  ...  view the full minutes text for item 28.

To receive a report from the Chief Executive.

The Chairman invited Councillor Nick Holder, Cabinet Member for Environment and Climate Change, to present the report providing an update on the council's response to the climate emergency.

Councillor Holder stated this was the seventh update report which had been provided to the council since approving the motion to declare a climate emergency. He noted that Wiltshire Council had been rated as the 5^th best unitary authority for its response from the Climate Emergency UK Council, with the LGA Peer Review also providing positive feedback on the council’s extensive efforts to address climate issues.

Councillor Holder thanked the officers for their hard work, with support also having been received from the Housing and Highways departments to tackle the issues. Highlights of the report were outlined, including that the Council had secured funding of more than £3.6million from Government to improve the energy efficiency of 201 homes, and that the council had employed three extra members of staff to deliver further climate change work. He stated that 70 electric charging batteries were set to be installed across the county, and that the first carbon neutral school was set to be constructed in Bowerhill, Melksham Without. Reference was also drawn to how the council had worked with partners, particularly the Wiltshire Climate Alliance, and developed a positive engagement with them.

Councillor Holder proposed a motion to note the actions taken in response to the climate emergency following the last update in October 2022, which was seconded by Councillor Richard Clewer.

Comments were then received from Group Leaders as follows:

The Leader, Councillor Richard Clewer, emphasised that the council had taken an evidence led approach to its climate actions. He stated Wiltshire Council was seen as a national leader and that he was often approached by other Leaders and Cabinet Members seeking advice on how such work has been achieved, and that the Public Service Board and public sector partners were taking the work on board. He confirmed the council would continue to work with and lobby Government where needed. He provided his thanks to both Councillor Holder and the Climate Team.

Councillor Ian Thorn, Leader of the Liberal Democrat Group, also offered thanks to Councillor Holder and the Climate Team for their work. He considered that the upcoming new Local Plan would be a test for the Council’s commitment to the climate emergency. He stated that the council was now 7 years away from the county-wide target date and that a response was needed across the whole county and not just from Wiltshire Council, and though impressive achievements had been made in some cases it might not be enough. He noted the role of communications to generate further activity and engagement in communities as well as making use of roadshows to outline what communities should be doing to deliver on their climate change responsibilities. It was also suggested that there was more to be done through the means of partnerships and working together.

Councillor Ricky Rogers, Leader of the Labour  ...  view the full minutes text for item 29.

To consider the attached motion from Councillors Ian McLennan and Paul Sample JP.

As detailed under Chairman’s Announcements, the notice of motion was withdrawn from consideration by the Chairman.

To receive a report from the Monitoring Officer on recommendations from the Standards Committee in respect of the following Parts of the Constitution:

Part 1 – Introduction and Contents

Part 2 – Articles of the Constitution

Part 3 – Responsibility for Functions and Schemes of Delegation

Part 4 – Council Rules of Procedure

The Chairman invited Councillor Ashley O’Neill, Cabinet Member with responsibility for Governance, to present a report on recommendations from the Standards Committee in respect of the following Parts of the Constitution:

Part 1 – Introduction and Contents

Part 2 – Articles of the Constitution

Part 3 – Responsibility for Functions and Schemes of Delegation

Part 4 – Council Rules of Procedure

Councillor O’Neill outlined that these changes were the first set of changes set to be brought before the Council as part of a review of every section of the Constitution, and that further parts and protocols would be taken to later meetings, with some sections having not been updated for many years.

It was explained that changes to Part 1 were made to enable the section to be more useful as an introductory section and to highlight the purpose of each section. Changes to Part 2 included, but were not limited to, the removal of sections which had been duplicated elsewhere, updating references to the business plan, general clarifications to be consistent and further details relating to Overview and Scrutiny and key decisions.

It was outlined that Part 3 had been amended to provide adjustments to terms of references for committees as well as minor clarifications relating to schemes of delegation and updates in relation to the Area Board procedure in line with the Area Board Handbook approved by the Leader in 2022. Following approval of the new Code of Conduct in October 2022 it was proposed that the Monitoring Officer would be authorised to approve some dispensations rather than requiring a Standards Sub-Committee. The section on indemnity was also proposed to be changed to be brought in line with other local authorities, and to include details relating to Members.It was also explained that changes to Part 4 were proposed to, among other details, provide guidance on notices of motion and council questions as well as procedural clarifications on debate processes.

Councillor O’Neill paid tribute to the work of the cross-party Constitution Focus Group, which had spent considerable time and many meetings working on the suggested changes with a detailed, collaborative approach. He thanked Kieran Elliott, Democracy Manager (Democratic Services) for his support and guidance during the process. He confirmed the changes had been approved by the Standards Committee.

Councillor O’Neill then proposed the motion to update the sections of the constitution as outlined, which was seconded by Councillor Paul Oatway QPM, Chairman of the Standards Committee.

In moving the motion Councillor O’Neill included a further change not considered at Standards Committee in respect of substitution arrangements for planning committees and the Officer Appointments Committee.

Comments were then received from Group Leaders as follows:

Councillor Richard Clewer, Leader of the Council, acknowledged that though there was a lot of proposed changes these were for the most part procedural and straightforward improvements. The Leader thanked Councillor O’Neill and the Focus Group for their work.

Councillor Ian Thorn, Leader of the Liberal Democrat Group, thanked Councillor O’Neill for his thoughtful  ...  view the full minutes text for item 31.

a)    Appointment of committees and review of allocation of seats on Committees to political groups

b)    Appointment of Members to Committees, Area Boards, and to the Dorset and Wiltshire Fire Authority and any other bodies

c)     Appointment of Chairs and Vice-Chairs of Committees

The Chairman drew attention to the allocations report published in an agenda supplement, and the circulation to Members during the meeting of a proposal for allocation of seats on committees to political groups, and membership of those committees. This had been prepared following agreement by Group Leaders and would be attached with the minutes.

Councillor Richard Clewer, Leader of the Council, proposed the combined appointment motions. This was seconded by Councillor Ian Thorn.

With consent of the meeting the motion was then put to the vote, and it was,

Resolved:

1)    That Council note the report and the legal requirements.

2)    That Council re-appoint the following committees with the terms of reference as set out in the Constitution:

·                       Strategic Planning Committee

·                       Area Planning Committees: Northern, Eastern, Southern and Western

·                       Licensing Committee

·                       Overview and Scrutiny Management Committee

·                       Children’s Select Committee

·                       Environment Select Committee

·                       Health Select Committee

·                       Standards Committee

·                       Audit and Governance Committee

·                       Staffing Policy Committee

·                       Officer Appointments Committee

·                       Electoral Review Committee

·                       Appeals Committee

·                       Wiltshire Police and Crime Panel (joint with Swindon Borough Council)

·                       Wiltshire Pension Fund Committee (joint with Swindon Borough Council)

·                       Health and Wellbeing Board

3)    That Council re-appoint those Area Boards, as set out at Appendix 1 of the report presented and within the Constitution, to comprise the Unitary Councillors for that area.

4)    That Council re-appoint the Local Pension Board established under the Public Service Pensions Act 2013 and consequent amendments to the Local Government Pension Scheme Regulations 2013. 

5)    That Council appoint members to the Dorset and Wiltshire Fire Authority, in accordance with the guidance set out in this report.   

6)    That Council approve a scheme of committee places which sets out the number of seats available to members of the Council and to political groups as at Item 13a (Appendix 3)

7)    Council appointed Members to serve on those committees in accordance with the agreed scheme of allocations, until the next occasion membership is reviewed under the provisions of the Local Government & Housing Act 1989.

8)    Council appointed substitute members (to a maximum of four per group) to the committees referred to in (b) above (as attached).

9)    That Council appoint those Members representing electoral divisions to their respective Area Boards as set out at Item 13b Appendix 1.

10)That Council note that the following persons remain appointed as non-voting co-opted members of the Standards Committee for the remainder of the council term:

·       Gordon Ball

·       Kathy Barnes

·       Joanne Cetti

·       Julie Phllips

11)  That Council note that the following persons remain appointed as Independent Persons for the remainder of the council term:

·       Tony Drew

·       John McAllister

·       Patricia Bunch

12) That Council note the following non-elected members of the Children’s Select Committee:

The Leader, Cabinet Members and Chairmen of Committees will be invited to make any appropriate announcements for attention of Members.

On behalf of the Leader, the Chairman formally noted that there had been no executive decisions taken under special urgency provisions in the last year.

The Chairman also noted that in March 2013 the then Chairman had agreed that Cabinet Member decision HSAAT-01-23 was considered to be urgent and as such the regular call-in period did not apply for that decision.

The next cycle of Full Council meetings was also noted as:

18 July 2023

17 October 2023

20 February 2024

There were no announcements from Cabinet Members, Committee Chairmen, or on other matters.

Members were required to give notice of any questions in writing to the Proper Officer through the officer listed on the front of this agenda no later than 5pm nine clear working days before the meeting in order to be guaranteed a written response.

Any question received after 5pm on 28 April 2023 and no later than 5pm four clear working days before the meeting 9 May 2023, may only receive a verbal response at the meeting. Any questions received after this date will be received at the next meeting.

Questions may be asked without notice if the Chairman determines the matter is urgent.

Details of any questions received will be circulated to Members prior to the meeting and made available at the meeting and on the Council’s website.

The Chairman noted that two questions had been received by the deadline to receive a written response. Those questions as well as their responses had been included within the Agenda Supplement.

23-04 – Councillor Carole King to Councillor Caroline Thomas

Councillor King asked a supplementary question in relation to the last two words included in the written response to her question which were “once proven”. She encouraged the Council to embrace innovative trials and asked for an example of when Wiltshire Council had taken part in such a trial to do with Highways, as well as the pros and cons of partaking in such.

Councillor Caroline Thomas, Cabinet Member for Transport, Street Scene, and Flooding stated that she would provide a written answer to Councillor King.

23-05 – Councillor Edward Kirk to Councillor Phil Alford.

Councillor Kirk asked a supplementary question on an arrangement had been reached with Melksham Town Council in relation to a Service Delegation and Asset Transfer Package, similar to the one arranged with Trowbridge Town Council.

Councillor Phil Alford, Cabinet Member for Housing, Strategic Assets and Asset Transfer, responded that Melksham Town Council had not been in contact.

The Chairman noted that a total of twelve questions had been received by the deadline to receive a verbal response. Those questions had been included in the agenda supplement.

A point of order was raised by Councillor Philip Whitehead as to whether the questions were all or partly operational questions which should have been directed to receive responses from the relevant Director. The Chairman noted that if a Member was not satisfied with a response received to an operational question then they could require the question come before Council, though in this instance the questions had been included directly with the Summons. He would ensure any procedural checks took place as appropriate on any future questions.

The Leader, Councillor Richard Clewer provided verbal responses in relation to questions 23-06 to 23-17, which had been submitted by Councillor David Vigar. Written responses would be attached to the minutes.

Councillor Vigar raised a number of supplementary questions in relation to the various responses he had received.

Supplementary Question 1

Would the Council consider re-advertising the four posts that it advertised for dedicated Housing Support Officers to help Ukrainian refugees find homes?

The Leader confirmed that these posts would be re-advertised.

Supplementary Question 2

Would it be accepted that the house buying by Wiltshire is on a scale that is different to any other council in Britain?

The Leader stated that he was unaware whether any other local authorities were operating on a similar scale and Wiltshire Council had looked with officers at the issues to be addressed and that was the agreed response.

Supplementary Question 3

Has the Council engaged with the Department for Levelling Up Housing and Communities and does the Secretary of State Michael Gove know about the plan?

The Leader stated that Wiltshire Council had consulted with the Department for Levelling Up Housing and Communities, though could  ...  view the full minutes text for item 34.