Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Cllrs Chuck Berry, David Bowler, Richard Britton, Mathew Dean, Gavin Grant, Johnny Kidney, Christopher Newbury, Ashley O’Neill, Antonio Piazza, Martin Smith, and Ian Thorn.

The Chairman noted and welcomed the return of Cllr Charles McGrath following a period of illness.

To approve as a correct record and sign the minutes of the meeting of Council held on 18 July 2023.

The minutes of the meeting held on 18 July 2023 were presented for consideration, and it was,

Resolved:

That the minutes be approved and signed as a true and correct record.

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

There were no declarations.

To receive any announcements through the Chair.

Since the last meeting of Council there had been the following engagements attended by the Chairman.

·       31 July 2023 - Presentation by the Lord-Lieutenant of a Queen’s Commendation for Bravery Award to Mrs. Bardha Kola, first floor ceremony room, County Hall.

·       1 September 2023 - Hosted the Merchant Navy Day Flag Raising Ceremony at County Hall.

·       14 September 2023 - Royal Visit by HRH The Duchess of Edinburgh to the Guildhall, Salisbury.

·       14 September 2023 - Royal Visit by HRH The Princess Royal to Dorothy House Hospice Care, Winsley, to open Firefly Woods to the Community.

·       15 September 2023 - Official opening of new extension, Holbrook School, Trowbridge by HM Lord-Lieutenant of Wiltshire.

·       22 September 2023 - Civic Reception at RAF Fairford, Glos.

·       24 September 2023 - CPRE and CCm Technologies Best Kept Village Competition Presentation Day. Visited Tockenham, Rushall, Urchfont and Bratton.

Since the last meeting of Council there had been the following engagements attended by the Vice-Chairman.

·       1 September 2023 - Chippenham Town Council Merchant Navy Day Flag Raising Ceremony, Chippenham Town Hall.

·       8 October 2023 - Mayor of Royal Wootton Bassett’s Civic Service, St. Bartholomew’s & All Saints Church, RWB.

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 Proper Officer) no later than 5pm on 10 October 2023 in order to be guaranteed of a written response. Questions submitted no later than 5pm on 12 October 2023 may receive a verbal response. Questions may be asked without notice if the Chairman decides that the matter is urgent.

Please note that no person or organisation may submit more than two questions at any one meeting. No question may be sub-divided into more than two related parts. For details regarding the submission and scope of questions, please consult section 16 of Part 4 of the Council’s Constitution. Please contact the officer named above for any further clarification.

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 explained the procedure for any public participation for the meeting, and noted responses to public questions which had been received.

Mr Andrew Nicolson (Question P23-26) asked a supplementary question regarding the council’s response to Climate Emergency UK’s annual council scorecard benchmarking, which he believed the council had seen in draft ahead of its publication.

Cllr Richard Clewer, Leader of the Council, stated the Cabinet had not presently seen the proposed scorecard, but that officers had engaged with Climate Emergency UK to ensure assessments that had been provided had been accurately reflected in the analysis undertaken.

Cllr Nick Holder, Cabinet Member for Environment and Climate Change, also added the council had not seen the draft report, but would await the public release of the information.

To receive a report from the Corporate Director - People.

Introduction

The Chairman invited Cllr Laura Mayes, Deputy Leader and Cabinet Member for Children’s Services, Education, and Skills, to present a report seeking endorsement and adoption of the new Corporate Parenting Strategy for 2023-2026 along with other updates from the Corporate Parenting Panel.

Cllr Mayes thanked all those involved in shaping the strategy, particular young person involvement. She highlighted the promise to young people as part of the strategy and moved the proposals of the report, seconded by Cllr Peter Hutton.

A poem as set out in Appendix 2 of the report was read out by a number of elected Members in the Chamber.

Group Leaders

Comments were then made by Group Leaders as follows:

Cllr Richard Clewer, Leader of the Council, reflected on the importance of ensuring the council was delivering outcomes for children in care and care leavers, for example to support them in further education, employment and training.

Cllr Gordon King, Deputy Leader of the Liberal Democrat Group, supported adoption of the proposed strategy, and thanked officers for a thoughtful and well-presented piece of work. He particularly endorsed the proposal to explore pursuing care experience as a protected characteristic, noting how it could define and influence a person.

Cllr Ricky Rogers, Leader of the Labour Group, stated his support for all the proposals.

Debate

During the debate, Cllr Peter Hutton, Chairman of the Corporate Parenting Panel, thanked officers and particularly the Youth Voice team for their work on the report and for the service.

Cllr Jon Hubbard, Chairman of the Children’s Select Committee, confirmed the report and strategy had been reviewed by a task group of the Committee. They had been impressed with the report, especially it being much more accessible than many council documents, particularly for young people.

There being no other comments, to conclude debate Cllr Mayes stated the council would look carefully at the matter of care experience as a protected characteristic, making sure it was something the young people would want, and that there would be no unintended consequences, and that if adopted in future that it would lead to specific action.

It was then,

Resolved:

1)    That Council approves the revised Corporate Parenting Strategy 2023 – 2026 attached as Appendix 1 to the report;

2)    That approval is given for Wiltshire Council to sign up to the National Care Leavers Covenant;

3)    That all Councillors as Corporate Parents pledge their commitment to the poem (attached as Appendix 2 to the report) to the children and young people in care as recommended by the Corporate Parenting Panel;

4)    That the Council commit to the Corporate Parenting Panel exploring care experience as a protected characteristic and progress this to put in place policies and programmes which promote better outcomes for care experienced young people and adults, with a full proposal returning to Full Council for approval.

In accordance with the constitution there was a recorded vote. 

Votes for the motion (77) 

Votes against the motion (1) 

Votes in abstention (2) 

Details of the vote  ...  view the full minutes text for item 53.

To receive a report from the Chief Executive.

Please note that this report is subject to the decision of Cabinet on 10 October 2023. Following Cabinet, the minute of the item and any updates to the report/recommendations will be circulated in a supplement.

Introduction

The Chairman invited Cllr Nick Holder, Cabinet Member for Environment and Climate Change, to present a report providing the council’s eighth progress update on actions taken in response to the climate emergency, including a proposed update to the council’s Environmental Policy and a proposal to adjust the annual reporting cycle.

Cllr Holder presented the report, noting it had been reviewed by the Global Warming and Climate Emergency Task Group and approved by the Cabinet. There had been engagement with the Wiltshire Climate Alliance, whom he thanked for providing honest feedback and seeking clarification on several points. He stated it was intended to further develop the council’s relationship with the Wiltshire Climate Alliance to assist the council in delivering on its commitments.

It was explained that the climate motion adopted by the council in 2019 had included committing to the council as an organisation to become carbon neutral by 2030, and to seek to make the county carbon neutral by 2030, noting the distinction between matters the council could affect directly or indirectly. Pathway reports had been prepared by consultants to help produce delivery plans with specific actions, and it was reported that the council was on track to meet its target to being carbon neutral by 2030, though it would not be complacent about achieving this.

Examples were provided of work being undertaken, such as installing solar panels on the Five Rivers Leisure Centre which helped power the building and electric vehicle charging points, with renewable energy production on the council’s estate trebling in the past year, as well as working with contractors to reduce their emissions. The number of staff within the climate team was increasing further, with all service areas involved in developing and carrying out actions under the climate strategies, action plans and policies such as the draft Local Plan, with details provided on key performance indicators within the report.

Cllr Holder moved the proposals as detailed within the report, which were seconded by Cllr Richard Clewer.

Public Participation

Bill Jarvis, Wiltshire Climate Alliance, stated the report showed real progress, though he expressed concern about lack of progress on scope 3 emissions, engagement with business, and climate adaptation. He hoped that a streamlined reporting on climate progress could still be provided publicly on a more frequent basis even if the proposal for a full report to Council to take place annually was approved.

Andrew Nicolson, Wiltshire Climate Alliance, stated the council’s net zero pathway as only average for an organisation of its size, and county wide emissions data was not very positive. He questioned inclusion of certain actions with the report actions. He urged Area Board leads and all councillors to engage with local organisations and groups to learn more about climate actions which could be taken in their areas and discussed methane emissions.

Bill Jarvis asked a supplementary to his submitted questions as detailed in the Agenda Supplement. He asked how the council would be able to demonstrate reduction in scope 3 emissions by business  ...  view the full minutes text for item 54.

To receive a report from the Chief Executive.

Introduction

The Chairman invited Cllr Nick Botterill, Cabinet Member for Finance, Development Management, and Strategic Planning, to present a report seeking approval for additions to the Capital Programme to deliver additional education provision, and to increase the council’s net budget to reflect additional grant funding and an increased share of retained business rates funding.

Cllr Botterill noted that due to prudent and sound financial management the council was not experiencing some of the difficulties of many other local authorities. He explained the investment of further funding for educational provision would lead to better outcomes for children but was also an example of transformational investment to save on revenue costs at a later date. He also provided details of the additional increases to the net budget.

The proposals detailed in the report were then moved, seconded by Cllr Richard Clewer.

Group Leaders and Scrutiny

Comments were then made by Group Leaders as follows:

Cllr Richard Clewer, Leader of the Council, stated that prevention and early intervention was essential in preventing problems from developing and also reduced costs significantly. He said that the council continually reviewed such investment work to ensure they delivered on that aim of prevention and early intervention, and this was reflected in other service areas as well as education.

Cllr Gordon King, Deputy Leader of the Liberal Democrat Group, welcomed and supported the report.

Cllr Ricky Rogers, Leader of the Labour Group, stated he was happy to support the report, and sought details on the additional borrowing proposed.

Cllr Pip Ridout, Chairman of the Financial Planning Task Group, highlighted the interrelation between capital borrowing and revenue, and that the proposals had been considered carefully and regarded as prudent.

Debate

During debate the proposals were supported, with requests for some additional detail on what the new allocation for education provision would be utilised for, requesting a written update from a point raised at Cabinet when the proposal was considered, and highlighting the benefits of small organisations doing early intervention work to which the funding would assist.

In response to comments made in debate Cllr Botterill provided clarity about offsetting the additional borrowing, and explained about the need to fund additional placements for children who needed some time out of mainstream education, with more detail to come as the process developed.

At the conclusion of debate, it was then,

Resolved:

To approve:?

1)    the allocation of a £4.4m budget for Education provision in the North of the County to be funded by a mix of capital receipts, earmarked reserves and £1.7m of new borrowing;?

2)    to move the £0.382m income budget associated with saving from increased retained share of funding from Business Rates for Council Assets from Assets to the Business Rates Retention Scheme in the Funding section; and?

3)    to increase the Government Grants budget in Funding to recognise the additional Market Sustainability Improvement Fund of £2.773m and increase the net budget in Adults by the same amount.

Proposals b) and c) above will increase the Council’s Net Budget  ...  view the full minutes text for item 55.

To consider the Final Recommendations of the Electoral Review Committee.

Introduction

In the absence of the Chairman and Vice-Chairman of the Electoral Review Committee, the Chairman invited Cllr Ian Blair-Pilling to introduce the Final Recommendations of the committee and set out the process which had been followed during the 2022/23 Community Governance Review Prior to the introduction the Chairman set out the process that would be followed for debate on the item.

Cllr Blair-Pilling moved the proposals as set out in the Final Recommendations, which was seconded by Cllr Stuart Wheeler. He then set out the background to the Final Recommendations of the committee, detailing the statutory criteria the council must follow during the process, relating to community interest and identity, and effective and convenient governance. He made clear that once an area was chosen for review the committee considered all options, not only those initially proposed to it.

Details were provided of the public consultations and engagements with local councils which had taken place, with some recommendations being adjusted through the process. Some of the recommendations, if approved, would require the consent of the Local Governance Boundary Commission for England in order to be enacted.

Cllr Blair-Pilling referred throughout to details and reasoning for changes as set out in the Final Recommendations document attached to the Summons.

Before explaining and debating specific recommendations, the Chairman invited Group Leaders to comment upon the process generally.

Group Leaders and procedural points

Cllr Richard Clewer, Leader of the Council, welcomed the work of the Committee in performing detailed review of boundaries and governance of parishes.

Cllr Gordon King, Deputy Leader of the Liberal Democrat Group, expressed his appreciation for the work of the committee and adherence to process, though would speak as an individual divisional member in relation to specific recommendations, noting he was a member for Westbury, which was involved in the first recommendation.

Cllr Ernie Clark, Leader of the Independent Group, as a member of the Committee thanked officers and fellow committee members for their work on the recommendations and supported the proposals.

Cllr Ricky Rogers, Leader of the Labour Group, welcomed the consistent and down to earth approach the committee had developed since its formation.

The Chairman then made a number of procedural points related to any potential amendment and requirement for additional consultation depending on the detail of any such amendment.

Cllr Blair-Pilling was then invited to introduce the detail of the recommendations.

Recommendation 1 – Heywood and Westbury

This was a proposal to transfer land from Westbury to Heywood, and a smaller area from Heywood to Westbury. This was principally to unify the area known as The Ham within a single parish, recommended by the committee to be Heywood. The proposals also sought to unward the parish of Heywood.

Cllr Blair-Pilling provided details on the background of the review in the area and the reasoning of the committee, as set out fully in the report including details of proposals which had not been agreed by the committee. Details highlighted included but were not limited to that  ...  view the full minutes text for item 56.

To consider a report from the Monitoring Officer.

The Chairman invited Cllr Paul Oatway QPM, Chairman of the Standards Committee, to present a report proposing amendments to the Code of Conduct.

Cllr Oatway noted that council had adopted a revised Code of Conduct at its meeting in October 2022, and that an annual review was considered on whether revisions were appropriate. In particular there were parts of the LGA Code Guidance which had been adopted which had not been practical in the context of area committees such as the Area Boards, and the large number of members who were also members of city, town, and parish councils. A review had been undertaken to suggest adjustments to improve the practical application of the Code.

The proposals detailed in the report were then moved, seconded by Cllr Richard Clewer.

Group Leaders were then invited to make comments if they wished. Cllr Gordon King, Deputy Leader of the Liberal Democrat Group, stated he was in agreement with the proposals.

No comments were made in debate, and it was then,

Resolved:

That Council approve the following updated section of the Constitution:?

Part 12 – Code of Conduct?

In accordance with the constitution there was a recorded vote. 

Votes for the motion (78) 

Votes against the motion (0) 

Votes in abstention (2) 

Details of the vote are attached as an appendix to the minutes.

To consider a report from the Monitoring Officer.

The Chairman invited Cllr Paul Oatway QPM, Chairman of the Standards Committee, to present a report proposing amendments to the arrangements for the Police and Crime Panel.

Cllr Oatway noted that both Wiltshire Council and Swindon Borough Council were required to approve any changes to the Panel arrangements, as it was a joint committee of the councils. Swindon Borough Council had already approved the changes. It was explained that the Protocol had not been amended since 2014, and the Chairman of the Panel had led a review of the arrangements.

The proposals detailed in the report were then moved, seconded by Cllr Steve Bucknell, Chairman of the Wiltshire Police and Crime Panel.

Group Leaders were then invited to make comments if they wished. Cllr Gordon King, Deputy Leader of the Liberal Democrat Group, supported the proposals.

The Chairman of the Police and Crime Panel spoke during debate, stating that some of the arrangements had been unclear or ambiguous on the role of the Panel and that of the Police and Crime Commissioner. He also urged the public and Members to attend the Panel meetings.

There being no other comments, it was then,

Resolved:

That Council approve the following updated section of the Constitution:?

Protocol 12 – Wiltshire Police and Crime Panel Protocol?

In accordance with the constitution there was a recorded vote. 

Votes for the motion (77) 

Votes against the motion (0) 

Votes in abstention (3) 

Details of the vote are attached as an appendix to the minutes.

To receive a report from the Director HR & OD.

The Chairman invited Cllr Richard Clewer, Leader of the Council, to present a report on proposed changes to the designation of statutory roles to specific officer posts.

Cllr Clewer noted council was required to make changes to designation of statutory roles. It was proposed to designate the Director of Finance and Procurement as Section 151 Officer.

The proposals detailed in the report were then moved, seconded by Cllr Nick Botterill.

No comments were made by Group Leaders or in debate.

It was then,

Resolved:

That Council:?

1)    ?Approve the designation of statutory role of Section 151 Officer to the Director of Finance and Procurement;

2)    Note that other designated statutory roles are unchanged as a result of the restructure and remain with existing posts;

3)    Authorise the Monitoring Officer to make any consequential changes to the Constitution arising from the designation of the statutory function outlined?.

To consider any requests from Members in respect of S.85 of the Local Government Act 1972.

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 introduced the report detailing a request from Cllr Ian Thorn for an extension to the 6-month rule of non-attendance for medical reasons under S.85 of the Local Government Act 1972. Cllr Charles McGrath had been well enough to attend, so the request in the report was withdrawn. The Chairman moved that Council grant the request of Cllr Thorn. This was seconded by the Vice-Chairman.

Cllr Richard Clewer, Leader of the Council, supported the request, stating it was important to provide assistance to Members in that situation.

Cllr Gordon King, Deputy Leader of the Liberal Democrat Group, welcomed Cllr McGrath back to council meetings, and hoped Cllr Thorn would be able to return soon.

Cllr Ernie Clark, Leader of the Independent Group, and Cllr Ricky Rogers, Leader of the Labour Group, supported the proposal.

Group Leaders also provided details of changes to membership of committees they wished to request, and these were accepted by the Chairman and Vice-Chairman as part of the substantive motion.

There being no debate or further comments, it was then,

Resolved:

1)    That Council approves the requests for the Member listed below for an extension beyond the six-month period of non-attendance on the grounds of ill health:

Councillor Ian Thorn

2)    That such an extension be granted until the end of May 2024, which would allow for any request for a further extension being considered by Council at its meeting in May 2024. In the event of that meeting either being cancelled or postponed, such an extension to remain in place until after the next available meeting of the Council.

3)    To make the following changes to membership of committees:

·         Cllr Iain Wallis to be removed as a Member of the Standards Committee and the Overview and Scrutiny Management Committee;

·         Cllr Jonathan Seed to be added as a Member of the Overview and Scrutiny Management Committee;

·         Cllr Tamara Reay to be added as a Member of the Standards Committee;

·         Cllr Sam Pearce-Kearny to be removed as a Member of the Eastern Area Planning Committee and to be added as a Substitute of the Eastern Area Planning Committee;

·         Cllr Adrian Foster to be added as a Member of the Eastern Area Planning Committee;

·         Cllrs Mel Jacob, Tim Trimble, Gordon King to be added as Substitutes of the Officer Appointments Committee.

To receive any other appropriate announcements from the Leader, Cabinet Members, or Chairmen of Committees.

There were no announcements from Cabinet or Committees.

Members were required to give notice of any such question in writing to the Proper Officer no later than 5pm nine clear working days before the meeting, 3 October 2023, in order to be guaranteed a written response.

Any question received after 5pm on 3 October 2023 and no later than 5pm four clear working days before the meeting, 10 October 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.

Five questions were received from Members, as set out in the agenda supplement, together with written responses where these had been provided.

Cllr Derek Walters made a supplementary question in relation to question 23-20, asking how the Leader would further rectify the error made in the statement relating to reducing a speed limit in Rudloe.

Cllr Richard Clewer, Leader of the Council, said he had corrected his statement in writing along with an apology for the mistake.

Cllr Jon Hubbard made a supplementary question in relation to question 23-23, seeking clarification on the response, stating that the copies of the Wiltshire Times sold in Melksham was much less than the distribution of the Melksham News, and that the Warminster Journal was also not an ABC (Audit Bureau of Circulation) paper, but was advertised in by Wiltshire Council. He asked if the opportunity to save money in both Melksham and Westbury should not be ignored by advertising in their locally distributed papers.

Cllr Clewer responded by saying that it was not an efficient use of resources to advertise traffic regulation orders in newspapers but was currently required. On the detail of the current methods of advertising he stated officers were undertaking a review at his request, as this was an operational matter.

In relation to question 23-24 Cllr Caroline Thomas, Cabinet Member for Transport, Streetscene, and Flooding, provided a verbal response. She stated the Salisbury Joint Transportation Plan Committee existed prior to the unitary council in 2009, and Area Boards had been established for local transport discussion. The council was happy to host local events where appropriate, and did not consider a committee as proposed as necessary or appropriate.

Cllr Brian Dalton made a supplementary question in response, saying he was disappointed by the reply as he did not consider the Area Board had sufficient powers on these matters. He asked if further powers could be delegated to the Area Boards to take delegated decisions relating to transport. Cllr Thomas stated no.

Cllr Derek Walters made a supplementary question in relation to question 23-21, seeking clarity around where agreement from the police was required.

Cllr Thomas replied that if a recommendation for a speed limit reduction was made following an assessment though on the borderline of whether it should be recommended, the police would be contacted regarding their resources to enforce such a reduction if it was made. If they could not, that would be considered in making a final decision.

Cllr Derek Walters made a supplementary question in relation to question 23-22, asking if Members could receive feedback on the responses from the police, as his understanding was they were only involved when the decision was marginal.

Cllr Thomas stated she would need to consult with officers before responding in writing.