Agenda and draft minutes

No apologies were received.

To confirm and sign the minutes of the Cabinet meeting held on 15 November 2011.

The minutes of the meeting held on 15 November 2011 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 15 November 2011.

To receive and note the minutes of the Capital Assets Committee held on 15 November 2011

The minutes of the Capital Assets Committee of Cabinet held on 15 November 2011 were received and noted.

The Leader made the following announcements:

(a)  Royal Wootton Bassett signs

The Leader reported that an online auction through e-bay had been arranged by the Council for the sale of two original and two new signs for Royal Wootton Bassett.  Two of the signs would remain in the Town. Monies raised from the sale would be donated to the charity, Help for Heroes. The sales were launched at Tedworth House, Tidworth earlier that morning attended by the Leader and Deputy Leader.  A link to the auction website would be available from the Council’s website.

(b)  Amesbury Carol Service

The Leader reminded Councillors that a Wiltshire Council Carol Service would be held at St Mary and St Melor Church, Amesbury at 7pm that evening and urged Councillors to attend where possible.

The Leader referred to the letter previously sent to all Councillors from the Monitoring Officer which gave specific advice on declarations of interest in respect of the item on Aggregate Minerals Site Allocations DPD (minute no. 168 refers)

There were no declarations of interest.

The Council welcomes contributions from members of the public. This meeting is open to the public, who may ask a question or make a statement. Written notice of questions or statements should be given to Yamina Rhouati of Democratic Services by 12.00 noon on 9 December 2011.  Anyone wishing to ask a question or make a statement should contact the officer named above.

No requests for public participation had been received. The Leader explained that as usual she would be happy for members of the public present to take part during the meeting. Details of public speakers are referred to at the beginning of minutes where there was public participation.

Cllr Deane raised the issue of the lack of water in the rivers at Mere. The problem was recently highlighted at the South West Wiltshire Area Board on 7 December 2011 when the Area Board agreed to raise its concerns with Cabinet. Cllr Deane explained the background and that in addition to low rainfall levels, the problem was exacerbated by the significant abstraction of water by Wessex Water under licence with the Environment Agency.

Cllr Sturgis, Cabinet member for Waste, Property, Environment and Development Control Services acknowledged the problem and explained that low water levels was affecting many parts of the County which therefore involved other water authorities.  Cabinet members agreed that representations should be made including with the Member of Parliament for Newbury who was also the relevant Minister in this case.

The Leader agreed that initially, a letter of representation on behalf of concerned Wiltshire communities be sent to Wessex Water and the Environment Agency with a copy to the Rt Hon Richard Benyon MP for Newbury. That a meeting with the relevant agencies be arranged for the New Year.

 Report by Maggie Rae - Corporate Director – Public Health & Wellbeing is circulated.

Mrs E A Chettleburgh addressed Cabinet on this issue.

Cllr Keith Humphries, Cabinet member for Public Health and Protection Services presented the Council’s draft Air Quality Strategy for adoption. He gave a detailed power point presentation on air quality measures and the main points of the proposed Strategy. This would bring together strategies from the legacy councils taking into account new legislation.

The Strategy would provide high level guidance to inform policy and direction across a range of Council services with the aim of improving air quality. The Strategy included a 17 point action plan which identified improvements to collaborative working, information sharing and communication on air quality issues. Also included were 10 strategic objectives to secure better health outcomes for individuals and communities in Wiltshire.

Adoption of the Strategy would be a key step in the development of a consolidated Air Quality Action Plan for Wiltshire which would set out specific measures the Council intends to produce in pursuit of air quality objectives.

Cllr Humphries was thanked for his excellent presentation.

Resolved:

That the Air Quality Strategy be adopted.

Reason for decision

The Enforcement Act Part IV places a duty on Wiltshire Council to monitor and achieve the Air Quality Objectives contained in the National Air Quality Strategy and regulations. The Strategy contributes to discharging this duty and improving air quality in Wiltshire.

           Report by the Service Director - Economy and Enterprise is attached.

Cllr de Rhe Philipe, Cabinet member for Economic Development and Strategic Planning presented the proposed Pre-submission Wiltshire and Swindon Aggregate Minerals Site Allocations Development Plan Document (DPD) for approval for publication and consultation. The report also sought endorsement of the document for onward recommendation to Council in May 2012 (subject to there being no substantive changes required as a result of the consultation) for the purpose of submission to the Secretary of State for Independent Examination.

The draft DPD together with supporting documents would be published for consultation from for a period of six weeks in accordance with the Council’s Statement of Community Involvement and statutory requirements. Details of the consultation arrangements were outlined in the report presented. It was noted that the proposed strategy now involved 8 sites which were relatively accepted.

During consideration, a number of points were raised which included seeking support of a weight limit for Latton, impact on habitation and the reuse of sites for landfill. Councillors were advised to raise any issues during consultation. Cabinet was reassured that the aim would be to restore sites rather than reuse them for landfill.

Resolved:

That Cabinet:

a)            Approves the Pre-submission draft Aggregate Minerals Site Allocations DPD for publication for a six week formal consultation to commence as soon as is reasonably practicable.

b)           Endorses the Pre-submission draft Aggregate Minerals Site Allocations DPD and recommends that following the consultation Full Council approves the document for the purpose of Submission to the Secretary of State, subject to there being no representations which, in the opinion of the Director for Economy and Enterprise in consultation with the Cabinet Member, raise fundamental issues on the soundness of the Strategy.

c)            Authorises the Director for Economy and Enterprise, in consultation with the Cabinet Member, to make any necessary amendments to the document in the interests of clarity and accuracy before it is published, and to make the arrangements for consultation.

Reason for decisions

To ensure that progress continues to be made on preparing an up-to-date minerals policy framework for Wiltshire (and Swindon) in line with the timetable set out in the Council’s revised Local Development Scheme and statutory requirements. Once adopted, the Aggregate Minerals Sites Allocations DPD will form part of the Council’s policy framework.

Report by Carlton Brand, Corporate Director is attached which was agreed by the Capital Assets Committee at its meeting on 15 November 2011 for onward recommendation to Cabinet.

Cllr Sturgis, Cabinet member Waste, Property, Environment and Development Control Services presented a report previously considered and approved by the Capital Assets Committee for onward recommendation to Cabinet.

The report concerned making provision in the capital programme to ensure the Council was able to meet the requirements of the Nitrate Pollution Prevention Regulations 2008 on its Rural Estate, details of which were provided.

The Capital Assets Committee had recommended Council via Cabinet to approve the allocation of additional capital funding to the Rural Estates Capital Programme. If endorsed by Cabinet, this would be included in the  Capital Programme to Council as part of the budget proposals.

Recommended to Council:

That Council approve the allocation of additional capital funding to the Rural Estates Capital Programme as follows:

Reasons for Decision

To reduce the risk of prosecution, loss of income and to safeguard the Council’s reputation.

Report by the Service Director - Finance is attached.

Cllr John Brady, Cabinet member for Finance, Performance and Risk presented a report which sought approval of a timetable for setting the 2012/13 Council tax, rents, fees and charges and National Non-Domestic Rates (NNDR).

This would involve the availability of budget documents by 31 January, Joint Overview and Scrutiny Committees on 9 February, Cabinet on 15 February and culminating with the Council meeting on 28 February 2012.

Consultation on the budget proposals would be undertaken with a number of public meetings across the County and meetings with rate payers and representatives of trade unions.

Resolved:

That Cabinet approves the timetable and level of consultation as set out at paragraph 6 of the report presented.

Reason for decision

To enable the Council Tax to be set in the statutory timetable.

Report by the Service Director - Finance is attached.

Mrs Bobby Chettlebrugh addressed Cabinet on this item.

Cllr John Brady, Cabinet member for Finance, Performance and Risk presented a report which advised Cabinet of the revenue budget monitoring position as at the end of Period 7 (October 2011) for the financial year 2011/2012 and highlighted significant new cost pressures or changes since the last report to Cabinet on 18 October 2011.

The Period 5 budget monitoring report identified significant potential cost pressures that totalled £2.859 million. This period identified improvements in these cost pressures totalling £1.320 million. This gives revised potential cost pressures of £1.539 million at period 7.

It was noted that further action was being taken to balance the budget by 31 March 2012 as outlined in the report presented.

If the budget was balanced by the end of the financial year, the year end balance on the general fund reserves was projected to be £11.551 million which  would meet the requirement to keep robust reserves as set out in the Council’s financial plan.

Resolved:

That Cabinet notes the outcome of the Period 7 (October 2011) budget monitoring and the updated movements since the previous report in October.

Reason for decision

To inform effective decision making and ensure a sound financial control environment.

Report by the Service Director - Finance is attached.

Cllr John Brady, Cabinet Member for Finance, Performance and Risk presented a report which sought approval of the proposed Council Tax Base for 2012-13.

It was noted there was a requirement for the Council to approve its tax base annually and notify any precepting authorities before 31 January 2012. Parish and Town Councils would also be notified of the tax base for their respective areas.

Details of how the tax base was calculated and the proposed tax base were presented.

Cllr de Rhe Philipe and the Chief Finance Officer responded to questions. It was noted that the Council would review the position on council tax discount on holiday homes once the Finance Act goes through.

Resolved:

That Cabinet approve the Council Tax Base for 2011-12 as set out in Appendix 1 to the report presented.

Reason for decision

Before the Council Tax can be set by the Council on 28 February 2012 a calculation has to be made and approved of the Council Tax Base, which is an annual requirement as laid out in the Local Government Act.

Report by Carlton Brand – Corporate Director is attached.

The following members of the public addressed Cabinet on this item:

Mrs E A Chettleburgh, Mr Allan Bosley – Chairman of Corsham COB,

The Reverend Canon Thomas Woodhouse.   

Cllr Stuart Wheeler, Cabinet member for Campus Development and Culture presented a report which included the business cases associated with the campus proposals for the community areas of Corsham, Melksham and Salisbury.

Cabinet approval was sought to deliver these proposals using previously allocated funds within the capital programme funded in the current Business Plan. The report also updated Cabinet on progress being made to date on the development of campus proposals across Wiltshire and sought confirmation of Cabinet’s views on the direction of the next phase of proposals.

Details of the working proposals for the Corsham, Melksham and Salisbury campuses were presented which included an outline of the facilities and services that would be provided.

The Leader explained that on becoming a unitary authority it was evident that Council assets across the County including leisure facilities were suffering from a lack of investment. The Council was investing to ensure communities had access to good leisure facilities for both enjoyment and improved health. Such investment would also provide much needed employment and business opportunities.  The Leader also emphasised that the Council was working very closely with communities to ensure provision matched what the community actually wanted.

Cllr Wheeler explained the campus scheme which was in accordance with the Campus and Operational Delivery Programme as previously authorised by Cabinet at its meeting on 15 February 2011. He guided Cabinet through the list of proposed facilities for the three campuses.  He paid tribute to the inspirational amount of volunteer help and communities coming together and the work of the Shadow Community Operation Boards (Shadow COBs).

Cllr Wheeler responded to questions including questions from members of the public. He thanked Mark Stone and his team for all their hard work in the campus project.

Resolved:

That Cabinet:

a)              approve the financial resources required to develop the proposals set out in section 22 of this report and further detailed in appendices A, B and C;

b)              approve the statement in section 27 of this report regarding the provision of licensed catering facilities within campus developments;

c)              Expand the capacity to develop campus proposals by supporting the establishment of Shadow Community Operation Boards, subject to Area Board approval, in the four remaining community areas within Wiltshire where this is yet to occur;

d)              confirms Cabinet’s previous decision dated 15 February 2011 that the Campus & Operational Estate Management team continue to work with the Shadow Community Operations Board to develop alternative delivery model proposals for consideration by Cabinet in Spring 2013, building on the conversations already held at a local and national level;

e)              requests the Campus and & Operational Estate Management Team to formally make the required approaches to partners including the Defence Training Centre regarding exploring funding options for Royal Wootton Bassett.

Any other items of business, which the Leader agrees to consider as a matter of urgency.

To consider passing the following resolution:

To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item Number 16 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in  paragraph 3 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Resolved:

That in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in the following item because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in  paragraph 3 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Confidential report by Carlton Brand – Corporate Director is attached.

Cabinet considered confidential details which related to the financial aspects of the item at 173 above. This included commercially sensitive information at this stage eg the proposed capital investment required to develop the campus facilities and the potential capital receipt attributable to assets recommended for disposal.

Resolved:

That the confidential report be received and noted.

Reason for decision

To keep Cabinet advised of the financial position on this phase of the Campus proposals.