Agenda and minutes

There were no apologies.

To confirm and sign the minutes of the Cabinet meeting held on 1 June 2021, previously circulated.

The minutes of the meeting held on 1 June 2021 were presented.

Resolved:

To approve as a correct record and sign the minutes of the meeting held on 1 June 2021 at a later date, subject to all references to Chair and Vice-Chair being replace with Leader and Deputy Leader respectively.

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

There were no declarations of interest.

There were no Leaders announcements.

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. Questions may also be asked by members of the Council.  Written notice of questions or statements should be given to Stuart Figini of Democratic Services stuart.figini@wiltshire.gov.uk/  01225 718221 by 12.00 noon on Wednesday 23 June 2021. Anyone wishing to ask a question or make a statement should contact the officer named above.

The Leader of the Council reported that a large number of questions had been received in relation to the Chippenham HIF and as this item was due to be considered by Cabinet at its meeting on 13 July 2021, he would take those questions at that time.

Questions were received from the following members of public:

• Cllr Campbell Ritchie – Malmesbury Town Council

The Leader explained that the questions had received written responses which were published on the Council’s website. A supplementary question was asked by Cllr Grant on behalf of Cllr Ritchie about the specific plan and timescales for making funding available in Wiltshire. The supplementary question with response will be included in a re-published Supplement 2 to the agenda.

In addition to the above public questions, a number of questions and comments were received from:

·       Cllr Carole King – Care Leavers

·       Cllr Liz Alstrom - Chippenham Traffic Lights

·       Cllr Ian Thorn – Westbury Incinerator and Home Farm Trust at Horsebrook, Calne

·       Cllr Gordon King – Cleveland Bridge, Bath and Clean Air Zones impact on towns in West Wilts, Westbury relief road and Westbury Incinerator

·       Cllr Sam Pearce-Kearney – New Councillors training programme and future training opportunities

·       Cllr Paul Sample JP – De-trunking of the A36 from Southampton to Bristol   

·       Cllr Bridget Wayman – Ash die back

·       Cllr Adrian Foster – Westbury Incinerator

·       Cllr Cape – Chippenham HIF

·       Cllr Jon Hubbard – LGA Training Courses

·       Cllr Gavin Grant – Ash die back

The above questions and comments received verbal responses at the meeting and a number would also receive written responses following the meeting.

      Report of the Chief Executive

Cllr Nick Botterill, Cabinet Member for Development Management, Strategic Planning and Climate Change presented the report which provided an update on the Wiltshire Local Plan Review following the recent consultation. In introducing the report, he acknowledged that (given the questions and statements made) there appeared to be some misunderstanding about the purpose of the report and explained that no decisions were being made at the meeting about policies for the draft plan but on further evidence that would be needed, which we shouldn’t prejudge the outcome of. It is an update report that sets out an initial summary of the main issues from people responding to the consultation. He explained that the Council had a legal duty to prepare the plan and despite the pandemic it was important to continue with the consultation following Government guidance.   

The Cabinet noted that following their approval on 1 December 2020, consultation was undertaken on the Wiltshire Local Plan Review between 13 January 2021 and 9 March 2021. The report provided an initial summary of the main issues that were raised through the consultation and the next steps. It was felt that the consultation was a success due to the numbers of responses and comments received, especially during the time of the pandemic. 

The report highlighted that development needs must be planned for positively, and that difficult choices will need to be made. Concerns noted from local communities centred around environmental issues, ability for infrastructure to cope (particularly health, education and transportation) and the view that while significant housing has taken place this has not been matched with new jobs. An understanding of the issues and concerns are an important part of the work going forward, and these would need to be considered alongside the development of new evidence to inform policies within the draft Plan.

The Cabinet were informed that it is good practice to update the evidence base for a Local Plan throughout the plan’s preparation, and there was a need for further technical evidence on a range of issues, and these were detailed in the report.

Following some concerns from the public about timescales and process, the Leader explained that, as indicated above, Cabinet considered a report on the progression of the Local Plan in December 2020, at which point it was agreed to go out to consultation on the key component to inform the Local Plan and a report would be brought back to Cabinet following the consultation which ended in March. Since that consultation has closed and responses digested, the Council had advertised that it would be bringing an update on the Local Plan Review to Cabinet on its Forward Work Plan which was published on 28^th May.

The deadline for Cabinet questions has not changed. Whilst late questions will be accepted, the deadline is there to allow time for responses to be prepared; where questions are submitted later, this may mean a response cannot be provided ahead of the meeting.  If Cabinet agreed the  ...  view the full minutes text for item 15.

      Report of the Chief Executive

Cllr Jane Davies, Cabinet Member for Adult Social Care, SEND, Transition and Inclusion presented the report which provided detail about the future of the housing relating support (HRS) service.

Cllr Davies explained that the HRS is a discretionary rather than statutory service, which is delivered by Somerset Care and Cera Care and was designed to promote independence and prevent the breakdown of tenancies. The service model is now considered outdated against more effective models of independent living.

The Cabinet noted the background to the HRS and how it had developed over the years to its current form. In recommending a preferred option for the HRS service, the council has identified duplication of tasks with other services, and also considered the social care needs profiles of residents living across the 130 sheltered sites. Each resident is able to opt-in to the service, and currently only 40% of eligible tenants opt-in at a cost of £957,987 per year.

The report detailed the outcome of a consultation that took place during November – December 2020 for residents to comment on how they use the service and the support they might need in the future.

In response to questions raised by Cabinet members, Cllr Davies and officers (i) provided reassurance that residents would be able to access the same type of provision from existing resources elsewhere via registered social landlords and other community services; (ii) highlighted concerns about social isolation and the need for residents to be connected to local community groups; (iii) registered providers had a duty to help tenants to prevent tenancy breakdown and evictions for tenants in particular vulnerable tenants. 

In response to a question from Cllr Ian Thorn about his concerns that effective scrutiny of the proposals by the Health Select Committee was not being undertaken until after Cabinet had made their decision. Cllr Davies explained that the proposals provided for a further consultation with residents on the preferred position and the final decision to be delegated to the Director of Joint Commissioning in consultation with the Cabinet Member forAdult Social Care, SEND, Transition and Inclusion and the Corporate Director ofPeople, therefore allowing sufficient time for effective scrutiny of the transitional arrangements by the Health Select Committee on 6 July 2021. It was also noted that the Chair and Vice-Chair of the Health Select Committee had received a briefing on the proposals on 16 June 2021.

In response to a question from Cllr Chuck Berry about the need to consider TUPE regulations. Cllr Davies confirmed that the TUPE Regulations would be considered as part of the proposal.

Cllr Gordon King, Vice-Chair of Health Select Committee confirmed that he and Cllr Jonny Kidney had received a briefing where there was a full debate about the proposals.  Cllr King commented on the savings being generated by the proposals.  Cllr Davies confirmed that the proposals were not about making savings and funding will be used to ensure the right services are in place for people who need them.  ...  view the full minutes text for item 16.

Report of the Chief Executive

Cllr Phil Alford, Cabinet Member for Housing, Strategic Assets and Asset transfer presented the report which provided detail about (i) capital receipts targets for the last three years and the new targets for the next two financial years; and (ii) to confirm the freehold interest in the assets can be sold to either generate capital receipts in support of the Council’s capital programme or reused to generate income for the Council.

In response to a question raised by Cllr Ian Thorn about the disposal of the former Ambulance and Fire Station and whether this could be offered to Calne Town Council. Cllr Alford confirmed that all assets surplus to the core requirements of the Council are available for alternate uses. One option being disposal where the capital realised can then be used to support further investment. However, all assets would have to follow the agreed processes for disposal.

In response to a question from Cllr Gavin Grant about the role of the Stone Circle Companies in the reallocation of surplus assets; Cllr Alford and officers confirmed that Appendix 1 contained detail about the process for surplus assets and the review process for commercial opportunity. 

Resolved:

·       To note theposition inrespect of disposalsfor financialyears 2021/22and theprojected receipts for 2022-4.

·       To confirm that the freehold interest of the 3 assets can be sold by theCouncil.

·       To authorise the Director for Housing and Commercial Development todispose of the freehold interest in the assets or in his absence theCorporate Director – Resources, following consultation with the CabinetMember for Leisure, Libraries, Governance, Facilities Management andOperational Assets; and Cabinet Member for Strategic Assets and Asset  Transfer.

Reason for decision:

To note the current position in respect of capital receipts and the new targets for the next two financial years and confirm the freehold interest in the assets can be sold to either generate capital receipts in support of the Council’s capital programme or reuse to generate income for the Council.

      Report of the Chief Executive

Cllr Pauline Church, Cabinet Member for Finance & Procurement, Commissioning, IT, Digital and Commercialisation presented the report which highlighted the need to replace the current energy purchasing arrangement, which expires on 31March 2022 to enable the council to continue to deliver cost-effective electricity and gas supplies to the corporate, housing, streetlighting and school portfolios.

Questions were received from the following:

·       Karen Crawford

·       Andrew Nicolson – Wiltshire Climate Alliance

The Leader acknowledged that the questions had received written responses which had been published on the Council’s website prior to the meeting.

Supplementary questions were asked by Andrew Nicolson about de-gassing and green gas and the shape of the emissions reduction over time. A written response would be provided after the meeting.

The Cabinet consider the exempt information contained in the appendix to the report and in Part II of the meeting before making a decision on the matter.

Resolved:

See minute 21 below

Reason for Decision:

The current energy purchasing arrangement expires on 31March 2022 and needs to be replaced to enable the council to continue to deliver cost-effective electricity and gas supplies to the corporate, housing, streetlighting and school portfolios.

There were no urgent items.

This is to give further notice in accordance with paragraph 5 (4) and 5 (5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 of the intention to take the following item in private.

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 Numbers 12 and 13 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.

Reason for taking item in private:

Paragraph 3 - information relating to the financial or business affairs of any particular person (including the authority holding that information).

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 Numbers 12 and 13 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.

                 Report of the Chief Executive

Reason for taking item in private:

Paragraph 3 - information relating to the financial or business affairs of any particular person (including the authority holding that information).

Cllr Pauline Church, Cabinet Member for Finance & Procurement, Commissioning, IT, Digital and Commercialisation presented the appendix to the report considered at item 9 of the agenda containing the names of the proposed framework provider.

Resolved:

1. To approve the winning framework provider as the method by which we purchase electricity and gas supplyfrom 1April 2022 for 5 years.

2. To delegateauthority tothe Directorof Housing& CommercialDevelopment, inconsultation withthe CabinetMember forFinance, Procurement,Commissioning, IT,Digital andCommercialisation toproceed with award through the framework from 1st April 2022 for 3-yearterm.

3. To delegate authorityto theDirector ofHousing &Commercial Development,in consultationwith thewith theCabinet Memberfor Finance,Procurement, Commissioning, IT, Digital and Commercialisation, to utilisea 2-year extension option subject to adequate supplier performance andmutual agreementby bothparties.

Reason for Decision:

The current energy purchasing arrangement expires on 31March 2022 and needs to be replaced to enable the council to continue to deliver cost-effective electricity and gas supplies to the corporate, housing, streetlighting and school portfolios.

                 Report of the Chief Executive to follow.

Reason for taking item in private:

Paragraph 3 - information relating to the financial or business affairs of any particular person (including the authority holding that information).

Cllr Richard Clewer, Leader of the Council and Cabinet Member for MCI, Economic Development, Heritage, Arts, Tourism and Health & Wellbeing confirmed that his item was being considered outside of the 28 days notice of the Cabinet Forward Plan, so that an urgent decision could be taken by the Cabinet in relation to the proposals contained in the report and that additional funding is released to complete the project. The Leader explained that this had been undertaken with the approval of both Cllr Stuart Wheeler, Chair of the Council and Cllr Graham Wright, Chair of the Overview and Scrutiny Management Committee in accordance with the procedures set out in the Council’s Constitution.

a)    Porton Science Park – Further Fit Out

Cllr Richard Clewer, Leader of the Council and Cabinet Member for MCI, Economic Development, Heritage, Arts, Tourism and Health & Wellbeing presented the report which (i) provided detail about discussions with an existing tenant requested use of a portion of the first floor Grow-On Space at the Council’s new Phase 2 Collaborative Innovation Centre at Porton Science Park, and (ii) sought approval for the Council to carry out fitting out works to the Grow On Space to facilitate early uptake of this space.

Questions were received from Karen Crawford. The Leader acknowledged that the questions had received written responses which had been published on the Council’s website prior to the meeting.

In response to a question raised by Cllr Laura Mayes, Deputy Leader and Cabinet Member for Children’s Services, Education and Skills, Officers confirmed that works of this nature had been undertaken previously for another existing tenant

Cllr Jerry Kunkler requested that details of the project should also considered by the Environment Select Committee as the project progressed. Cllr Pip Ridout confirmed that the Financial Planning Task Group had considered this issue at a previous Task Group meeting. 

Resolved:

1.    To agree that the Council undertakes the fit out of the Grow On Space at the Porton Collaborative Innovation Centre subject to the Council first entering into an Agreement for Lease with the existing tenant, or such other document or documents as are required to ensure repayment of the fit out works;

2.    To delegate authority to the Director of Housing and Commercial Development (in consultation with the Legal Services, Procurement and the section 151 Officer as appropriate and the Leader of the Council and Cabinet Member for Economic Development, MCI and Communications and Cabinet Member for Finance, Procurement and Commercial Investment) to enter into an agreement for lease, lease and such other legal document(s) (including any contracts for carrying out of the said fitting out works) as are required to give effect to the proposal set out in (1) above; and

3.    allocate £0.53 million from other capital schemes, to be confirmed, to cover the estimated costs of the fit out works in the 2021/22 capital programme.

Reason for Decision:

To support an existing tenant looking to expand into the Grow-on space and thereby secure a tenant from the  ...  view the full minutes text for item 22.