Agenda and minutes

To receive any apologies for absence or substitutions for the meeting.

Apologies were received from Cllrs Peter Doyle, Tom James and Leo Randall.

Cllr James was substituted by Cllr George Jeans.

Cllr Randall was substituted by Cllr Anthony Trotman.

To approve and sign the minutes of the Environment Select Committee meeting held on 11 June 2012.

The minutes of the meeting held on 11 June 2012 were presented. It was,

Resolved:

To APPROVE the minutes as a true and correct record.

To receive any declarations of pecuniary and non-pecuniary interests or dispensations granted by the Standards Committee.

There were no declarations.

To receive any announcements through the Chair.

The Chairman made the following announcements:

1)    The Chair and Vice Chair have had a series of constructive meetings with Service Directors and Cabinet Members on the topics on the Environment Select Committee Work Programme and are keen to continue to have periodic informal meetings with them.

As a consequence of this, the Chair and Vice-Chair consider that much of the work on the current topics would be better undertaken by either Task Groups or through Rapid Scrutiny Exercises. Therefore, we envisage that it will only be necessary in future for the Environment Select Committee to meet once a quarter, rather than the six times a year which are allowed under the Terms of Reference.

While this new structure of a greater number of Task Groups and Rapid Scrutiny Exercises is implemented, it is expected that the next two meetings will proceed as scheduled, with quarterly meetings sufficient from then on.

2)    Forward Work Programme: Members were reminded that any suggested alterations to the Forward Work Programme from the Committee, would have to be endorsed by the Overview and Scrutiny Management Committee, in line with the new Scrutiny arrangements agreed by Council in May 2012.

3)    Item 10 as listed in the Agenda Pack - Call-in of Delegated Decision: Proposed Application to Stop Up North Bradley Footpath One - is to be brought forward as the first substantive item of business.

To consider a call-in request of the Delegated Decision on the proposed application to stop up North Bradley Footpath One.

A report by the Scrutiny Manager (and Designated Scrutiny Officer) is attached.

A report had been circulated on the call-in procedure along with the delegated decision.  The Chairman introduced the item and explained that as he had called in the item, he now sought the Committee’s approval to withdraw the item from the agenda, having been satisfied that a meeting between the Cabinet Member and Local Member had taken place prior to the implementation of the published delegated decision.

The Cabinet Member for Highways and Transport, Cllr Richard Tonge, then spoke regarding the item, indicating that the reason given by the Chairman for the withdrawal of the item would not be appropriate.  Some Members then spoke in support of the Cabinet Member’s view and it was on that basis that the Chairman agreed to allow the item to stand.

A motion was then moved immediately in response to views expressed and it was,

Resolved:

1)    That the Environment Select Committee was satisfied that no further action was necessary and therefore the Cabinet Member could implement the decision immediately.

2)    To note that it was the Cabinet Member’s intention to reissue the delegated decision to reflect the full consultation that had taken place.

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 or members of the Council 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 no later than 5pm on Wednesday 22 August 2012.  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 Committee members prior to the meeting and made available at the meeting and on the Council’s website.

There were no questions or statements from the Public or Members.

The Environment Select Committee has expressed sustained interest in the future implementation of the Community Infrastructure Levy (CIL), awaiting the completion of government regulation.

The Service Director (Economy and Regeneration) will present a short update on the Community Infrastructure Levy (CIL). A briefing paper, previously circulated, is attached for reference.

The Environment Select Committee has expressed sustained interest in the future implementation of the Community Infrastructure Levy (CIL), awaiting the completion of government regulations.

The Service Director (Economy and Regeneration) presented an update on the development of the Community Infrastructure Levy, noting that a report on the next stage of progression, consultation on the Wiltshire Draft Charging Schedule, would be appearing at Cabinet on 10 September 2012, stating that it was envisaged that Scrutiny involvement would be appropriate and appreciated following the first consultation which would end in late November 2012.

The Service Director (Economy and Regeneration) explained that the total amount likely to be generated by the CIL would be less than previously expected, and clarified that the rates that would be set by the Charging Authority (Wiltshire Council) could be decided to be highly varied based on geography, use and scale of developments. It was stressed that an appropriate balance would need to be struck between the infrastructure funding gap, the gap between the predicted required infrastructure costs and funding, and the impact on a developments economic viability across Wiltshire as a whole, and that the CIL would be unlikely to pay for the entire infrastructure gap.

The Committee was further informed that the Council had a choice between a simple method of rate setting or more complex, locally dependent set of rates, and that the method chosen would be independently examined, checking the evidence behind the decision, the risk to development and compliance with statutory regulations.

After the presentation, the Committee debated the issues raised. The level of flexibility in altering the chosen CIL rate was queried, and it was confirmed that as economic circumstances changed, rates could be altered through proper procedures at a reasonable point in time. It was also confirmed that due to differing viability for development across the county, it was expected and acceptable that in some areas affordable housing targets would not be met as a result of CIL rates, and that this was true of some areas even without any CIL rate.

In response to queries, it was stated that the CIL would need to be in place prior to development, but incremental charging could be in place in the event of alterations to the planned development altering the appropriate levy. Concerns were also raised regarding potential increased administration and the implications on specific areas if a flat rate were implemented.

At the conclusion of debate, it was,

Resolved:

That a Task Group be set up with immediate effect to report to the Committee in February 2013 on recommendations on the future implementation of the Community Infrastructure Levy.

The Overview and Scrutiny Management Committee agreed on 17 July 2012 for the Environment Select Committee to consider future options for the delivery of waste services.

A report by the Service Director (Waste Management Services) is attached on the review of service and strategy and ensuing proposals for countywide waste disposal options ahead of Cabinet on 23 October 2012.

Following consideration of the report the Committee will determine whether any future scrutiny involvement is required and in what form it should take.

The Overview and Scrutiny Management Committee agreed on 17 July 2012 for the Environment Select Committee to consider future options for the delivery of waste services.

The Service Director (Waste Management Services) introduced a report on the review of service and strategy and ensuing proposals for countywide waste disposal options ahead of Cabinet on 23 October 2012, and welcomed future involvement with Scrutiny.

The Committee discussed the report, raising issues including the importance of environmental considerations, options for green waste collection, and the request from officers for a Member of the Committee to act as a liaison between Overview and Scrutiny and the Waste Service.

In response to queries, it was stated that the service review had been implemented as a result of the harmonization of the service now being complete and several contracts coming to a close in 2014 and 2016 respectively, and that examination at the current stage would enable input into the preparation for the future tendering processes.

After discussion, it was,

Resolved:

1)    That a Task Group be appointed to examine the options presented in paragraphs 13-28 of the agenda report, to present their conclusions in February 2013.

2)    That Cllr Alan Hill be appointed as Liaison between the Environment Select Committee and the Waste Service.

The Committee and its predecessor has held a longstanding interest in the development of the Council’s Air Quality Strategy, considering draft versions in July 2010 and 2011. On 1 November 2011 the previous Environment Select Committee offered general endorsement of and comments regarding the Strategy, and requested an update on the delivery of the Strategy in May 2012. The Strategy was adopted by Cabinet on 13 December 2011.

Following the implementation of the new Overview and Scrutiny Arrangements, the Overview and Scrutiny Management Committee on 17 July resolved to retain the Air Quality Strategy as a legacy item for the Environment Select Committee to consider, and that proposals for future involvement of the Environment Select Committee would be presented at the meeting on 30 August.

Members are to consider a report by the Service Director (Public Protection) commenting on how Overview and Scrutiny can best be involved, and updating on the current position and progress of the strategy and associated issues.

The Committee and its predecessor has held a longstanding interest in the development of the Council’s Air Quality Strategy, considering draft versions in July 2010 and 2011. On 1 November 2011 the previous Environment Select Committee offered general endorsement of and comments regarding the Strategy, and requested an update on the delivery of the Strategy in May 2012. The Strategy was adopted by Cabinet on 13 December 2011.

The Cabinet Member for Public Health and Protection Services, Cllr Keith Humphries, was in attendance with the Public Protection Manager (Food and Environment) and Environmental Health Officer (EC & P), and presented an update on developments regarding the Air Quality Strategy. A brief report was presented to the Chair and is attached to these minutes for the attention of Members.

The Cabinet Member stressed that Air Quality was a highly complex subject and a significant part of Public Health, and welcomed increased engagement with Scrutiny in the future.

The Committee discussed the update report, and requested information on the development of draft Air Quality Plans for specific geographic areas, and debated the importance of Health involvement in any scrutiny of the Air Quality Strategy.

After discussion, it was,

Resolved:

To return the item to the Overview and Scrutiny Management Committee with the recommendation that the matter be investigated at the appropriate time by a joint Task Group of environment and health.

To receive updates on the progress of items on the forward work programme.

Under the revised Overview and Scrutiny (OS) arrangements there is now a single OS work programme controlled by the OS Management Committee, linked to priorities in the Business Plan.

Therefore it should be noted that, whilst any matters added by Members are welcome, they will be referred to the OS Management Committee for approval before formal inclusion in the work programme for the Environment Select Committee.

An update on scheduled topics and a copy of the OS Forward Work Programme for Environment Select are attached for reference.

The Chairman introduced the item as detailed in the agenda, stating that the proposed changes would give greater opportunities for deeper and more detailed Overview as well as Scrutiny for the Committee in future.

The Committee had the opportunity to discuss the proposals and any other suggestions for changes to the Forward Work Programme, recognizing that alterations or additions would require the endorsement of the Overview and Scrutiny Management Committee. The need for expert advice and assistance for the Energy Efficient Homes Task Group, if approved, was raised.

The Committee also expressed support for the proposal to meet quarterly from February 2013 in line with the Committee’s intention to undertake more Rapid Scrutiny Exercises and Task Groups, though with further meetings being scheduled if necessary and appropriate.

After discussion, it was,

Resolved:

1)    Energy Efficient Homes

That a Rapid Scrutiny Exercise be appointed to review the draft guidelines and the evidence on which they are based in a session to involve an expert from the Zero Carbon Hub.

2)    Street Light Savings

That a rapid scrutiny exercise be conducted on receipt of a report from Highways and Transport and that the findings be presented to the Committee on 1 November as a supplementary item. 

3)    Bus Service Review (Marlborough - Bedwyn - Hungerford)

That this item be referred back to the Overview and Scrutiny Management Committee to reconsider its inclusion on the work programme of the Environment Select Committee due to it being a specific service not related to the strategic overview role of the Committee.

4)    Development Services Transformation Programme (task group)

That the Task Group present a final report to the committee on 01 November, to include future recommendations for where scrutiny can ensure that the expected savings and efficiencies have been delivered.

To confirm the date of the next meeting as Thursday 01 November 2012 at Monkton Park, Chippenham, SN15 1ER.

The date of the next meeting was confirmed as 01 November 2012 at Monkton Park, Chippenham.

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

There were no urgent items.