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Agenda and minutes

Venue: Council Chamber Council Offices Market Street Newbury. View directions

Contact: Moira Fraser - Tel: 01635 519045 - Email:  mfraser@westberks.gov.uk 

Items
No. Item

1.

Chairman's Remarks

The Chairman to report on functions attended since the last meeting and other matters of interest to Members.

Minutes:

The Chairman reported that he had attended 33 events since the last Council meeting. He thanked Councillor Carol Jackson-Doerge for attending five events when he was unable to. This brought the total number of events he had attended to 174 for the Municipal Year and  the Vice Chairman had attended 24 events.

Councillor Adrian Edwards highlighted the following events attended since the previous Council meeting: the annual lunch of the Motor Neurone Disease Association of Berkshire,  the visit of Duke of Gloucester to Newbury when he visited Broadway House to present the Queen’s Award for Enterprise to Greenham Common Trust, an X Factor style event at John O’Gaunt School, visits to Mortimer, Wash Common and Newbury Libraries to present prizes to users of the library in Library Week, a performance of the Sound of Music at the Corn Exchange, the Swearing In of the new High Sheriff of Berkshire at Reading Crown Court, visits to schools, the Kennet District Scouts parade, a visit to the United Reformed Church in Newbury for the final service of the minister Keri Eynon who was retiring, the Queens Awards for Voluntary Service at the Guildhall, Windsor, a private viewing of Insight 2013 at the Gallery at New Greenham Arts, a coffee morning at the Newbury Town Hall organised to assist the funding for 3 students who were taking part in a World Challenge expedition to Morocco, the Mayor of Basingstoke’s Charity Concert at the Anvil, a number of citizenship ceremonies, a presentation by the MOVE partnership which supports children and adults with physical disabilities and /or complex needs, the Mayor of Thatcham’s civic reception and the regional finals of the Magistrates Mock Trials  competition for Berkshire Schools at the Crown Court.

The Chairman noted that he had hosted a hosted his charity golf day at the Newbury and Crookham Golf in April 2013. The event was well attended and included several teams from outside the Council. A total of £737 was raised at the event for his nominated charity, Help for Heroes.

The Chairman also highlighted that his second charity quiz night took place on Thursday 25th April at St Bartholomew’s School. The quiz was won by ‘The Buena Vista Anti Social Club’ from the Finance Service. The Chairman thanked the quizmasters Mr and Mrs Smyth who gave their time free for the event. He also thanked employees who organised the event which raised £885 for his nominated charity.

The Chairman stated that it had been a tremendous privilege to be appointed as the Chairman for the 2012/13 Municipal Year. A year that included Queen’s Jubilee celebrations, the Olympic torch though the District, the Olympic Games and the Paralympics, the Queens Garden Party at Henley, a total of 4 royal visits to the District, many events involving the Lord Lieutenant and High Sheriff of the County, events with the Mayors of other Unitary Authorities and the Towns in Berkshire, as well as numerous events involving sporting or charities of one sort or  ...  view the full minutes text for item 1.

2.

Presentations

The Chairman will make presentations to his charity ‘Help for Heroes’, any personal presentations and Long Service Awards to Officers and Members.

 

Minutes:

The Chairman then presented a cheque for £3435 to Mrs Naomi Bdeswick from Help for Heroes, the Charity that he had chosen to support during his year in Office.

The Chairman then went on to make Long Service Awards to the following members of staff:

·         Diane Coulson (Library Assistant at Newbury Library)

·         Jane Walker (Lunchtime Assistant at the Castle School)

·         Kevin Thompson, Principal Trading Standards Officer

in recognition of the 25 years of service that they had provided to the Council. The Chairman thanked them, on behalf of the Council, for their commitment and dedication to public service.

The Chairman also made presented a Long Service Award to Karen Reddings (Telecommunications Manager) in recognition of the 35 years of service that she had provided to the Council. The Chairman thanked her, on behalf of the Council, for her outstanding commitment and dedication to public service.

The Chairman was pleased to announce that Long Service Awards would also be made to long serving elected Councillors for ten, fifteen, twenty and twenty five years service.

The following Members received an award for 10 years of service:

·         George Chandler

·         Marcus Franks

·         ManoharGopal

·         Gordon Lundie

·         Tim Metcalfe

·         Irene Neill

·         Ieuan Tuck

·         Quentin Webb

·         Emma Webster

·         Laszlo Zverko

·         Billy Drummond (who had given his apologies for this evening)

The following Member received an award for 20 years of service:

·         Brian Bedwell

The following Member received an award for 25 years of service:

·         Tony Linden

The Chairman commended the Members on their outstanding efforts.

3.

Election of Chairman for the Municipal Year 2013/14 (C2509)

To elect a Chairman of the Council for the 2013/14 Municipal Year. Following election the Chairman will sign the Declaration of Acceptance of Office.

Minutes:

The Motion was proposed by Councillor Graham Jones and seconded by Councillor Irene Neill that Councillor Keith chopping be elected Chairman of the Council for the Municipal Year 2013/14.  There were no further nominations.

Councillor Jones in proposing Councillor Chopping for the role of Chairman noted that this was the second time he had the privilege of undertaking this activity. He noted that the qualities required of a Chairman included being patient, well spoken, reasonable, impartial knowledgeable, organised and calm and he felt that Councillor Chopping exuded all these qualities in abundance and he was therefore honoured to propose him for the role of Chairman.

Councillor Neill noted that Councillor Chopping was her mentor when she was first elected to the Council and that she had learnt a lot from him over the years and that she was sure that he would do a great job as Chairman.

RESOLVED that Councillor Keith chopping be elected as Chairman of Council for the Municipal Year 2013/14.

(Councillor Keith Chopping in the Chair)

The new Chairman read and signed the Declaration of Acceptance of Office and thanked the retiring Chairman for his year of service. Councillor Chopping thanked the Council for electing him and Councillors Jones and Neill for their kind words.

Councillor Chopping thanked the outgoing Chairman, Councillor Adrian Edwards, for the sterling work he had undertaken during his year of office. He also thanked Mrs Edwina Cooper for the support she had afforded to Councillor Edwards during his year in office. Councillor Chopping then thanked the council for bestowing the honour on him for a second time. He acknowledged that he would be following in the footsteps of the late councillor Keith Lock who had also served two terms and that he would strive to emulate his excellent example.

Councillor Chopping reported that his chosen charity for 2013/14 was Children with Cancer. He had chosen the charity in remembrance of his own brother who had died of leukaemia when he was thirteen years old.

Councillor Chopping alerted Members to the fact that a special Council meeting would be held on the 06 June 2013. Contrary to custom and practice some of the appendices to the reports would be issued to Members in electronic format. Hard copies would be produced for Members that requested them and in addition copies would be available in the Group Support Offices and in the Members’ Room. Members were supportive of this approach.

Councillor Jeff Brooks welcomed the new Chairman and thanked the outgoing Chairman and Vice Chairman for the excellent work they had undertaken.

4.

Appointment of Vice Chairman for the 2013/14 Municipal Year (C2510)

To appoint a Vice Chairman for the 2013/14 Municipal Year. Following appointment the Vice Chairman will sign the Declaration of Acceptance of Office.

Minutes:

The Chairman requested nominations for the position of Vice-Chairman of Council for the Municipal Year 2013/14. In response to this request Councillor David Holtby was nominated by Councillor Jeff Beck and seconded by Councillor Paul Hewer. There were no further nominations for the position of Vice-Chairman.

Councillor Beck in proposing Councillor Holtby  noted that his former role of Conservative Agent had provided him with an opportunity to garner a huge amount of knowledge about the District which would stand him in great stead for this role.

Councillor Hewer stated that Councillor Holtby had many great qualities including the ability to negotiate in difficult circumstance, was always willing to go the extra mile, he was a great champion for people especially the less fortunate, he was calm, mature, a good organiser and always professional.  He was therefore certain that Councillor Holtby would fill the role of Vice Chairman diligently.

RESOLVED that Councillor David Holtby be appointed Vice-Chairman of Council for the Municipal Year 2013/14. 

The Vice-Chairman read and signed the Declaration of Acceptance of Office. Councillor Holtby thanked the Council for electing him. He noted that this was a huge honour and he would support Councillor Chopping to the best of his ability. Councillor Holtby thanked Councillors Beck and Hewer for nominating him and thanked his fellow Councillors for putting their trust in him. Councillor Holtby thanked the outgoing Chairman and Vice-Chairman for the work they had undertaken in the previous year.

5.

Minutes pdf icon PDF 168 KB

The Chairman to sign as a correct record the Minutes of the Council meeting held on 5 March 2013.

Minutes:

The Minutes of the meeting held on 5 March 2013 were approved as a true and correct record and signed by the Chairman subject to the inclusion of the following amendment:

Item 60, page 11, fourth paragraph, replace the word ‘disbanded’ with ‘reduced’.

6.

Declarations of Interest

To receive notice of any Declarations of Interest from Members.

Minutes:

Councillor David Rendel declared an interest in Agenda Item 13, but reported that, as his interest was personal and not a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.

During the discussion of the item Councillor Tony Vickers declared an interest in Agenda Item 13, but reported that, as his interest was personal and not a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.

7.

Appointment of the Executive by the Leader of the Council for the 2013/14 Municipal Year (C2511)

The Leader of the Council to announce the composition of the Executive for the 2013/14 Municipal Year.

Minutes:

Councillor Gordon Lundie announced the appointment of Members to the Executive for 2013/14 as follows:

Councillor

Portfolio

Pamela Bale

Highways, Transport (Operations), Emergency Planning, Newbury Vision

Dominic Boeck

Cleaner & Greener, Waste, Environmental Health, Trading Standards, Thatcham Vision

Hilary Cole

Planning, Transport (Policy), Culture, Customer Services, Countryside

Roger Croft

Strategy & Performance, Housing, ICT & Corporate Support, Legal and Strategic Support

Graham Jones

Health and Well Being, Community Safety

Alan Law

Finance, Economic Development, Health & Safety, HR, Pensions, Property

Joe Mooney

Community Care, Insurance

Irene Neill

Children and Young People, Youth Service, Education

Graham Pask

Partnerships, Equality, Communities, Hungerford and Eastern Area Visions

 

Councillor Gordon Lundie thanked Councillor Adrian Edwards and Mrs Edwina Cooper and Councillor Carol Jackson-Doerge for the work they had undertaken in their respective roles of Chairman and Vice Chairman over the previous Municipal Year. He hoped that Councillor Chopping and Mrs Penee Chopping would have an equally successful year. He thanked the Council for the unanimous support for the appointments of the Chairman and Vice Chairman. He also thanked Councillor Chopping for the support he had given to both himself and Councillor Jones whilst a Member of the Executive. Councillor Lundie welcomed Councillor Graham Pask back onto the executive and welcomed Councillor Boeck to the Executive. He also welcomed Councillor David Allen and Councillor Gwen Mason to the opposition front bench.

8.

Appointment of and Allocation of Seats on Committees 2013/14 Municipal Year (C2512) pdf icon PDF 124 KB

To consider the appointment of and allocation of seats on Committees and associated bodies for the 2013/14 Municipal Year and to agree the Council’s Policy Framework for 2013/14.  

Additional documents:

Minutes:

The Council considered a report (Agenda Item 9) concerning the appointment of and allocation of seats on Committees.

MOTION: Proposed by Councillor Gordon Lundie and seconded by Councillor Pamela Bale:

That:

1.              the Council notes that under paragraph 8 of the Local Government (Committees and Political Groups) Regulations 1990, notice has been received that the Members set out in paragraph 1.1 of this report are to be regarded as Members of the Conservative and Liberal Democrat groups respectively;

2.              the Council agrees to the appointment of the various committees and to the number of places on each as set out in paragraph 2.10 (Table A);

3.              the Council agrees to the allocation of seats to the political groups in accordance with Section 15(5) of the Local Government Act 1989 as set out in Paragraph 3.4 and Table B;

4.              in respect of the District and Area Planning Committees, the substitute Members are all drawn from Members representing wards within the Committee’s area who are not appointed to the Committee;

5.              the number of substitutes on Committees and Commissions be as set out in Paragraph 4.1 (Table C);

6.              the Council approves the appointment of Members to the Committees as set out in Appendix B and in accordance with the wishes of the political groups;

7.              the Council, in accordance with Regulation 4, Schedule 3 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, and the Local Authorities (Functions and Responsibilities) (England) (Amendment no.2) Regulations 2008, agrees the Council’s Policy Framework for 2013/14 be as set out in Paragraph 6.1 and that any appropriate amendments be made to the Council’s Constitution should this be necessary;

8.              the Council, in accordance with Regulation 5, Schedule 4 of the Local Authorities (Functions and Responsibilities) (England) regulations 2000, approves that all other plans, policies and strategies requiring approval and not included in the approved policy framework be delegated to the Council’s Executive;

9.              the Council agrees that Paragraph 2.6.5 of Article 6 of the Council’s Constitution, setting out the Executive Portfolios, be amended to reflect any changes made at the Annual Council meeting;

10.            the appointment of two non voting co-opted parish/town councillors be made to the Standards Committee;

11.           two parish/town councillors and two independent members be appointed to the Standards Committee’s Advisory Panel;

12.           it be noted that the Council has appointed James Rees and John Bingham to be its independent persons.

13.           authority be delegated to the Head of Strategic Support and the Head of Legal Services to amend the Council’s Scheme of Delegation and Overview and Scrutiny Rules of Procedure to reflect the work of the Health Scrutiny Panel and the Resource Management Working Group being subsumed into the Overview and Scrutiny Management Commission;

14.           the Council’s calendar of meetings be amended to reflect that the Health Scrutiny Panel and the Resource Management Working Group have been subsumed in to the Overview and Scrutiny Management Commission.

Councillor Gordon Lundie noted that this was an annual report and that it  ...  view the full minutes text for item 8.

9.

Adjournment of Meeting pdf icon PDF 124 KB

At this point, the Council meeting will be adjourned to enable the Committees appointed by the Council to meet to determine their Chairmen and Vice-Chairmen. The order for each meeting is set out below:

(a)       Overview and Scrutiny Management Commission

(b)       Licensing Committee

(c)        District Planning Committee

(d)       Eastern Area Planning Committee

(e)       Western Area Planning Committee

(f)        Governance and Audit Committee

(g)       Personnel Committee

(h)       Standards Committee

Minutes:

The meeting was adjourned at 8.08pm.

RESOLVED that the meeting of Council be adjourned to enable the various Committees to determine their Chairmen and Vice-Chairmen.

10.

Recommencement of Meeting

At the conclusion of the meeting of the Standards Committee the Council will recommence.

Minutes:

The meeting was reconvened at 8.19pm

11.

Standards Committee Annual Report 2012/13 (C2508) pdf icon PDF 162 KB

To present the Annual Standards Committee report to the Council.

Minutes:

The Council considered a report (Agenda Item 12) which provided Members with an update of the activity undertaken by the Standards Committee over the previous Municipal Year.

MOTION: Proposed by Councillor Dominic Boeck and seconded by Councillor Gwen Mason:

That the Council:

1.      notes the content of the report.

 2.      circulates the document to all Parish/Town Councils in the District for information.

Councillor Dominic Boeck in introducing the item reported that the revised Standards regime appeared to be operating well and he thanked David Holling for his input that had ensured a smooth transition.

The Motion was put to the meeting and duly RESOLVED.

12.

Public Health - Scheme of Delegation (C2651) pdf icon PDF 67 KB

To propose that the Council's Scheme of Delegation is updated to reflect the new Public Health duties placed on the Council in accordance with the Health and Social Care Act 2012.

Minutes:

(Councillor David Rendel declared a personal interest in Agenda item 13 by virtue of the fact that his wife was a GP. As his interest was personal and not a disclosable pecuniary interest he determined to take part in the debate and vote on the matter).

(During the discussion of this item Councillor tony Vickers declared a personal interest in Agenda item 13 by virtue of the fact that his wife was a member of Healthwatch. As his interest was personal and not a disclosable pecuniary interest he determined to take part in the debate and vote on the matter).

The Council considered a report (Agenda Item 13) concerning proposals that the Council's Scheme of Delegation be updated to reflect the new Public Health duties placed on the Council in accordance with the Health and Social Care Act 2012.

MOTION: Proposed by Councillor Jeff Beck and seconded by Councillor Gordon Lundie:

That the Council:

delegates authority to the Head of Strategic Support  to update  the Council's Constitution (Scheme of Delegation) to reflect the Council's duties in relation to Public Health.

Councillor Jeff Beck in introducing the report noted that a range of public health functions had transferred to the Council on the 01 April 2013. As a consequence there was a need to update the Council’s Scheme of Delegation to reflect this change. The matter had been considered at the Governance and Audit Committee on the 29 April 2013 where the proposals had been agreed,

Councillor Tony Vickers explained that he had abstained from voting on this matter at the Governance and Audit meeting as the report did not set out the actual amendments that would be required.

Councillor Graham Jones noted that paragraph 2.2 of the report set out the functions that would be transferred to the Council and these would be incorporated into the Scheme of Delegation. Councillor Gordon Lundie explained that the actual amendments were scheduled to be considered by the Governance and Audit Committee but that this report sought approval for the Head f strategic support to draft the changes. He was delighted to see the public health functions returning to local authorities. He felt that although it was a vast area of work it brought with it a great number of opportunities which he welcomed

Councillor Beck noted Councillor Vickers’ concerns which he had raised at the Governance and Audit Committee but acknowledged that this was work in progress and the final draft of the Scheme of Delegation would be brought back to Governance and Audit Committee to scrutinise.

The Motion was put to the meeting and duly RESOLVED.

In accordance with Procedure Rule 4.75.3 it was requisitioned that the voting on the Amendment be recorded. The names of those Members voting for, against and abstaining were read to the Council as follows:

FOR the Amendment:

Councillors David Allen, Jeff Brooks, Billy Drummond, Roger Hunneman, Mollie Lock, Royce Longton, Alan Macro, Gwen Mason, Geoff Mayes, David Rendel,  ...  view the full minutes text for item 12.

13.

Amendment to the Constitution - Part 7 Speaking Rights at Planning Meetings (C2641) pdf icon PDF 98 KB

To propose an amendment to speaking rights for adjoining Parish Councils at Planning Committee meetings.

Minutes:

The Council considered a report (Agenda Item 14) concerning a proposal to amendment speaking rights for adjoining Parish Councils at Planning Committee meetings.

MOTION: Proposed by Councillor Jeff Beck and seconded by Councillor Tony Vickers:

That the Council:

amends the Regulatory and Other Committees Rules of Procedure (Paragraphs 7.13.3 and 7.13.4) which deal with the procedure for dealing with and the time allowed in respect of speaking rights at Planning Committee meetings”.

Councillor Jeff Beck reported that there were occasions at planning meetings where adjoining parishes might be significantly impacted on by an application. The Constitution currently did not permit them to have an individual speaking slot at the meeting. Members of the Planning Policy Task Group, at a meeting on the 25 January 2013, had asked that this situation be revisited. The proposed amendment would permit them an individual slot to speak at meetings where there was a fundamentally different outcome of either refusal or approval.

Councillor Alan Macro stated that although he was supportive of this change to the Constitution he also wished to see this speaking right extended to adjoining Ward Members.

AMENDMENT: Proposed by Councillor Alan Macro and seconded by Councillor Julian Swift-Hook:

That the Council:

“amends paragraph 7.13.3 of the Council’s Constitution by the insertion of the two lines set out in italics below:

Thefollowing procedure shall apply in respect of each item where any of the aforementioned persons are present:

·         Introduction of item by Officers;

·         Representations by Parish/Town Council representative (s);

·         Members' questions to Parish/Town Council representative (s);

·         Representations by Adjoining Parish/Town Council representative(s) (when formally consulted  or as agreed by the Chairman and Development Control Manager (or his representative) in advance of the meeting);

·         Members' questions to Adjoining Parish/Town Council representative(s)

·         Representations by objector(s);

·         Members' questions to objector(s);

·         Representations by supporter(s);

·         Members’ questions to supporter(s);

·         Representations by applicant or agent.

·         Members' questions to applicant or agent;

·         Representations by Adjoining Ward Member(s);

·         Members' questions to Adjoining Ward Member(s);

·         Representation by Ward Member(s)

·         Members’ questions to Ward Member(s)

·         Members’ questions to Officers

·         Consideration of application by Members.

[Note 1: Questions raised as part of the above process may only be asked to clarify a statement made and not to introduce new business.]

[Note 2: For the avoidance of doubt and in accordance with the Council’s custom and practice, should the Committee consider an application affecting more than one Parish and/or Ward, the Chairman, with the agreement of the Committee, may allow additional speakers/representatives from the relevant Ward and/or Parish.]”

The meeting was adjourned from 8.32pm to 8.44pm to give Members an opportunity to consult on the proposed amendment.

Councillor Alan Law informed the Council that he would be supporting the amendment albeit reluctantly. He was concerned about the erosion of the Chairman’s discretion by these types of amendments to the Constitution. Councillor Graham Pask echoed Councillor Law’s concern but noted that the instances where this would arise would not be very frequent. Councillor Brooks thanked Members for their apparent  ...  view the full minutes text for item 13.

14.

Re-profiling of Highways and Transport Capital Programme (Urgent Item) pdf icon PDF 80 KB

To seek approval for re-profiling of the Highways and Transport capital budget allocation.

Additional documents:

Minutes:

The Council considered a report (Agenda Item 15) which sought approval for re-profiling of the Highways and Transport capital budget allocation.

MOTION: Proposed by Councillor Pamela Bale and seconded by Councillor Alan Law:

That the Council:

approves this proposal.

Councillor Pamela Bale in introducing the item thanked Councillors Chopping and Law for the work that they had put into developing the proposal. She opined that this was an innovative way to meet the unforeseen demand that had arisen due to circumstances that were outside the control of the Council. The inclement weather in the previous autumn and winter had a significantly worse impact on the condition of the Districts roads than could have been foreseen. The proposal was to bring forward £1.39m of capital funding previously scheduled for future years into the current year’s capital programme. This would allow Officers to add an additional 28 sites to the current programme agreed via Individual decision in March 2013. Without this change the council would be required  to spend around £450k on repairs on these sites in any event. In addition the reprofiled budget would also allow additional work to be undertaken on ten roads already identified in the current year’s programme.

Councillors Woodhams and Brooks welcomed the proposal but were concerned that funding would be required in subsequent years to undertake similar work. They wondered where this funding might come from, if it was required which they felt would be likely.

Councillor Gordon Lundie noted that the deterioration in the condition of the roads was a s consequence of challenging weather conditions and was not due to any under investment in this area.

Councillor Alan Law informed the Council that bringing forward the funding was cost neutral and would only have a  small impact of around £8k on cash flow. He therefore felt that this was a good investment as it would reduce future maintenance costs.

Councillor Pamela Bale felt that this was a good news story and was a necessary step to address an emerging issue. It was important to invest now in order to save future costs. She would revisit next year’s budget once the condition surveys, which were undertaken in the autumn, had been completed.

The Motion was put to the meeting and duly RESOLVED.

15.

Licensing Committee

The Council is asked to note that since the last meeting of the Council, the Licensing Committee met on 20 March 2013.  Copies of the Minutes of this meeting can be obtained from Strategic Support or via the Council’s website.

Minutes:

The Council noted that, since the last meeting, the Licensing Committee had met on 20 March 2013.

16.

Personnel Committee

The Council is asked to note that since the last meeting of the Council, the Personnel Committee has not met.

Minutes:

The Council noted that, since the last meeting, the Personnel Committee had not met.

17.

Governance and Audit Committee

The Council is asked to note that since the last meeting of Council, the Governance and Audit Committee met on 29 April 2013.  Copies of the Minutes of this meeting can be obtained from Strategic Support or via the Council’s website.

Minutes:

The Council noted that, since the last meeting, the Licensing Committee had met on 29 April 2013.

18.

District Planning Committee

The Council is asked to note that since the last meeting of the Council, the District Planning Committee has not met. 

Minutes:

The Council noted that, since the last meeting, the District Planning Committee had not met.

19.

Overview and Scrutiny Management Commission

The Council is asked to note that since the last meeting of the Council, the Overview and Scrutiny Management Commission met on 16 April 2013.  Copies of the Minutes of this meeting can be obtained from Strategic Support or via the Council’s website.

Minutes:

The Council noted that, since the last meeting, the Licensing Committee had met on 16 April 2013.

20.

Standards Committee

The Council is asked to note that since the last meeting of the Council, the Standards Committee met on 22 April 2013.  Copies of the Minutes of this meeting can be obtained from Strategic Support or via the Council’s website.

Minutes:

The Council noted that, since the last meeting, the Licensing Committee had met on 29 April 2013.