Agenda and minutes

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

The Chairman welcomed all those present to the meeting. Councillor Keith Chopping reported that it was with great sadness that he had to announce that the Council had recently lost one of its highly respected Officers, Chris Jones, and he asked Councillors Hilary Cole and Gwen Mason to say a few words about Chris on behalf of all Members.

Councillor Cole noted that Chris was a very valuable and competent Officer who had sadly passed away on the 27 April 2014. Chris had joined the Council on the 01 April 2011 and he had worked in local government since 1994. Councillor Cole went on to say that Chris was a ‘super guy’, a ‘lovely man’ who had built good relationships with the District’s performing arts sector. Chris had risen to the challenge of making Adventure Dolphin a cost neutral venture and he was still working on this project when he had passed away. In addition he had also played a key role in the Olympic Torch project and its ongoing legacy through the Enjoy Programme. Councillor Cole stated that while Members were aware of all of this work what they might not have known was that Chris had also worked as a stand up comedian on the comedy circuit and that he had played a guitar in a band. Councillor Cole concluded by saying that Chris Jones had made a great contribution to the Culture Team and was well respected by colleagues and Members alike. He would be sorely missed.

Councillor Gwen Mason requested that the Council’s condolences be conveyed to Chris’s wife and family. Councillor Mason had worked with Chris on a number of projects where his wonderful sense of humour had come to the fore. Councillor Mason said that he would also be remembered for his flamboyant ties.

The Chairman joined all Members in thanking Chris Jones for his hard work and offered the Council’s condolences to his family.

The Chairman explained that before he commenced his remarks there were two issues that he wished to report back on.

Escheat Motion

At Council in December 2013, Councillor David Rendel tabled a motion on the law and consequences of escheat. The Motion was adopted by Council and on behalf of Members the Chairman wrote initially to the Secretary of State at the Department of Communities and Local Government. The enquiry was passed to the Ministry of Justice and after some chasing a response was received on 24^th April 2014.

The response outlined the general law relating to escheat and the position of the Crown once any estate or land was disclaimed for example by a Trustee in bankruptcy or liquidator. The explanation given regarding management of any such estates was that the Crown Estate did not undertake any acts of ownership or management; but if someone wished to acquire a title the policy of the Crown was to grant a new freehold title.

The Ministry of Justice acknowledged that practical problems occurred where sites deteriorated due to  ...  view the full minutes text for item 1.

The Chairman will make presentations to Members who are in receipt of long service awards.

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

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

• Jeff Beck
• Richard Crumly

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

·          Joe Mooney who had unfortunately given his apologies for the meeting.

The Chairman commended the Members on their outstanding efforts.

To elect a Chairman of the Council for the 2014/15 Municipal Year. Following election the Chairman will sign the Declaration of Acceptance of Office. (Verbal Report)

The Motion was proposed by Councillor Adrian Edwards and seconded by Councillor Pamela Bale that Councillor Jeff Beck be elected Chairman of the Council for the Municipal Year 2014/15.  There were no further nominations.

Councillor Edwards in proposing Councillor Beck for the role of Chairman noted that Councillor Beck had first been elected as the Ward Member for the then Turnpike Ward in 2000 although he had worked to help the residents of the area in various guises for over 30 years. After a break he had been re-elected in 2007 to the Clay Hill Ward. Councillor Edwards stated that Councillor Beck was hard working, experienced, well respected, diligent and meticulous. He was also a man who was always willing to ‘get his hands dirty’ as had been evidenced during both the 2007 and 2014 floods. Councillor Beck was supported by his wife of 58 years Alma and he believed that they would be a successful partnership during his year in office. He was therefore honoured to propose him for the role of Chairman.

Councillor Bale stated that it was a privilege to second Councillor Beck’s nomination. Councillor Bale had known him since 2006 when he had helped her to get elected and that since then she had worked with him on a number of projects. She stated that Councillor Beck’s commitment to his residents was an example to all Councillors and he was held in great esteem by them. His knowledge and attention to detail would be great attributes for his year in office. Councillor Beck and his wife Alma had been great ambassadors when he was Mayor of Newbury and she was therefore pleased to second this nomination.

Councillor Jeff Brooks stated that he would be pleased to support Councillor Beck’s nomination. He stated that Councillor Beck was hard working and that he was confident that he would be both fair and thorough. Councillor Brooks stated that Councillor Beck was blessed with a high degree of wisdom and that he therefore felt he would represent the Council very well.

RESOLVED that Councillor Jeff Beck be elected as Chairman of Council for the Municipal Year 2014/15.

(Councillor Jeff Beck in the Chair)

The new Chairman read and signed the Declaration of Acceptance of Office. Councillor Beck thanked the Council for electing him and Councillors Edwards and Bale for their kind words. He stated that he would endeavour to achieve the aims of the Council and serve the residents well. He acknowledged that the support of staff was essential and that he would strive to work with them to ensure the best outcome for residents.

Councillor Beck reported that his chosen charity for 2014/15 was the Cystic Fibrosis Trust. He explained that the reason for choosing this charity was that they had lost their eldest son Andrew to this disease and that the money raised by the charity contributed to research that helped to extend the lives of young people, in particular. He thanked his wife Alma and son Roger  ...  view the full minutes text for item 3.

To appoint a Vice Chairman for the 2014/15 Municipal Year. Following appointment the Vice Chairman will sign the Declaration of Acceptance of Office.(Verbal Report)

The Chairman requested nominations for the position of Vice-Chairman of Council for the Municipal Year 2014/15. In response to this request Councillor Graham Jones was nominated by Councillor Keith Chopping and the nomination was seconded by Councillor Emma Webster. There were no further nominations for the position of Vice-Chairman.

Councillor Chopping in proposing Councillor Jones noted that he had an exemplary pedigree and that he had first started in local government in 1987. He had been appointed as the Leader of the Conservative Group in 2005 a position that he had held until 2012.

Councillor Webster stated that she had known Councillor Jones since 2003. He worked tirelessly in his ward and he was always very supportive of new Members. His advice was always invaluable, he was a consummate performer in the chamber and he was a good friend and that she was therefore pleased to propose him for the role of Vice-Chairman as he would make a great ambassador for the District.

Councillor Jeff Brooks stated that he had enjoyed sparring with Councillor Jones in the chamber over the last few years. He was a Councillor that was well respected by both groups and he would be pleased to vote in favour of his appointment.

RESOLVED that Councillor Graham Jones be appointed Vice-Chairman of Council for the Municipal Year 2014/15. 

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

Councillor Jeff Beck then thanked Penee Chopping for all she had done for the Council and Councillor Chopping during his year as Chairman.

The Chairman to sign as a correct record the Minutes of the Council meeting held on 4^th March 2014.

The Minutes of the meeting held on 4^th March 2014 were approved as a true and correct record and signed by the Chairman subject to the inclusion of the following amendments:

Item 83 - West Berkshire Council Strategy: Refresh (C2744)

• Fourth Paragraph, second line – delete the words ‘and this year’.

·        Seventh paragraph, sixth line – replace the word ‘was’ with the word ‘would’.

Item 86 - Capital Strategy and Programme 2014/15 to 2018/19 (C2746)

• Fourth paragraph, first line and paragraph starting ‘Councillor Gordon Lundie noted that £115m’  – change the word ‘spend’ to spent’.

·        Should refer to the ‘Castle’ School.

Item 87 - Revenue Budget: 2014/15 (C2749)

• Recommendation 2(a) insert the ‘£’ before 60,599.03.

·        In the sentence starting ‘Councillor Bale noted that there were no proposals in place’ replace the word ‘se’ with ‘she’.

Item 89 - Community Infrastructure Levy - Adoption and Implementation of Charging Schedule (C2587)

Second paragraph below the Motion should say ‘s106’ and not ‘s06’.

To remind Members of the need to record the existence and nature of any Personal, Disclosable Pecuniary or other interests in items on the agenda, in accordance with the Members’ Code of Conduct.

Councillor Emma Webster declared an interest in Agenda Item 14, and reported that, as her interest was personal and prejudicial and a disclosable pecuniary interest, she would be leaving the meeting during the course of consideration of the matter.

The Leader of the Council to announce the composition of the Executive for the 2014/15 Municipal Year.(Verbal Report)

Councillor Gordon Lundie announced the appointment of Members to the Executive for 2014/15 as follows:

Councillor Lundie noted that there had been no changes to the composition of the Executive. Councillor Pamela Bale had however stood down as Deputy Leader. He thanked Councillor Bale for the support that she had afforded to both Councillor Jones and himself. Councillor Lundie noted that the role of Deputy Leader was a very important role. Not only did they have to stand in for the Leader when he was absent but they also needed to act as a counterbalance to the Leader and provide him with good guidance. He noted that Councillor Bale had done an excellent job of fulfilling all these requirements.

Councillor Lundie welcomed Councillor Roger Croft as his new deputy.

The Monitoring Officer to advise of any changes to the membership of Committees since the previous Council meeting. (Verbal report)

There had been no changes to the membership of Committees since the previous Council meeting.

To consider the appointment of and allocation of seats on Committees and associated bodies for the 2014/15 Municipal Year and to agree the Council's Policy Framework for 2014/15.

The Council considered a report (Agenda Item 10) concerning the appointment and allocation of seats on Committees and associated bodies for the next Municipal Year and the report also sought to agree the Council’s Policy Framework for the 2014/15 Municipal Year.

MOTION: Proposed by Councillor Gordon Lundie and seconded by Councillor Brian Bedwell:

That the Council:

1.                  “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.                  agrees to the appointment of the various committees and to the number of places on each as set out in paragraph 2.2 (Table A);

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

5.                  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. Where substitutes attend the District Planning Meeting they need to be drawn from the same Area Planning meeting as the Member they are substituting for;

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

7.                  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 2014/15 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.                  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 by the Leader of the Council;

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.             to appoint James Rees and John Bingham to be its independent persons;

13.             to agree the membership of the Health and Wellbeing Board as set out in paragraph 9.1;

14.             authority be delegated to the Head of Legal Services to make any changes required to the Constitution as a result of the appointments to Committees”.

In proposing the Motion Councillor Lundie also proposed the following AMENDMENT and this was  ...  view the full minutes text for item 9.

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 

The meeting was adjourned at 8.19pm.

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

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

The meeting was reconvened at 8.29pm.

To present the Annual Standards Committee report to the Council.

The Council considered a report (Agenda Item 13) which provided Members with an update of the activity undertaken by the Standards Committee over the previous Municipal Year.

MOTION: Proposed by Councillor Peter Argyle 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 Argyle in introducing the item reported the number of complaints received in 2013/14 was the lowest number of complaints since the Standards Committee was introduced in 2009/10. The reasons for this decrease in the number of complaints were unclear. It could be as a result of improved behaviour amongst District and Parish Councillors or that complainants were less willing to instigate a complaint given the reduction in severity of sanctions that the Standards Committee were able to impose.

Councillor Mason was also pleased to note the reduction in the number of complaints received.

The Motion was put to the meeting and duly RESOLVED.

To consider the draft revised Statement of Community Involvement.

(Councillor Emma Webster declared a personal and a disclosable pecuniary interest in Agenda item 14 by virtue of the fact that she was employed by a company that worked for or with developers. As her interest was personal and a disclosable pecuniary interest she left the meeting and took no part in the debate or voting on the matter).

(Councillor Emma Webster left the meeting at 8.30pm and returned at 8.43pm).

The Council considered a report (Agenda Item 14) concerning the draft revised Statement of Community Involvement (SCI).

MOTION: Proposed by Councillor Hilary Cole and seconded by Councillor Paul Bryant:

That the Council:

“approves the draft revised Statement of Community Involvement for formal public consultation”.

Councillor Cole noted the requirement to prepare and publicise a SCI had been introduced in the Planning and Compulsory Purchase Act 2004 and the Council had adopted the first SCI in July 2006. However, as the planning process and relevant legislation had gone through some changes since that time, the SCI needed to be reviewed and updated to reflect the most up to date processes and procedures which would be used.

The revised draft SCI set out the policy for involving the community in:

·        the plan making process such as Development Plan Documents, Supplementary Planning Documents, the Community Infrastructure Levy and Neighbourhood Plans; and

·        the consideration of planning applications within the district.

Councillor Cole explained that it was no longer necessary to gain approval from the Secretary of State for the SCI or for the SCI to be subject to Examination. If Members were minded to approve the SCI that evening it would be for Officers to invite comments on the draft document through a formal six week consultation (running from the 23 May to the 4 July 2014) before seeking Full Council approval to adopt the final revised SCI in September 2014.

Councillor Alan Macro reported that he had serious concerns about the Equality Impact Assessment (EIA) for this report. He noted that the EIA made reference to affected groups but the SCI did not state how these vulnerable groups would be consulted. He was also concerned about the publicity surrounding the consultation. Specific reference was made to one newspaper but not other newspapers covering the District. He also noted that many residents did not read the newspaper and the SCI made no mention of other mediums such as radio, social media etc.

Councillor Julian Swift-Hook also raised concerns about the EIA which made mention of Gypsies and Travellers and the elderly, young mothers and parents with children but made no mention of other vulnerable groups including those with disabilities.

Councillor Graham Pask drew Members’ attention to paragraph 3.1 of the report on page 45 which stated that the ‘Council will involve the whole community’ and he reassured them that as the Portfolio Holder for Equalities he would ensure that it did.

Councillor Paul Bryant stated that he too hoped that the Council would use all available channels during the consultation. He noted that  ...  view the full minutes text for item 13.

For Council to consider an amendment to the Constitution in relation to the petition threshold for triggering a debate at Full Council.

The Council considered a report (Agenda Item 15) concerning an amendment to the Constitution in relation to the petition threshold for triggering a debate at Full Council.

MOTION: Proposed by Councillor Jeff Brooks and seconded by Councillor Julian Swift-Hook:

That the Council:

1.      “amends the Petition Protocol so that a petition of 1,500 or more signatures will trigger a debate at Full Council subject to this not applying to the Annual or Budget meeting and Extraordinary meetings except in circumstances where the special meeting has been called to consider an issue which is the subject of the petition.

2.      authority be delegated to the Head of Legal Services to amend the Constitution to reflect the amendment.”

Councillor Brooks reported that the proposal had been supported by the Governance and Audit Committee and would bring the Council’s thresholds in line with those of neighbouring authorities in Berkshire.  Councillor Brooks accepted the recommendation that in addition to petitions not being debated at the annual Council meeting, they would also not be debated at the budget meeting.

AMENDMENT: Proposed by Councillor Alan Law and seconded by Councillor Gordon Lundie:

That the Council:

“Amends Recommendation 1 by inserting a new paragraph at the end of the last sentence and adding the following words:

“In order to ensure that this is dealt with appropriately, the two Leaders must agree that the subject for debate is of real significance locally to the people of West Berkshire and its immediate surrounding area.

Failure of the two Leaders to agree will result in automatic referral to the Monitoring Officer, whose decision shall be final.”

Amends Part 13 to Appendix C Procedure Rules for Dealing with Representations as follows:

At the end of 1.4(e) insert:

“In order to ensure that this is dealt with appropriately, the two Leaders must agree that the subject for debate is of real significance locally to the people of West Berkshire and its immediate surrounding area.”

“Failure of the two Leaders to agree will result in automatic referral to the Monitoring Officer, whose decision shall be final.”

In 1.4(f) insert the underlined text below:

Where a Full Council meeting debate is triggered by a petition and the Leaders (or Monitoring Officer) agree that the subject matter is of real significance locally, the Petition Organiser or their nominated spokesperson will have up to five minutes to present their petition and the petition will then be discussed by Councillors for a maximum of 15 minutes.”

Councillor Law noted that while there was merit in reducing the threshold; in this electronic age it was possible that the Council could have petitions submitted that had no relevance locally. Councillor Law stated that the amendment proposed provided a common sense solution to the management of petitions.

Councillor Brooks was disappointed with the amendment and queried whether in fact it was legal. He also felt that it was unfair to ask the Monitoring Officer to determine whether or not a petition would be debated at Council where  ...  view the full minutes text for item 14.

To review and amend sections of Part 13 (Codes and Protocols) i.e. Appendices I (Councillor Call for Action Protocol) and J (Protocol for Council Representations on Outside Bodies) in light of legislative changes, policy changes and recent government guidance.

The Council considered a report (Agenda Item 16) concerning amendments to sections of Part 13 (Codes and Protocols) i.e. Appendix I (Councillor Call for Action Protocol) and J ((Protocol for Council Representation on Outside Bodies) in light of legislative changes, policy changes and recent government guidance.

MOTION: Proposed by Councillor Quentin Webb and seconded by Councillor Tony Linden

That the Council:

1.      “considers the amendment and agrees any additional changes required”

2.      agrees the changes will come into effect on the 16 May 2014.”

Councillor Webb noted that the changes were discussed at the previous Governance and Audit Committee. A small number of minor amendments had been required.

The Motion was put to the meeting and duly RESOLVED.

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

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

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

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

The Council is asked to note that since the last meeting of Council, the Governance and Audit Committee met on 28^th April 2014.  Copies of the Minutes of this meeting can be obtained from Strategic Support or via the Council’s website.

The Council noted that, since the last meeting, the Governance and Audit Committee had met on 28^th April 2014.

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

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

The Council is asked to note that since the last meeting of the Council, the Overview and Scrutiny Management Commission met on 8^th April 2014.  Copies of the Minutes of this meeting can be obtained from Strategic Support or via the Council’s website.

The Council noted that, since the last meeting, the Overview and Scrutiny Management Committee had met on 8^th April 2014.

The Council is asked to note that since the last meeting of the Council, the Standards Committee met on 14^th April 2014.  Copies of the Minutes of this meeting can be obtained from Strategic Support or via the Council’s website.

The Council noted that, since the last meeting, the Standards Committee had met on 14^th April 2014.