Agenda and minutes

The Chairman reported that he and the Vice-Chairman had attended 30 events since the last Council meeting.

(Councillor Jeff Brooks and George Chandler arrived at 6.35pm)

The Chairman welcomed the new Ward Member for Purley on Thames, Councillor Rick Jones, to the chamber. The Chairman also announced that Councillor Joe Mooney had stood down as the Ward Member for Birch Copse. He wished, on behalf of the authority, to wish Councillor Mooney and his wife a happy retirement and thanked him again for all the work he had done for the District.

The Chairman stated that it was with regret that he had to announce that former Councillor Mike James had recently passed away. Councillor Julian Swift-Hook reported that Mr James was a long standing County Councillor and a Member of Newbury District Council and West Berkshire Council. He was also a leading light in the Newbury Society and had made an immense contribution to the District. He had actively campaigned for others even when he was unwell. Mike had, personally, provided selfless support to both himself and Councillor Bill Drummond and Councillor Swift-Hook was very grateful for that support. His thoughts were with Mike’s wife Norma and his son Paul, who had recently been re-employed by the Council.  The Chairman asked that the authority’s condolences be passed onto Mike’s family.

The Chairman reminded Members that his annual charity golf day would be taking place on the 25^th March 2015 at Newbury and Crookham Golf Club and he encouraged all Members to participate in this event.

The Chairman to sign as a correct record the Minutes of the Council meeting held on 11 December 2014.

The Minutes of the meeting held on 11th December 2014 were approved as a true and correct record and signed by the Chairman.

The Deputy Monitoring Officer announced that all Members present, in accordance with the Localism Act 2011, had applied for and had been granted a dispensation to speak and vote on any matter which pertained to “any beneficial interest” in land within the Authority’s area (Items 16 and 17 (Capital Strategy and Programme 2015/16 to 2019/20 and Revenue Budget 2015/16).

Councillor Roger Hunneman declared an interest in Agenda Item 19, and reported that, as his interest was personal and prejudicial and a disclosable pecuniary interest, he would be leaving the meeting during the course of consideration of the matter.

Councillors Ieuan Tuck declared an interest in Agenda Item 19, but reported that, as his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.

Councillor Emma Webster declared that she no longer had a personal or prejudicial interest in Agenda Item 19.

Councillors Jeff Brooks declared an interest in Agenda Item 17, but reported that, as his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.

Councillors Tony Vickers declared an interest in Agenda Item 20, but reported that, as his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.

Councillor Billy Drummond presented a petition containing 288 signatures relating to 8 Westwood Road. The petition would be referred to officers and a response would be provided in due course.

Members of the Executive to answer the following questions submitted by members of the public in accordance with the Council’s Constitution:

(a)         Question to be answered by the Executive Member for Planning, Transport (Policy), Culture, Customer Services, Countryside, Waste, Environmental Health, Trading Standards, Licensing submitted by James Spackman:

“Please can the portfolio holder responsible for planning enforcement tell me the number of outstanding planning enforcement issues there are across the District? Please break this figure down into Wards?”

(b)         Question to be answered by the Executive Member for Planning, Transport (Policy), Culture, Customer Services, Countryside, Waste, Environmental Health, Trading Standards, Licensing submitted by James Spackman:

“Does the portfolio holder responsible for planning enforcement accept that the staffing levels in the Council's enforcement team is insufficient to keep pace with the number of planning infringements, especially in the Ward where I live, Aldermaston?”

(c)         Question submitted to the Leader of the Councilby Judith Bunting:

“My question concerns the scandal of the empty affordable housing units in the Parkway development in Newbury. With 1092 Qualifying households currently on the social housing register in West Berkshire and almost £1million of tax-payers money spent on the 37 affordable units in the development, to allow them to stand empty when they have been ready for occupation for over 18 months is something of a disgrace. 

Could the Council explain what financial sanctions were included in the original contract with Standard Life Investments that could be imposed if the affordable units were not let when ready for occupation and whether any of these sanctions have yet been imposed?”

(d)          Question submitted to the Leader of the Councilby Judith Bunting:

“What is the amount of money due to the Council from Standard Life Investments representing the fee for lost car parking income in Park Way since the shopping centre was completed in 2011, and has any of this fee income been received?”

(a)          Question submitted by Mr James Spackman to the Portfolio Holder for Planning, Transport (Policy), Culture, Customer Services, Countryside, Waste, Environmental Health, Trading Standards, Licensing.

A question standing in the name of Mr James Spackman on the subject of the number of outstanding planning enforcement issues across the district was answered by the Portfolio Holder for Planning, Transport (Policy), Culture, Customer Services, Countryside, Waste, Environmental Health, Trading Standards, Licensing.

(b)          Question submitted by Mr James Spackman to the Portfolio Holder for Planning, Transport (Policy), Culture, Customer Services, Countryside, Waste, Environmental Health, Trading Standards, Licensing.

A question standing in the name of Mr James Spackman on the subject of the adequacy of staffing levels within the Council’s enforcement team was answered by the Portfolio Holder for Planning, Transport (Policy), Culture, Customer Services, Countryside, Waste, Environmental Health, Trading Standards, Licensing.

(c)          Question submitted by Mrs Judith Bunting to the Leader of the Council.

A question standing in the name of Mrs Judith Bunting on the subject of the empty affordable housing units in the Park Way development in Newbury was answered by the Leader of the Council.

(d)          Question submitted by Mrs Judith Bunting to the Leader of the Council.

A question standing in the name of Mrs Judith Bunting on the subject of the fee income for car parking in Park Way due to the Council from Standard Life was answered by the Leader of the Council.

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

The Deputy Monitoring Officer advised of the following changes to the membership of Committees since the previous Council meeting.

Councillor Garth Simpson had stood down as a Member of the Overview and Scrutiny Management Commission as he was now a Member of the Executive. Councillor Dominic Boeck would be replacing him on the Commission.

Councillor Joe Mooney had stood down as the Ward Member for Birch Copse with effect from the 01^st March 2015.

The Council is asked to note that since the last meeting of the Council, the Licensing Committee met on 16^th December 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 Licensing Committee had met on 16^th December 2014.

The Council is asked to note that since the last meeting of the Council, the Personnel Committee met on 9^th February 2015. 

The Council noted that, since the last meeting, the Personnel Committee had met on 9^th February 2015.

The Council is asked to note that since the last meeting of Council, the Governance and Audit Committee met on 9^th February 2015.  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 9^th February 2015.

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 27^th January 2015 and 24^th February 2015.  Copies of the Minutes of these meetings 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 Commission had met on 27^th January 2015 and 24^th February 2015.

The Council is asked to note that since the last meeting of the Council, the Standards Committee met on 12^th January 2015.  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 12^th January 2015.

In compliance with The Local Government Act 2003, this report summarises the Council’s borrowing limits as set out by CIPFA’s Prudential Code, and recommends the Annual Investment and Borrowing Strategy for 2015/16.

The Council considered a report (Agenda Item 14) concerning the Council’s borrowing limits as set out by CIPFA’s Prudential Code, and recommended the Annual Investment and Borrowing Strategy for 2015/16.

MOTION: Proposed by Councillor Alan Law and seconded by Councillor Laszlo Zverko:

That the Council:

“adopt the 2015/16 Investment and Borrowing Strategy”.

Councillor Alan Law introduced the report which set out that it was proposed to increase the Council’s maximum borrowing limits by £7m (to £162m) in 2015/16, by a further £7m (to £169m) in 2016/17 and by £3m (to £172m) in 2017/18. The increases in borrowing limits over the next three years were to allow for the planned level of borrowing to fund the proposed capital programme which also took into account the planned level of debt repayment.

The report also recommended prudential limits for exposure to borrowing at fixed and variable rates of interest, the maturity structure of borrowing and parameters for the types and minimum credit ratings for institutions with which the Council would invest its funds. No changes were proposed to the main limits and parameters for 2015/16.

The Motion was put to the meeting and duly RESOLVED.

The Council considered a report (Agenda Item 15) concerning the medium term financial planning and strategy for the organisation.

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

That the Council:

“approve and adopt the 2015-2018 Medium Term Financial Strategy”.

Councillor Alan Law introduced the report and explained that the Medium Term Financial Strategy (MTFS) set out the financial planning framework for the Council over the coming years. The MTFS was a rolling three year strategy which was fundamentally about ensuring the financial resources, both revenue and capital, were available to deliver the Council Strategy. The document itself outlined the key challenges that the Council faced from 2015 to 2018 and how these were expected to be met at a strategic level. The premise for the strategy was based on the following four principles:

1.    Residents money would be used wisely;

2.    Essential core services would be protected;

3.    Invest in future for all residents;

4.    Communities and residents would be helped to help themselves.

The Council had a good track record of strong financial management and historically budgets had been delivered without significant over or under spends.

Councillor Law noted that although the Council had seen a healthy growth in its taxbase this had to be balanced against a £31m decrease in Government Grant funding since 2010 and pressures of around £3m arising from the introduction of the Care Act. This needed to be considered in the context of increasing demographic pressures and the Administration’s desire to invest in education and infrastructure including roads, broadband and ICT. In addition the Council would need to find around £6m savings per annum over the following three years. Strong financial leadership, long term planning, a growing taxbase and an efficiently run Council had meant that the Council had been able to protect front line services.

Councillor Gordon Lundie supported the proposals as set out in the Strategy.

The Motion was put to the meeting and duly RESOLVED.

(Councillor Carol Jackson-Doerge joined the meeting at 6.55pm)

To outline the five year Capital Strategy for 2015/16 to 2019/20, including the Minimum Revenue Provision (MRP) statement and the Asset Management Plans for property and highways, and to set out the funding framework for Council’s five year Capital Programme for 2015/16 to 2019/20.

(All Members had been granted a dispensation to speak and vote on Agenda Item 16)

The Council considered a report (Agenda Item 16) concerning the five year Capital Strategy for 2015/16 to 2019/20, including the Minimum Revenue Provision (MRP) statement and the Asset Management Plans for property and highways, and set out the funding framework for the Council’s five year Capital Programme for 2015/16 to 2019/20.

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

That the Council:

“approve the Capital Strategy and Programme 2015/16 to 2019/20”.

Councillor Alan Law stated that the proposed Capital Programme helped deliver the key priorities set out in the Council Strategy 2014-2018, including investment over the next five years in the following key areas:

·         Protecting the Vulnerable: £10.1 million for assets to support the care of older people and people with physical, sensory or learning disabilities and looked after children;

·         Promoting a Vibrant District: £44.0 million for maintenance and improvement of highways; £2.5 million for maintenance and improvement of parks, open spaces sporting and cultural facilities; and £1.7 million to facilitate the delivery of superfast broadband across the majority of West Berkshire;

·         Improving Education: £65.1 million for new school places and improvement of school buildings.

Councillor Alan Macro stated that although he was pleased to see that £7m of funding had been set aside for Theale primary School he was disappointed that the project was not sue to be completed until 2017. Councillor Tony Linden welcomed the investment of £2.9m set aside for A4 improvements.

Councillor Roger Croft welcomed the expenditure on Superfast Broadband which represented an investment in the future of the District and would also support the rural economy. Under this project 15,000 additional premises would have access to fast broadband by September 2015 as part of this scheme. Phase 2 of the scheme would be rolled out in the Summer. Phase 2 would result in 95% of the premises in the District having access to fast broadband and 100% of premises would have access to faster connections.

Councillor Hilary Cole welcomed the investment in libraries, parks, leisure centres, public rights of way, recreation grounds etc which all helped to contribute towards the wellbeing of residents.

Councillor Irene Neill welcomed the investment in the district’s schools including a new school for Newbury and the investment in Theale Primary. Provision had also been made for new sixth forms at Little Heath and Denefield Schools and an extension to the sixth form block at Brookfield School. Funding was also included for the refurbishment of classrooms at Lambourn Primary and temporary classroom would be replaced at Kennet Valley School.

Councillor Garth Simpson noted that £43m had been set aside for improving the district’s roads and bridges and for flood alleviation schemes in Tull Way and Dunstan Park and nine schemes in the Downlands.

Councillor Tony Vickers noted that on page 70 (paragraph 3.5) of the agenda reference was made to the sale of The Starting Gate Pub. He queried why  ...  view the full minutes text for item 101.

To consider and recommend to Council the 2015-16 Revenue Budget.

(All Members had been granted a dispensation to speak and vote on Agenda Item 17)

(Councillor Jeff Brooks declared a personal interest in Agenda item 17 by virtue of the fact that his wife was employed at the Watermill Theatre. As his interest was personal and not prejudicial or a disclosable pecuniary interest he determined to take part in the debate and vote on the matter).

The Council considered a report (Agenda Item 17) concerning the 2015/16 revenue budget

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

That the Council:

“The Council resolve as follows:

(1)     That it be noted that the following amounts for the year 2015/2016 in accordance with regulations made under Section 31B of the Local Government Finance Act 1992, as amended (by the Localism Act 2011):-

(a)     62,083.05 being the amount calculated by the Council, (Item T) in accordance with regulation 31B of the Local Authorities (Calculation of Council Tax Base) Regulations 1992 (as amended by the Localism Act 2011), as its council tax base for the year.

(b)     Part of the Council's area as per Appendix K being the amounts calculated by the Council, in accordance with regulation 6 of the Regulations, as the amounts of its council tax base for the year for dwellings in those parts of its area to which a parish precept relates.

(2)     Calculate that the Council Tax requirement for the Council’s own purposes for 2015/16 (excluding Parish precepts) is £78,438,210.

(3)     That the following amounts be now calculated by the Council for the year 2015/2016 in accordance with Sections 32 to 36 of the Local Government Finance Act 1992, amended by the Localism Act 2011:-

(a)     £302,969,234 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2)(a) to (f) of the Act taking into account all precepts issued to it by parish councils.

(b)     £220,913,960 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3)(a) to (d) of the Act.

(c)     £82,055,274 being the amount by which the aggregate at 3(a) above, exceeds the aggregate at 3(b) above, calculated by the Council, in accordance with Section 31A(4) of the Act, as its council tax requirement for the year (Item R).

(d)     £1321.70 being the amount at 3(c) above (Item R), all divided by 1(a) above (Item T), calculated by the Council, in accordance with Section 31B of the Act, as the 'basic amount of its Council Tax for the year (including Parish precepts).

(e)     £3,617,064.40 being the aggregate amount of all special items (parish precepts) referred to in Section 34(1) of the Act (as per Appendix K).

(f)      £1,263.44 being the amount at 3(d) above less the result given by dividing the amount at 3(e) above by the amount at 1(a) above, calculated by the Council, in accordance with Section 34(2) of the Act, as the basic amount of its council tax for the year for dwellings  ...  view the full minutes text for item 102.

To present a pay policy statement to be published in April 2015 for approval.

The Council considered a report (Agenda Item 18) concerning approval of a Pay Policy Statement which needed to be published from 1^st April 2015.

MOTION: Proposed by Councillor Alan Law and seconded by Councillor Laszlo Zverko:

That the Council:

“approve the Pay Policy Statement attached to the report at Appendix A”.

Councillor Alan Law stated that Section 38 of the Localism Act required local authorities to publish an annual pay policy statement as from 2012/13. This report sought approval for the 2015 statement which would be published with effect from 1^st April 2015.

In previous years, the Council had combined the statutory pay policy statement with the publication of specific pay and terms and conditions related aspects of the Local Government Transparency Code. The latest version of the Code published in October 2014 included additional items, such as publication of spending on trade unions. It was therefore proposed that this year’s pay policy statement would only cover the requirements of s38 of the Localism Act. Publication of data required by the Transparency Code would instead be included on the Council’s Transparency pages on the website as that did not require approval from full Council.

Councillor Alan Law reminded Members that the Council employed a number of apprentices and that a decision had been made to pay them the age related pay and not the minimum wage.

The Motion was put to the meeting and duly RESOLVED.

To:  (a)  consider the representations received in response to the consultation on the amended Draft Supplementary Planning Document (SPD) undertaken between 12 December 2014 and 30 January 2015; (b)  consider whether any revisions need to be made to the Supplementary Planning Document in the light of these representations; and (c)  consider the adoption of the Sandleford Park Supplementary Planning Document. 

Please note: A hard copy of Appendices A and B will be available at the meeting.

(Councillor Roger Hunneman left the meeting during the consideration of this item).

(Councillor Ieuan Tuck declared a personal interest in Agenda item 19 by virtue of the fact that he lived close to the Sandleford site. As his interest was personal and not a disclosable pecuniary interest he determined to take part in the debate and vote on the matter).

(Councillor Roger Hunneman declared a disclosable pecuniary interest in Agenda item 19 by virtue of the fact that he owned a property that overlooked the Sandleford site. As his interest was a disclosable pecuniary interest he left the meeting and took no part in the debate or voting on the matter).

(Councillor Emma Webster declared that she no longer had a personal or disclosable pecuniary interest in Agenda Item 19 as she was no longer employed by the company that had was undertaking work on this site.)

The Council considered a report (Agenda Item 19) concerning the Sandleford Park Supplementary Planning Document.

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

“That the Council resolves that:

(a)     No new information or evidence has arisen through the consultation to warrant major changes being made to the Supplementary Planning Document although a number of minor changes have been made.

(b)     The Council's responses to the representations received as set out in Appendix A are agreed.

(c)     The Sandleford Park Supplementary Planning Document as set out in Appendix B is adopted in accordance with Section 23 of the Planning and Compulsory Purchase Act 2004 (as amended).

(d)     Delegated authority is given to the Head of Planning and Countryside to agree any minor typographical and formatting refinements to the Sandleford Park Supplementary Planning Document before publication.”

Councillor Hilary Cole presented the report which considered the representations received in response to the consultation on the amended Draft Supplementary Planning Document (SPD) undertaken between 12 December 2014 and 30 January 2015.

Sandleford Park had been allocated through the Core Strategy as a strategic site for up to 2,000 dwellings (policy CS3). A SPD was prepared for the site and adopted in September 2013. This set out in more detail how the site would be delivered, taking into account the opportunities and constraints of the site as well as the outcomes of the comprehensive evidence base.

The SPD had now been updated to reflect the need for a single planning application for the site, which was a change from Sandleford being originally promoted as a shared site. It was noted that at present, the two landowners of the site had been likely to submit separate planning applications which would create a more complex planning process. A single application would ensure that the site was comprehensively delivered, with timely and well planned provision of infrastructure. This requirement was set out as a new development principle for the site (principle S1) and was reflected through other amendments throughout the SPD.

The SPD had been published for a seven week period of public consultation  ...  view the full minutes text for item 104.

To present to Members the amended Health and Wellbeing Strategy following a Public Consultation in November 2014.

(Councillor Tony Vickers declared a personal interest in Agenda item 17 by virtue of the fact that his wife was a member of Healthwatch West Berkshire. 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 20) concerning the amended Health and Wellbeing Strategy following public consultation in November 2014.

MOTION: Proposed by Councillor Marcus Franks and seconded by Councillor Gordon Lundie

That the Council:

“adopt the amended Health and Wellbeing Strategy from March 2015”.

Councillor Marcus Franks stated that the Strategy had been approved by the Health and Wellbeing Board at its meeting on 22 January 2015.

The redrafted Health and Wellbeing Strategy had gone out for consultation to all stakeholders and the public from 27 October 2014 until 21 November 2014. The consultation was conducted by Healthwatch and the final report was received on 9 December 2014.

The report set out the main points of feedback that came from the consultation and made a number of proposals on how the Strategy could be amended to take into account the consultation and what process could then be followed to ensure that an implementation plan could be developed. However, the support received for all priorities was in excess of 65% of all respondents. Two priorities had been amended following consultation where respondents had asked for cancer and terminal illness to be included. As a result cancer had been added to the priority of cardiovascular disease but that terminal illness already fell under the priority of addressing long term conditions and end of life care. One additional priority had been added as a result of comments in relation to the need to tackle loneliness and social isolation as well as mental health and wellbeing.  

There was considerable support for the need to include an Implementation Plan within the Strategy, which would show how the aims of the Strategy would be achieved and how each priority would be addressed. It was therefore proposed that a multi-agency group would be set up to develop the Strategic Implementation Plan that would set out the specific actions that would need to be taken in partnership to ensure that the priorities were addressed. Progress would be reported to the Health and Wellbeing Board throughout the year.

In addition three half day meetings would be set up to focus on three priorities namely; looked after children, mental health and wellbeing and falls prevention.

AMENDMENT: Proposed by Councillor Tony Vickers and seconded by Councillor Alan Macro:

That the Council:

“amends Priority 5 – Health Damaging Behaviours – Alcohol and Smoking by adding ‘Drug Use’ ”

(The meeting was adjourned from 8.25pm to 8.26pm to allow Councillors Franks and Lundie to consult on the amendment.)

Councillor Franks stated that he was happy to accept the amendment.

Councillor Graham Jones explained that life expectancy had increased by an average of 15 years and that much of this could be  ...  view the full minutes text for item 105.

The Council considered a report (Agenda Item 21) concerning the Scheme of Delegation which had been amended in light of legislative changes and current practice.

MOTION: Proposed by Councillor Quentin Webb and seconded by Councillor Julian Swift-Hook:

That the Council:

“agree the proposed amendments to the Scheme of Delegation”.

Councillor Quentin Webb in introducing the report stated that the Finance and Governance Group had ownership of the Council’s Constitution and a timetable had been established to review individual sections of the Constitution and a number of Officers had been involved in revising specific parts of the Constitution. This report proposed amendments to Part 3 – the Scheme of Delegation. In addition, there was a constitutional requirement for the Leader of the Council to present to the Council a written record of delegations they had made for inclusion in Part 3 of the Constitution.

The Scheme of Delegation summarised which part of the decision-making process was responsible for which function and also the extent to which the powers and duties of the Council were delegated to Officers.

The report set out the main changes to the document.

The Motion was put to the meeting and duly RESOLVED.

Members of the Executive to answer the following question submitted by Councillors in accordance with the Council’s Constitution:

(a)          Question submitted to the Executive Member for Highways, Transport (Operations), Emergency Planning, Newbury Vision by Councillor Keith Woodhams:

“Can the Executive Member for Highways & Transport tell me why this Conservative administration has decided to leave it to the discretion of the 14 CEO’s, to decide whether to issue fixed penalty notices or not, for motorists who have apparently contravened the ‘parked beyond bay markings’?”

(a)          A question standing in the name of Councillor Keith Woodhams on the subject of fixed penalty notices for motorists who had apparently contravened the ‘parked beyond bay markings’ was answered by the Executive Member for Highways, Transport (Operations).