Agenda and minutes

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

The Council praised Mr Nick Carter on his retirement from West Berkshire Council after 23 years of service, including 15 as Chief Executive. The Chairman noted his long and successful career, and thanked him for his commitment and leadership in that time. Councillor Lynne Doherty noted that Mr Carter had been an exemplary Chief Executive, and commended his openness, fairness and transparency in the role, particularly during the Covid-19 pandemic. Councillor Lee Dillon praised Mr Carter’s openness to opposition Members.

The Chairman reported that he had attended six events since the last Council meeting.

·         The Chairman attended a HandyBus photocall to celebrate 35 years of partnership, and to meet volunteers the Volunteer Centre of West Berkshire.

·         The Chairman visited the South East Reserve Forces and Cadet Association for the Royal County of Berkshire and Surrey Armed Forces and learned about what the Reserve Forces were doing around the world.

·         The Chairman visited Kiln Gardens in Kintbury to open up an Allocated Site, where a housing development has now been completed.

·         The Chairman visited Waterside to see the housing development in progress.

·         The Chairman attended the Newbury Town Council Mayor-making Ceremony, where Councillor Billy Drummond was made Mayor of Newbury. The Chairman congratulated Councillor Drummond.

·         The Chairman open the Edu-café, which aims to help the diverse ethnic communities and vulnerable young people in the area.

·         The Chairman additionally recorded two videos, for the Armed Forces and first National Thank You Day.

Councillor Graham Bridgman raised a non-notice procedural motion, seconded by the Chairman, to suspend standing orders in order to permit members present remotely to speak and for all members present to render a decision through an indicative vote process.

Councillor Jeff Brooks asked for clarification that this motion was a contingency due to the current situation. The Chairman and Councillor Bridgman reiterated that it was.

The Motion was put to the meeting and carried.

The Chairman to sign as a correct record the Minutes of the Council meeting held on 4 May 2021.

The Minutes of the meeting held on 4 May 2021 were approved as a true and correct record and signed by the Chairman.

To remind Members of the need to record the existence and nature of any personal, disclosable pecuniary or other registrable interests in items on the agenda, in accordance with the Members’ Code of Conduct.

There were no declarations of interest received.

Councillors may present any petition which they have received. These will normally be referred to the appropriate body without discussion.

There were no petitions presented.

Members of the Executive to answer questions submitted by members of the public in accordance with the Council Procedure Rules contained in the Council’s Constitution.

Please note that the list of public questions is shown under item 6 in the agenda pack.

A full transcription of the public and Member question and answer sessions are available from the following link: Transcription of Q&As.

(a)  A question standing in the name of John Gotelee on the subject of LRIE was answered by the Portfolio Holder for Finance and Economic Development.

(b)  It was agreed that a question standing in the name of Alison May on the subject of the Climate & Economy Emergency Bill would receive a written response, given that she was unable to attend the meeting.

(c)  A question standing in the name of Alan Pearce on the subject of the proposed sports ground on Monks Lane was answered by the Portfolio Holder for Internal Governance, Leisure and Culture.

(d)  A question standing in the name of Paul Morgan on the subject of the proposed sports ground development was answered by the Portfolio Holder for Internal Governance, Leisure and Culture.

(e)  A question standing in the name of Lee McDougall on the subject of the proposed sports ground was answered by the Portfolio Holder for Internal Governance, Leisure and Culture.

(f)   It was agreed that a question standing in the name of Vaughan Miller on the subject of Faraday Road Football Ground would receive a written response, given that he was unable to attend the meeting.

(g)  A question standing in the name of Jason Braidwood was withdrawn.

(h)  A question standing in the name of Paul Morgan on the subject of the Local Plan Review was answered by the Portfolio Holder for Planning and Transport.

(i)    A question standing in the name of Lee McDougall on the subject of Faraday Road Football Ground was answered by the Portfolio Holder for Finance and Economic Development.

(j)    It was agreed that a question standing in the name of Vaughan Miller on the subject of Faraday Road Football Ground would receive a written response, given that he was unable to attend the meeting.

(k)  A question standing in the name of Lee McDougall on the subject of Faraday Road Football Ground was answered by the Portfolio Holder for Finance and Economic Development. It was agreed that the supplementary question would receive a written response.

The Council to agree any changes to the membership of Committees.

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

Councillor Carolyne Culver is to stand down as a Substitute Member on the Governance and Ethics Committee. Councillor Steve Masters remains as the Green Party Substitute Member for this Committee.

To note the responses to Motions which have been presented to previous Council meetings.

·         Response to the Motion from Councillor Richard Somner – Item 16 on this agenda.

The Council was asked to note a response to one motion:

The Proposed Firework Motion had received a response, which was set out within Agenda Item 16 and would be discussed during the meeting.

The Council is asked to note that since the last meeting of the Council, the Licensing Committee met on 21 June 2021. Copies of the Minutes of this meeting can be obtained from Legal and Democratic Support or via the Council’s website.

The Council noted that, since the last meeting, the Licensing Committee had met on 21 June 2021.

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

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

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

The Council noted that the Governance and Ethics Committee had not met since the last meeting.

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 the District Planning Committee had not met since the last meeting.

The Council is asked to note that since the last meeting of the Council, the Overview and Scrutiny Management Commission met on 6 July 2021.  Copies of the Minutes of this meeting can be obtained from Legal and Democratic Support or via the Council’s website.

The Council noted that, since the last meeting, the Overview and Scrutiny Management Committee had met on 6 July 2021.

The Council is asked to note that since the last meeting of the Council, the Joint Public Protection Committee met on 14 June 2021.  Copies of the Minutes of this meeting can be obtained from Legal and Democratic Support or via the Council’s website.

The Council noted that, since the last meeting, the Joint Public Protection Committee had met on 14 June 2021.

The Council’s current Chief Executive, Nick Carter, will retire in August 2021. This report therefore seeks approval for the appointment of a Chief Executive, details of which appear in Appendix E, and for the appointment of an Interim Chief Executive as detailed in Appendix F.

The report also seeks approval for a revised salary range for the role of Chief Executive.

The Council considered a report (Agenda Item 15), concerning the appointment of the Chief Executive and amendment of pay policy. The report sought approval for the appointment of a new Chief Executive and approval for the appointment of an Interim Chief Executive. The report additionally sought Council approval for a revised salary range for the role of Chief Executive.

MOTION: Proposed by Councillor Howard Woollaston and seconded by Councillor Lynne Doherty:

That the Council:

“Approve the appointment of the candidate for the role of Chief Executive proposed by the Member Appointment Panel detailed in Appendix E, who will be designated as the head of paid service when they commence their employment with the Council.

Approve the extension of the salary range for Chief Executive to £165,000.

Approve the appointment of the candidate for the role of Interim Chief Executive, as detailed in Appendix F, following the retirement of Nick Carter until the new Chief Executive referenced in paragraph 2.1(a) commences their employment with the Council.”

The Chairman asked the Council to note that Appendix E, which detailed the proposed Chief Executive, was restricted, and asked Councillors to refrain from referring to the name of the individual or any other details from that Appendix during the debate.

Councillor Howard Woollaston introduced the report, stating that the panel appointed to find the new Chief Executive was very successful in finding a good, experienced and dynamic candidate. Councillor Woollaston additionally noted the appointment of Susan Halliwell as Interim Chief Executive, and endorsed the changes in pay structure.

Councillor Lynne Doherty, seconding the motion, noted that this decision is one of the most important that the councillors present will have to consider, as it will have wide-ranging impacts on all aspects of policy. Councillor Doherty commended the work of the panel in Shaw House, testing, interviewing, and talking with potential candidates, and considering the job description and salary of the role. Councillor Doherty expressed regret at the identity of the new Chief Executive being restricted information, but endorsed them to Council, and additionally endorsed Susan Halliwell for agreeing to be Chief Executive in the interim.

Councillor Lee Dillon endorsed the speech from Councillor Doherty, and noted that the panel agreed that they wanted to see energy and innovation from the new Chief Executive. Asking the candidates for presentations on putting customers and residents first, Councillor Dillon stated that the nominee gave an excellent presentation, and endorsed them to the Council.

Councillor Adrian Abbs gave specific reference to Susan Halliwell, and noted that she would be an excellent Interim Chief Executive who has already had great conversations with.

Councillor David Marsh noted that it was not a cross-party process, expressing regret that the Leader of the Green Party, Councillor Carolyne Culver, was not invited to take part. Nevertheless, Councillor Marsh endorsed the motion on behalf of the Green Group.

Councillor Tony Vickers congratulated Susan Halliwell on her nomination as Interim Chief Executive. Noting that she was by far the best candidate at interview stage, Councillor  ...  view the full minutes text for item 35.

To inform Council on how West Berkshire Council can support any aspects of the motion first proposed to Council in September 2020 (set out in Appendix A).

To update the position which was originally presented to the Licensing Committee on 8th February 2021 and was due to be considered at the Full Council meeting on 2nd March 2021.

To outline the reasoning for a different approach in July 2021 compared to the recommendations previously proposed. The change of approach is to move from a proposed Policy to an Operational Approach concerning the legal provisions the Public Protection Partnership (PPP) have with respect to fireworks such as storage, point of sale, intelligence led promotional campaigns and the use of appropriate licensing conditions and noise management plans to minimise the impact. It also identifies areas where the service is unable to act with respect to the protection of animals and other concerns which were the reasoning behind the original RSPCA motion.

To agree the operational approach that will be taken in respect of the management of fireworks.

The Council considered a report (Agenda Item 16) concerning how West Berkshire Council can support any aspects of the motion first proposed to Council in September 2020 (set out in Appendix A), to update the position which was originally presented to Licensing Committee on 8 February 2021 and was due to be considered by the Council meeting on 2 March 2021, to outline the reasoning for a different approach in July 2021 compared to the recommendations previously proposed, and to agree the operational approach that will be taken in respect of the management of fireworks.

MOTION: Proposed by Councillor Graham Bridgman and seconded by Councillor Rick Jones.

That the Council:

“NOTE the report which was taken to Licensing Committee on 8th February 2021 which considered the PPP Response to the proposed motion.

APPROVE the recommendations of the Licensing Committee with respect to the amended motion.

RECOMMEND a West Berkshire Operational Approach to Fireworks and not a Fireworks Policy be presented to the next Licensing Committee (November 2021) for their approval.”

Councillor Graham Bridgman in introducing the report noted that he was only doing so because Councillor Hilary Cole was present remotely, and that she would present the report.

Councillor Hilary Cole noted that the matter had been referred to the Licensing Committee, and that officers had looked into the matter and composed a response which had engendered significant debate. While there was a lot of sympathy for animal owners, with the RSPCA’s role noted, Councillor Cole stated that the wording of the motion went beyond the areas of responsibility of the Council. Work had been undertaken to see where the Council could add value, and in three areas around safety, that could be found. The Council viewed it more important to set out and consolidate its policy on fireworks, which it has done in a single document.

Councillor Richard Somner, as the motion’s original author, thanked Councillors and officers who had taken part in the process to adopt the motion and respond to it. He endorsed the response, and supported the motion.

Councillor Graham Bridgman proposed a minor clerical amendment to a spelling error on Page 69, where “act” had been rendered as “ac”, which was accepted. Councillor Bridgman noted the process had been a successful negotiation, and endorsed the motion.

Councillor Rick Jones noted that the recommendations were pragmatic and positive, and noted the RSPCA’s change of policy which were more in line with the recommendations, and endorsed the motion to the Council.

An indicative vote of all Members present in the Council chamber and remotely approved the Motion.

The Motion was put to the meeting and duly RESOLVED.

The Council considered a report (Agenda Item 16a) concerning fees and charges for fit and proper tests for mobile home site owners and managers.

The report considered and then agreed to include the fees associated with The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 on the Public Protection Partnership’s (PPP) list of fees and charges.

MOTION: Proposed by Councillor Graham Bridgman and seconded by Councillor Rick Jones.

That the Council:

“Agree the fees which are based on the existing framework of Fees and Charges within the Public Protection Partnership.”

Councillor Graham Bridgman in introducing the report passed to Councillor Hilary Jones, who was not physically present at the meeting and so could not propose it herself. Councillor Graham Bridgman additionally proposed a minor clerical amendment to the report, changing the reference to a JPPC meeting in “September 2021” to “September 2020”, this was approved.

Councillor Hilary Cole in presenting the report, noted that the Regulations were introduced in 2020, creating a Fit and Proper Person test for Mobile Home Site owners and managers. This came with two potential fees, for the processing of applications, and maintaining and monitoring the scheme. The Joint Public Protection Committee agreed recommendations in June that were made by the Public Protection Partnership, and proposed a schedule of fees.

Councillor Carolyne Culver asked what other local authorities were doing with these fees, and whether what the Council was proposing was similar. Councillor Culver asked how long the application process would take, and asked how long the check-in process would take so that residents could find out how much these fees would cost them.

Councillor Alan Macro stated that the process had been forced upon them, applicants did not know how long the process was going to take, and that they were being asked to sign up to a programme without knowing what the fees would be.

Councillor Steve Masters raised similar concerns to Councillor Macro, noting that the charges were arbitrary and open-ended, and that applications may be excluded on a financial aspect or be later unable to pay the fees. There were real concerns that the policy was too vague, and that there would be fairness and discrimination issues which required addressing.

Councillor Rick Jones explained that the £259 an hour fee was universal across the PPP, and was calculated upon an estimated number of hours.

Councillor Hilary Cole noted that the guidance had been issued in June, and that the fees were in accordance with the general fee-setting process, and that other local authorities would have a similar fee scheme as the PPP. Councillor Cole had every confidence that the fees were set fairly. The fees are for owners of sites, and so much of the fee will be likely passed on to customers.

An indicative vote of all Members present in the Council chamber and remotely showed Conservative Group approval. Councillor Lee Dillon on a point of order noted that the Liberal Democrat Group  ...  view the full minutes text for item 37.

(a)          The following Motion has been submitted in the name of Councillor Tony Vickers:

“Public Funds for Public Access

That Council notes:

1.    How the pandemic has highlighted the importance of outdoor exercise for our mental and physical health and wellbeing and our understanding of the interconnections between farming, biodiversity and food production;

2.    That the Environment Agency accepts that the benefits of outdoor exercise could be worth billions to the NHS and care services;

3.    That the Environment Bill includes provision for “public funds for public goods”;

4.    That the Agriculture Act contains powers to provide financial assistance to support public access to the countryside, through replacing the EU funding system known as the Common Agriculture Policy (CAP);

5.    The excellent work done by this Council’s Rights of Way Team and many volunteers from bodies represented on the Mid & West Berkshire Local Access Forum to maintain and improve public access to our beautiful countryside, and

6.    The emphasis in our local planning and transport policies towards more ’active travel’ opportunities, as part of combating Climate Change.

Council therefore supports the campaign of the Outdoor Access Alliance of organisations that represent countryside access groups to enable this “BREXIT Bonus” for funding to be channelled through local government to help improve our rights of way network;

And calls on this Council to work with local and national organisations to improve the relationship between urban communities, landowners and farmers as the rural environment and economy is transformed by BREXIT and climate change, so that all our residents better understand the connections between food production, biodiversity, landscape and public health.”

(b)          The following Motion has been submitted in the name of Councillor Lee Dillon:

“That the decision to end a meeting of Full Council rests with the Members in the Chamber deciding a suitable end time rather than any pre-set limit.”

(c)          The following Motion has been submitted in the name of Councillor Tony Linden:

“Sprinklers:

That this Council:

·         Acknowledges that sprinklers and other Automatic Fire Suppression Systems (AFSS) save lives, protect property, reduce the impact of fire on the environment, reduce interruption to business and improve safety for individuals in the community in general and firefighters. In recognising these benefits supports the National Fire Chief’s Council position on sprinklers by writing to Central Government to express support for the creation of a legal requirement to fit sprinklers or AFSS in buildings.

·         Commits to installation of sprinklers or other AFSS within its own building stock when planning for and constructing new buildings or as a retrofitted solution when undertaking major refurbishments of existing buildings.

·         Through building regulations, promotes and supports the installation of sprinklers or other AFSS for all new or refurbished buildings and particularly those that present the most significant risk to the public and firefighters.”

(d)          The following Motion has been submitted in the name of Councillor Lynne Doherty:

“This Council recognises:

the commitment and bravery shown by Locally  ...  view the full agenda text for item 38.

The Council considered the under-mentioned Motion (Agenda item 17a refers) submitted in the name of Councillor Tony Vickers relating to Public Funds for Public Access.

MOTION: Proposed by Councillor Tony Vickers and seconded by Councillor Howard Woollaston.

That Council notes:

“1. How the pandemic has highlighted the importance of outdoor exercise for our mental and physical health and wellbeing and our understanding of the interconnections between farming, biodiversity and food production;

2. That the Environment Agency accepts that the benefits of outdoor exercise could be worth billions to the NHS and care services;

3. That the Environment Bill includes provision for “public funds for public goods”;

4. That the Agriculture Act contains powers to provide financial assistance to support public access to the countryside, through replacing the EU funding system known as the Common Agriculture Policy (CAP);

5. The excellent work done by this Council’s Rights of Way Team and many volunteers from bodies represented on the Mid & West Berkshire Local Access Forum to maintain and improve public access to our beautiful countryside, and

6. The emphasis in our local planning and transport policies towards more ’active travel’ opportunities, as part of combating Climate Change.

Council therefore supports the campaign of the Outdoor Access Alliance of organisations that represent countryside access groups to enable this “BREXIT Bonus” for funding to be channelled through local government to help improve our rights of way network;

And calls on this Council to work with local and national organisations to improve the relationship between urban communities, landowners and farmers as the rural environment and economy is transformed by BREXIT and climate change, so that all our residents better understand the connections between food production, biodiversity, landscape and public health.”

The Chairman informed the Council that under Procedural Rule 4.9.8 the motion would not be debated, and instead it would be referred to the Environment Advisory Group for consideration as the detail of the Motion falls within the remit of the Executive. A report would be considered at Executive and the outcome reported to Council.

Councillor Tony Vickers in introducing the motion noted that it was about a potential Brexit bonus, noting that Michael Gove intended to replace the EU’s Common Agricultural Policy with a Public Funds for Public Goods policy which would reward land owners and farmers. The British Ramblers’ Association are campaigning alongside conservation bodies to flesh out such an intention. The Agriculture Act put that in UK Law, setting out public goods which would be eligible for public funds to support them, and strengthening the responsibilities of local government in supporting this. However, public access was not explicitly included, and the Environmental Land Management Scheme (ELMS) was being trialled by DEFRA prior to this, with only one trial in the country.

Councillor Vickers thanked Councillor Woollaston for his support as the previous Portfolio Holder for Health and Wellbeing, but pointed out that it was a private body, and would struggle to advise the Council on how to respond. He instead suggested  ...  view the full minutes text for item 38.

Members of the Executive to answer questions submitted by Members of the Council in accordance with the Council Procedure Rules contained in the Council’s Constitution.

Please note that the list of public questions is shown under item 18 in the agenda pack.

A full transcription of the Member question and answer session is available from the following link: Transcription of Q&As.

(a)          A question standing in the name of Councillor Erik Pattenden on the subject of the pupil premium was answered by the Executive Member for Children, Young People and Education.

(b)          A question standing in the name of Councillor Phil Barnett on the subject of electric scooters was answered by the Executive Member for Planning and Transport.

(c)          A question standing in the name of Councillor Tony Vickers on the subject of CIL was answered by the Executive Member for Planning and Transport.

(d)          A question standing in the name of Councillor Adrian Abbs on the subject of the booking system at recycling centres was answered by the Executive Member for Environment.