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Agenda and minutes

Venue: Council Chamber Council Offices Market Street Newbury

Contact: Vicki Yull (Principal Democratic Services Officer) 

Media

Items
No. Item

86.

Chairman's Remarks pdf icon PDF 300 KB

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

Minutes:

The Vice-Chairman held a Minutes Silence in respect for former Councillor and Chairman James Mole. Tributes were paid to Mr Mole by Councillors Jeff Brooks, Lynne Doherty and Martha Vickers.

 

The Vice-Chairman referred to the appalling, tragic and unnecessary suffering being experienced currently by the people of Ukraine. Members would be aware of activity happening at a national level, and the Vice-Chairman noted the Motion on the agenda which he hoped would highlight the Council's response locally.

 

The Vice-Chairman reported that twelve civic events had been attended since the last ordinary meeting of Council. This had included several tree planting ceremonies both in remembrance of colleagues lost or affected by Covid and to celebrate The Queen's Platinum Jubilee. He thanked Councillor Graham Pask for having stepped in at short notice to attend some events whilst both he and the Chairman of Council were self-isolating due to Covid. The Chairman had asked the Vice-Chairman in his absence to specifically mention his attendance at the Queen's Award for Voluntary Service, where Home-Start West Berkshire had been recognised for its achievements.

 

The Vice-Chairman also highlighted that today was a dedicated day of remembrance and reflection upon the important work of the social care sector. This was a national initiative, and West Berkshire Council staff had marked it with a Minute’s Silence to remember those lost in the last two years and to thank all those involved in this vital area of work.

87.

Minutes pdf icon PDF 553 KB

The Chairman to sign as a correct record the Minutes of the Council meeting held on 2 December 2021 and 18 January 2022.

Additional documents:

Minutes:

The Minutes of the meetings held on 2 December 2021 and 18 January 2022 were approved as a true and correct record and signed by the Chairman.

88.

Declarations of Interest pdf icon PDF 302 KB

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.

Minutes:

Councillor Tom Marino declared an interest in Agenda Items 5 and 19 (Motions B and D) due to his partner and brother working for Thames Water and reported that, as his interest was a personal or an other registrable interest, he would be leaving the meeting during the course of consideration of those matters.

Councillor Richard Somner declared an interest in Agenda Item 19 (Motion G) due to his employment at the Royal Berkshire NHS Foundation Trust and reported that, as his interest was a personal or an other registrable interest, he would be leaving the meeting during the course of consideration of the matter.

 

Councillor Graham Bridgman declared an interest in Agenda Items 5 and 19 (Motions B and D) due to being in receipt of a pension from Thames Water, in Agenda Item 19 (Motion G) due to being the Council nominated Governor at the Royal Berkshire NHS Foundation Trust, and in Agenda Item 19 (Motion C) due to his spouse being in receipt of a pension, and reported that, as his interest was a personal or an other registrable interest, he would be leaving the meeting during the course of consideration of those matters.

 

Councillor Lynne Doherty declared an interest in Agenda Item 19 (Motion C) due to her spouse being in receipt of a pension from a related company and reported that, as her interest was a personal or an other registrable interest, she would be leaving the meeting during the course of consideration of the matter.

 

Councillor James Cole declared an interest in Agenda Item 19 (Motions C and D) and reported and reported that, as his interest was a personal or an other registrable interest, he would be leaving the meeting during the course of consideration of those matters.

89.

Public Questions pdf icon PDF 169 KB

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.

Minutes:

With the agreement of Council, the Vice-Chairman brought this item forward on the agenda.

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

1.    It was agreed that a question standing in the name of John Bibbings on the subject of the rush hour traffic from the A339 via Cheap Street and Market Street to the Sainsbury’s round-a-bout would receive a written response given that he was unable to attend the meeting.

2.    It was agreed that a question standing in the name of Dave Allen on the subject of what the Council was doing to enlist residents support for the crisis in Ukraine would receive a written response given that he was unable to attend the meeting.

3.    A question standing in the name of Joan Stacey on the subject of older people accessing information on bus services was answered by the Portfolio Holder for Planning and Transport.

90.

Petitions pdf icon PDF 449 KB

To debate a Petition presented by Councillor Steve Masters on sewage discharge by Water Companies.

 

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

 

Minutes:

Councillors Graham Bridgman and Tom Marino left the meeting during consideration of this item due to their declarations of interests on this matter.

The Council considered a Petition for Debate which had initially been presented by Councillor Steve Masters to its meeting on 2 December 2021. It related to sewage discharge by water companies, contained 1,769 signatures, and had been agreed by the Group Leaders as a subject of real significance locally to the people of West Berkshire and its immediate surrounding area therefore triggering this debate.

Prior to debate on this item the Vice-Chairman explained that in accordance with paragraph 1.4(f) of Appendix C (Procedure Rules for Dealing with Representations) to Part 13 (Codes and Protocols) of the Constitution, the petition organiser would have five minutes to introduce the petition and the petition would be debated by Council for a maximum of fifteen minutes. This time limit was specified in the Constitution and could not be extended during the meeting.

The Vice-Chairman continued by explaining that Council had three options for dealing with Petitions for Debate:

1.    To take the action the petition suggested;

2.    Not to take the action for the reason(s) put forward in the debate; and

3.    To commission a further investigation into the matter.

Members could propose one of the options which, if seconded, would be put to a vote. The vote on any proposal which had been seconded would take place at the end of the debate to ensure that Members could consider all comments prior to voting.

Based on proportionality, the Conservative Group would be allocated eight of the fifteen minutes, the Liberal Democrat Group six minutes and the Green Party one minute.

The Vice-Chairman concluded by drawing Members attention to the wording of the Petition for Debate which was set out on the agenda:

“We, the undersigned, petition the Council to request a formal explanation from our local MP’s as to why they voted down Lords Amendment 45 to the Environment Bill which would have placed a legal duty on water companies in England and Wales to make improvements to their sewage systems and demonstrate progressive reductions in the harm caused by discharges of untreated sewage. MPs Laura Farris and John Redwood voted to defeat the Lords amendment (Alok Sharma did not vote). We also petition the Council’s OSMC to robustly question Thames Water at their scheduled appearance in March 2022. OSMC should focus on the amount of discharge in local waterways and the proposed investment in improvements to infrastructure. West Berkshire residents urge the Council to condemn the discharging of raw sewage into our waterways and call upon all stakeholders to work together to end this environmentally destructive practice which also damages public health.”

 

The Vice-Chairman invited Councillor Masters to introduce the Petition for Debate.

Councillor Masters explained that sewage in rivers could happen for a number of reasons, but the main reason was a Combined Sewer Outflow (CSO). This was only meant to occur under exceptional circumstances but  ...  view the full minutes text for item 90.

91.

Notices of Motion pdf icon PDF 358 KB

Please note that the list of Motions is shown under Item 19 in the agenda pack.

Minutes:

With the agreement of Council, the Vice-Chairman brought this item forward on the agenda. The Vice-Chairman then indicated the revised order under which the Motions would be taken.

The Council considered the under-mentioned Motion (Agenda Item 19(b) refers) submitted in the name of Councillor Steve Ardagh-Walter regarding the levels of sewage discharge by water companies.

Councillors Graham Bridgman and Tom Marino left the meeting during consideration of this Motion due to their declarations of interests on this matter.

The Chairman informed Council that the Motion, if seconded, would be debated at the meeting.

MOTION: Proposed by Councillor Steve Ardagh-Walter and seconded by Councillor Richard Somner:

“This Council considers that the level of sewage discharge by water companies into our rivers is unacceptable - sewage contamination can have a devastating impact on fish and other aquatic wildlife. Further, if people swim, bathe or participate in activities in or around sewage contaminated water, there are significant risks to public health such as gastroenteritis, ear, nose and throat infections, skin infections, and worse.

 

This Council believes that water companies must significantly reduce sewage discharges from storm overflows as a priority.

 

This Council welcomes the Environment Act 2021, which has created a new duty on HM Government to produce (by September 2022) a statutory plan to reduce discharges from storm overflows, and to produce a report setting out the actions that would be needed to eliminate discharges from storm overflows in England, together with the costs and benefits of those actions.

 

This Council also welcomes the new statutory duty requiring water companies to produce comprehensive Drainage and Sewerage Management Plans, which means that they must set out how they will manage and develop their drainage and sewerage systems over a minimum 25-year planning horizon, including how storm overflow issues will be addressed.

 

Of specific local relevance, this Council welcomes Thames Water’s initiation of a significant restoration project, including an end to sewage discharges, for the River Pang. We look forward to seeing results of this work as it unfolds.”

Councillor Ardagh-Walter in introducing the Motion highlighted that it sought to establish a concrete, useful and constructive way forward to achieve the goal of having cleaner, better rivers free of sewer discharges. He noted that many amendments had been made to the Environment Act which was still ongoing in terms of its implementation and, whilst viewed as a major step forward, it was acknowledged that it was not perfect.

 

Councillor Ardagh-Walter referred to the de-nationalisation of the water industry in the 1980s which he felt had delivered improvements and had been driven by the dual imperatives of keeping price rises as moderate as possible for consumers whilst increasing quality. Though still unacceptable, he felt that rivers today were in much better condition than when under the control of the former Water Boards.

 

The challenges as Councillor Ardagh-Walter viewed them were several-fold. The growth in houses and the level of investment in the water industry had not kept up with population growth and intensive farming also  ...  view the full minutes text for item 91.

92.

Membership of Committees pdf icon PDF 302 KB

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

Minutes:

Council considered a number of changes to committee membership that had been put forward by the Leader of the Council and the Leader of the Liberal Democrat Group. These proposals were seconded by Councillor Graham Bridgman.

It was put to the vote and duly RESOLVED that the following changes would be made to Committee appointments for the remainder of the 2021/2022 Municipal Year:

 

1.         Councillor Biyi Oloko to replace Councillor Claire Rowles as a member of the Governance and Ethics Committee.

2.         Councillor Claire Rowles to replace Councillor Garth Simpson as a substitute member of the Governance and Ethics Committee.

3.         Councillor Lynne Doherty to replace Councillor Garth Simpson as a member of the Personnel Committee.

4.         Councillor Biyi Oloko to replace Councillor Richard Somner as a substitute member of the Personnel Committee.

5.         Councillor Biyi Oloko to replace Councillor Garth Simpson as a substitute member of the Overview and Scrutiny Management Commission.

6.         Councillor Steve Ardagh-Walter to replace Councillor Hilary Cole on the Council of Partners North Wessex Downs AONB.

7.         Councillor Jeremy Cottam to replace Councillor Royce Longton as a member of the Eastern Area Planning Committee.

93.

Motions from Previous Meetings pdf icon PDF 302 KB

To note the following response to a Motion which had been presented to a previous Council meeting.

-       Response to the Motion from Councillor Lee Dillon on the Executive acting outside of policies on Green Infrastructure – Item 6, Overview and Scrutiny Management Commission Agenda, 31 August 2021. A copy of the Minutes of this meeting can be obtained from Democratic Services or via the Council's website.

Minutes:

Members were asked to note the response to a Motion from Councillor Lee Dillon on the Executive acting outside of policies on Green Infrastructure which had been tabled at a previous Council meeting. As the Motion had been discussed and responded to by the Overview and Scrutiny Management Commission at its meeting on 31 August 2021 it was not proposed to revisit the discussion on this item at this meeting.

94.

Licensing Committee pdf icon PDF 321 KB

The Council is asked to note that since the last ordinary meeting of the Council, the Licensing Committee met on 31 January 2022. A copy of the Minutes of this meeting can be obtained from Democratic Services or via the Council's website

Minutes:

The Council noted that, since its last ordinary meeting, the Licensing Committee had met on 31 January 2022.

95.

Personnel Committee

The Council is asked to note that since the last ordinary meeting of the Council, the Personnel Committee met on 14 December 2021 and 21 February 2022. Copies of the Minutes of these meetings can be obtained from Democratic Services or via the Council’s website.

Minutes:

The Council noted that, since its last ordinary meeting, the Personnel Committee had met on 14 December 2021 and 21 February 2022.

96.

Governance and Ethics Committee

The Council is asked to note that since the last ordinary meeting of Council, the Governance and Ethics Committee met on 17 January 2022. A copy of the Minutes of this meeting can be obtained from Democratic Services or via the Council’s website.

Minutes:

The Council noted that, since its last ordinary meeting, the Governance and Ethics Committee had met on 17 January 2022.

97.

District Planning Committee

The Council is asked to note that since the last ordinary meeting of the Council, the District Planning Committee met on 2 March 2022. A copy of the Minutes of this meeting can be obtained from Democratic Services or via the Council’s website.

Minutes:

The Council noted that, since its last ordinary meeting, the District Planning Committee had met on 2 March 2022.

98.

Overview and Scrutiny Management Commission

The Council is asked to note that since the last ordinary meeting of the Council, the Overview and Scrutiny Management Commission met on 25 January 2022. A copy of the Minutes of this meeting can be obtained from Democratic Services or via the Council’s website.

Minutes:

The Council noted that, since its last ordinary meeting, the Overview and Scrutiny Management Commission had met on 25 January 2022.

99.

Health Scrutiny Committee

The Council is asked to note that since the last ordinary meeting of the Council the Health Scrutiny Committee has not met.

Minutes:

The Council noted that, since its last ordinary meeting, the Health Scrutiny Committee had not met.

100.

Health and Wellbeing Board

The Council is asked to note that since the last ordinary meeting of the Council, the Health and Wellbeing Board met on 9 December 2021 and 17 February 2022. Copies of the Minutes of these meetings can be obtained from Democratic Services or via the Council's website.

Minutes:

The Council noted that, since its last ordinary meeting, the Health and Wellbeing Board had met on 9 December 2021 and 17 February 2022.

101.

Joint Public Protection Committee

The Council is asked to note that since the last ordinary meeting of the Council, the Joint Public Protection Committee met on 13 December 2021 and 14 March 2022. Copies of the Minutes of these meetings can be obtained from Democratic Services or via the Council's website.

Minutes:

The Council noted that, since its last ordinary meeting, the Joint Public Protection Committee had met on 13 December 2021 and 14 March 2022.

102.

Statutory Pay Policy 2022 (C4021) pdf icon PDF 419 KB

Purpose: In accordance with the requirement of section 38 of the Localism Act 2011 to publish an annual pay policy statement, to approve the Statutory Pay Policy Statement for publication from 1st April 2022.

Additional documents:

Minutes:

Council considered a report (Agenda Item 17) which set out how it is required, in accordance with section 38 of the Localism Act 2011, to publish an annual pay policy statement. Approval of the Statutory Pay Policy Statement for publication from 1 April 2022 would ensure compliance with that duty.

 

MOTION: Proposed by Councillor Howard Woollaston and seconded by Councillor James Cole:

“That Council:

1.    Adopts and approves the Statutory Pay Policy Statement at Appendix C of the report for publication from 1 April 2022.

  1. Delegates authority to the Service Director, Strategy and Governance, in consultation with the Portfolio Holder for Internal Governance, Leisure and Culture, to update the Pay Policy Statement following any pay awards to be effective from 1 April 2021 and the 1 April 2022.”

 

Councillor Howard Woollaston in recommending approval of the Motion was sure that Members recalled from previous years the Council being under the statutory duty under the Localism Act 2011 to publish an annual pay policy statement. He noted this would take effect from 1 April 2022 with the report seeking formal approval from Council to issue the statement. He advised that since the Summons and Agenda had been issued the settlement had been agreed at 1.75% which would be incorporated into the published statement. Councillor Woollaston highlighted that this was a housekeeping issue and uncontroversial.

 

Councillor James Cole had nothing further he wished to add to the debate.

 

The Motion was put to the vote and duly RESOLVED.

103.

Members' Questions pdf icon PDF 167 KB

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 Member questions is shown under Item 20 in the agenda pack.

Minutes:

With the agreement of Council, the Vice-Chairman brought this item forward on the agenda.

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 Councillor Martha Vickers on the subject of the changes planned with regards to the proportion of highways budgets utilised for the maintenance and improvements to footways was answered by the Portfolio Holder for Planning and Transport.

(b)          A question standing in the name of Councillor Owen Jeffery to the Leader of the Council was withdrawn.

(c)          A question standing in the name of Councillor Martha Vickers on the subject of what the Council was doing to manage the problems created by the increase in dog ownership was answered by the Portfolio Holder for Environment and Waste.

104.

Member request for information (C4183) pdf icon PDF 416 KB

Purpose: To consider a request by a Member of Council for access to information, under a procedure detailed in the Council’s Constitution at paragraph 13.3.7, seeking disclosure of an operational document setting out enforcement options in relation to a Community Infrastructure Levy Liability.

Minutes:

Council considered a report (Agenda Item 18) which set out a request by a Member of Council for access to information under a procedure detailed in the Council’s Constitution at paragraph 13.3.7. The request was seeking disclosure of an operational document setting out enforcement options in relation to a CIL liability.

 

MOTION: Proposed by Councillor Ross Mackinnon and seconded by Councillor Graham Bridgman:

 

“That Council:

1.         Notes the legal position with regard to Members rights to access information, and the limitations of that right.

2.         Confirms that, in the circumstances, the request for information should be refused.”

 

Councillor Ross Mackinnon noted that this was a request by a Member to access exempt and legally privileged information. The particulars of the case had already been the subject of a Motion to Council in December 2020 which had been responded to by Executive in March 2021. This matter related to the principle of when a Member had the right to access sensitive information and when that right should be limited. He set out how the statutory guidance was clear that Members of a principal Council did not have unrestricted rights to access documents pertaining to a decision made by the Council, the executive, its committees or officers who may be acting under delegated authority. The Local Government Acts of 1972 and 2000 and The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 all placed limitations on Members rights of access, specifically on the grounds of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

In this particular instance, Councillor Mackinnon explained that the Monitoring Officer, who was also the senior solicitor of the Council, had provided advice that the document contained exempt information and should not be disclosed. In addition to the statutory framework, case law (principally the Birmingham case in 1983) had established that elected Members have a right of common law to access information that they needed to know to discharge their duties as a councillor. The document in question reviewed different options open to the Council to resolve a particular matter and contained legal advice and the potential implications of the various options available. The document would remain exempt from disclosure even in the event of legal proceedings against the Council in the absence of a court order requiring it.

 

Councillor Mackinnon spoke about the decision of the Governance and Ethics Committee to refer this matter to Council. External advice had been sought from a leading public and administrative law barrister who supported the Council's position on the non-disclosure of the document since a ‘need to know’ had not been demonstrated. The Council’s Constitution also reflected the legal position he had outlined regarding the question of access to information. Of particular relevance were sections 2.3.5 (which stated that documents dealing with individuals or other confidential matters may not be available) and section 13.3.7 which dealt with the inspection of and access to documents.

 

Councillor Mackinnon also  ...  view the full minutes text for item 104.