Agenda, decisions and minutes

To approve as a correct record the Minutes of the meetings of the Executive held on 14 February 2019.

The meeting commenced with all present observing a one minute silence for former District Councillor Ian Clay who had sadly passed away very recently. As well as being a former District Councillor, Ian had also been a Parish Councillor, a School Governor, had fulfilled roles with Sovereign Housing Association and Royal Berkshire Hospital Foundation Trust, as well as performing volunteer roles. This named just some of the roles that Ian had undertaken both across the District and in his more local area.

The Minutes of the meetings held on 14 February 2019 were approved as a true and correct record and signed by the Leader.

Councillor Graham Jones recorded his thanks for the accuracy of the minutes produced for Executive meetings over the past four year period.

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.

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

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

“Can you please tell me how much money does the Council pension pot hold and how much is made through its investment?”

A question standing in the name of Miss Louise Harriet Coulson on the subject of the amount of money held in the Council pension pot and the amount made through its investment would receive a written answer from the Portfolio Holder for Finance, Transformation and Property.

“Does the Council consider itself ‘The Council of Business’ supporting enterprises of all sizes in the area?”

A question standing in the name of Mr Peter Norman on the subject of the level of support given by the Council to enterprises across West Berkshire was answered by the Portfolio Holder for Economic Development and Communications.

“Does the Council agree that one of the most effective ways to combat carbon emissions in our area is to ensure that every new home built is a zero carbon home requiring minimal energy requirements and built so as not to be reliant on any fossil fuels?”

A question standing in the name of Mr Peter Norman on the subject of building zero carbon homes was answered by the Portfolio Holder for Planning, Housing and Waste.  

“Can the Council confirm that in considering new planning applications it will be taking into full account the impact such developments have on pollution levels from the generation of extra traffic and the resultant detriment of air quality in the district, especially in considering the siting of new schools and indeed the impact on existing schools in the proximity of such developments?”

A question standing in the name of Mr Peter Norman on the subject of the impact of new developments on pollution levels was answered by the Portfolio Holder for Planning, Housing and Waste. 

“How often are resident’s parking schemes reviewed, with particular reference to central Newbury areas where electric charging points are about to be installed?”

A question standing in the name of Mrs Martha Vickers asking how frequently were residents’ parking schemes reviewed, in particular those areas where electric charging points were about to be installed, was answered by the Portfolio Holder for Highways and Transport, Environment and Countryside. 

“What action did the planning enforcement team take as a result of the information they were emailed by me on Wednesday 13 March about the poorly installed netting and trapped birds in Theale?”

A question standing in the name of Ms Lisa Cox (asked on her behalf by Ms Carolyne Culver) on the subject of the action taken by the Council’s planning enforcement team after being advised of the poorly installed netting and trapped birds in Theale was answered by the Portfolio Holder for Planning, Housing and Waste. 

“Who sanctioned the installation of inappropriate hedge netting in Theale that is full of holes and not secured to the ground?”

A question standing in the name of Ms Paula Crawford (asked on her behalf by Ms Carolyne Culver) querying who sanctioned the installation of inappropriate hedge netting in Theale was answered by the Portfolio Holder for Planning, Housing and Waste. 

“Can West Berkshire Council confirm they commissioned and implemented the recommendations of an independent Arboricultural Impact Assessment and Arboricultural Method Statement prior to the commencement of construction works in Theale?”

A question standing in the name of Ms Sharon Cox (asked on her behalf by Ms Carolyn Culver) seeking confirmation that the Council commissioned an independent Arboricultural Impact Assessment and Arboricultural Method Statement prior to the commencement of construction works in Theale and implemented its recommendations was answered by the Portfolio Holder for Planning, Housing and Waste. 

“Why doesn't this Council adopt a policy of 20mph speed limits outside all schools which have flashing lights at drop-off and pick-up times?"

A question standing in the name of Mr Tony Vickers on the subject of whether the Council would adopt a policy of 20mph speed limits outside all schools which had flashing lights at drop-off and pick-up times was answered by the Portfolio Holder for Highways and Transport, Environment and Countryside. 

“Will West Berkshire Council follow the lead of other Councils and institute Litter Champions across the District?”

A question standing in the name of Mrs Martha Vickers on the subject of whether the Council would follow the lead of other Councils and institute Litter Champions across the District was answered by the Leader of the Council. 

“With the winter sleeping arrangements for the homeless nearing an end, what plans does the Council have for next winter’s provision?”

A question standing in the name of Mr Andy Moore on the subject of what plans the Council had for next winter’s sleeping arrangements for the homeless was answered by the Portfolio Holder for Planning, Housing and Waste. 

“How will the interaction over next year’s winter provision with West Berkshire Homeless be managed?”

A question standing in the name of Mr Andy Moore on the subject of how the interaction over next winter’s homeless provision between the Council and West Berkshire Homeless would be managed was answered by the Portfolio Holder for Planning, Housing and Waste. 

“How confident is the Executive that its mistake in managing its social care budget has not led to individuals being refused care or receiving a lower amount of care because the Council’s own financial projections were incorrect?”

A question standing in the name of Dr Julie Wintrup (asked on her behalf by Dr Bob Chapman) on the level of confidence the Executive had that its mistake in managing its social care budget had not impacted on the care received by individuals was answered by the Portfolio Holder for Adult Social Care. 

“How will the Executive seek to rebuild confidence among the public that it is capable of managing large budgets and public services in ways that are open and transparent, and able to be properly scrutinised?”

A question standing in the name of Dr Julie Wintrup (asked on her behalf by Dr Bob Chapman) on the subject of how the Council would rebuild confidence among the public that it was capable of managing large budgets and public services open and transparently was answered by the Leader of the Council. 

“For how long has West Berkshire Council been without a trained senior ecologist?”

A question standing in the name of Ms Carolyne Culver asking how long the Council had been without a trained senior ecologist was answered by the Portfolio Holder for Planning, Housing and Waste. 

“Is the Council seriously considering a western relief road as posited by Nick Carter in a recent interview?”

A question standing in the name of Mr Stephen Masters asking whether the Council was seriously considering a western relief road was answered by the Portfolio Holder for Highways and Transport, Environment and Countryside. 

“Does West Berkshire Council have a Rural Strategy for the defined rural areas of West Berkshire?”

A question standing in the name of Ms Alison May on the subject of whether the Council had a Rural Strategy for the defined rural areas of West Berkshire Homeless would receive a written answer from the Portfolio Holder for Planning, Housing and Waste. 

“Can the Council please share the business case and the associated up front and ongoing running costs for next 3 years, associated with its latest proposal for the Faraday Football ground? (that was announced last week)”

A question standing in the name of Mr Paul Morgan (asked on his behalf by Mr Jack Harkness) on whether the Council would share the business case and associated up front and ongoing running costs for the next 3 years, associated with the latest proposal for the Faraday football ground, was answered by the Portfolio Holder for Economic Development and Communications. 

“Why does the Council’s Positioning Statement on LRIE not disclose the fact that to meet the Government’s National Policy Framework (NPPF) it must replace the football ground?”

A question standing in the name of Mr Lee McDougall asking why the Council’s Positioning Statement on LRIE did not disclose that it needed to replace the football ground in order to meet the Government’s National Planning Policy Framework was answered by the Portfolio Holder for Planning, Housing and Waste. 

“What proportion of North Wessex AONB meetings has West Berkshire Council attended during the current administration's four years in office?”

A question standing in the name of Ms Alison May asking what proportion of North Wessex AONB meetings the Council had attended during the current Administration’s four years in office would receive a written answer from the Portfolio Holder for Highways and Transport, Environment and Countryside. 

“Will the new football facility that forms part of the investment in Northcroft Leisure be of better or equivalent quality of Faraday Road as per Sport Englands' mandatory requirements, should the Faraday Road Football Ground be given Planning Permission for a change of use?”

A question standing in the name of Mr John Stewart on the subject of whether the new football facility, that formed part of the investment in Northcroft Leisure, would be of better or equivalent quality of Faraday Road, as per the requirements of Sport England, if the Faraday Road Football Ground was given planning permission for a change of use, was answered by the Portfolio Holder for Economic Development and Communications.

“Will the newly planned, bookable 5-a-side pitches at Faraday Road re-open and make available the existing toilets, changing room, stands and floodlights when it re-opens the facility to the public?”

A question standing in the name of Mr Lee McDougall on the subject of whether the newly planned, bookable 5-a-side pitches at Faraday Road would re-open and make available the existing toilets, changing room, stands and floodlights when it re-opened the facility to the public, was answered by the Portfolio Holder for Economic Development and Communications.

“What modelling and assessment does the Council use to analyse the cost benefits of road widening against the respective cost benefit analysis of spending on cycling and walking infrastructure, including impact on pollution and health as well as financial impact etc?”

A question standing in the name of Mr Stephen Masters asking what modelling and assessment did the Council use to analyse the cost benefits of road widening against the respective cost benefit analysis of spending on cycling and walking infrastructure was answered by the Portfolio Holder for Highways and Transport, Environment and Countryside. 

“Approximately what salary is required to purchase an ‘Affordable’ home with a 90% mortgage here in West Berkshire and how does this relate to average household incomes?”

A question standing in the name of Mr Stephen Masters asking what level of salary was required to purchase an ‘affordable’ home with a 90% mortgage in West Berkshire, and how this related to average household incomes, would receive a written answer from the Portfolio Holder for Planning, Housing and Waste. 

There were no petitions presented to the Executive.

Purpose:  To introduce the draft Economic Development Strategy.

Resolved that the draft Strategy can go forward to consultation.

This decision is eligible to be ‘called-in’.  However, if the decision has not been ‘called-in’ by 5.00pm on 4 April 2019, then it will be implemented.

The Executive considered a report (Agenda Item 6) concerning the draft Economic Development Strategy.

Councillor James Fredrickson introduced the item by explaining that the Economic Development Strategy was designed to help meet forthcoming challenges for the District. Key amongst those challenges was the projected demographic shift in West Berkshire which suggested a move from the current position of having four working age people for every retired person to two working age people for every retired person. A projected 185% increase in over 85 year olds over the next 25 years was not sustainable as things stood and was being prepared for. The Economic Development Strategy had a key role in this.

West Berkshire’s local economy was strong, resilient and diverse, and brought many benefits to meet future challenges. The district had an incredible amount to offer businesses and residents with excellent digital connectivity (including broadband in rural areas and a move to 5G connectivity), key strategic transport links, world class training opportunities and representation from a wide range of industries. Councillor Fredrickson added that West Berkshire Council had been nominated for an award for its plans to support economic growth.

In terms of specifics, Councillor Fredrickson highlighted (as one example of many initiatives) that the Economic Development Strategy would encourage the greater uptake of apprenticeships. A Community Apprenticeship Levy Fund would be created and used innovatively to enable a wider range of businesses to employ an apprentice.

The Executive was being asked to approve the Economic Development Strategy for consultation. Subject to gaining approval, the consultation process and the resultant adoption and then implementation of the document would be owned by the newly formed Economic Development Board.

Councillor Lee Dillon advised that he would make his comments in response to the consultation, but he questioned the absence of any mention of Brexit and/or the UK’s relationship with the European Union (EU). Had that been considered in the production of the Strategy?

In response, Councillor Fredrickson explained that consideration was given in producing the Strategy to the political situation in relation to the EU and meeting changing market forces. The focus for the future was for West Berkshire to be more independent regardless of difficulties that might be encountered.

RESOLVED that the draft Strategy would be approved for consultation.

Other options considered: None.

(CSP: BEC, SLE, P&S, HQL, MEC, BEC1, BEC2, SLE1, SLE2, P&S1, HQL1, MEC1)

Purpose: To report quarter three outturns for the Key Accountable Measures (KAMs) which monitor performance against the 2018/19 Council Performance Framework; to provide assurance that the objectives set out in the Council Strategy 2015-2019 and other areas of significant activity are being managed effectively; to present, by exception, those measures which are predicted to be ‘amber’ (behind schedule) or ‘red’ (not achievable) at year end, and provide information on any remedial action taken and the impact of that action; and to recommend changes to measures/targets, as requested by services.

Resolved that:

·         Progress against the KAMs and key achievements in all services be noted.

·         Those areas reported as ‘amber’ and ‘red’ had been reviewed to ensure that appropriate actions were in place, in particular for the measures relating to:

(1)  the number of bed days due to Delayed Transfers of Care (DToC) already reported to elected Members during the OSMC on a regular basis; and

(2)  the number of ASC clients with Long Term Support receiving a review – improvement actions included Corporate Board’s recommendation that the LGA be invited to conduct a focused peer review to identify any further solutions to manage performance in this area.

·         The house price and planning measures, and their possible impact on the provision of affordable housing committed to in the draft Council Strategy, be noted.

·         The increase in demand and its subsequent impact on performance and financial commitment in Children’s Social Care and Safeguarding Services be noted.

This decision is eligible to be ‘called-in’.  However, if the decision has not been ‘called-in’ by 5.00pm on 4 April 2019, then it will be implemented.

The Executive considered a report (Agenda Item 7) which outlined quarter three outturns for the Key Accountable Measures (KAMs) which monitored performance against the 2018/19 Council Performance Framework; provided assurance that the objectives set out in the Council Strategy 2015-2019 and other areas of significant activity were being managed effectively; presented, by exception, those measures which were predicted to be ‘amber’ or ‘red’ at year end, provided information on any remedial action taken/its impact; and recommended changes to measures/targets requested by services.

Councillor Dominic Boeck in introducing the report drew attention to the fact that actions were being put in place to improve those measures reporting as ‘amber’ or ‘red’. In particular, this included measures relating to:

(1)  The number of bed days due to Delayed Transfers of Care (DToC). This was already reported to Members, including the Overview and Scrutiny Management Commission (OSMC), on a regular basis.

(2)  The number of Adult Social Care (ASC) clients with Long Term Support receiving a review. Improvement actions included an invitation to the Local Government Association to conduct a focussed peer review to identify any further solutions to manage performance in this area.

The report also recommended that the following points be noted:

·         House prices and planning measures, and their potential impact on the provision of affordable housing committed to in the draft Council Strategy.

·         The increase in demand and its subsequent impact on performance and financial commitment in Children’s Social Care and Adult Safeguarding Services.

Councillor Graham Bridgman added to the points made about DToC. He explained that significant improvements had been made in this area of work and this had been achieved with the help of cross-system and cross-organisation co-operation with health partners. However, while performance was considerably better than a year ago, the Council was not resting on its laurels and this work continued to be high on the radar. Benchmarking data was regularly analysed for comparison purposes and to help identify any further areas for improvement.

Turning to Long Term Support packages, Councillor Bridgman advised that plans were in place to review these in line with Care Act requirements. This activity was listed as a high priority as part of the ASC New Ways of Working review. He would be working with officers to continue to make progress in this area.

Finally, Councillor Bridgman made reference to improvements at Birchwood Nursing Home. He had recently visited the home with Councillor Marigold Jaques and they were very impressed by the work of the team at Birchwood. As Portfolio Holder he was satisfied by the considerable amount of work that had been and continued to be undertaken, and by the resource levels put in place. He felt this was in line with the requirements and expectations of the Care Quality Commission (CQC).

Councillor Hilary Cole drew attention to the Council’s performance in the area of bin collection and street cleaning. The percentage of recycled, composted, reused and recovered household waste remained positive at an estimate of 89%. This equated with  ...  view the full minutes text for item 100.

Purpose:  To set out the final proposals for a new emergent senior management structure which, if agreed, would start to be implemented from April 2019.

Resolved that:

(1)       the consultation comments in paragraphs 2.21 – 2.29 of the main report be noted along with the resulting commentary;

(2)       the proposed new management structure outlined in Appendix E2 be agreed subject to further consideration of the Service Director (Children and Young People) post at an appropriate point in the future;

(3)       the proposal to implement this new management structure from April 2019 (subject to consultation) be noted, and that implementation of the new structure will be emergent;

(4)       appointment to the post of Executive Director (Resources) commences immediately in accordance with the Person Specification, Job Description and Remuneration set out in Appendix F.  The Personnel Committee will be asked to authorise that this post is assigned the Council’s Section 151 Officer if this recommendation is approved;

(5)       an annual review of the progress with implementing the management structure is undertaken by the Head of Paid Service to determine whether sufficient progress has been made with implementing the new arrangements;

(6)       on the subsequent appointment of Service Director posts, the Tier 4 management arrangements be reviewed and proposals brought forward on a Department by Department basis by the Service Director working to an agreed corporate framework;

(7)       a paper specifying remuneration levels for the Chief Executive, Executive Director, and Service Director posts be brought forward by the Head of HR after April 2019 and that this includes an option to enhance the current grade structure to assist recruitment and retention at Tier 4.

This decision is eligible to be ‘called-in’.  However, if the decision has not been ‘called-in’ by 5.00pm on 4 April 2019, then it will be implemented.

The Executive considered a report (Agenda Item 8) which set out the final proposals for a new emergent senior management structure which, if agreed, would start to be implemented from April 2019.

Councillor Graham Jones commented that a strong and stable senior management structure had been in place at the Council for many years. However, some Heads of Service had retired and others were due to retire in the relatively near future and therefore this emergent senior management structure had been put forward. While an efficient and, as much as possible, a cost effective structure would continue to be in place, a need for enhanced strategic capacity was reflected in the proposed new structure as was the need for different skill sets.

Councillor Graham Jones continued by explaining that the senior management review was not driven by a desire to find savings. There was however an expectation that the changes, including enhanced remuneration, would be met from within the existing budget envelope. Overall financial savings would be delivered through reducing the number of senior managers at Tiers 1 to 3. This was likely to be offset by an increase in remuneration but more significantly by a likely increase in capacity and capability at Tier 4. The appointment of an Executive Director (Resources) would create a budget pressure although this would be offset in part by a reduction in the numbers of Heads of Service within the Resources Directorate. It was recommended that any short term budget pressure emerging during 2019/20 would be met from the Restructuring Reserve.

Councillor Lee Dillon advised that the Liberal Democrat Group had received a briefing from the Chief Executive on this report and its proposals. While concern had been expressed of the potential for increased costs, it was felt that the phased approach to the new structure was sensible with implementation as and when Heads of Service retired.

RESOLVED that:

(1)       the consultation comments in paragraphs 2.21 – 2.29 of the main report be noted along with the resulting commentary;

(2)       the proposed new management structure outlined in Appendix E2 be agreed subject to further consideration of the Service Director (Children and Young People) post at an appropriate point in the future;

(3)       the proposal to implement this new management structure from April 2019 (subject to consultation) be noted, and that implementation of the new structure will be emergent;

(4)       appointment to the post of Executive Director (Resources) commences immediately in accordance with the Person Specification, Job Description and Remuneration set out in Appendix F.  The Personnel Committee will be asked to authorise that this post is assigned the Council’s Section 151 Officer;

(5)       an annual review of the progress with implementing the management structure is undertaken by the Head of Paid Service to determine whether sufficient progress has been made with implementing the new arrangements;

(6)       on the subsequent appointment of Service Director posts, the Tier 4 management arrangements be reviewed and proposals brought forward on a Department by Department basis by the  ...  view the full minutes text for item 101.

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

“Given that 20 local schools are heading towards being in deficit, what sum of money is needed to get them out of deficit without further spending cuts?”

A question standing in the name of Councillor Mollie Lock asking what sum of money was needed to get schools out of deficit without further spending cuts was answered by the Portfolio Holder for Children, Education and Young People.

“Given Councillor Bridgman’s comments reported in the Newbury Weekly News regarding the missing £2m from the Adult Social Care budget, does the Portfolio Holder now intend to get into the detail of the budget?”

A question standing in the name of Councillor Lee Dillon asking the Portfolio Holder about his involvement in the management of the Adult Social Care budget was answered by the Portfolio Holder for Adult Social Care.

“We welcome the fact that you will consult and that there will be cross party working on the new LRIE plan, but can you confirm that there is no outstanding contract with St Modwen?”

A question standing in the name of Councillor Lee Dillon on the subject of whether or not there was an outstanding contract with St Modwen in relation to the LRIE was answered by the Portfolio Holder for Corporate Services.

“Under what circumstances can a CIL charge be cancelled or set aside?”

An urgent question standing in the name of Councillor Gordon Lundie, asking under what circumstances could a CIL charge be cancelled or set aside, was answered by the Portfolio Holder for Planning, Housing and Waste.

“Can you provide an update on the Highwood Copse project, given that the contractor has gone into administration?”

An urgent question standing in the name of Councillor Mollie Lock asking for an update on the Highwood Copse project, given that the contractor had gone into administration, was answered by the Portfolio Holder for Children, Education and Young People.

Prior to the move to exclude members of the press and public, Councillor Graham Jones took the opportunity to say farewell to Andy Day, the Head of Strategic Support, who was in attendance at his last Executive meeting before he retired and to place on record his thanks for Andy’s work over many years at the Council.

Andy’s career in local government started on 20 June 1977 at Gosport Borough Council at the age of 17. In 1988, Andy became an Associate of the Institute of Chartered Secretaries. Andy joined West Berkshire Council in 2001 and had been Head of Service since 2007.

Aside from the workplace, Andy was a passionate footballer. He played semi-professionally for Portsmouth and Councillor Graham Jones enjoyed Andy’s regular use of football metaphors at meetings.

Councillor Graham Jones concluded by once again thanking Andy and stating that it had been a great pleasure to work with him.

Councillor Lee Dillon echoed the comments made by the Leader. He added, from Liberal Democrat Members, that Andy’s role in Strategic Support and in supporting Members had always extended across both parties in an encouraging way. For example, when Liberal Democrat Members had brought forward propositions, Andy had helped find the best way to bring them before the Council. Councillor Dillon, on behalf of the Opposition, gave thanks to Andy and, on a personal level, thanked Andy for his help in discussing Council issues and stated that his advice had always been welcomed.

Councillor Mollie Lock then gave her thanks to Andy for procuring the Chairman’s badges. This was very much appreciated as it recognised that a Member had undertaken this important role.

Councillor Graham Jones then extended his thanks to officers for the support given to himself over many years as this was his last Executive meeting before he stood down as a Councillor. In particular, he singled out Nick Carter, Chief Executive, with whom he had worked since 2005, and stated that it had been an absolute pleasure to work with him over such a long period. Nick stated that it had likewise been an absolute pleasure to work with Graham.

As this was Councillor Graham Jones last Executive meeting, Councillor Hilary Cole, on behalf of the Executive, reflected on Graham’s time as Leader of the Council. He had served two periods as Leader and in his second spell as Leader he had done exceptionally well, particularly during the very sad and difficult period of time when former Leader, Councillor Roger Croft, had sadly passed away.

She continued by explaining that Graham’s consensual and inclusive approach had been both essential and exceptional. He was willing to take the views of others into account and this was important when considering the large Conservative Group and the, at  ...  view the full minutes text for item 102.(e)

RESOLVED that members of the press and public be excluded from the meeting for the under-mentioned item of business on the grounds that it involves the likely disclosure of exempt information as contained in Paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information)(Variation) Order 2006. Rule 8.10.4 of the Constitution also refers.

(Paragraph 1 – information relating to an individual)

(Paragraph 2 – information identifying an individual)

Purpose: To seek approval for redundancy payments associated with the organisational change process in the Youth Offending Team.

Resolved that the recommendation in the exempt report be approved.

This decision is not subject to call in as:

·      a delay in implementing the decision would cause the Council serious financial implications or could compromise the Council's position.

therefore it will be implemented immediately.

The Executive considered an exempt report (Agenda Item 11) which sought approval for redundancy payments associated with the organisational change process in the Youth Offending Team.

RESOLVED that the recommendation in the exempt report be agreed.

Other options considered: as outlined in the exempt report.