Agenda and minutes

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

The Chairman invited Members to reflect on the recent passing of Her Majesty Queen Elizabeth II. He mentioned the profound affect Her Majesty had had on us all, and the magnificent example she had set of putting service before self. Her Majesty was a role model of togetherness, caring and good governance. The Chairman was sure she would want us to remember her with great fondness, but also look to the future and make it as positive as possible for everyone. As Councillors, the Chairman believed there was no better example to follow in serving the people of West Berkshire. The Chairman then held a Minute’s Silence in respect for Her Majesty The Queen.

The Chairman reported that sixteen events had been attended since the last meeting of Council, some of which were related to the royal mourning and Proclamation. He expressed his gratitude to Councillor Clive Hooker for stepping in on occasions when both he and the Vice-Chairman had been unavailable.

The Chairman reported that he had visited a number of voluntary organisations, many of those supporting vulnerable people. Both he and the Chairman’s Lady continued to be awed by the excellent work that they did, and the huge voluntary effort that was mounted every day.

The Chairman referred to the Citizenship Ceremony held last month, which was particularly poignant for the first new citizens in the district to swear allegiance to His Majesty The King.

The Chairman noted that Mr Shiraz Sheikh, the Deputy Monitoring Officer, would be leaving the authority shortly and thanked him on behalf of all Members for his support.

Prior to the Chairman making his remarks, Councillor Jeff Brooks had thanked the Chairman, the Leader of Council, the Deputy Leader of Council, the Chief Executive, the Monitoring Officer, the Deputy Monitoring Officer and all other officers involved, for their part in the refurbishment of the Council Chamber, and expressed his delight at the return to the usual debating rules.

The Chairman to sign as a correct record the Minutes of the Council meeting held on 19 July 2022.

The Minutes of the meeting held on 19 July 2022 were approved as a true and correct record and signed by the Chairman subject to the following amendment:

Item 24. Declarations of Interest and Item 37. Motion on Royal Berkshire Hospital Redevelopment – to reflect that the interest declared by Councillor Graham Bridgman was a personal interest and not an other registrable interest.

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.

Councillor Claire Rowles indicated her intention to abstain on any votes taken during the meeting whilst she awaited clarity on a conflict of interest point.

Councillor Jeremy Cottam declared a personal interest in Agenda Item 18. Notices of Motion and determined to remain to take part in the debate and vote on the matter.

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

Councillor Phil Barnett presented a petition containing 18 signatures which requested the Council to consider adding parts of Queens Road to existing resident parking schemes. The Chairman stated that this petition would be reviewed by officers who would confirm to Councillor Barnett within ten days what action would be taken on it.

Councillor Steve Masters presented a petition which requested that ‘hedgehog highways’ become a planning condition. The Chairman stated that this petition would be reviewed by officers who would confirm to Councillor Masters within ten days what action would be taken on it.

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.

The Chairman advised that Question F as published in the agenda had been rejected by the Monitoring Officer under Rule 4.12.3 as it related to a planning application, an ongoing complaint and required the disclosure of confidential or exempt information.

The Chairman advised that Question G as published in the agenda had been rejected by the Monitoring Officer under Rule 4.12.3 as it required the disclosure of confidential or exempt information.

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

(a)  A question standing in the name of Mr Joseph Tolman-Lopez on the subject of the parking situation on Argyle Road was answered by the Portfolio Holder for Planning, Transport and Countryside.

(b)  A question standing in the name of Ms Paula Saunderson on the subject of a request for a Surface Water Management Plan for Clayhill Ward was answered by the Portfolio Holder for Planning, Transport and Countryside.

(c)  A question standing in the name of Mr Paul Morgan on the subject of the recommendations from the London Road Industrial Estate Task Group was answered by the Portfolio Holder for Finance and Economic Development.

(d)  A question standing in the name of Mr John Gotelee on the subject of the creation of jobs on the London Road Industrial Estate was answered by the Portfolio Holder for Finance and Economic Development.

(e)  A question standing in the name of Mr Alan Pearce on the subject of the release of surface water runoff from the new A339 London Road Industrial Estate junction was answered by the Portfolio Holder for Planning, Transport and Countryside.

(f)   This question was rejected by the Monitoring Officer under Rule 4.12.3.

(g)  This question was rejected by the Monitoring Officer under Rule 4.12.3.

(h)  A question standing in the name of Mr Simon Pike on the subject of the proposed intervention for Newbury and Thatcham bus enhancements was answered by the Portfolio Holder for Planning, Transport and Countryside.

(i)    A question standing in the name of Ms Paula Saunderson on the subject of applying for Surface Water Programme funding from Thames Water was answered by the Portfolio Holder for Planning, Transport and Countryside.

(j)    A question standing in the name of Mr Alan Pearce on the subject of individual sites on the London Road Industrial Estate complying with common drainage law and planning policy was answered by the Portfolio Holder for Finance and Economic Development.

(k)  A question standing in the name of Mr John Gotelee on the subject of whether the London Road Industrial Estate refresh project was fully costed was answered by the Portfolio Holder for Finance and Economic Development.

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

There were no proposed changes to the membership of Committees for Council to consider.

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

·        Response to the Motion from Councillor Adrian Abbs on Helping the Taxi Trade Go Greener – Item 10, Executive, 22 September 2022. A copy of the Minutes of this meeting can be obtained from Democratic Services or via the Council's website.

Members were asked to note the response to a Motion from Councillor Adrian Abbs on ‘Helping the Taxi Trade Go Greener’ which had been tabled at a previous Council meeting. As the Motion had been discussed and responded to by the Executive at its meeting on 22 September 2022, it was not proposed to revisit the discussion on this item at this meeting.

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

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

Councillor Tony Vickers highlighted how on occasions the draft Minutes of previous Committee meetings mentioned in the Council agenda were not available for consideration. The Chairman noted this point and requested that officers review this issue subsequent to the meeting.

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

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

The Council is asked to note that since the lastmeeting of the Council, the Governance and Ethics Committee met on 25 July and 26 September 2022. Copies of the Minutes of these meetings can be obtained from Democratic Services or via the Council's website.

The Council noted that, since its last meeting, the Governance and Ethics Committee had met on 25 July and 26 September 2022.

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 its last meeting, the District Planning Committee had not met.

The Council is asked to note that since the lastmeeting of the Council, the Overview and Scrutiny Management Commission met on 6 September 2022. A copy of the Minutes of this meeting can be obtained from Democratic Services or via the Council's website.

The Council noted that, since its last meeting, the Overview and Scrutiny Management Commission had met on 6 September 2022.

The Council is asked to note that since the lastmeeting of the Council, the Health Scrutiny Committee met on 20 September 2022. A copy of the Minutes of this meeting can be obtained from Democratic Services or via the Council's website.

The Council noted that, since its last meeting, the Health Scrutiny Committee had met on 20 September 2022.

The Council is asked to note that since the lastmeeting of the Council, the Health and Wellbeing Board met on 21 July 2022. A copy of the Minutes of this meeting can be obtained from Democratic Services or via the Council's website.

The Council noted that, since its last meeting, the Health and Wellbeing Board had met on 21 July 2022.

The Council is asked to note that since the lastmeeting of the Council, the Joint Public Protection Committee has not met.

The Council noted that, since its last meeting, the Joint Public Protection Committee had not met.

Purpose: To update Council regarding the work undertaken by the Constitution Review Task Group to date, and to propose the approval of the proposed Constitutional updates detailed in the report. The report also advises of the further work that will be undertaken in anticipation of further revisions that are due to be brought forward to Council in December.

The Council considered a report (Agenda Item 17) which provided an update on the work undertaken by the Constitution Review Task Group to date, and proposed the approval of Constitutional updates. The report also advised of the further work that would be undertaken in anticipation of further revisions due to be brought forward to Council in December 2022.

MOTION: Proposed by Councillor Thomas Marino and seconded by Councillor Graham Bridgman:

“That Council:

(a)  approves the Meeting Rules including the Meeting Rules Table, the Questions Appendix, and the Petitions Appendix, which are attached at Appendix A to this Report;

(b)  approves the Council Rules, which are attached at Appendix B to this Report;

(c)  approves the Executive Rules, which are attached at Appendix C to this Report;

(d)  approves the Council Bodies Rules, which are attached at Appendix D to this Report;

(e)  approves the following Bodies Rules, which are attached at Appendix E to this Report:

·         Appeals Appendix

·         Governance Appendix

·         Health and Wellbeing Appendix

·         Health Scrutiny Appendix

·         Joint Public Protection Committee Appendix

·         Licensing Appendix

·         Licensing Sub-Committee Appendix

·         Personnel Appendix

·         Planning Appendix

·         Scrutiny Appendix

(f)   notes that the above Rules will replace current Parts of the Constitution, namely:

·         Part 4 – Council Rules of Procedure

·         Part 5 – Executive Rules of Procedure

·         Part 6 – Overview and Scrutiny Rules of Procedure

·         Part 7 – Regulatory and Other Committees

·         Part 12 – Personnel Rules of Procedure

·         Part 13 - Codes and Protocols – Appendix A - West Berkshire Code of Conduct for Planning

·         Part 13 – Codes and Protocols - Appendix B - Protocol for Decision-Making by Individual Executive Members

·         Part 13 - Codes and Protocols - Appendix B1– Individual Decision making Process

·         Part 13 - Codes and Protocols – Appendix C - Procedure Rules for Dealing with representations

·         Part 13 - Codes and Protocols - Appendix G - West Berkshire Code of Conduct for Licensing

·         Part 13 - Codes and Protocols – Appendix I - Councillor Call for Action Protocol

(g)  agrees that the changes to the Constitution detailed in this report take effect from 1 January 2023;

(h)  delegates to the Monitoring Officer in consultation with the Chairman of the Constitution Review Task Group the power to make minor additional corrections to the parts of the Constitution to ensure consistency in terminology and presentation.

Councillor Marino introduced the report and commended the work of the officers and Members involved in the Task Group. He highlighted how this had begun as a ‘tidying up’ exercise which had evolved in to a consolidation process, and believed Members would agree that the new parts formed a cohesive whole containing all pertinent information. Councillor Marino confirmed that the documents required further typographical and tidying edits, and a glossary was being developed to capture a number of defined terms used throughout. He referred to the recommendation delegating authority to the Monitoring Officer, in consultation with the Chairman of the Constitution Review Task Group, to make minor additional corrections and noted the intent to take any  ...  view the full minutes text for item 55.

Please note that the list of Motions is shown under Item 18 in the agenda pack.

Councillor Jeremy Cottam declared an interest in Agenda Item 18. Notices of Motion (Motion E: Declaring a Cost of Living Emergency) by virtue of his involvement with the Thatcham Chamber of Commerce. As his interest was a personal interest he determined to remain to take part in the debate and vote on the matter.  

The Chairman advised that he would be revising the order of Motions as published on the agenda and bringing forward Motion E (Declaring a Cost of Living Emergency) for consideration immediately following Motion C (Cost of Living) to reflect the similarity in subject matter. He also advised that Motion F would be withdrawn from consideration.

The Council considered the under-mentioned Motion (Agenda Item 18(a) refers) submitted in the name of Councillor Lynne Doherty relating to the Local Government Association (LGA) ‘Debate not Hate’ campaign.

MOTION: Proposed by Councillor Lynne Doherty and seconded by Councillor Thomas Marino:

“Building on what we agreed in our Motion on Civility in Politics, this Council supports the LGA ‘Debate not Hate’ campaign.

This Council:

·         agrees that anyone, regardless of their background or political affiliation, should feel safe to become a Councillor and be proud to represent their community.

·         believes that the increasing level of abuse and intimidation aimed at local politicians is preventing elected members from representing the communities they serve, deterring individuals from standing for election and undermining local democracy.

·         will support the campaign to raise public awareness of the role of Councillors in their communities, encourage healthy debate and improve the responses and support for local politicians facing abuse and intimidation.

·         asks the Leader of the Council to sign the LGA’s public statement on behalf of the Council, and encourages all Councillors to individually sign the statement and share that they have done so on social media also”.

Councillor Doherty advised she had submitted this Motion following her attendance at the LGA Conference, where the report on abuse and intimidation faced by Councillors had been released and had contained key findings and recommendations. The LGA summary report recognised that the right to object and constructively challenge were both key components of democracy, but abuse and intimidation crossed the line into unacceptable behaviour and served to silence democratic voices and deter people from engaging with politics. Councillor Doherty noted that regular abuse for many Councillors was an everyday occurrence, and highlighted the negative impact on encouraging potential female candidates this had. She believed that all elected role models had a part to play, and that it was not acceptable to be subjected to abuse from either the public or fellow Councillors. Councillor Doherty invited Council to support the LGA campaign by agreeing to sign its public statement, and to also lead by example and help cease the normalisation of abusive behaviour.  

Councillor Jeff Brooks expressed his view that social media attracted people who believed anonymity allowed them to be abusive. He stated that the abuse of people in public office was unacceptable, though he felt part of it came from  ...  view the full minutes text for item 56.

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 19 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 Carolyne Culver on the subject of the Council’s work with local landowners to create offsetting projects for carbon, biodiversity and nutrient neutrality was answered by the Portfolio Holder for Environment and Transformation.

(b)  A question standing in the name of Councillor Steve Masters on the subject of the Council’s current and proposed draft policies regarding Shale gas extraction in West Berkshire was answered by the Portfolio Holder for Environment and Transformation.

(c)  A question standing in the name of Councillor Carolyne Culver on the subject of the impact of recent government planning policy announcements on the evolving draft Local Plan was answered by the Portfolio Holder for Planning, Transport and Countryside.

(d)  A question standing in the name of Councillor Steve Masters to the Portfolio Holder for Finance and Economic Development was withdrawn at the meeting.