Agenda and minutes

The Chairman to sign as a correct record the Minutes of the Annual Council meeting held on 10 May 2012, the Special Meeting on the 16 July 2012 and the Special Meeting on the 16 July 2012.

The Minutes of the meeting held on 10 May 2012, the Special Meeting on the 16 July 2012 and the Special Meeting on 16 July 2012 (Pages 1-14) were approved as a true and correct record and signed by the Chairman.

To receive notice of any Declarations of Interest from Members.

Councillors Emma Webster, Tim Metcalfe and Marcus Franks declared a disclosable pecuniary interest in Agenda Item 15 and reported that, they would be leaving the meeting during the course of consideration of the matter.

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

The Chairman reported that  since his appointment in May, he had carried out 52 engagements on behalf of the Council and he was grateful to the Vice Chairman ,Councillor Carol Jackson-Doerge, for her help on 7 other engagements when he was unable to attend.

He noted that it had been an outstanding period, with two royal visits, and his attendance at a royal jubilee garden party being the highlights.

The Chairman noted that he had co-hosted the Annual Staff Recognition Event, which recognised the achievements of the Council’s Officers, with the Chief Executive  on 18 June at the Arlington Arts centre. The employee of the Year was Chantelle Baker who worked in the South Thatcham Children’s Centre. He Congratulated all those who were given awards.

The Chairman also paid tribute to all the Council staff and hundreds of volunteers who helped to ensure that the Olympic Torch passed through the District without incident. He noted that at the Games themselves, some of the volunteer games makers came from schools and other organisations in the District, among them were students from Park House School.

The Chairman also reported that the council had been informed the previous week that Major John Hathway had died at the age of 91. He served on the Newbury District Council from 1987 to 1991 as a Ward member for Hungerford. He was a Town Councillor for 21 years and served as the Mayor and also as Constable of the Town and Manor from 1981 to 1983 and was also the President of the Royal British Legion. On behalf of the Council the chairman offered condolences to his daughter Nina and the family.

The Chairman will make presentations to the outgoing Leader of the Council.

The Chairman noted that he would defer this item until after item 13 had been dispensed with.

Once item 13 had been dispensed with the Chairman of the Council stated that he would be making a presentation to the outgoing Leader of the Council, Councillor Graham Jones. He noted that Councillor Jones had led the Council for an unprecedented seven years. During this time he had to oversee the implementation of a number of difficult decisions associated with the economic downturn and cuts in Central Government funding. The Chairman noted that Councillor Jones was a strong and resolute Leader who had respect from Members across the chamber. He thanked Councillor Jones and his wife Julie for the dedicated service he had afforded the Council.

Councillor Pamela Bale noted that it had been a privilege to serve as Councillor Jones’s deputy for the past four years and thanked him for the inclusive way in which he had led the Council.

Councillor Jeff Brooks noted that the role of Leader was a difficult one and he thanked Councillor Jones for the dedication that he had shown in fulfilling this self sacrificing job.

Councillor Jones thanked his colleagues for the faith they had shown in him. He also thanked the Chief Executive and members of staff for the support that had been afforded to him. Councillor Jones also thanked his wife for the manner in which she had supported him.

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

Councillor Geoff Mayes presented a petition containing 343 signatures relating to requested improvement to Ufton Nervet Level Crossing. This item would be debated as part of Item 21(a) on this agenda.

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

(a)             Question to be answered by the Executive Member for Planning, Transport Policy, Property submitted by Mr Richard Garvie:

“Can the council advise what steps are currently being taken to return the control tower at Greenham Common to public use?”

(b)             Question to be answered by the Executive Member for Partnerships, Equality, The Visions, Communities submitted by Mr Richard Garvie:

“Can the council confirm that an alternative facility will be provided for Newbury FC should Faraday Road be redeveloped?”

(c)              Question to be answered by the Executive Member for Strategy, Council Plan, Housing submitted by Mr Richard Garvie:

“What steps are the council taking to provide more affordable housing in Newbury?”

(d)             Question to be answered by the Leader of the Council submitted by Mr Richard Garvie:

“With Cllr Jones stepping down as Leader, can he explain what legacy he is leaving from his time as leader?”

A question standing in the name of Mr Richard Garvie asking the Council to advise what steps were currently being taken to return the control tower at Greenham Common to public use was answered by the Executive Member for Planning, Transport Policy, Property.

A question standing in the name of Mr Richard Garvie on the subject of the provision of an alternative facility for Newbury FC should Faraday Road be redeveloped was answered by the Executive Member for Partnerships, Equality, the Visions, Communities.

A question standing in the name of Mr Richard Garvie on the subject of increased provision of affordable housing in Newbury was answered by the Executive Member for Strategy, Council Plan and Housing.

A question standing in the name of Mr Richard Garvie on the subject of the legacy Councillor Jones was leaving from his time as Leader was answered by the Leader of the Council.

The Council is asked to note that since the last meeting of the Council, the Licensing Committee met on 20 June 2012.  Copies of the Minutes of these meetings can be obtained from Strategic Support or via the Council’s website.

The Council noted that, since the last meeting, the Licensing Committee had met on 20 June 2012.

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

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

The Council is asked to note that since the last meeting of Council, the Governance and Audit Committee met on 9 July 2012 and 10 September 2012.  Copies of the Minutes of these meetings can be obtained from Strategic Support or via the Council’s website.

The Council noted that, since the last meeting, the Governance and Audit Committee had met on 09 July 2012 and 10 September 2012.

The Council is asked to note that since the last meeting of the Council, the District Planning Committee met on 11 July 2012.  Copies of the Minutes of this meeting can be obtained from Strategic Support or via the Council’s website.

The Council noted that, since the last meeting, the District Planning Committee had met on 11 July 2012.

The Council is asked to note that since the last meeting of the Council, the Overview and Scrutiny Management Commission met on 29 May 2012, 26 June 2012, 31 July 2012 and 18 September 2012.  Copies of the Minutes of these meetings can be obtained from Strategic Support or via the Council’s website.

The Council noted that, since the last meeting, the Overview and Scrutiny Management Committee had met on 29 May 2012, 26 June 2012, 31 July 2012 and 18 September 2012.

The Council is asked to note that since the last meeting of the Council, the Standards Committee met on 25 June 2012.  Copies of the Minutes of this/ meeting can be obtained from Strategic Support or via the Council’s website.

The Council noted that, since the last meeting, the Standards Committee had met on 25 June 2012.

Following the resignation of the current Leader of the Council the Council is asked to elect a new Executive Leader up until May 2015 and to receive notification from the Executive Leader on the number and names of Members appointed to the Executive for the remainder of the 2012/13 Municipal Year.

The Council considered the appointment of a new Stronger Leader following the resignation of the current leader of the Council (Agenda Item 14).

MOTION: Proposed by Councillor Graham Jones and seconded by Councillor Alan Law:

That the Council:

“appoints Councillor Gordon Lundie as the Stronger Executive Leader until May 2015”.

The Motion was put to the meeting and duly RESOLVED.

Councillor Gordon Lundie thanked his Members for the trust they had placed in him and then proceeded to announce the appointment of Members to the Executive as follows:

Councillor Jeff Brooks congratulated Councillor Lundie on his appointment as Leader and stated that he looked forward to working with him.

Councillor Gordon Lundie thanked Members for their support in electing him. Councillor Lundie noted that he had made one change to the Executive. Councillor Betts was standing down from his role as a Portfolio Holder for now due to ill health and he wished Councillor Betts a speedy recovery. A new Portfolio of Health and Wellbeing had been set up to ensure that the Council’s new public health functions were integrated into the Council.

To seek Council authority to charge for pre planning application advice.

(Councillor Emma Webster declared a disclosable pecuniary interest in Agenda item 15 by virtue of the fact that her employer submitted planning applications to the Council. She left the meeting and took no part in the debate or voting on the matter).

(Councillor Marcus Franks declared a disclosable pecuniary interest in Agenda item 15 by virtue of the fact that his employer submitted planning applications. He/ left the meeting and took no part in the debate or voting on the matter).

(Councillor Tim Metcalfe declared a disclosable pecuniary interest in Agenda item 15. He left the meeting and took no part in the debate or voting on the matter).

Councillors Webster, Franks and Metcalfe left the meeting at 8.28pm.

The Council considered a report (Agenda Item 15) seeking authority for the Council to charge for pre planning application advice.

MOTION: Proposed by Councillor Keith Chopping and seconded by Councillor Tony Vickers:

“That the Council adopts the proposed pre planning application advice and fees (as detailed in Appendix B).”

In introducing the item Councillor Chopping noted that Officers received many requests for informal advice prior to planning applications being submitted. This work would continue but in some cases more detailed advice was sought. This was a time consuming process and it was felt that it would be appropriate to charge for this service in line with what other authorities were already doing.  The issue of charging had been raised at the Development Industry Forum (DIF) who had supported the proposal. The charging was intended to be self funding and as the income and resource implications could not accurately be forecast it was intended that the fees would be reviewed at the March 2013 Council meeting. Councillor Chopping noted that following discussions at the DIF some minor amendments to the charging schedule were being proposed and he was therefore tabling the following amendment:

AMENDMENT: Proposed by Councillor Keith Chopping  and seconded by Councillor Tony Vickers:

That the Council:

“approves and adopts the motion set out in the report subject to Appendix B being amended to include the additional charges as set out below: 

Residential Development

Commercial Floorspace

”

Councillor Tony Vickers noted that he was happy to support the motion subject to the inclusion of the amendment. He felt that this was a positive step as Officer’s would be competing with private sector agents on a more equal footing and should increase competition.

Councillor Paul Bryant supported the proposal which he felt might result in the quality of planning application submissions being improved which should assist with streamlining the planning application process further.

The Amended Motion  ...  view the full minutes text for item 14.

To inform Members of how a Local Listing process will operate in West Berkshire.

Councillors Webster, Franks and Metcalfe rejoined the meeting at 8.43pm.

The Council considered a report (Agenda Item 16) concerning the adoption of a process for Local Listing in West Berkshire.

MOTION: Proposed by Councillor Keith Chopping and seconded by Councillor Hilary Cole:

“That the Council adopts the process for Local Listing of heritage assets across the district as described in Appendix A to the report.”

AMENDMENT: Proposed by Councillor Keith Chopping and seconded by Councillor Hilary Cole:

That the Council:

“approves and adopts the Motion subject to paragraph 5.5 of Appendix A (Page 35) being amended as follows:

5.5       Approval

Each recommendation by the Selection Panel of an asset for Local Listing will be considered by the Head of Planning and the Portfolio Holder for Planning, who will approve or not approve it on behalf of the Council, *except where, at least 10 letters of objection have been received and the application has been recommended for approval in which case the application will be referred to the appropriate planning committee for decision. Applications may also be called in by the Ward Member and/ or adjoining Ward Members.  Members who wish to ‘call-in’ an item to be discussed at an Area Planning Committee will be required to complete the agreed proforma which must be submitted either in hard copy by letter or electronic copy via e-mail.  The consent of the Chairman of the appropriate Area Planning Committee, or if unavailable, the Vice-Chairman, is required.”

Councillor Chopping noted that the Council’s Core Strategy was adopted in July 2012 and policy CS19 sought the conservation and where appropriate enhancement of heritage assets and their settings. This process was designed to support the policy. Councillor Chopping thanked the West Berkshire Heritage Forum and in particular Mr Anthony Pick for all their hard work in driving this process forward. Councillor Chopping noted that the amendment was designed to ensure that the Local Listing process aligned with the existing Planning Process. The Head of Planning and Countryside would have delegated authority to determine submissions except where 10 or more letters of support or objection were received or where the local Ward Member or adjoining Ward Member called the submission to an Area Planning Committee for determination.

Councillor Tony Vickers stated that he was happy to support the proposal following the inclusion of the amendment.

Councillor Hilary Cole reiterated the thanks to the West Berkshire Heritage Forum for the excellent piece of work that they had done in bringing this process to fruition.

The Amended Motion was put to the vote and declared CARRIED.

The substantive Motion was put to the meeting and duly RESOLVED.

To agree the Member Development Programme for 2012/13 and to consider the delivery of Member Development until the next District elections in May 2015.

The Council considered a report (Agenda Item 17) concerning agreement of the Member Development Programme for 2012/13 and the delivery of Member Development until the next District Council Elections in May 2015.

MOTION: Proposed by Councillor Hilary Cole and seconded by Councillor Gwen Mason:

“That the Council note the proposed Member Development Programme for 2012/2013 and the future delivery of Member Development sessions until May 2015.”

Councillor Hilary Cole in introducing the item noted that Members had agreed to the outline of the four year programme on the 06 December 2011. The Member Development Group had met on the 18 July 2012 to agree dates and items for inclusion over the next two years. She noted that Members were currently being consulted on whether or not they would like to include repeat day time sessions.

Councillor Gwen Mason endorsed the programme and stressed the need for Members of Planning Committees to attend the annual update training that had been arranged.

The Motion was put to the meeting and duly RESOLVED.

To outline two issues which were recently discussed by the Governance and Audit Committee and to obtain a Council view on the way forward in each case.

The Council considered a report (Agenda Item 18) concerning two issues that were recently discussed by the Governance and Audit Committee and to obtain a Council view on the way forward in each case .

MOTION: Proposed by Councillor Tony Vickers and seconded by Councillor Jeff Brooks.:

“That the Council:

1.      Agrees that in future all March Council meetings (budget meetings) should commence at 6.30pm.

2.      determines whether to undertake a review of the current governance arrangements (Executive and Scrutiny) with a view to returning to a committee system of governance in accordance with Section 21 of the Localism Act 2011.”

Prior to the discussion commencing the Chairman announced that he would be dealing with these two issues separately.

In debating whether the Council meeting to discuss the budget which was usually held in March should start at 6.30pm Councillor Vickers felt that it was important to ensure that adequate time was afforded to members to debate these important issues.

Councillor Gordon Lundie supported the idea and stated that he looked forward to debating the medium Term Financial Strategy, Revenue and Capital Programme budgets in full at the meeting.

Councillor Alan Law reported that he would be asking the Governance and Audit Committee to consider a proposal that paragraph 4.13.7 of the Constitution be amended to include a requirement that all substantial amendments to the budget would need to be submitted to the S151 Officer three clear working  days before the meeting to give him adequate time to consider the proposals.

Recommendation one of the Motion was put to the meeting and duly RESOLVED.

Before debating the second recommendation (to undertake a review of the Council’s Governance arrangements) Councillor Vickers proposed that the motion be amended as set out below and this was seconded by Councillor Jeff Brooks:

“That the Council

1.         notes the provisions in the Localism Act which enable the Council to change its governance arrangements at any Annual General Meeting of the Council but then not to revisit the subject for at least 5 years;

2.         also notes that a number of Councils of varying political composition have achieved such a change already since the Localism Act was passed in November 2011;

3. agrees to establish a Task Group, reporting through the Governance and Audit Committee, to investigate the merits and costs of changing its current governance structures from the Leader and Executive model to a Committee System and report to Council in due course for further consideration.”

Councillor Vickers stated that he was of the opinion that a Committee System would result in more open, transparent, efficient and accountable decision making. He felt that it was important to afford back benchers the opportunity to participate in decision making. Councillor Vickers noted that the introduction of the Localism Act meant that local authorities could introduce a new governance model at the next Annual meeting , where as the Localism Bill had suggested that  these changes could only be made after an election. He noted that many other  ...  view the full minutes text for item 17.

To consider changes to the Financial Rules of Procedure and Protocols in light of legislation changes and following a review by the Finance and Governance Group and Governance and Audit Committee.

The Council considered a report (Agenda Item 19) concerning changes to the Financial Rules of Procedure and Protocols in light of legislation changes following a review by the Finance and Governance Group and Governance and Audit Committee.

MOTION: Proposed by Councillor Jeff Beck and seconded by Councillor Alan Law.

“That the Council agreed to the proposed revisions to Parts 9 and 10 of the Constitution.”

In introducing the item Councillor Beck explained that the amendments had been considered in detail at the 10 September Governance and Audit Committee meeting. It was essential to undertake regular reviews of the Constitution to ensure that the Constitution reflected changes in legislation and also took account of best practice.

The Motion was put to the meeting and duly RESOLVED.

To appoint the Council’s Independent Person(s) in accordance with the Localism Act.

The Council considered a report (Agenda Item 20) concerning advising Council of the appointment process for the posts of Independent Person under the Localism Act 2011.

MOTION: Proposed by Councillor Roger Croft and seconded by Councillor Gwen Mason:

“That the Council confirm the appointment of Mr James Rees and Mr John Bingham as Independent Persons in accordance with Section 28 of the Localism Act 2011.”

In introducing the item Councillor Croft noted the Council was required to make the appointments in accordance with the legislative changes introduced by the Localism Act 2011. He noted that Mr Rees and Mr Bingham had served the Council well in the past and he therefore asked Members to ratify their appointment.

Councillor Gwen Mason noted that she was on the interview panel and she also recommended that Council ratify their appointment. 

The Motion was put to the meeting and duly RESOLVED.

(a)               The following Motion has been submitted in the name of Councillor Geoff Mayes:

“At the railway level crossing in Ufton Nervet there have been 8 deaths in recent years and many more near misses. This is currently a half-barrier crossing.  This means it can still be accessed by pedestrians and vehicles passing around the barrier when it is down, endangering both themselves and those on the train.  It is also possible for vehicles to drive onto the tracks and park there before the barriers descend as there are no CCTV cameras linked to the signalling centre to alert signallers of an obstruction on the track.

In November 2004 the Ufton Nervet rail crash disaster killed 7 and injured 130, and in May this year another man died on this crossing.  If nothing is done to make this crossing safer there is a probability that more people will be killed or injured; we must get Network Rail to commit to improving this precarious situation.

I propose this Council resolves to press Network Rail to install a monitored crossing with full width barriers.  This will provide CCTV so that the signaller can ensure the crossing is clear before lowering the barriers. I am requesting a letter to this effect to be written by Nick Carter, the Chief Executive of West Berkshire Council to David Higgins the Chief Executive of Network Rail before the end of October 2012.”

The Council considered the under-mentioned Motion (Agenda item 21(a) refers) submitted in the name of Councillor Geoff Mayes relating to improvements to Ufton Nervet level crossing.. The chairman recommended that the council debate the Motion at the meeting in order to facilitate the discharge of business in accordance with Procedure Rule 4.5.8

MOTION: Proposed by Councillor Geoff Mayes and seconded by Councillor Mollie Lock:

“At the railway level crossing in Ufton Nervet there have been 8 deaths in recent years and many more near misses. This is currently a half-barrier crossing.  This means it can still be accessed by pedestrians and vehicles passing around the barrier when it is down, endangering both themselves and those on the train.  It is also possible for vehicles to drive onto the tracks and park there before the barriers descend as there are no CCTV cameras linked to the signalling centre to alert signallers of an obstruction on the track.

In November 2004 the UftonNervet rail crash disaster killed 7 and injured 130, and in May this year another man died on this crossing.  If nothing is done to make this crossing safer there is a probability that more people will be killed or injured; we must get Network Rail to commit to improving this precarious situation.

I propose this Council resolves to press Network Rail to install a monitored crossing with full width barriers.  This will provide CCTV so that the signaller can ensure the crossing is clear before lowering the barriers. I am requesting a letter to this effect to be written by Nick Carter, the Chief Executive of West Berkshire Council to David Higgins the Chief Executive of Network Rail before the end of October 2012

The Motion was put to the vote and declared CARRIED.

There were no questions submitted in relation to items not included on the agenda.

There were no Member questions submitted in relation to items not included on the agenda.