Agenda and minutes

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

The Chairman reported that he or the Vice-Chairman or other Members on their behalf had attended 21 events since the last Council meeting in December 2022.  He thanked Councillors Clive Hooker, Graham Pask and Alan Law for standing in for him when he was not able to attend events.

There were events such as carol singing that were attended in December, highly valued citizen events and he made reference to the Community Champion Awards that recognised outstanding community contribution by individuals and groups. He mentioned that at the Lord Lieutenant’s awards volunteers from Wash Common and Tilehurst were represented. There had also been a number of memorial events such as tree planting in memory of our late Queen and rose planting for the passing of a year of the Ukrainian war and the generosity of West Berkshire hosts. He also mentioned the Holocaust Day Memorial and how proud he was to go to Buckingham Palace and greet the King. He mentioned that as this was the last Council meeting prior to the local elections he hoped it could be a cooperative one showing respect for each other.

Councillor Lynne Doherty said that as this was the last Council meeting prior to going into the elections she wanted to take the opportunity, as Councillor Dillon had done at the last meeting, to thank all Members who were stepping down and thank those who were stepping forward to stand at the election. There were a number of long standing Councillors who would be stepping down, including Councillor Royce Longton who unfortunately could not attend this meeting and she echoed the best wishes given to him by his party. She thanked Councillor Garth Simpson who had been a councillor since 2011, been a member of the Executive and committee chairman, she appreciated the support that he had given her.  Unfortunately Councillor Law had given his apologies but Councillor Doherty highlighted the work he had done as a councillor since being elected in 2007 such as being a Member of Executive to his current role as Vice-Chairman.  Councillor Doherty also mentioned Councillor Hilary Cole who had also been elected in 2007 and was a dear friend and mentor. She also had held multiple Executive roles as well as being Vice-Chairman.  With regards to Councillor Jeff Beck she mentioned that he had been first elected in 2000 serving 19 years as a councillor with a great sense of duty and worked very hard in his role. 

Councillor Doherty thanked Councillor Pask who had been first elected in 1987 and had been a councillor for 36 years, 40 years if you included time as a parish councillor. He had held many roles including being the Conservative Leader and Portfolio Holder.  Councillor Pask had also been Chairman on three occasions.  She said he had a charismatic personality with lots of integrity and kindness. She appreciated the support he had given her and the work he had done for both residents of Bucklebury and the district as a  ...  view the full minutes text for item 1.

The Chairman to sign as a correct record the Minutes of the Council meeting held on 1 December 2022 and the Extraordinary Council meeting on 23 February 2023.

The Minutes of the meetings held on 1 December 2022 and 23 February 2023 were approved as true and correct records and signed by the Chairman.

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

There were no declarations of interest received.

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

No petitions were received. 

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

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

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

It was agreed that a question standing in the name of Kathryn Hodgson would receive a written response, given that she was unable to attend the meeting.

A question standing in the name of Vaughan Miller on the subject of funding for the Community Based Support & Community Building was answered by the Portfolio Holder for Health and Wellbeing.

A question standing in the name of Paul Morgan on the subject of Corporate Board was answered by the Portfolio Holder for Governance and Strategic Partnerships.

A question standing in the name of Vaughan Miller on the subject of nine services in the Voluntary Sector Prospectus funding was answered by the Portfolio Holder for Health and Wellbeing.

A question standing in the name of Paul Morgan on the subject of a question regarding the Medium Term Financial Strategy was answered by the Portfolio Holder for Finance and Economic Development.

A question standing in the name of Vaughan Miller on the subject of the business case for the sports hub was answered by the Portfolio Holder for Housing Leisure and Culture.

A question standing in the name of Vaughan Miller on the subject of the Playing Pitch Strategy was answered by the Portfolio Holder for Housing, Leisure and Culture.

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

There had been no changes to the membership of Committees since the previous Council meeting.

The Council is asked to note that since the last ordinary meeting of the Council, the Licensing Committee met on 23 January 2023. A copy of the Minutes of this can be obtained from Democratic Services or via the Council's website.

The Council noted that, since its last ordinarymeeting, the Licensing Committee had met on 23 January 2023.

The Council is asked to note that since the lastordinary meeting of the Council, the Personnel Committee met on 9 February 2023 and 21 February 2023. Copies of the Minutes of these meetings can be obtained from Democratic Services or via the Council's website (once completed).

The Council noted that, since its last ordinarymeeting, the Personnel Committee had met on 9 February 2023 and 21 February 2023.

The Council is asked to note that since the lastordinary meeting of the Council, the Governance and Ethics Committee met on 16 January 2023 and 6 March 2023. A copies Minutes of these meeting can be obtained from Democratic Services or via the Council's website (once completed).

The Council noted that, since its last ordinarymeeting, the Governance and Ethics Committee had met on 6 January 2023 and 6 March 2023.

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

The Council noted that, since its last ordinarymeeting, the District Planning Committee had not met.

The Council is asked to note that since the lastordinary meeting of the Council, the Overview and Scrutiny Management Commission met on 7 March 2023. A copy of the Minutes of this meeting can be obtained from Democratic Services or via the Council's website (once completed).

The Council noted that, since its last ordinarymeeting, the Overview and Scrutiny Management Commission had met on 7 March 2023.

The Council is asked to note that since the lastordinary meeting of the Council, the Health Scrutiny Committee met on 13 December 2022 and 14 March 2022. Copies of the Minutes of these meetings can be obtained from Democratic Services or via the Council's website (once completed).

The Council noted that, since its last ordinarymeeting, the Health Scrutiny Committee had met on 13 December 2022 and 14 March 2023.

The Council is asked to note that since the lastordinary meeting of the Council, the Health and Wellbeing Board met on 8 December 2022 and 23 February 2023. Copies of the Minutes of these meetings can be obtained from Democratic Services or via the Council's website (once completed).

The Council noted that, since its last ordinarymeeting, the Health and Wellbeing Board had met on 8 December 2022 and 23 February 2023.

The Council is asked to note that since the lastordinary meeting of the Council, the Joint Public Protection Committee met on 26 January 2023 and 13 March 2023. Copies of the Minutes of these meeting can be obtained from Democratic Services or via the Council's website (once completed).

The Council noted that, since its last ordinarymeeting, the Joint Public Protection Committee had met on 26 January 2023 and 13 March 2023.

Purpose: To update Council regarding the work undertaken by the Constitution Review Task Group and to propose the approval of the proposed Constitutional updates detailed in the report.

The completion of the Constitution review is an important part of the overall good governance of the Council and has been highlighted as an area to complete in the Annual Governance Statement. 

Council considered a report (agenda item 17) regarding the work undertaken by the Constitution Review Task Group and to propose the approval of the proposed Constitutional updates detailed within the report.

MOTION: Proposed by Councillor Tom Marino and seconded by Councillor Graham Bridgman;

That the Council:

(a)  approves the Budget and Policy Framework, which is attached at Appendix A to this Report;

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

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

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

• Part 9 – Budget and Policy Framework Rules of Procedure
• Part 10 – Financial Rules of Procedure
• Part 11 – Contract Rules of Procedure

(e)  approves the Glossary that is attached at Appendix D to this Report, and delegates authority to the Monitoring Officer to keep the Glossary updated;

(f)   approves a requirement that upon receipt of a requisition for an extraordinary meeting of Council, the Chairman of Council will call the meeting within the statutory timeframe and the meeting will normally be held within 30 clear working days;

(g)  notes the final version of the Parts of the Constitution that were previously agreed by Council in October 2022, which are attached at Appendix E to this Report;

(h) agrees that the changes to the Constitution detailed in this report, take effect from 30th April 2023;

(i)     delegates to the Monitoring Officer in consultation with the Chairman of the Constitution Review Task Group the power to update Parts 1 and 2 of the Constitution to ensure that this reflects the new rules, and to make any minor additional corrections to the parts of the Constitution to ensure consistency in terminology and presentation;

(j)    delegates to the Monitoring Officer the power to make corrections to the Constitution to reflect organisational restructures.”

Councillor Marino stated that the report provided an update and recommendations from the Constitution Review Task Group. The Task Group had done a thorough review and re-draft of sections of the Constitution and these updates formed part of the recommendations. They had also made proposed changes to the Glossary such as having consistency in phrases throughout the Constitution. The Glossary would continue to be updated as required. He thanked members of the Task Group and supporting officers for all their hard work.

Councillor James Cole said that she had sat on a number of the Task Group meetings and appreciated the hard work they put in, especially Councillor Bridgman and officers. The Joint Public Protection Committee had asked that he mention some changes that were required, these were the quorum being two councillors and not four, it should be able to receive reports on joint arrangements and receive members’ questions as well as respond to petitions.  He asked if the Public Protection Manager could review the relevant part of the Constitution.  

Councillor Jeff Brooks explained that he joined the Task Group after its initial set up  ...  view the full minutes text for item 15.

Purpose: To give consideration to, and agree, the proposed Member Induction and Development Programme for 2023/24 following the District Council Election in May 2023. The Programme was considered and endorsed by the Member Development Group on 27 February 2023.

Council considered a report (agenda item 18) to agree the proposed Member Induction and Development Programme for 2023/24 following the District Council Election in May 2023.

MOTION: Proposed by Councillor Tom Marino and seconded by Councillor Clive Hooker;

That the Council:

Discuss and, if appropriate, agree the proposed Member Induction and Development Programme for 2023/24.

Authorise the Service Director – Strategy and Governance to regularly review and amend the Programme where necessary throughout the Municipal Year to ensure it remains relevant and fit for purpose.

Councillor Marino stated that the report asked Council to agree the Member Development Programme for the following Municipal Year, this included training sessions on a number of different matters some of which were mandatory such, as planning training for planning committee members. He implored members to attend as many sessions as possible, especially any new members. The program had been considered by the Member Development Group. The proposed dates and times would be added prior to the election with times to suit members who worked full time and in a hybrid format.

AMENDMENT: Proposed by Councillor Jeff Brooks and seconded by Councillor Jeremy Cottam.

That Council;

“Replace the word ‘mandatory’ with the words ‘strongly recommended’, except where there was a legislative requirement that Members must have been trained in order to sit on a particular body – Planning, Licensing and Appeals refer. Delete the words ‘Dress Code’.”

Councillor Brooks informed that he requested Council replace the word mandatory with strongly recommended except where there was a legislative requirement that members be trained to be on a particular body such as licensing. He agreed that there needed to be an induction programme especially for new members. He felt that training did not need to be crammed into a short period of time but spread out so that members were not overwhelmed. The Council could not mandate councillors to undertake any training unless there was a legislative requirement, so to use mandatory for a whole range of training was not appropriate and could not be enforced. He gave assurance that if re-elected his Group Leader and himself would encourage their members to attend training sessions but they would not be forced to do so.

Cllr Brooks also asked that the word dress code be deleted from the programme. He said members did not need training in how to dress by officers. Councillor Steve Masters said that he had taken part in the working group and recalled that the amendments that Councillor Brooks was proposing had been approved. He urged members to support the motion.

Councillor Dominic Boeck said that as far as the dress code element he had some sympathy with Councillor Brooks. When it came to the programme there were elements that he felt everyone should attend such as Corporate Parenting as it was vital that all councillors understood their role as Corporate Parents.

Councillor Steve Ardagh-Walter said that he had sympathy with the proposed amendment especially as he was a rebel on the tie wearing  ...  view the full minutes text for item 16.

Purpose: To set out the proposed senior management structure, with greater resilience in the People Directorate to respond to the challenges facing that Directorate.  Following the recent resignation of the Executive Director (People), a review has taken place and it is recommended to create two separate roles (currently one) for an Executive Director (People – Adult Social Care & Public Health) and Executive Director (People – Children’s Services).

Furthermore, to speed up the transformation process for Council services, improve efficiency for residents, and save expenditure, a temporary (two year) secondment role is proposed, entitled Service Director (Transformation), within the Resources Directorate.

Council considered a report (agenda item 19) which set out proposed revisions to the senior management structure.

MOTION: Proposed by Councillor Lynne Doherty and seconded by Councillor Jo Stewart;

That the Council:

(a)          create two Executive Director (ED) posts (currently one) in the People Directorate; an Executive Director (People - Adult Social Care & Public Health) [the (DASS)] and an Executive Director (Children’s Services) [the DCS] and delete the Executive Director – People post.

(b)          create a new fixed term (two year) Service Director (Transformation) post.

(c)          delegate to the Service Lead for HR, in consultation with the Head of Paid Service and the Portfolio Holder for Internal Governance and Strategic Partnerships, authority to update the Statutory Pay Policy to reflect these proposals if approved.

Councillor Doherty said she would like to move the creation of an additional Executive Director in the People’s Directorate as proposed within the report to make sure the services concerned were fit for the future and would continue to protect the vulnerable in our society.

Councillor Adrian Abbs said that he was pleased to see a focus on this area but it did seem to be a return to the past when the Council had a post called the Corporate Director for Children and Young People prior to it being merged.

Councillor Erik Pattenden welcomed the proposals but questioned why this had not been included in the Council’s budget meeting.

Councillor Dominic Boeck was pleased to see that members in principle supported the report and explained that there had been many changes since the last restructure especially in the last three years with the pandemic, the cost of living crisis and the impact of the war in Ukraine. He commended the services that supported West Berkshire’s young people and families. He felt that this was the right time to split directorate responsibilities for children’s and adult services at a directorate level.

Councillor Martha Vickers supported the proposals as it was important that the Council supported the vulnerable in our society especially the elderly and young people.

Councillor Jeff Brooks supported the proposals but he was surprised that the proposed positions had not been included in the budget. With regards to transformation there was a lot of change required in the organisation and he questioned why the recruitment was not external as well as internal as there could be benefit in recruiting an external candidate that could look with a fresh perspective.

Councillor Stewart thanked everyone for their comments and said with regards to the budget, consultation had been ongoing with South East Employers on the proposals and this had not been finalised in time for budget meeting. With regards to going to appoint internally first she said that there were some highly competent officers that were more than capable of undertaking the role. The recommendation to appoint came from a member panel so she was supportive of the recommendation.

The Motion was put to the vote and duly RESOLVED.

Purpose: The Council is required, in accordance with section 38 of the Localism Act 2011, to publish an annual pay policy statement. This report seeks to secure compliance with that duty, by seeking approval of the Statutory Pay Policy Statement for publication from 1st April 2023.

Council considered a report (agenda item 16) seeking approval of the Statutory Pay Policy Statement for publication from 1^st April 2023, in accordance with section 38 of the Localism Act 2011.

MOTION: Proposed by Councillor Tom Marino and seconded by Councillor Dennis Benneyworth;

That the Council:

a)    adopt and approve the Statutory Pay Policy Statement at appendix C of this report, for publication from 1st April 2023.

b)    delegate authority to the Service Director, Strategy and Governance, in consultation with the Portfolio Holder for Internal Governance and Strategic Partnerships, to update the pay policy statement following any pay awards to be effective from 1st April 2023.

Councillor Marino said that the report had been considered by the Personnel Committee on the 21st February 2023. It recommended that the Council adopt the pay policy and grant delegated authority to update the policy as required. This would be updated following the approval of agenda item 19.

The Motion was put to the meeting and duly RESOLVED.

Purpose: To recommend a timetable of meetings for the 2023/24 Municipal Year.

Council considered a report (agenda item 20) which recommended the timetable of meetings for the 2023/24 Municipal Year.

MOTION: Proposed by Councillor Tom Marino and seconded by Councillor Howard Woollaston;

That the Council: approve the timetable of public meetings for the 2023/24 Municipal Year.

Councillor Marino explained that the Council was required to publish a timetable of meetings each municipal year. He thanked officers for their hard work in putting the timetable together.

AMENDMENT: Proposed by Councillor Jeff Brooks and seconded by Councillor Owen Jeffery.

That Council find an earlier date to hold the Annual Meeting of Counciland that it be held during the week beginning 15 May 2023.

Councillor Brooks said he was proposing the amendment as the proposed date (25 May 2023) was three weeks post the elections and thus three weeks before the new Executive could be appointed as well as other committees. He said he remembered when the Annual Meeting had been held on the 10th May so it could be done sooner with proposed committee memberships marked as to follow if required.

Councillor Jeffery felt that the Annual Meeting should be held as soon as reasonably practicable after the results of the election were known.

Councillor Lynne Doherty said that she did not know how many members Councillor Brooks hoped to return but in her experience it was a complex job sorting out the committee system. She said that she would not be supporting this amendment as last time there had been 19 days between the election and the Annual Meeting. The Chairman and Leader would remain in place until that meeting and so work could continue. There was also the Coronation and after all the hard work that members and officers had done during the elections they deserved the bank holiday off.  

Councillor Graham Bridgman referred to a point often made by Councillor Hilary Cole that the Council was member led and officer advised and in this instance officers were advising the particular dates. There was also a difference between setting the date in an election year and those in between.

Councillor David Marsh said that his group would not require three weeks to sort out which committees their members would sit on. He felt that it should be possible to make the arrangements within a two week period.

Councillor Adrian Abbs said that history showed that there had always been an earlier meeting. The Coronation was important and officers would be able to take the bank holiday off. He felt that any of the parties would be ready for an earlier date and added that his group had a number of good candidates who would be ready to start should they be elected. Councillor Marino thanked Members’ for their comments. He reiterated that there was a bank holiday after the elections and both officers and Groups needed the time between the elections and the Annual Meeting for preparation. The date of the 25th May was also in line with other Berkshire authorities and  ...  view the full minutes text for item 19.

Please note that the list of Motions is shown under Item 21 in the agenda pack.

The Council considered the under-mentioned Motion (Agenda item 21 refers) submitted in the name of Councillor Jeff Brooks relating to how the Planning Department processed the Community Infrastructure Levy (CIL).

The Chairman informed the Council that the motion would be referred to the Executive for consideration without debate.

MOTION: Proposed by Councillor Brooks and seconded by Councillor Jeremy Cottam.

Councillor Brooks introduced the motion and said he would not be repeating the cases of Mr McCabe and Mrs Dobson except to say that it was not acceptable for Mrs Dobson’s petition to take seven months to get to the Executive. The motion asked for an independent review into the way the Council processed CIL, especially exemptions. The Planning Department state they are handling claims in accordance with Government guidelines. However, he felt that the process being undertaken was too rigid and gave examples of other authorities that had a less rigorous process. He also said that, to his knowledge, West Berkshire was the only council that required the applicant to sign the forms when they were being represented by an agent. He gave examples of how forms had been sent back if the signature was in the wrong box, he felt that the bureaucracy was too heavy handed. Undertaking an internal review would be another example of the Council marking its own homework.

The Council considered the under-mentioned Motion (Agenda item 21 refers) submitted in the name of Councillor Abbs relating to speed limits and ’20 is Plenty’.

The Chairman informed the Council that the motion would be referred to the Transport Advisory Group and the Executive for consideration without debate.

MOTION: Proposed by Councillor Adrian Abbs and seconded by Councillor Pattenden.

Councillor Abbs informed that 20 is Plenty was a national campaign that had some traction especially outside schools. He stated that the Council should get behind the campaign which promoted safety. The motion proposed moving from a maybe response to these requests to a yes. He gave an example of how in 2021 in Newbury a 20 MPH zone had been approved but had not yet been implemented, this was too long. He felt that officers should be asked to develop a workable scheme to be implemented in 2023 if possible with the assumption that the Council would say yes if over 50% of a street petitioned for a speed limit.

The Council considered the under-mentioned Motion (Agenda item 21 refers) submitted in the name of Councillor Carolyne Culver relating to the 2019-2023 Term of Office.

MOTION: Proposed by Councillor Culver and seconded by Councillor Steve Masters;

This was the final full council of the 2019-2023 term of office.

The four years have seen the residents of West Berkshire and the Council rise to many challenges including the Covid 19 pandemic, providing homes for people fleeing war in Ukraine, and the cost of living crisis.

This council resolves:

To thank all Council officers for their service during this term of office.

To thank all emergency workers and  ...  view the full minutes text for item 20.

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 22 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 Lee Dillon (asked by Councillor Erik Pattenden) on the subject of consultants for the Newbury Town Centre Conservation Area Appraisal was answered by the Portfolio Holder for Planning, Transport and Countryside.

(b) A question standing in the name of Councillor Adrian Abbs on the subject of the Regulation 19 consultation on the draft Local Plan was answered by the Portfolio Holder for Planning, Transport and Countryside.

(c) A question standing in the name of Councillor Steve Masters on the growing need for foodbanks was answered by the Portfolio Holder for Finance and Economic Development.

(d) A question standing in the name of Councillor Phil Barnett on the subject of pot holes was answered by the Portfolio Holder for Planning, Transport and Countryside.

(e) A question standing in the name of Councillor Masters on the subject of voter ID registration was answered by the Portfolio Holder for Internal Governance and Strategic Partnerships.

(f) A question standing in the name of Councillor Masters on the subject of the Voter Authority Certificate was answered by the Portfolio Holder for Internal Governance and Strategic Partnerships.

(g) A question standing in the name of Councillor Masters on the subject of the cost of implementing voter ID was answered by the Portfolio Holder for Internal Governance and Strategic Partnerships.