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 19 events had been attended since the last meeting of Council. He and the Vice-Chairman had met with a wide variety of organisations and attended several ceremonies to promote and inform the public about the Council.

The Chairman reported the sad news of the recent death of Mr James Rees, one of the first Independent Members who had worked with the Council for over ten years.

The Chairman concluded by noting the important, complex and sensitive items for discussion on the agenda. He invited Members to focus on completing the business in as professional, constructive and harmonious a manner as possible, not to repeat matters that had already been discussed, and to be respectful of each other during debate.

The Chairman to sign as a correct record the Minutes of the Council meeting held on 6 October 2022.

The Minutes of the meeting held on 6 October 2022 were approved as a true and correct record 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.

The Chairman acknowledged the advice provided by the Monitoring Officer concerning the fact that living or working in West Berkshire would not automatically give rise to any form of interest for a Member in the recommendations related to the Minerals and Waste Local Plan, or the Local Plan Review. 

Councillors Jeff Brooks, Owen Jeffery and Tom Marino declared an interest in Agenda Item 19. Notices of Motion but reported that, as their interest was a personal or an other registrable interest, but not a disclosable pecuniary interest, they 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.

Notice has been given by Councillor Claire Rowles who will present a Petition relating to Council Charges. Please note that the wording of the Petition is shown under Item 5 in the agenda pack.

Councillor James Cole presented a petition containing 1535 signatures which called upon the Council to adopt a policy of ensuring that the correct amounts of money due were charged for any and all services for which charges were levied, and that reimbursement would be provided to any resident or service user who had been charged in error or had been charged where no charge should have been levied. The Chairman stated that this petition would be reviewed by officers who would confirm to Councillor Cole 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 re-ordered the questions as published in the Agenda. The questions were instead considered in the order set out below. 

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 Simon Pike on the subject of the conclusions and recommendations of the Landscape Sensitivity and Capacity Assessment for North East Thatcham was answered by the Portfolio Holder for Planning, Transport and Countryside.

(c)     It was agreed that a question standing in the name of Anthony King on the subject of the impact of the Membury Industrial Area on the B4000 / Ermin Street would receive a written response given that he was unable to attend the meeting.

(e)    A question standing in the name of Sam Coppinger on the subject of further B8 development at Membury was answered by the Portfolio Holder for Planning, Transport and Countryside.

(h)    A question standing in the name of Sam Coppinger on the subject of development on the Membury Industrial Estate without a Supplementary Planning Document was answered by the Portfolio Holder for Planning, Transport and Countryside.

(n)    A question standing in the name of Paula Saunderson on the subject of the Local Plan Review was answered by the Portfolio Holder for Planning, Transport and Countryside.

(b)    A question standing in the name of Ruth Steedman on the subject of the rollout of electric vehicle charging points was answered by the Portfolio Holder for Planning, Transport and Countryside.

(d)    A question standing in the name of Graham Storey on the subject of social housing within West Berkshire meeting the Decent Homes Standard was answered by the Portfolio Holder for Housing, Leisure and Culture.

(f)      A question standing in the name of Paul Morgan on the subject of the engagement and involvement with Hemingway Design on the London Road Industrial Estate Project Refresh was answered by the Portfolio Holder for Finance and Economic Development.

(g)    A question standing in the name of Vaughan Miller on the subject of improvements to kerbside recycling collections was answered by the Portfolio Holder for Environment and Transformation.

(j)      A question standing in the name of John Gotelee on the subject of plot by plot planning on the London Road Industrial Estate meeting common drainage law was answered by the Portfolio Holder for Finance and Economic Development.

(l)      A question standing in the name of Sam Coppinger on the subject of development on the Membury Industrial Estate without a Surface Water Management Plan was answered by the Portfolio Holder for Planning, Transport and Countryside.

(i)      A question standing in the name of Paul Morgan on the subject of a root and branch review to identify savings in the Council’s budget was answered by the Portfolio Holder for Finance and Economic Development.

(k)     A question standing in the name of Vaughan Miller on the subject of the proposed stadium not allowing Newbury Football Club to grow beyond Step 4 was answered  ...  view the full minutes text for item 62.

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

Council considered a number of changes to committee membership that had been put forward by the Leader of the Council, Councillor Lynne Doherty. These proposals were seconded by Councillor Graham Bridgman.

Councillor Alan Macro expressed his disappointment that Councillor Claire Rowles would no longer be involved in the Health Scrutiny Committee. He wished to express his profound gratitude to her for her hard work and involvement since its establishment. 

It was put to the vote and duly RESOLVED that the following changes would be made:

·         Mr Simon Carey to be appointed as an Audit Independent Person on the Governance and Ethics Committee.

·         Councillor Alan Law to replace Councillor Claire Rowles as a substitute member on the Governance and Ethics Committee.

·         Councillor Graham Pask to replace Councillor Claire Rowles as a member of the Health Scrutiny Committee.

·         Councillor Graham Pask to replace Councillor Claire Rowles as a member of the Overview and Scrutiny Management Commission.

·         Councillor Jeff Beck to replace Councillor Claire Rowles as a member of the Western Area Planning Committee.

·         Councillor Garth Simpson to replace Councillor Jeff Beck as a substitute member of the Western Area Planning Committee.

·       Councillor Ross Mackinnon to replace Councillor Claire Rowles as a member of the Appeals Panel.

·       Councillor Howard Woollaston to replace Councillor Claire Rowles as the Council’s representative on the Thames Valley Police and Crime Panel.

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

-       Response to the Motion from Councillor Tony Linden on Sprinklers – Item 10, Executive, 3 November 2022. A copy of the Minutes of this meeting can be obtained from Democratic Services or via theCouncil's website.

Members were asked to note the response to a Motion from Councillor Tony Linden regarding Sprinklers 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 3 November 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 met on 7 November 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 Licensing Committee had met on 7 November 2022.

The Council is asked to note that since the lastmeeting 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 20 October 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 Governance and Ethics Committee had met on 20 October 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 last meeting of the Council the Overview and Scrutiny Management Commission has not met.

The Council noted that, since its last meeting, the Overview and Scrutiny Management Commission had not met.

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

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

The Council is asked to note that since the lastmeeting of the Council, the Health and Wellbeing Board met on 29 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 and Wellbeing Board had met on 29 September 2022.

The Council is asked to note that since the lastmeeting of the Council, the Joint Public Protection Committee met on 5 October 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 Joint Public Protection Committee had met on 5 October 2022.

Purpose: To present the final Minerals and Waste Local Plan and seek approval for its adoption.

The Council considered a report (Agenda Item 17) which presented the final Minerals and Waste Local Plan and sought approval for its adoption.

MOTION: Proposed by Councillor Richard Somner and seconded by Councillor Graham Pask:

“That Council approves the West Berkshire Minerals and Waste Local Plan (Adoption Version) for adoption pursuant to section 23 (3) of the Planning and Compulsory Purchase Act 2004”.

Councillor Somner introduced the report and reminded Members that the Minerals and Waste Local Plan had been presented to Council on two previous occasions, with the final version for adoption now being considered. He expressed his gratitude to officers for their continued work on developing the plan, responding to the consultation, and responding to the Inspectors comments. This would be the first West Berkshire Minerals and Waste Local Plan and it provided protection to communities against inappropriate development. Councillor Somner emphasised that this was an important strategic document and would ensure that mineral extraction development and waste management facilities were planned in the most sustainable way, with the least amount of negative effects on the environment and quality of life. He highlighted that a policy on fracking was included in the Plan but that it was not anticipated that fracking would occur in West Berkshire.

Councillor Alan Macro noted that this would replace a couple of Plans regarding minerals and waste that were adopted over thirty years ago. The Plan allocated two new mineral sites, one being just outside Chieveley within the Area of Outstanding Natural Beauty. Many years of gravel extraction had resulted in a large proportion of the Kennet Valley being turned into lakes, and Councillor Macro therefore welcomed that only one additional gravel site had been allocated in the Plan. He wished to note that West Berkshire would still be dependent on South Oxfordshire for soft sand, and to other authorities for the disposal of waste, which he felt could be a cause for concern in the future.

Councillor Steve Masters queried whether Councillor Somner, as a private individual, would join any members of the public in campaigning against fracking in West Berkshire should it be proposed for the district in the future.  

Councillor Hilary Cole expressed her delight that the Plan had come to a successful conclusion following a lengthy and difficult process. She believed that, with regards to sand and gravel extraction, the industry should be encouraged to consider alternative construction methods given that it was a finite resource.  

Councillor Tony Vickers endorsed the comments made by Councillor Hilary Cole and indicated his support for prefabricated offsite building. 

Councillor Graham Pask believed there was general agreement that a minimal amount of mineral extraction should occur, and that such items should be recycled as much as possible. He also wished to extend his thanks to officers, and endorsed the Plan to Members for approval.

Councillor Somner concluded the debate by recommending that Council approve the adoption of the Plan.

The Motion was put to the vote and duly RESOLVED.

Purpose: To present the main changes to the LPR and supporting documents following the Regulation 18 consultation, and to seek approval to undertake a further public consultation on these documents in accordance with the West Berkshire Statement of Community Involvement and Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012.

The Council considered a report (Agenda Item 18) which presented the main changes to the Local Plan Review and supporting documents following the Regulation 18 consultation, and sought approval to undertake a further public consultation on these documents in accordance with the West Berkshire Statement of Community Involvement and Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012.

MOTION: Proposed by Councillor Richard Somner and seconded by Councillor Howard Woollaston:

“That Council grant delegated authority to the Executive Director Place to:

i)        Agree any minor typographical and nonmaterial changes to the Proposed Submission Local Plan Review 2022-2039 and supporting documents, (including the approval, prior to publication, of the final:

a.     Air Quality Study;

b.     Whole Plan Viability Report;

c.     Employment Land Review Update;

d.     Housing Employment Land Availability Assessment;

e.     Landscape Sensitivity and Capacity Assessments for Individual Sites;

f.      Settlement Boundary Review; and

g.     Equality Impact Assessment).

ii)      Publish the Proposed Submission Local Plan Review 2022-2039, and supporting documents for a six week consultation period in accordance with the West Berkshire Statement of Community Involvement and Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012.

iii)     Following public consultation, consider and summarise the responses received, and submit the Proposed Submission Local Plan Review 2022-2039 and supporting documents to the Secretary of State for independent examination in line with Regulation 22 of the Town and Country Planning (Local Planning) (England) Regulations 2012”.

Councillor Somner introduced the report and explained how the draft Plan had been shaped following extensive evidence gathering, consultation with the public, neighbouring authorities and land owners in the district, and regular cross party meetings with Councillors. He thanked those who had collaboratively engaged with the process, and in particular the officers who had worked tirelessly to deliver the draft for consultation. Councillor Somner acknowledged the comprehensiveness of the Local Plan documentation included in the agenda pack and thanked the members of the Planning Advisory Group (PAG) who had regularly reviewed the content. He believed it important to emphasise the level of discussion that had taken place between the three political groups at PAG, and also to recognise the many changes to the draft Plan worked through as a result.

Councillor Somner referred to the recognition of the importance of the environment within the draft Plan, along with the impact of climate change and the setting of ambitious standards for suitability and environmental impact. He highlighted some proposals within it which included: the building of new zero carbon homes; infrastructure to support new development and provide additional services for existing communities; encouraging new businesses and job opportunities in the district; the protection of valued assets included in the Area of Outstanding Natural Beauty and important green spaces as well as local fauna, and; a new (but smaller than previously proposed) strategic development site in North East Thatcham providing around 600 affordable housing units. The draft Plan also addressed and resolved major themes identified following significant communication with local stakeholders during  ...  view the full minutes text for item 74.

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

Councillor Jeff Brooks declared an interest in Agenda Item 19. Notices of Motion (Motion A: Support the Watermill Theatre) by virtue of his wife’s former employment at the venue and his current status as a paying ‘Friend of the Watermill’. As his interest was a personal or an other registrable interest, but not a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.

Councillor Owen Jeffery declared an interest in Agenda Item 19. Notices of Motion (Motion A: Support the Watermill Theatre) by virtue of his current status as a paying ‘Friend of the Watermill’. As his interest was a personal or an other registrable interest, but not a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.

Councillor Tom Marino declared an interest in Agenda Item 19. Notices of Motion (Motion A: Support the Watermill Theatre) by virtue of his employment in the Office of Alok Sharma MP. As his interest was a personal or an other registrable interest, but not a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.

The Chairman advised that, in accordance with Rule 4.9.4, he had agreed to accept an Urgent Motion submitted by Councillor Graham Bridgman, Motion C (Constitution), the details of which were circulated to all Members prior to the meeting and published on the website.

As the Motion to be moved would rescind a decision made by Council within the preceding six months, in accordance with Rule 4.16.1 notice had been given under Rule 4.9 and had been signed by at least one-quarter of all Members of Council.

The Chairman also advised he would be re-ordering the Motions to consider Motion C first.

The Council considered the under-mentioned Motion (Agenda Item 19(c) refers) submitted in the name of Councillor Graham Bridgman relating to the Constitution.

MOTION: Proposed by Councillor Graham Bridgman and seconded by Councillor Andy Moore:

“Background

On 6 October 2022 Council approved changes to the Constitution (to Parts 4, 5, 6, 7 and elements of Part 13 – in essence the rules relating to meetings and bodies), but resolved that they were not to be introduced until 1 January 2023.  The delay was: (a) to allow a tidying up of minor elements of the new rules, (b) to ensure that other Constitutional changes (to Parts 9, 10, and 11 - the budget and policy rules, the financial rules, and the contract rules) were brought to Council at this meeting (1 December) such that both sets of changes tied together, and (c) to ensure that there was no conflict between the two sets of changes.

The tidying up has been completed but the second set of changes are not yet ready to be put before Council.

Motion

In order to ensure that there is no conflict between the key elements of the Constitution, this Council RESOLVES that:

·      recommendation 2.1(g) of Agenda  ...  view the full minutes text for item 75.

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

Please note that the list of Member questions is shown under Item 20 in the agenda pack.

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 Jeremy Cottam on the subject of environmental causes being reflected in the Council’s Risk Register was answered by the Portfolio Holder for Internal Governance and Strategic Partnerships.

(b)    A question standing in the name of Councillor Adrian Abbs on the subject of the Council’s plans for filling the gaps in provision of defibrillators across the district was answered by the Portfolio Holder for Health and Wellbeing.

(c)     A question standing in the name of Councillor Lee Dillon on the subject of the London Road Industrial Estate project not being in the Local Plan was answered by the Portfolio Holder for Planning, Transport and Countryside.

(d)    A question standing in the name of Councillor Phil Barnett on the subject of contractors overriding planning conditions to suit their own schedules was answered by the Portfolio Holder for Planning, Transport and Countryside.

(e)    A question standing in the name of Councillor Carolyne Culver on the subject of the Administration working co-operatively with opposition groups to set the next Budget was answered by the Leader of the Council.

(f)      A question standing in the name of Councillor Steve Masters on the subject of the availability of emergency accommodation was answered by the Portfolio Holder for Housing, Leisure and Culture.

(g)    A question standing in the name of Councillor Adrian Abbs on the subject of the current typology of the old football ground grass pitch at the southern end of Faraday Road was answered by the Portfolio Holder for Planning, Transport and Countryside.

(h)    A question standing in the name of Councillor Carolyne Culver on the subject of when the recruitment freeze in planning would be lifted was answered by the Portfolio Holder for Internal Governance and Strategic Partnerships.

(i)      A question standing in the name of Councillor Steve Masters on the subject of how many major developments completed since May 2019 had met the affordable housing target, in particular the 70% social rent target, was answered by the Portfolio Holder for Housing, Leisure and Culture.

(j)      A question standing in the name of Councillor Adrian Abbs on the subject of why the old football ground grass pitch at the southern end of Faraday Road had been or was to be included in the Brownfield site BR/201729 when the National Planing Policy Framework Criteria for Brownfield sites (as well as the Council’s website) specifically excluded Recreation Grounds was answered by the Portfolio Holder for Planning, Transport and Countryside.

A question standing in the name of Councillor Steve Masters on the subject of the current numbers on the housing register was answered by the Portfolio Holder for Housing, Leisure and Culture.