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Agenda item

Notices of Motion

(a)          The following Motion has been submitted in the name of Councillor Lynne Doherty:

This Council notes that:

 

96% of councils across England do not have a formal Parental Leave Policy in place for elected members and considers that the lack of such a Policy may deter new or prospective parents, and particularly women, in standing for election in the first place and, if they are elected, could be a barrier to their fulfilling their role.

 

Local Government is the cornerstone of our democracy; delivering services that people rely on and serving our communities.  There is at present no right to parental leave for those in elected public office, but we should do all we can to encourage as wide as possible a range of candidates to stand for election.  Improved provision for new parents should contribute towards increasing the diversity of experience, age and background of local authority councillors.  It should also assist with retaining experienced councillors – particularly women – and making public office more accessible to individuals who might otherwise feel excluded from it.

 

An issue with introducing a Parental Leave Policy for Members is that a Member taking parental leave in accordance with the policy could find themselves in breach of s85(1), Local Government Act 1972 (“if a member of a Local Authority fails, throughout a period of six consecutive months from the date of their last attendance, to attend any meeting of the Authority they will, unless the failure was due to some good reason approved by the Authority before the expiry of that period, cease to be a member of the Authority”).

 

It is therefore proposed that this Council agrees the following resolution with the intention of (a) introducing a Parental Leave Policy for Members in due course, (b) delegating to the Personnel Committee the ownership of the new policy, and (c) suspending the effect of s85(1) whilst a Member is taking parental leave.

 

This Council resolves that (a) the Personnel Committee shall be delegated with (i) the agreement and adoption of a Parental Leave Policy for Members and (ii) any subsequent amendments to it, (b) if a Member takes parental leave in accordance with the Policy once adopted the period of such parental leave (“the Period”) shall be treated as a good reason for the Member failing to attend any meeting or meetings during the Period for the purposes of section 85(1) of the Local Government Act 1972, and (c) the Monitoring Officer is authorised to approve such absences during the Period and to make any consequent amendments to the Council’s Constitution necessary.

 

(b)          The following Motion has been submitted in the name of Councillor Lee Dillon:

           This Council notes:

 

·         The majority of West Berkshire Residents voted to remain in the referendum in 2016.

 

·         That West Berkshire is projected to see a drop in GVA (Gross Value Added) of -2.3% in the event of a no deal Brexit*

 

·         That additional resources from Central Government to plan for a no deal Brexit locally have not been made available

 

·         That a shrinking economy leads to lower tax revenues putting more strain on already underfunded public services.

 

·         That on 12th August 2019 our local MP, Richard Benyon, put his name to a letter to the Prime Minister urging him to avoid a no deal Brexit. 

            This Council therefore:

 

(1)      Wishes to formally add its voice to those calling for a confirmatory referendum on the final Brexit outcome to be held while we remain members of the EU. The options in this referendum should be to leave the EU with whatever the Government’s specific plan is, or to remain in the EU on our current terms.

 

(2)      Will write to our 3 local MPs:

(a)       note that we share Richard Benton MP’s alarm at the ‘Red Lines the Prime Minister has drawn’ which appear to make no deal the most likely Brexit outcome

(b)       to express our concern about the expected negative economic impact of a no deal Brexit on West Berkshire

(c)       urge them to do all they can to prevent a no deal Brexit

(d)       urge them to join West Berkshire Council in supporting a confirmatory referendum to ensure explicit public support for the final course of action.

 

(3)      Will write to the Chancellor of the Duchy of Lancaster (No Deal Planning) to request additional resources to enable us to carry out a detailed impact study on our local economy in order to:

(a)       understand the full impact of a no deal Brexit on services run solely by West Berkshire Council.

(b)       prepare a plan to mitigate/deal with the identified impacts”.

 

(c)          The following Motion has been submitted in the name of Councillor Alan Macro:

Selection of Development Sites for the New Local Plan

 

This council notes that sites to be allocated for development in past local plan documents have been selected by a task group meeting in private and, although the local plan documents were approved for submission and adoption by full Council, it proved not possible to change which sites were included. The decisions on which sites should be included in the local plan documents were therefore effectively taken behind closed doors.

 

Council therefore resolves that, in the interests of transparency and democracy, development sites to be included in the submitted new Local Plan should be selected in public. Local members, parish councils, the public and site promoters should have speaking rights similar to those at planning committees.

 

(d)          The following Motion has been submitted in the name of Councillor Alan Macro:

CO2 Emissions and Water Usage

 

This council notes that it has declared a climate emergency and adopted a policy of achieving carbon neutrality by 2030. Given that private dwellings account for around 20% of carbon dioxide emissions, it is essential for measures to be urgently taken to reduce the emissions from new dwellings and extensions to be reduced by the maximum possible. This council also notes concerns by the Environment Agency and others about the effect of water abstraction on our watercourses and, particularly, on our chalk streams. Thames Water is classified as being under serious stress.

 

This council therefore resolves to draw up and adopt a Supplementary Planning Document within six months requiring new dwellings and extensions to be built to standards requiring carbon dioxide emissions and water consumption to be minimised to the maximum extent consistent with government guidance.

 

(e)          The following Motion has been submitted in the name of Councillor Lee Dillon:

Re-open the Faraday Road Football Club Ground to its previous condition

 

            This Council notes:

 

·           It served an eviction notice on the tenants of the Faraday Road Football site resulting in the site being vacant since June 2017

·           That the Council was obligated to secure the site in its Development Agreement with St Modwen Developments Limited relating to the planned redevelopment of  London Road Estate (LRE)

·           That the Chief Executive of West Berkshire Council confirmed at a Newbury Vision meeting on that it would be 3 years before any works would be carried out on the site

·           That the Council has foregone an income stream in rent since it evicted the tenants of the football club

·           That the Executive of West Berkshire Council agreed on in December to allocate £88,000 secure the site following the eviction.

·           That the Council allowed the removal of the football stand despite it being part of an  Asset of Community Value (reg. number) and part of a protected local Sports Facility Cultural Facility registered by the Council in the Core Strategy 

·           That according to the Councils own planning policies Area Delivery Plan Policy 2 (ADPP2) and Core Strategy Policy 18 (CS18) the Ground is protected as a facility for organised football.   In regard ADPP2 the Ground is identified on the CS proposals map as a cultural facility “sports stadium” and labelled on the Map as “Football Ground”. “Existing community facilities will be protected and, where appropriate, enhanced. These include leisure and cultural facilities, which contribute to the attraction of the town for both residents and visitors. In regard CS18 (with added emphasis) The District’s green infrastructure will be protected and enhanced …… Developments resulting in the loss of green infrastructure or harm to its use or enjoyment by the public will not be permitted. Where exceptionally it is agreed that an area of green infrastructure can be lost a new one of equal or greater size and standard will be required to be provided in an accessible location close by.” And supporting text para 5.124: “For the purposes of this Core Strategy, green infrastructure is defined as: Outdoor sports facilities (with natural or artificial surfaces, either publicly or privately owned) – including …… sports pitches,…..” and para 5.129 “Sporting provision ranges from established sports clubs with good facilities such as …… Newbury Town, Thatcham Town and Hungerford Town Football Clubs…..”.

·           That following the Court of Appeal declaring in November 2018 the Development Agreement with St Modwen “ineffective”  the Council it has decided to reappraise LRE and is currently creating a development brief for the Estate.

·           That the Councils Overview and Scrutiny Commission is currently undertaking a review of events that led to the decision by the Court of Appeal.

 

            Therefore Council resolves:

 

·           To commission a report into the costs associated with re-opening the existing football ground to include the reinstatement of the stand.

·           To proceed with formal agreement on a development brief for LIRE only after the conclusion of the Overview and Scrutiny Commission investigation into the previous actions relating to the project so that any recommendations and required changes to process and authorisations can be taken into consideration and actioned.

 

Minutes:

The Council considered the under-mentioned Motion (Agenda item 15a refers) submitted in the name of Councillor Lynne Doherty relating to the development of a parental leave policy for elected councillors.

The Chairman informed the Council that the Motion would be debated at the meeting.

MOTION: Proposed by Councillor Lynne Doherty and seconded by Councillor Howard Woollaston:

That the Council:

notes that 96% of councils across England do not have a formal Parental Leave Policy in place for elected members and considers that the lack of such a Policy may deter new or prospective parents, and particularly women, in standing for election in the first place and, if they are elected, could be a barrier to their fulfilling their role.

 

Local Government is the cornerstone of our democracy; delivering services that people rely on and serving our communities.  There is at present no right to parental leave for those in elected public office, but we should do all we can to encourage as wide as possible a range of candidates to stand for election.  Improved provision for new parents should contribute towards increasing the diversity of experience, age and background of local authority councillors.  It should also assist with retaining experienced councillors – particularly women – and making public office more accessible to individuals who might otherwise feel excluded from it.

 

An issue with introducing a Parental Leave Policy for Members is that a Member taking parental leave in accordance with the policy could find themselves in breach of s85(1), Local Government Act 1972 (“if a member of a Local Authority fails, throughout a period of six consecutive months from the date of their last attendance, to attend any meeting of the Authority they will, unless the failure was due to some good reason approved by the Authority before the expiry of that period, cease to be a member of the Authority”).

 

It is therefore proposed that this Council agrees the following resolution with the intention of (a) introducing a Parental Leave Policy for Members in due course, (b) delegating to the Personnel Committee the ownership of the new policy, and (c) suspending the effect of s85(1) whilst a Member is taking parental leave.

 

This Council resolves that (a) the Personnel Committee shall be delegated with (i) the agreement and adoption of a Parental Leave Policy for Members and (ii) any subsequent amendments to it, (b) if a Member takes parental leave in accordance with the Policy once adopted the period of such parental leave (“the Period”) shall be treated as a good reason for the Member failing to attend any meeting or meetings during the Period for the purposes of section 85(1) of the Local Government Act 1972, and (c) the Monitoring Officer is authorised to approve such absences during the Period and to make any consequent amendments to the Council’s Constitution necessary.

 

The Motion was put to the vote and declared CARRIED.

The Council considered the under-mentioned Motion (Agenda item 15b refers) submitted in the name of Councillor Lee Dillon relating to confirmatory referendum on the final Brexit outcome.

The Chairman informed the Council that the Motion would be debated at the meeting.

MOTION: Proposed by Councillor Lee Dillon and seconded by Councillor Carolyne Culver:

That the Council notes:

·         “The majority of West Berkshire Residents voted to remain in the referendum in 2016.

 

·         That West Berkshire is projected to see a drop in GVA (Gross Value Added) of -2.3% in the event of a no deal Brexit*

 

·         That additional resources from Central Government to plan for a no deal Brexit locally have not been made available

 

·         That a shrinking economy leads to lower tax revenues putting more strain on already underfunded public services.

 

·         That on 12th August 2019 our local MP, Richard Benyon, put his name to a letter to the Prime Minister urging him to avoid a no deal Brexit. 

            This Council therefore:

 

(1)      Wishes to formally add its voice to those calling for a confirmatory referendum on the final Brexit outcome to be held while we remain members of the EU. The options in this referendum should be to leave the EU with whatever the Government’s specific plan is, or to remain in the EU on our current terms.

 

(2)      Will write to our 3 local MPs:

(a)       note that we share Richard Benton MP’s alarm at the ‘Red Lines the Prime Minister has drawn’ which appear to make no deal the most likely Brexit outcome

(b)       to express our concern about the expected negative economic impact of a no deal Brexit on West Berkshire

(c)       urge them to do all they can to prevent a no deal Brexit

(d)       urge them to join West Berkshire Council in supporting a confirmatory referendum to ensure explicit public support for the final course of action.

 

(3)      Will write to the Chancellor of the Duchy of Lancaster (No Deal Planning) to request additional resources to enable us to carry out a detailed impact study on our local economy in order to:

(a)       understand the full impact of a no deal Brexit on services run solely by West Berkshire Council.

(b)       prepare a plan to mitigate/deal with the identified impacts”.

 

The Motion was put to the vote and declared LOST.

The Council considered the under-mentioned Motion (Agenda item 15c refers) submitted in the name of Councillor Alan Macro relating the selection of development sites for the new Local Plan.

The Chairman informed the Council that the Motion would not be debated at the meeting. In accordance with Procedure Rule 4.9.8, it would be referred to Planning Advisory Group for consideration and a response would be brought back to Council.

MOTION: Proposed by Councillor Alan Macro and seconded by Councillor Tony Vickers:

That the Council notes:

“that sites to be allocated for development in past local plan documents have been selected by a task group meeting in private and, although the local plan documents were approved for submission and adoption by full Council, it proved not possible to change which sites were included. The decisions on which sites should be included in the local plan documents were therefore effectively taken behind closed doors.

 

Council therefore resolves that, in the interests of transparency and democracy, development sites to be included in the submitted new Local Plan should be selected in public. Local members, parish councils, the public and site promoters should have speaking rights similar to those at planning committees”.

The Council considered the under-mentioned Motion (Agenda item 15d refers) submitted in the name of Councillor Alan Macro relating to CO2 emissions and water usage.

The Chairman informed the Council that the Motion would not be debated at the meeting. In accordance with Procedure Rule 4.9.8, it would be referred to Planning Advisory Group for consideration and a response would be brought back to Council.

MOTION: Proposed by Councillor Alan Macro and seconded by Councillor Adrian Abbs:

That the Council notes

“that it has declared a climate emergency and adopted a policy of achieving carbon neutrality by 2030. Given that private dwellings account for around 20% of carbon dioxide emissions, it is essential for measures to be urgently taken to reduce the emissions from new dwellings and extensions to be reduced by the maximum possible. This council also notes concerns by the Environment Agency and others about the effect of water abstraction on our watercourses and, particularly, on our chalk streams. Thames Water is classified as being under serious stress.

This council therefore resolves to draw up and adopt a Supplementary Planning Document within six months requiring new dwellings and extensions to be built to standards requiring carbon dioxide emissions and water consumption to be minimised to the maximum extent consistent with government guidance.

 

The Council considered the under-mentioned Motion (Agenda item 15e refers) submitted in the name of Councillor Lee Dillon relating to re-opening the Faraday Road Football Club Ground.

The Chairman informed the Council that the Motion would not be debated at the meeting. In accordance with Procedure Rule 4.9.8. it would be referred to the Executive for consideration as this motion was an Executive function

MOTION: Proposed by Councillor Lee Dillon and seconded by Councillor Jeff Brooks:

That the Council

·           “It served an eviction notice on the tenants of the Faraday Road Football site resulting in the site being vacant since June 2017

·           That the Council was obligated to secure the site in its Development Agreement with St Modwen Developments Limited relating to the planned redevelopment of  London Road Estate (LRE)

·           That the Chief Executive of West Berkshire Council confirmed at a Newbury Vision meeting on that it would be 3 years before any works would be carried out on the site

·           That the Council has foregone an income stream in rent since it evicted the tenants of the football club

·           That the Executive of West Berkshire Council agreed on in December to allocate £88,000 secure the site following the eviction.

·           That the Council allowed the removal of the football stand despite it being part of an  Asset of Community Value (reg. number) and part of a protected local Sports Facility Cultural Facility registered by the Council in the Core Strategy 

·           That according to the Councils own planning policies Area Delivery Plan Policy 2 (ADPP2) and Core Strategy Policy 18 (CS18) the Ground is protected as a facility for organised football.   In regard ADPP2 the Ground is identified on the CS proposals map as a cultural facility “sports stadium” and labelled on the Map as “Football Ground”. “Existing community facilities will be protected and, where appropriate, enhanced. These include leisure and cultural facilities, which contribute to the attraction of the town for both residents and visitors. In regard CS18 (with added emphasis) The District’s green infrastructure will be protected and enhanced …… Developments resulting in the loss of green infrastructure or harm to its use or enjoyment by the public will not be permitted. Where exceptionally it is agreed that an area of green infrastructure can be lost a new one of equal or greater size and standard will be required to be provided in an accessible location close by.” And supporting text para 5.124: “For the purposes of this Core Strategy, green infrastructure is defined as: Outdoor sports facilities (with natural or artificial surfaces, either publicly or privately owned) – including …… sports pitches,…..” and para 5.129 “Sporting provision ranges from established sports clubs with good facilities such as …… Newbury Town, Thatcham Town and Hungerford Town Football Clubs…..”.

·           That following the Court of Appeal declaring in November 2018 the Development Agreement with St Modwen “ineffective”  the Council it has decided to reappraise LRE and is currently creating a development brief for the Estate.

·           That the Councils Overview and Scrutiny Commission is currently undertaking a review of events that led to the decision by the Court of Appeal.

 

            Therefore Council resolves:

 

·           To commission a report into the costs associated with re-opening the existing football ground to include the reinstatement of the stand.

·           To proceed with formal agreement on a development brief for LIRE only after the conclusion of the Overview and Scrutiny Commission investigation into the previous actions relating to the project so that any recommendations and required changes to process and authorisations can be taken into consideration and actioned.