Agenda and minutes

Council - Wednesday, 27th June, 2018 7.00 pm

Venue: King Alfred Conference Chamber, Guildhall, Winchester

Contact: David Blakemore, Democratic Services Manager  Tel: 01962 848217 Email:  dblakemore@winchester.gov.uk

Items
No. Item

1.

To confirm the Minutes of the Ordinary Meeting of the Council held on 22 February 2018 and the Annual Meeting held on 16 May 2018 pdf icon PDF 139 KB

Additional documents:

Minutes:

RESOLVED:

           

That the minutes of the Ordinary Meeting of the Council held on 22 February 2018 and the Annual Meeting on 16 May 2018 be approved and adopted.

 

2.

To receive any communications from the Mayor, Leader or Chief Executive.

Minutes:

The Mayor referred to Queen’s Birthday Honours List and announced that letters of congratulation would be sent to the following people:

 

Elizabeth Yarnold MBE – Officer of the Order of the British Empire.

For Services to Winter Olympic Sport

 

Mr Paul T Murray – Member of the Order of the British Empire.

For Services to Charity and the Community of Winchester

 

Mr David Compton – Medalist of the Order of the British Empire

Volunteer Warden, Old Winchester Hill Nature Reserve.  For Service to Nature Conservation

 

The Mayor then reported on the recent visit to Winchester by His Excellency The Chief Executive of Afghanistan, Doctor Abdullah Abdulla who gave a talk at the University on the education of woman in his country.

 

The Mayor also reported to Council that former Mayor Patricia Norris (1995-6) had recently passed away.  Her funeral was to be held on 2nd July 2018 at 2pm in St Cross Church.

 

Finally, the Mayor welcomed and introduced Chas Bradfield, Strategic Director: Place, who had recently started work at the City Council.

 

Mr Bradfield thanked the Mayor and reported that he was looking forward to spending time with Members in the communities that they represented so that he was able to gain a good understating of Winchester and the district.

 

3.

The making or termination of appointments to bodies set up by the Council.

Minutes:

The Mayor advised that this item would be taken after Item 8 on the agenda for this meeting only.

 

4.

Disclosure of Interests

To receive any disclosure of interests from Members or Officers in matters to be discussed.

Note: Councillors are reminded of their obligations to declare disclosable pecuniary interests, personal and/or prejudicial interests in accordance with the Council’s Code of Conduct.

 

Minutes:

Councillor Gottlieb declared a disclosable pecuniary interest in relation to his ownership of St Clements Surgery.  He would leave the meeting should this matter be discussed or referred to during any discussion.

 

5.

To receive petitions (if any) under Council Procedure Rule 15.

Minutes:

There were no petitions received.

6.

To answer questions (if any) under Council Procedure Rule 14. pdf icon PDF 624 KB

Minutes:

16 Questions were asked by Members, which are set out in full on the Council’s website, together with responses from the relevant Portfolio Holder.  The Mayor allowed time for supplementary Questions to be asked and responded to.

 

7.

To consider and determine the following Recommended Minutes: pdf icon PDF 43 KB

a)    The Overview and Scrutiny Committee – 21 May 2018

DRAFT ANNUAL SCRUTINY REPORT

Recommended Minute – page 27

(Report OS201 refers)

 

b)    Cabinet  – 20 June 2018

BISHOPS WALTHAM DEPOT – NEW BUILD INDUSTRIAL UNITS

Recommended Minute - to follow

(Report CAB3048 refers – less Exempt Appendices B and C)

 

 

Additional documents:

Minutes:

(a)       The Overview and Scrutiny Committee – 21 May 2018

 

DRAFT ANNUAL SCRUTINY REPORT

(Report OS201 refers)

 

The Chairman of The Overview and Scrutiny Committee, Councillor Learney moved that the Recommended Minute of The Overview and Scrutiny Committee be approved and adopted.  Councillor Learney introduced the Report.

 

RESOLVED:

 

That the Recommended Minute of The Overview and Scrutiny Committee be approved and adopted.   

 

(b)       Cabinet – 20 June 2018

 

BISHOPS WALTHAM DEPOT – NEW BUILD INDUSTRIAL UNITS

(Report CAB3048 refers – less exempt Appendices B and C)

 

The Mayor advised that the Recommended Minute of Cabinet had been distributed with a Supplementary Agenda after the statutory deadline, but that he had decided to accept this onto the agenda, because of the urgent need for Council to approve the matters detailed within Report CAB3048.

 

The Corporate Head of Resources advised that any reference to the exempt Appendices B and C should be made during exempt session.  There was no corresponding exempt minute of Cabinet because their consideration of the matter stayed with an open session. 

 

The Leader, Councillor Horrill moved that the Recommended Minute of Cabinet be approved and adopted.  Councillor Horrill introduced the Report.

 

With reference to the exempt Appendices B and C to the Report, Council agreed that it would not require to move into exempt session to discuss the appendices before returning to open session in order for it to debate and to make its final decision.  

 

RESOLVED:

 

That the Recommended Minute of Cabinet be approved and adopted.   

 

8.

To consider Notice of Motion(s) (if any) under Council Procedure Rule 9

(i)            To be moved by Cllr Thompson:

 

This Council notes:

·         That a planning application has been submitted for the new leisure centre on June 14, 2018 – with a Statutory Expiry date before the next scheduled Full Council meeting

·         That this application was submitted before councillors and local residents had been consulted on the detailed final design – and before local sports clubs had been given full access to detailed proposed plans for the scheme to check their practicality

This Council believes that:

·         It should follow exemplary consultation practices, including detailed public and councillor consultation on its own planning applications before designs are agreed and submitted

·         The proposed design has several design flaws that lie partly or wholly outside the scope of the planning process – but that need to be urgently addressed before construction starts – including:

o   An impractical design of the main sports hall that does not meet the needs of local sport and recreation

o   Poorly thought through access and parking arrangements – especially for residents in Highcliffe

This Council therefore:

·         Reconfirms its commitment to a new leisure centre at Bar End

·         Instructs the Council to bring forward a revised plan that addresses these concerns – and other critical design concerns raised during public consultation and consultation with local sports clubs – to be submitted in sufficient time to minimise any delay to the planning and development process

 

 

(ii)          To be moved by Cllr Bell:

 

Council notes that each member of Project Integra is being asked to agree the draft Project Integra Action Plan 2018-2021.

 

Council believes that, as drafted, the plan lacks ambition:

(1)         relying heavily on increasing capture of materials currently accepted for recycling;

(2)         failing to account for disincentives to use Household Waste Recycling Centres and incentives to flytip due to charging;

(3)         failing to give a clear commitment to doorstep recycling of an increased range of material including plastics widely  recycled elsewhere; and

(4)         not articulating renewed national ambition on reducing unsustainable products such as single use plastic items through behaviour change.

 

Council therefore resolves not to support the Project Integra Action Plan 2018-2021 and ask the Project Integra Board to respond to the issues raised.

Minutes:

(a)          The following Notice of Motion had been submitted by Councillor Porter and seconded by Councillor Thompson, under Council Procedure Rule 9:

 

“This Council notes:

·        That a planning application has been submitted for the new leisure centre on June 14, 2018 – with a Statutory Expiry date before the next scheduled Full Council meeting

·        That this application was submitted before councillors and local residents had been consulted on the detailed final design – and before local sports clubs had been given full access to detailed proposed plans for the scheme to check their practicality

This Council believes that:

·         It should follow exemplary consultation practices, including detailed public and councillor consultation on its own planning applications before designs are agreed and submitted

·         The proposed design has several design flaws that lie partly or wholly outside the scope of the planning process – but that need to be urgently addressed before construction starts – including:

o   An impractical design of the main sports hall that does not meet the needs of local sport and recreation

o   Poorly thought through access and parking arrangements – especially for residents in Highcliffe

This Council therefore:

·         Reconfirms its commitment to a new leisure centre at Bar End

·         Instructs the Council as developer and landowner to bring forward a revised plan that addresses these concerns – and other critical design concerns raised during public consultation and consultation with local sports clubs – to be submitted to the Council as the Local Planning Authority in sufficient time to minimise any delay to the planning and development process.”

 

As part of her introduction to her Motion, Councillor Thompson requested a minor drafting amendment, which was accepted by the Mayor.   This is shown by the additional text in bold above.

 

The Corporate Head of Resources provided advice to those members of the Council who were members of the Planning Committee.  In summary, it was clarified that Planning Committee members were able participate in the debate of the Notice of Motion, with the caveat that case law had made it clear that the words used by particular Members and the interpretation put on those words was of particular importance. Therefore, Members would need to be aware of making statements in advance of the determination of planning applications as there was a risk that they can be misinterpreted or taken out of context.

 

Motion            (1) Tod            (2) Thompson

 

“Suspend Council Procedure Rule 9 (6) so to allow the matters referred to in the Notice of Motion to be voted upon and resolved by Council, rather than firstly referred to a Committee for consideration and reference back to a future Council meeting.”

 

          Motion carried.

 

During the debate which followed on Councillor Thompson’s Motion, the following points were raised:

 

·         Councillor Ashton highlighted that, to date, there had been extensive consultation on the proposed new Leisure Centre at Bar End.  Various organised events had been arranged as well as liaison with residents, users, clubs and groups etc.  There had been much discussion on the design  ...  view the full minutes text for item 8.

9.

The making or termination of appointments to bodies set up by the Council.

Minutes:

Following an adjournment of the meeting (to allow the Groups to consider and agree upon appointments to committees to reflect the changes to proportionality following Councillor Gottlieb’s resignation from the conservative group) changes to appointments to committees were agreed. 

 

 

            RESOLVED:

 

That the Committee memberships and Chairman be agreed as set out below:

 

Cabinet (8:0) – Cllrs Ashton, Brook, Godfrey, Griffiths, Horrill, Humby, Miller, Warwick

 

The Overview and Scrutiny Committee (5:5) – Cllrs Cunningham, Gemmell, McLean, Stallard, Weston, Evans, Learney, Clear, Thompson, Tod (deps Berry, Mather, Hiscock, Weir)

 

Audit Committee (4:4) – Cllrs Burns, Huxstep, Mather, Stallard, Bentote, Cutler, Prince, Power (deps Cunningham, Murphy)

 

Licensing and Regulation Committee (6:6) – Cllrs Berry, Burns, Cook, Mather, McLean, Read, Becker, Bentote, Green, Izard, Laming, Power (deps Achwal, Huxstep)

 

Planning Committee (4:4) – McLean, Read, Ruffell, Cunningham, Clear, Evans, Izard, Rutter (deps Berry, Laming, Weir)  

 

Joint West of Waterlooville MDA Planning Committee (5) – Read, Ruffell, McLean, Clear, Evans (dep Izard)

 

Personnel Committee (3:3) Berry, Cook, Read, Achwal, Bentote, Cutler (deps Murphy, Weston)

 

Standards Committee (6:6) - Berry, Cunningham, Gemmell, Mather, McLean, Weston, Bell, Clear, Evans, Izard, Laming, Power

 

Housing Appeals Committee (4) - Cook, Huxstep, Porter, Clear (dep Izard)

 

Appeals and Disputes (8) - Burns, Huxstep, Stallard, Weston, Hiscock, Hutchison, Learney, Weir

 

Licensing Sub Committee - Burns, Mather, Green, Izard

 

Audit (Governance) Sub Committee – Burns, Huxstep, Stallard, Cutler, Prince

10.

EXEMPT BUSINESS: To consider whether in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information

(i) To pass a resolution that the public be excluded from the meeting during the consideration of the following items of business because it is likely that, if members of the public were present, there would be disclosure to them of 'exempt information' as defined by Section 100 (I) and Schedule 12A to the Local Government Act 1972.

 

Minutes:

RESOLVED:

 

1.         That in all the circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

2.         That the public be excluded from the meeting during the consideration of the following items of business because it is likely that, if members of the public were present, there would be disclosure to them of ‘exempt information’ as defined by Section 100I and Schedule 12A to the Local Government Act 1972.

 

Minute

Number

Item

 

Description of

Exempt Information

##

 

 

 

 

 

 

 

Bishops Waltham Depot – New Build Industrial Units (exempt appendices)

)

)

)

)

)

)

Information relating to the financial or business affairs of any particular person (including the authority holding that information). (Para 3 Schedule 12A refers)

 

 

 

RESOLVED:

 

            That the content of Exempt Appendix B and C to Report CAB3048 be noted.

 

 

The meeting commenced at 7pm, adjourned between 9:35pm and 10pm and concluded at 10:15pm

 

                                                                                                            The Mayor

 

Registering to speak at meetings of the council:

The information below relates to the majority of meetings of the council but please note that different rules do apply for registering to speak at meetings of Full Council, Licensing Sub Committees, Planning Committees, Open Forums, and the Standards Hearing and Human Resources Sub Committees and the Appointments Panel. Further information can be obtained using the contact details above.

Members of the public may speak at this meeting, provided they have registered to speak three working days in advance. Please contact Democratic Services via democracy@winchester.gov.uk or (01962) 848 264 to register to speak and for further details - which can also be found on the individual meeting agenda front sheets.

 

Council on Wednesday, 27th June, 2018, 7.00 pm{sidenav}{content}