Agenda and minutes

Apologies for absence were received from Councillors Steph Exell, Nick Martin, Nadine Watts and Peter Watts.

The Chief Executive reported that no communications had been received.

            Resolved – That the minutes of the meeting held on 23^rd January 2020 be confirmed and signed.

The Worshipful The Mayor reminded Members of the need to declare any known interests in any matters to be considered at the meeting.  No declarations were made.

Ms Stephanie Poyntz submitted a written question in respect of the oversight and possible banning of greyhound racing in Swindon.  The Cabinet Member for Housing and Public Safety indicated that a written response had been tabled.

Ms Poyntz asked a supplemental question regarding the submission of a petition regarding greyhound racing in Swindon.  The Leader of the Council responded at the meeting.

To approve, following a recorded vote, the Council’s Budget for the Financial Year, 2020/21.

The Cabinet met on 5^th February 2020 to consider the following reports relating to the Council Budget 2020/21.

(i)   Budget 2020/21 and Beyond.

(ii)  Capital Programme 2024/25.

(iii) Treasury Strategy Statement 2020/21.

Cabinet Minutes 63, 64 and 65 relating to these reports are attached (Pages 15 to 18).

The Council considered joint reports of the Cabinet Member for Finance, Education and Skills and the Corporate Director of Finance and Assets, considered by the Cabinet on 5^th February 2020 relating to (i) Budget 2020/21 and Beyond, (ii) Capital Programme 2020/21, (iii) Treasury Strategy Statement 20120/21, and (iv) Minute 63 of the Cabinet (Budget 2020/21 and Beyond), Minute 64 of the Cabinet (Capital Programme 2020/21) and Minute 65 of the Cabinet (Treasury Statement 2020/21).

(1) Councillor Russell Holland moved and Councillor David Renard seconded that Minute 63(11) of the Cabinet (Budget 2020/21 and Beyond) be confirmed and adopted.

The resolution was put to the vote and declared carried.

In line with The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014, the vote on Minute 63(11) of the Cabinet (Budget 2020/21 and Beyond) was recorded:

          Councillors voting for the Motion were: Councillors Alan Bishop, Nick Burns-Howell, Matthew Courtliff, Malcolm Davies, Oliver Donachie, Emma Faramarzi, Brian Ford, Dale Heenan, Steve Heyes, Russell Holland, Oladapo Ibitoye, Rob Jandy, Jenny Jefferies, Vinay Manro, Mary Martin, Cathy Martyn, Brian Mattock, Barbara Parry, Kevin Parry, Maureen Penny, Garry Perkins, David Renard, Roger Smith, Bazil Soloman, Gary Sumner, Tim Swinyard, Caryl Sydney-Smith, Rahul Tarar, Vera Tomlinson, Steve Weisinger and Keith Williams.

Councillors voting against the Motion were Councillors Junab Ali, Steve Allsopp, Abdul Amin, John Ballman, Ray Ballman, Emma Bushell, Claire Crilly,  Mark Dempsey, Paul Dixon, Jim Grant, Fay Howard, Janine Howarth, Jane Milner-Barry, Stan Pajak, Jim Robbins, Adorabelle Shaikh, Imtiyaz Shaikh, Carol Shelley, Kevin Small, Andy Spry and Robert Wright.

There were no abstentions.

(2) Councillor Russell Holland moved and Councillor David Renard seconded that Minute 64(1) of the Cabinet (Capital Programme 2020/21) be confirmed and adopted.

The resolution was put to the vote and declared carried.

In line with The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014, the vote on Minute 64(1) of the Cabinet (Budget 2020/21 and Beyond) was recorded:

          Councillors voting for the Motion were: Councillors Alan Bishop, Nick Burns-Howell, Matthew Courtliff, Malcolm Davies, Oliver Donachie, Emma Faramarzi, Brian Ford, Dale Heenan, Steve Heyes, Russell Holland, Oladapo Ibitoye, Rob Jandy, Jenny Jefferies, Vinay Manro, Mary Martin, Cathy Martyn, Brian Mattock, Barbara Parry, Kevin Parry, Maureen Penny, Garry Perkins, David Renard, Roger Smith, Bazil Soloman, Gary Sumner, Tim Swinyard, Caryl Sydney-Smith, Rahul Tarar, Vera Tomlinson, Steve Weisinger and Keith Williams.

Councillors voting against the Motion were Councillors Junab Ali, Steve Allsopp, Abdul Amin, John Ballman, Ray Ballman, Emma Bushell, Claire Crilly,  Mark Dempsey, Paul Dixon, Jim Grant, Fay Howard, Janine Howarth, Jane Milner-Barry, Stan Pajak, Jim Robbins, Adorabelle Shaikh, Imtiyaz Shaikh, Carol Shelley, Kevin Small, Andy Spry and Robert Wright.

There were no abstentions.

(3) CouncillorRussell Hollandmoved and Councillor David Renard seconded that Minute 65 of the Cabinet (Treasury Strategy Statement 2020/21) be confirmed and adopted.

The resolution was put to the vote and declared carried.

To enable Members, following a recorded vote, to formally resolve the Borough Council’s Council Tax for 2020/21.

The Council considered a joint report of the Cabinet Member for Finance, Education and Skills and the Corporate Director of Finance and Assets, inviting members to formally resolve the Borough's Council Tax for 2020-21, recognising that Billing Authorities have a statutory requirement to set the annual Council Tax bills by 11th March.

Councillor Russell Holland moved and Councillor David Renard seconded and the Council agreed:

“(1) That it be recorded that the advice of the Chief Legal Officer (Monitoring Officer) has been taken into account in the setting of the level of Council Tax for 2020-21.

(2) That it be noted that the Council's revenue budget is £149,074,277 as recommended by the Cabinet to this Council on 5^th February 2020.

(3) That it be recorded that the advice of the Corporate Director of Finance and Assets (Section 151 Officer) has been taken into account in the setting of the level of Council Tax for 2020-21.

(4) That it be noted that in accordance with Section 31B of the Local Government Finance Act 1992 (as amended) the Council’s Tax Base for 2020-21 is 75,878.9 in total with the breakdown by Parish set out in Appendix 3 of the joint report.

(5) That the following amounts be calculated by the Council in accordance with Sections 31 to 36 of the Local Government Finance Act 1992, as amended by the Localism Act 2011:-

(a)       Borough / Parish Gross Expenditure £516,630,644 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(2) of the 1992 Act taking into account all precepts issued to it by Parish Councils.

(b)       Borough Gross Income plus Collection Fund Balance£400,129,059 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act.

(c)       Borough/Parish Net Expenditure £116,501,585 being the amount by which the aggregate at 4(a) above exceeds the aggregate at 4(b) above, calculated by the Council, in accordance with Section 31A(4)  of the Act, as its COUNCIL TAX REQUIREMENT for the year.

(d)       Basic Amount of Tax (including average parish precepts)£1,659.52 being the amount at 4(c) above divided by the amount at 3 above, calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year.  In accordance with Schedule 5 of the Localism Act 2011, this sum is not considered to be excessive.

(e)       Special Items £8,703,467 being the aggregate of Parish Precepts and collectively known as special items and referred to in Section 34(1) of the Act.

(f)        Basic Amount of Tax⁽¹⁾ £1,420.66 being the amount at 4(d) above less the result given by dividing the amount at 4(e) above by the amount at 3, calculated by the Council in accordance with Section 34(2) of the Act, as the basic amount of its Council Tax for the year for dwellings in those parts of its area to which no special item relates. 

(g)  ...  view the full minutes text for item 81.

To approve the Council’s Housing Revenue Account Budget for the Municipal Year 2020/21.

The Cabinet met on 5^th February 2020 to consider the attached report on the Housing Revenue Account – Rents and Charges 2020/21.

Cabinet Minute 66 realting to this report is attached (Pages 139 to 140).

The Council considered (a) a joint report of the Cabinet Member for Housing and Public Safety and the Corporate Director, Communities and Housing, concerning the proposed Housing Revenue Account – Rents and Charges 2020/21, and (b) Minute 66 of the Cabinet (Housing Revenue Account – Rents and Charges 2020/21).

            Councillor Cathy Martyn moved and Councillor Russell Holland seconded:

“That Council approves that:

(1) That the proposed average social rent for Housing Revenue Account (HRA) dwellings for 2020/21 of £81.25 per week (52 week basis), which is an increase of 2.7%, be approved. This will be an average increase of £2.14 per week (on a 52 week basis). The range of increases are shown in paragraph 3.8 of the joint report.
(2) That the Director of Housing be authorised to seek authority from the Secretary of State to extend permission to provide a budget of £200k within the HRA for payments to Council’s tenants under the Discretionary Housing Payments scheme in 2020/21 as detailed at paragraphs 3.23 of the joint report.
(3) That the housing related support charges for 2020/21 and service charges for 2020/21 as outlined in Appendix 2 be approved.
(4) That the leaseholder service charges are set for 2020/21 as shown in Appendix 3 of the joint report be approved.
(5) That based on the proposals within this report, the Housing Revenue Account (HRA) proposed budget 2020/21, shown in Appendix 4, be approved and that the HRA Capital Budget and Funding as shown in Appendix 5 of the joint report be approved.
(6) That the draft 3 year capital projects and planned maintenance programme be approved at an indicative funding level of £15.5m (2019/20 prices) for 2020/21 Appendix 6 of the joint report.
(7) That the Director of Housing be authorised to undertake a new acquisition programme and approve the acquisition programme budget of £4m for 2020/21 in accordance with paragraph 3.19 of the joint report, to include the purchase of 1-4 bedroom properties to help meet priority housing needs arising from homelessness and clients supported by Adult Social Care.
(8) That rents charged on General Fund properties be increased in line with the Government’s Direction on the Rent Standard 2019 also applied to Housing Revenue Account rents. This allows for rent increases of up to the CPI for the September of the preceding financial year, plus 1%. Increases for 2020/21 will therefore be capped at 2.7%. Service charges for General Fund properties, as shown in Appendix 7.
(9) That the charges for Private Sector Leased (PSL) accommodation for those accepted as homeless once published by the Government and as set out in Appendix 7 be approved.
(10) That any underspend or overspend on the 2019/20 Housing Revenue Account be managed through the general revenue reserves.”

            The resolution was put to the vote and declared carried.

To approve the Council’s Pay Policy Statement 2020/21.

The attached report on the Council’s Pay Policy Statement 2020/21 was considered by the Cabinet on 5^th February 2020.

Cabinet Minute 68 relating to this report is attached. (Page 173)

The Council considered (a) a joint report of the Cabinet Member for Corporate Services and Operational Excellence and the Director of Human Resources and Organisational Development, on the requirement, under Section 38 of the Localism Act 2011, for the Council to agree and publish a Pay Policy Statement by 1^st April each year, and setting out the Council’s proposed Pay Policy Statement for consideration, (b) Minute 68 of the Cabinet (Pay Policy Statement), and (c) the Council’s draft Pay Policy Statement.

Councillor Keith Williams moved and Councillor Russell Holland seconded:

“That the Council’s Pay Policy Statement for 2020/21, as set out in Appendix 1 of the joint report be approved and adopted.”

The resolution was put to the vote and declared carried.

To approve an update to the Council’s Constitution Scheme of Delegations.

The Council considered a report of the Council’s Chief Legal Officer seeking approval for the restoration of delegated authorities omitted from the Council’s Constitution in May 2019 but approved in previous years.

            Councillor Keith Williams moved and Councillor Russell Holland seconded:

“That the Chief Legal Officer be authorised to amend Part 8 of the Council’s Constitution to amend the delegated authorities to the Head of Planning, Regulatory Services and Heritage as set out in paragraph 3.2 of the report.”

            The resolution was put to the vote and declared carried.

Councillor Paul Dixon will move:

“This Council resolves:

(1)  To instruct the chief executive bring a report to Cabinet setting out a detailed strategy to alleviate fuel poverty in Swindon by 2030. This will be achieved by:

a.    improving energy efficiency of Council / housing association housing stock

b.    better enforcement of existing regulations on energy efficiency and property standards

c.    publishing a statement of intent to access Energy Company Obligation funding via LA Flex

d.    improving tenants’ rights

e.    providing information advice and guidance to those most in need

(2)  To become a Member of the End Fuel Poverty Coalition.”

With the agreement of the Council, and with the agreement of the mover and seconder of the Motion, the Motion was amended to read:

Councillor Paul Dixon moved and Councillor Bazil Soloman seconded:

This Council Recognises:

·         The significant impact that fuel poverty can have on low income households.

·         That Swindon has the 5^th lowest rate of fuel poverty in the South West.

·         That Swindon Borough Council currently has the joint 2nd lowest level of fuel poverty when compared to our 10 statistical neighbouring Local Authorities.

“This Council Further notes that:

·         A Statement of Intent for the Energy Company Obligation Local Authority Flexible Eligibility scheme is in place for Swindon residents, enabling them to access this route into the funding.  This has been in place since the inception of this funding route, and will continue to be reviewed periodically to ensure the eligibility criteria is appropriate to reach those most in need.

·         Information and support is currently provided through the Warm and Safe Wiltshire advice service, funded by Swindon Borough Council’s Public Health Department.  This service is being recommissioned for two further years to the end of March 2022.  The service works with many partners to ensure the support reaches those that most need it

·         Extensive work has been done by the Council’s housing department to promote better energy efficiency including considerable work carried out on the council housing stock such as the majority of properties double glazed, cavity wall insulation applied where possible, loft insulation topped up on all housing. The External Wall insulation programme continues with recent work completed in Pinehurst and Stratton.

·         The Council has no control over the housing association sector unless the properties are unfit. Housing Association stock profile is much younger than the council, in the main developed from 1970’s onwards.

This Council requests that:

·      The Cabinet Members for Adults and Health, and Housing and Public Safety produce a report for Cabinet to set out the work that has been done in respect of fuel poverty and to make further recommendations in respect of ending fuel poverty by 2030.”

The amended Motion was put to the vote and declared carried becoming the Substantive Motion.

            The Substantive Motion was put to the vote and declared carried.

Councillor Bob Wright will move:

“There is no area in Swindon which does not have damaged Kerbs or Verges caused by either vehicles mounting the kerb or parking on a verge. Persistent parking on grass verges not only reduces the verges to an unsightly state it can also obstruct the highway, prevent pedestrians and wheelchair users from accessing roads/footways (if there is no other pathway). Drivers parking on a grass verge can prevent grass cutting from taking place both underneath the vehicle and around it. Verge parking can also be a hazard to other motorists especially if the vehicle is parked on a bend, narrow road or junction.  

In 2010 the Leader of the Council responded to a resident’s question on damaged verges by stating he would apply recommended solutions across all affected areas. Good intentions however the reality is things have got worse. In 2010 it was not envisaged how the impact of e-commerce and home deliveries would affect our infrastructure and amenity. No doubt home deliveries have some benefits however it is based on an infrastructure not designed for this type of commercial activity.

In common law, drivers have the right to pass and re-pass along the road. There is no legal right to park on a road, verge or footway.

Where no parking controls (such as yellow line waiting restrictions) are present on the road next to the verge, parking on a grass verge is not illegal. However, a driver may be open to prosecution if their vehicle is persistently damaging a verge, parked dangerously or causing an obstruction.

Waiting restrictions apply to the entire width of the public highway from the centre of the road to the boundary on the same side of the road. Therefore, parking on a verge adjacent to a carriageway where a waiting restriction applies could result in a driver being issued parking ticket even though their vehicle is not encroaching onto any waiting restriction road markings.

Goods vehicles weighing 7.5 tonnes or over are prohibited from parking on grass verges, and Civil Enforcement Officers can issue Penalty Charge Notices (PCNs) to offending vehicles.

We could let a worsening situation continue by using our resident taxes to pay for the repairs or we can recover the repair costs to improve our kerbs and verges.

This motion requests:

That this council investigates what powers are available to recover the costs for the damage done to kerbs and verges

That a report is produced for Council to consider:

·         How to apply considered enforcement to prevent kerb mounting and verge parking.

·         Ways of recovering costs of repair.

·         Prevent vehicles and items being placed on grass vergers.

·         Substituting grass for alternative hard-standing or re-seed.

·         Increase signage to alert potential offending drivers.

·         Use verges for environmental improvement once protected.”

Councillor Bob Wright moved and Junab Ali seconded:

“There is no area in Swindon which does not have damaged Kerbs or Verges caused by either vehicles mounting the kerb or parking on a verge. Persistent parking on grass verges not only reduces the verges to an unsightly state it can also obstruct the highway, prevent pedestrians and wheelchair users from accessing roads/footways (if there is no other pathway). Drivers parking on a grass verge can prevent grass cutting from taking place both underneath the vehicle and around it. Verge parking can also be a hazard to other motorists especially if the vehicle is parked on a bend, narrow road or junction.  

In 2010 the Leader of the Council responded to a resident’s question on damaged verges by stating he would apply recommended solutions across all affected areas. Good intentions however the reality is things have got worse. In 2010 it was not envisaged how the impact of e-commerce and home deliveries would affect our infrastructure and amenity. No doubt home deliveries have some benefits however it is based on an infrastructure not designed for this type of commercial activity.

In common law, drivers have the right to pass and re-pass along the road. There is no legal right to park on a road, verge or footway.

Where no parking controls (such as yellow line waiting restrictions) are present on the road next to the verge, parking on a grass verge is not illegal. However, a driver may be open to prosecution if their vehicle is persistently damaging a verge, parked dangerously or causing an obstruction.

Waiting restrictions apply to the entire width of the public highway from the centre of the road to the boundary on the same side of the road. Therefore, parking on a verge adjacent to a carriageway where a waiting restriction applies could result in a driver being issued parking ticket even though their vehicle is not encroaching onto any waiting restriction road markings.

Goods vehicles weighing 7.5 tonnes or over are prohibited from parking on grass verges, and Civil Enforcement Officers can issue Penalty Charge Notices (PCNs) to offending vehicles.

We could let a worsening situation continue by using our resident taxes to pay for the repairs or we can recover the repair costs to improve our kerbs and verges.

This Motion requests:

That this council investigates what powers are available to recover the costs for the damage done to kerbs and verges

That a report is produced for Council to consider:

·         How to apply considered enforcement to prevent kerb mounting and verge parking.

·         Ways of recovering costs of repair.

·         Prevent vehicles and items being placed on grass vergers.

·         Substituting grass for alternative hard-standing or re-seed

·         Increase signage to alert potential offending drivers.

·         Use verges for environmental improvement once protected.

Notes that:

·         This Council continues to receive complaints from local residents about inappropriate parking on verges and pavements, and is frustrated at the continued inability to enforce because of the law. 

·         Illegally parked vehicles cost  ...  view the full minutes text for item 86.

            The Chief Legal Officer reported that no Councillors’ Questions (Standing Order 15) had been received.