Agenda and minutes

The Chair reminded members of the need to declare known interests in any matters to be considered at the meeting.

Councillor Toby Elliott made a personal, non-prejudicial declaration of interest in relation to agenda item 10 (Swindon Town Centre Property Acquisition and Disposal) in his capacity as an employee of the company referred to in the report.

Councillor Dale Heenan made a personal, non-prejudicial declaration of interest in relation to agenda item 7 (Community Governance Review) in his capacity as chair of Nythe Parish Council.

Councillor Mary Martin a personal, non-prejudicial declaration of interest in relation to agenda 8 (Free Schools Bid Update) in her capacity as chair of the Great Western Academy.

Councillor Garry Perkins declared a personal and prejudicial interest in relation to agenda item 9 (Chapel Farm and other Swindon Solar Schemes) as a property owner in the area that might be affected by the proposals.

Councillor David Renard, the Leader of the Council, advised the meeting that Stuart McKellar, the Council’s Corporate Director, Resources, was leaving the Council to take up a new post with a different Authority. On behalf of the Cabinet, and all members of the Council, Councillor Renard thanked Stuart for his years of service and wished him every success in the future.

To receive the minutes of the meeting held on 7^th September 2016.

Resolved – That the minutes of the meeting held on 7^th September 2016 be confirmed and signed as a correct record.

Certain items are expected to include the consideration of exempt information and the Standards Committee is, therefore, recommended to resolve "That, in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded during the discussion of the matters referred to in the items listed below, on the grounds that they involve the likely disclosure of exempt information, as defined in the respective paragraph of Part 1 of Schedule 12A of the Act, and the public interest in maintaining the exemption outweighs the public interest in disclosing the information".

Resolved – That, in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded during the discussion of the matters referred to in the item listed below, on the grounds that it involves the likely disclosure of exempt information, as defined in the respective paragraph of Part 1 of Schedule 12A of the Act, and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

            Item No.          Paragraph No.          Minute No.

               10                             3                            61

Mr Edward Glennie of Swindon Climate Action Network asked questions about the solar sound barrier proposals.   Councillor Dale Heenan, Cabinet Member for Sustainability, Highways and Transport, responded to the questions at the meeting.

Ms Geraldine Fernandez asked questions about business contributions to cleaning Swindon Town Centre and Old Town. Councillor Mary Martin, Cabinet Member for Communities, responded to the questions at the meeting.

Mr Colin Doubleday asked questions about the Council Tax yield and Cabinet Members’ views about creating parishes. Councillors David Renard, Chair of Cabinet, Mary Martin, Cabinet Member for Communities, and Brian Ford, Cabinet Member for Adults’ Health and Social Care, responded to the questions at the meeting.

Ms Alison Bolton, Wichelstowe Residents’ Association, asked questions about how the Community Governance Review proposals would reflect Wichelstowe’s community interests. Councillor David Renard, Chair of Cabinet, and Councillor Mary Martin, Cabinet Member for Communities, responded to the questions at the meeting.

Mr Tony Robson, a local resident, asked questions about how the Community Governance Review reflected government guidance. Councillor Mary Martin, Cabinet Member for Communities responded to the questions at the meeting.

Mr Roy Worman, Haydon View Community Association, asked questions about the transfer of services to parishes. Councillor Mary Martin, Cabinet Member for Communities, responded to the questions at the meeting.

Mr Mike Bawden, a local resident, asked a question about the democratic benefits of parishes.  Councillor David Renard, Chair of Cabinet, responded to the question at the meeting.

Ms Kareen Boyd asked questions about the outcome of the community governance review and whether parishes might be subsequently absorbed into Wiltshire Council. Councillor David Renard, Chair of Cabinet, responded to the question at the meeting.

Councillor Russell Holland, the Cabinet Member for Finance and Corporate Services, and the Corporate Director, Resources, submitted a joint report setting out a strategic context and framing for the direction of travel of the organisation to deliver the Vision for Swindon over the next four years, within the expected financial context.  The report provided an update on the 2016-17 latest Budget Management position and provided an introduction to the draft budget proposals for 2017-18, which had been considered and developed within this overall context.

Following his introduction of the report, Councillor Holland, with Councillors Oliver Donachie, Cabinet Member for Housing and Homelessness, Brian Ford, Cabinet Member for Adults’ Health and Social Care, Dale Heenan, Cabinet Member for Sustainability, Highways, and Transport, Garry Perkins, Cabinet Member for the Economy, Regeneration, and Skills, and Keith Williams, Cabinet Member for Streetsmart, responded to questions put by Councillors Cathy Martyn, Stan Pajak, Maureen Penny, Chris Watts and Bob Wright, on the following issues:

·        Toilets and parking charges at Barbury Castle.

·        Future funding for Public Power Solutions (PPS)

·        The cost of changes to the bus station and prosecution of fly-tippers in the town centre.

·        The implications of the financial constraints on statutory services

Resolved – (1) That the medium term context of the Council be noted and it be agreed that the contents of this report be used to engage and consult with residents, stakeholders and service users on the organisational strategic response.

(2) That the in-year forecast out-turn position for 2016-17 and responding action plan to manage the projected year-end overspend be noted.

(3) That the 2016-17 budget virements, set out in appendix 3 to the report, be agreed.

(4) That the feedback from the Public Power Solutions (PPS) Board, around progress in mitigating the cost pressure arising on the Waste Solutions Plant, be noted and that it be agreed that repayment of the Company’s existing working capital loan facility be deferred, subject to a further review of its financial position in 12 months’ time.

(5) That, in relation to the 2017-18 Draft Budget proposals, the key assumptions underpinning the draft budget proposals be endorsed and specifically that:-

a)   While the Council has accepted the Government’s offer of a 4 year financial settlement, there remains uncertainty around public finances in general and this will be the case at least until the Autumn Statement is announced in late November and the provisional Local Government Finance Settlement for 2017-18 is published in December;

b)   The funding assumptions within the report assume that Council Tax will be increased by 3.99% in 2017-18 representing a 1.99% rise for general services plus a 2% uplift specifically to contribute towards the increasing demand for adult social care services;

c)    There is currently a gap between the assumed funding levels for 2017-18 and the current proposed cost of services as set out in Table Three in the report, and that work will continue to identify further options to close this gap for consideration by Members in December 2016 and February 2017;  ...  view the full minutes text for item 57.

Councillors David Renard, the Leader of the Council, Russell Holland, Deputy Leader of the Council and Cabinet Member for Finance and Corporate Services, Keith Williams, Cabinet Member for Streetsmart, Mary Martin, Cabinet Member for Communities, and the Chief Executive, Corporate Director Resources, and Director of Law and Democratic Services, submitted a joint report the outcomes of Stage 3 of the Community Governance Review (CGR) and inviting Cabinet to consider the summarised feedback from the Stage 3  consultation, including submissions made by Blunsdon St Andrew Parish Council and Haydon Wick Parish Council (set out in an update to the Cabinet report), and recommend a final proposal to Council.

Councillor Mary Martin, the Cabinet Member for Communities, introduced the report, initially taking members through the various recommendations and then expanding on the detail of the report by responding to members’ questions and observations on (i) specific aspects of the Council’s proposed  response to the formal consultation undertaken by the Council on proposals to entirely parish the Borough through the creation of four new parish councils, extending the Nythe Parish Council area and the amendment of some other existing parish council boundaries, and (ii) the recommendations proposed to be made to Council, as set out in Appendix 5 to the report, as amended in the supplementary papers published before the meeting and tabled at the meeting, and including submissions made by Blunsdon St Andrew Parish Council and Haydon Wick Parish Council.

Councillor Martin, with Councillors David Renard, the Leader of the Council and Chair of Cabinet, Toby Elliott, Cabinet Member for Strategic Planning, Brian Ford Cabinet Member Adults’ Health and Social Care and Dale Heenan, Cabinet Member for Sustainability, Highways, and Transport, responded at the meeting to questions put by Councillors John Ballman,  Gemma McCracken, Cathy Martyn, Jane Milner-Barry, Des Moffatt, Stan Pajak, Maureen Penny, Jim Robbins, Vera Tomlinson, Chris Watts, Peter Watts, Steve Weisinger and Bob Wright on the following issues:

·        The position on conducting a Referendum to assess Swindon residents’ opinion on the parishing of the entire borough area.

·        The ratios for the appointment of councillors to each Parish and the principles that supported those calculations.

·        The validation and transparency of the Review process and opportunity to make changes to the recommendations to be made to Council.

·        The shortfall in funding made available to the Council from Central Government and the motivation for the Review.

·        The suggestion that public engagement with the Review has been limited and that the recommendations have been influenced by only a minority of residents.

·        The ratio of the electorate to the number of parish councils proposed to be created and the effect on those ratios of residents who are not on the electoral register.

·        The extent of consultation with existing parished areas and the role of Shadow Parish Councils.

·        The inclusion of polling district SAD in the new St Andrew Parish.

·        The viability of the recommended parishes.

·        Practicalities associated with the current positioning of the Haydon Wick Parish and Blunsdon St Andrew boundary through  ...  view the full minutes text for item 58.

Councillor Fionuala Foley, the Cabinet Member for Children’s Services, and the Head of Education Services submitted a report providing an update on the applications for new free schools that were submitted by 28th September 2016, in accordance with the Department for Education’s “waves” application process.

Councillor Foley advised that the application submitted by Lydiard Park Academy in respect of Abbey Farm Primary School had been withdrawn.

Resolved – (1) That the applications submitted in wave 12, for education provision opening from September 2018 and later, be noted.

(2) That the Head of Education Services be authorised to support the applications from Great Western Academy (Tadpole Farm), The White Horse Federation (SMEH School), Educate Together (Abbey Farm and Badbury Park), Blue Kite Academy (Badbury Park) and The River Learning Trust (NEV campus).

(3) That the principles that a new free school is supported through the allocation of Section 106 receipts when relevant to the location of new housing, type of school required and in compliance with the terms of the legal agreements, be agreed.

The reasons for the decision and alternative options are as set out in the report to the meeting.

Councillor Dale Heenan, the Cabinet Member for Sustainability and Transport, the Chief Executive and the Head of Economy, Skills and Property, submitted a joint report on the method by which the Council would build on the success of the Common Farm Solar Scheme to progress the Chapel Farm Solar Scheme through ownership of a Special Purpose Vehicle (SPV) and enable community investment incorporating a new ISA structure. It was noted that the proposal would create the UK’s first ISA-eligible investment offer through a Council owned company.

The report also provided an update on solar schemes proposed on the Barnfield and Mannington sites, also the proposed solar car ports, and the means by which Public Power Solutions Ltd (PPS) should progress this use of the Council land.

Resolved – (1) That the Director of Law and Democratic Services be authorised to take the necessary steps to secure ownership of the Special Purpose Vehicle (SPV) currently owned by PPS so as to enable the Council to become sole shareholder of the SPV.

(2) That the Director of Law and Democratic Services be authorised to approve the formation of a Members’ Shareholder Panel to ensure democratic accountability for this and subsequent low carbon SPVs, and the appointment of three Directors to the SPVs who shall be SBC officers.

(3) That the Director of Law and Democratic Services, with the Head of Property Assets, be authorised to grant a lease to PPS to progress the solar schemes at Chapel Farm, Mannington and Barnfield sites. 

(4) That the Corporate Director, Resources, be authorised to facilitate, on behalf of the Council as sole shareholder of the SPV, all necessary steps to enable Abundance Investment Ltd to undertake and complete the community investment offer as detailed in this report.

(5) That it be noted that, in the event that the community investment offer is unsuccessful, the Council, in its capacity as sole shareholder of the SPV, would need to make a decision as to how the required investment should be raised.

(6) That the Corporate Director, Resources, in consultation with the Cabinet Member for Finance and Corporate Services, be authorised to invest £3m in the SPV.

(7) That the Corporate Director, Resources, be authorised to allocate annual surplus income from Business Rates, rent and financing costs at Chapel Farm solar farm to support ring fenced funding towards the borrowing costs related to the provision of a noise barrier to the West of the A419 as detailed at paragraphs 3.13 to 3.23.

(8) That it be noted that successful delivery of Chapel Solar Farm will mean the Council has achieved 83.5% of its 2020 target to generate the equivalent low carbon renewable electricity to power every home in Swindon by March 2017, and that the recommendations contained in this report at Barnfield, Mannington and Solar carports add an additional 2%.

(9) That the Interim Director, Economy, Regeneration and Skills, in consultation with the Cabinet Member for Transport and Sustainability, present a report to Cabinet within 12 months on  ...  view the full minutes text for item 60.

Councillor Garry Perkins, the Cabinet Member for Economy, Regeneration and Skills, and the Interim Head of Economy, Regeneration and Skills, submitted a joint report providing an update on further progress made in relation to the redevelopment of the site identified in the report and seeking authorisation to agree the terms of an asset swap and purchase with the company referred to in the report, for the assets owned by the Council, as identified in the plan attached as Appendix 1to the report, on the basis that the Council acquires from the company the assets in the plan attached as Appendix 2 to the report.

Councillors Garry Perkins, Cabinet Member for the Economy, Regeneration, and Skills and Toby Elliott, responded to questions put by Councillor Bob Wright about the value of the transfer and the possible effects on the Town Centre Masterplan.

Resolved – That the Director of Law and Democratic Services, in consultation with the Corporate Director Resources and Head of Property Assets, be authorised to dispose of the Council owned assets, identified in the plan attached as Appendix 1 to the report, to the company identified in the report, as detailed in the main body of the report, and, in return, to purchase the asset, identified on the plan attached as Appendix 2 to the report, for the amount identified in the report, to be funded from Council borrowing, and to acquire the other assets owned by the company, as also identified in Appendix 2, on such detailed terms and conditions as he considers necessary to protect the Councils interests.

The reasons for the decision and alternative options are as set out in the report to the meeting.