Agenda and minutes

            Apologies for absence were received from Councillors Roderick Bluh,

Mark Edwards, Brian Ford, Peter Greenhalgh, Stan Pajak, Anthony Peake, Barrie Thompson and Steve Wakefield.

To receive the minutes of the previous meeting held on 22^nd November 2007.

            Resolved – That the minutes of the meeting held on 22^nd November, 2007, be confirmed and signed.

See explanatory note below.

            Mr. Brian Cockbill submitted written questions (tabled at the meeting) regarding Section 106 Agreements, the Local Authority World Heritage Forum and the South West Regional Assembly.  A written response was tabled at the meeting.

            Mr. Brian Cockbill asked for further clarification on the response to his third question and, in particular, whether there was adequate consultations undertaken with bodies other than the Borough Council, who may receive Section 106 contributions, to ensure that any contribution levels agreed are adequate?

            Councillor Philip Young, Cabinet Member Economic Development, Regeneration and Development, indicated that a written response would be provided to this supplementary question.

            Mr. Brian Cockbill asked what reports have the Council received from Local Authority World Heritage Forum on the progress of the bid to support the Paddington to Bristol corridor to being classified as a World Heritage Site?

            Councillor Philip Young, Cabinet Member Economic Development, Regeneration and Development, indicated that a written response would be provided to this supplementary question.

            Mr. Kevin Leaky tabled a series of questions, previously tabled to Council on 22^nd November 2007, concerning Wheelie bin collections in the Broadgreen area.

            Councillor David Wren, Cabinet Member for Local Environment, reported that a written response had been forwarded to Mr. Leaky and was tabled at the meeting.  He apologised for the delay in responding, which was the result of an administrative error.

            Ms. Cher Sawyer (Threshold Housing Link) welcomed the motion on Homelessness and asked if the Council was committed to working with the Voluntary Sector when tackling Homelessness?

            Councillor David Renard, Cabinet Member for Health, Housing and Social Care, noted the Council’s current working arrangements with its partners.  He confirmed that the Council was always trying to find more funding for this area, and offered to meet with Ms. Sawyer to discuss the issue further.

To receive any communications or letters which the Mayor or Chief Executive may have to bring before the Council.

The Chief Executive reported that no communications had been received.

(i) A new Community Strategy for Swindon – Minute 102(1) of the Cabinet; and

(ii) Proposed Designated Public Place Scheme – Minute 33(1) of the Licensing Committee.

(See Cabinet report (Agenda Item 13), Regulatory Committee report (Agenda Item 17) and related reports in the yellow background papers.))

(1) Councillor Fionuala Foleymoved and Councillor Nick Martin seconded that Minute 102(1) of the Cabinet (A New Community Strategy for Swindon) Cabinet be confirmed and adopted.

(2) Councillor Brian Mattock moved and Councillor Andrew Bennettseconded that that Minute 33(1) of the Licensing Committee (Proposed Designated Public Place Scheme) be confirmed and adopted.

The Motion was put to the vote and declared carried.

(Councillors Michael Barnes and David Wren made Personal and Non- Prejudicial Declarations of Interest under the Council’s Code of Conduct, in respect of (1) above, as Non-Executive Directors of the Swindon Primary Care Trust.)

Questions (if any) of which notice has been given by Councillors in accordance with Standing Order 15.

            The Director of Law and Democratic Services reported that Standing Order 15 Questions had been received from Councillor David Glaholm. This question, and the answer submitted by the appropriate Cabinet Member, is attached as an appendix to these minutes.

            The following supplementary questions were asked:

            Councillor David Glaholm asked what percentage of the outstanding monies owed by Swindon Town Football Club, to the Council did it expect to receive?

            Councillor Philip Young responded that the administrator under the terms of the Company Voluntary Arrangement, would determine the amount of money the Council received.

            Councillor David Glaholm welcomed the discussions to take place with the Minister of State and asked if these discussions would also involve Swindon’s Members of Parliament?

            The Deputy Leader confirmed that the discussions would include the local Members of Parliament.

(Councillor Doreen Dart made a Personal and Non- Prejudicial Declaration of Interest under the Council’s Code of Conduct, in respect of this item, as she is a season ticket holder for Swindon Town Football Club.)

On 27^th September 2007, Council referred the following Motion, moved by Councillor Fay Howard and seconded by Councillor Des Moffatt, to Cabinet for consideration (Minute 49 refers).

“Swindon Borough Council welcomes the national changes to the free bus pass for people aged over 60 years on weekdays and at weekends.

This Council also agrees to continue to use its discretionary powers in relation to concessionary travel on local transport, in order to ensure that people under the age of 60 years with disabilities and carers travelling with disabled people from April 2008, are able to access free travel on weekdays and at weekends in order to match the new free travel times.

This will ensure that these new benefits, offered to people whose ability to travel is dependent on having a carer with them, are not compromised.”

A copy of the Cabinet Report and Cabinet Minute 95 are attached for Members’ information.

            Councillor Fionuala Foley moved and Councillor Nick Martin seconded:

“That the decision in Minute 49 of the Cabinet be noted.”

The Motion was put to the vote and declared carried. 

(Councillors Ian Dobie and Dale Heenan made Personal and Non-Prejudicial Declarations of Interest under the Council’s Code of Conduct, as Non-Executive Directors of Thamesdown Transport Limited.)

Councillor Russell Holland will move and Councillor Mavis Childs will second:

This Council affirms its long standing commitment to assist the most vulnerable people of Swindon and notes with disappointment that Swindon Borough Council has been allocated only £58,000 per annum for the next three years to help prevent homelessness.  This Council notes that comparable authorities such as Oxford City Council and Bristol, have received more than ten times this amount.  This Council requests that the Cabinet Member for Housing write to the Housing Minister to request that Swindon's funding is urgently reviewed.

Councillor Russell Holland moved and Councillor Mavis Childs seconded:

This Council affirms its long standing commitment to assist the most vulnerable people of Swindon and notes with disappointment that Swindon Borough Council has been allocated only £58,000 per annum for the next three years to help prevent homelessness.  This Council notes that comparable authorities such as Oxford City Council and Bristol, have received more than ten times this amount.  This Council requests that the Cabinet Member for Housing write to the Housing Minister to request that Swindon's funding is urgently reviewed.

Councillor Steve Allsopp moved and Councillor Des Moffatt seconded that the Motion be amended to read:

This Council recognises the need to assist the most vulnerable people of Swindon and notes its three year allocation of funding from Central Government to help prevent homelessness within the Borough.  However, with additional funding more can be done to assist those less fortunate than ourselves and the Council instructs the Cabinet Members for Housing and Resources to look at various ways of raising the amount of money being spent on this important issue.

The amendment was put to the vote and declared lost.

The Motion was put to the vote and declared carried.

Councillor Dale Heenan will move and Councillor Philip Young will second:

This Council notes that the Planning Committee is advised by professional Officers, and all decisions are determined on the merits of each application and are judicially reviewable.

This Council requests that the Government abolishes the power of a single unelected and locally unaccountable Planning Inspector to overturn the planning decisions made by a Committee of democratically elected Councillors who are accountable to the residents of Swindon.

This Council requests that the Cabinet Member for Highways, Transport and Strategic Planning writes to the Local Government Minister responsible asking for the powers of the Planning Inspectorate to be reviewed as part of the implementation of both the Centre-Local Concordat and the EU Charter of self-government.

Councillor Dale Heenan moved and Councillor Philip Young seconded:

This Council notes that the Planning Committee is advised by professional Officers, and all decisions are determined on the merits of each application and are judicially reviewable.

This Council requests that the Government abolishes the power of a single unelected and locally unaccountable Planning Inspector to overturn the planning decisions made by a Committee of democratically elected Councillors who are accountable to the residents of Swindon.

This Council requests that the Cabinet Member for Highways, Transport and Strategic Planning writes to the Local Government Minister responsible asking for the powers of the Planning Inspectorate to be reviewed as part of the implementation of both the Centre-Local Concordat and the EU Charter of Self-Government.

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

This Council notes that the Planning Committee is advised by professional Officers, and all decisions are determined on the merits of each application and are judicially reviewable.

This Council requests that the Government abolishes the power of a single unelected and locally unaccountable Planning Inspector to overturn the planning decisions made by a Committee of democratically elected Councillors who are accountable to the residents of Swindon.

This Council notes the implementation of both the Central-Local Concordat and the European Union Charter of Self Government and requests as part of this the Cabinet Member for Highways, Transport and Strategic Planning work with the Local Members of Parliament to seek a review of the powers of the Planning Inspectorate.

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

Councillor Nick Martin will move and Councillor Peter Greenhalgh will second:

This Council supports the concept of a local, directly elected chief constable or commissioner of police.  This Council ask the Leader of the Council to write to

a) the Home Secretary to offer Swindon as a location for a pilot scheme.

b) the chair of the Wiltshire Police Authority to see if the Authority would support the application for a pilot scheme.

 Councillor Nick Martin movedand Councillor Philip Young seconded that, with the consent of the Council, this Motion be withdrawn under Standing Order 6(11).

The Motion was put to the vote and declared carried.

Councillor Peter Greenhalgh will move and Councillor Colin Lovell will second:

This Council notes that many social problems from unemployment to teenage pregnancies can be reduced and social mobility and cohesion increased if people have higher levels of attainment through education.  This Council also notes that success in school is dependent on the early, thorough grasp of the fundamentals of reading, writing and arithmetic.  It is with concern that this council notes that the successful teaching of these core skills has been undermined by a decade of innovation, experimentation and change for the sake of change

Therefore, this council calls on the Cabinet Member for Children along with the Cabinet Member for Resources to:

1)      Investigate creating an Educational Excellence fund that will be used to provide additional support to schools that use proven, traditional teaching methods and to report back to Cabinet by June 2008.

2)      Include in that report how such a fund could provide training and support to all head teachers, governors and above all teachers who maintain a firm and fair disciplinary system which is then challenged by disruptive pupils.

3)      Make representations via the LAA Board to negotiate with partner public and private sector organisations so that the excellence fund could be self-financing.

Councillor Fionuala Foley (on behalf of Councillor Peter Greenhalgh) moved and Councillor Colin Lovell seconded:

“This Council notes that many social problems from unemployment to teenage pregnancies can be reduced and social mobility and cohesion increased if people have higher levels of attainment through education.  This Council also notes that success in school is dependent on the early, thorough grasp of the fundamentals of reading, writing and arithmetic.  It is with concern that this Council notes that the successful teaching of these core skills has been undermined by a decade of innovation, experimentation and change for the sake of change.

Therefore, this Council calls on the Cabinet Member for Children’s Services, along with the Cabinet Member for Resources to:

1)      Investigate creating an Educational Excellence Fund that will be used to provide additional support to schools that use proven, traditional teaching methods and to report back to Cabinet by June 2008.

2)   Include in that report how such a fund could provide training and support to all head teachers, governors and above all teachers who maintain a firm and fair disciplinary system which is then challenged by disruptive pupils.

3)   Make representations via the LAA Board to negotiate with partner public and private sector organisations so that the excellence fund could be self-financing.

Councillor Garry Perkins moved and Justin Tomlinson seconded the Motion be deferred to the Cabinet under Standing Order 6(7)(a).

The amendment was put to the vote and declared carried.

(Councillors John Ballman and Ray Ballman made Personal and Non-Prejudicial Declarations of Interest under the Council’s Code of Conduct, as one of their children was a teacher in Swindon.)

To receive a report on the meeting of the Special Committee held on 21^st December 2007.

            The Council considered (a) a report of the Director of Law and Democratic Services setting out a report of the meeting of the Special Committee held on 21^st December 2007, and (b) questions to the Deputy Leader of the Council and answers received.

(i) To receive a report on the meeting of the Cabinet held on 12^th December 2007.

(ii) Members have the opportunity to question Cabinet Members on decisions they have made under delegated powers (Annex A - Pages 41 to 48 and in the blue related decision notes background papers).

            The Council considered (a) a report of the Director of Law and Democratic Services setting out a report of the meeting of the Cabinet held on 12^th December 2007, (b) questions to the Cabinet Members regarding their Portfolio responsibilities, as set out within the report, and answers received, and (c) decisions taken by Cabinet Members relating to delegated decisions taken under their Portfolio Responsibilities.

To receive a report on the meeting of the Audit Committee held on 21^st November 2007.

            The Council considered (a) a report of the Director of Law and Democratic Services setting out a report of the meeting of the Audit Committee held on 27^th November 2007, and (b) questions to the Committee Chair regarding the work of the Committee and answers received.

To receive a report on issues considered at meetings of the Scrutiny Committee, the Health Scrutiny Committee and the Council’s Overview Committees.

            The Council considered (a) a report of the Director of Law and Democratic Services on the work of the Council’s Scrutiny and Overview Committees between 2^nd November and 14^th December 2007, and (b) questions to the Committee Chairs regarding the work of their Committee, as set out within the minutes, and answers received.

To receive a report on the meetings of the Planning Committee held on 13^th November and 11^th December 2007, and planning statistics for November and December 2007.

            The Council considered (a) a report of the Director of Law and Democratic Services setting out a report on the meetings of the Planning Committee held on 13^th November, and 11^th December 2007, and (b) questions to the Committee Chair regarding the work of the Committee and answers received.

To receive a report on issues considered by the Appeals Committee, Education Transport Appeals Sub-Committee, Appointments Committee, Chief Officer Appointments Sub-Committee, Deputy Chief Officer Appointments Sub-Committee, Licensing Committee, Licensing Panel, Ad-hoc Licensing Sub-Committee, Private Hire and Hackney Carriage Licensing Sub-Committee and Footpath and Rights of Way Committee.

            The Council considered (a) a report of the Director of Law and Democratic Services on the work of the Council’s Regulatory Committees held between 6^th November 2007 and 7^th January 2008, and (b) questions to the Committee Chairs regarding the work of their Committee, as set out within the minutes, and answers received.

To receive a report on issues considered by Children Services Bodies.

            The Council considered (a) a report of the Director of Law and Democratic Services on the work of the Council’s Children’s Services Bodies held between 1^st November and 31^st December 2007, and (b) questions to the Committee Chairs regarding the work of their Committee, as set out within the minutes, and answers received. 

There are no minutes of the Wiltshire Police Authority or the Wiltshire Fire Authority available.  The Council will receive any oral report from the Council’s representatives serving on those bodies.

            There were no minutes of the Wiltshire Police or Wiltshire Fire and Rescue Authorities to consider.

            Councillor Doreen Dart updated Members in respect of the appointment, from 1^st January 2008, of a new Chief Constable of Wiltshire Constabulary.

There were no minutes of the South West Regional Assembly to consider.

            There were no minutes of the South West Regional Assembly to consider.

            Councillor Mike Bawden updated Members on the work of the South West Regional Assembly.