Agenda and minutes

The Chair advised that this was the last Cabinet meeting of the Municipal Year and that he would wish to express his appreciation to Cabinet colleagues and the officer team for their support and commitment over a challenging year for the Council. He offered Cabinet colleagues and all Councillors his best wishes for the forthcoming “all-out” local government elections.

            The Chair explained that Councillor Peter Greenhalgh, Cabinet Member for Council Transformation, Sustainability, Strategic Planning and Transport, had indicated that he would not be seeking re-election at the local government election on 3^rd May 2012. 

            Resolved – That the Cabinet express its appreciation for the hard work and commitment shown by Councillor Peter Greenhalgh, Cabinet Member for Council Transformation, Sustainability, Strategic Planning and Transport, over the years in which he has served as a Cabinet Member and as a Councillor, and it offer him its best wishes for the future.

The Chair reported that this was the last meeting of the Cabinet to be attended by Ms Celia Carrington, Deputy Chief Executive and Group Director, Environment Regeneration and Community, who was to leave the Council on 20th April 2012.

Resolved – That the Cabinet, on behalf of the Council, express its appreciation to Ms Celia Carrington, Deputy Chief Executive and Group Director, Environment Regeneration and Community, for her hard work, commitment and dedication to the delivery of high quality services to the Swindon public over many years, and it offer her its best wishes for the future.

            The Chair advised that he intended to take an additional urgent item under Section 100B(4)(b) of the Local Government Act 1972, concerning the “Sale of Site at Gorse Hill Swindon”  The reason for the urgency was because a decision on the matter was required prior to the next scheduled meeting of the Cabinet for the reasons set out in the joint report. (Minute 114 refers.)

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

Councillor Garry Perkins, Deputy Leader of the Council and Cabinet Member for Regeneration and Culture, made a personal declaration of interest in respect of item 13 (Award of Highways, Transport and Landscape Schemes to Swindon Commercial Services Ltd.), as he was a Council appointed Non-Executive Director on the Board of Swindon Commercial Services (SCS) Ltd.

Councillor David Renard made a personal and prejudicial declaration of interest in respect of item 8 (School Admission Arrangements and Home to School Transport Policy (Part) - Proposals for Expansion of Haydonleigh School) as he was a Governor of Haydonleigh School and his wife was employed by the school.

To receive the minutes of the meeting held on 15^th February 2012.

Resolved – That the minutes of the meeting held on 15^th February 2012 be confirmed and signed as a correct record.

The following questions were asked in accordance with Standing Order 28 –

Questioner

Mr. Paul Gregory, Chair of Governors, Churchfields Academy.

Question

The Head Teacher of Churchfields Academy has recently received a letter from the Council’s Director of Children’s Services that advises that as a result in changes to the schools funding formula, Churchfields Academy, which serves some of Swindon’s most deprived communities, will lose up to £281,000 in funding. It is believed that the majority of this money will be redistributed to another Swindon school. A loss of this magnitude will have significant implications for the future delivery of high standard education by the school and is likely to result in up to nine teachers being made redundant. Is the Cabinet and Council aware and comfortable with this decision of its Director of Children’s Services? Why was there no direct consultation with the School and its Governors on this issue? How many times did the Secondary Heads Association meet to discuss the proposal and did it need an emergency meeting four days prior to the Schools Forum meeting that took the decision?

Response

The Chair thanked Mr Gregory for his questions and asked the Cabinet Member for Children’s Services and the Group Director, Children to respond. The Cabinet Member for Children’s Services and the Group Director, Children responded at the meeting. Councillor David Renard, advised that he had prepared a statement on the schools funding issue and with the Chair’s approval would seek to include this as an appendix to the Cabinet Minutes. He would arrange for the Group Director, Children to provide a written response to those questions not covered by the published statement.

Questioner

Mrs. Carole Bent, Marlborough Lane, Swindon

Question

Mrs. Bent asked a series of questions regarding the Council’s proposal to establish a new primary school at Croft, Old Town Swindon, and the planning permission for that school, in particular on –

(a)  The local planning authority has powers under the Town and Country Planning Act 1990 to revoke a planning permission, in cases where information comes to light demonstrating that the Planning Committee was, whether intentionally or unintentionally, given misleading information that influenced its decision. According to Council officers (3^rd February 2012) it may not be expedient to use these powers where a planning permission has allegedly been obtained on the basis of misrepresentation. Can the Council please confirm what the criteria would be for it to enact its powers in relation to revoking the Croft School Application?

(b)  Can Councillor Peter Greenhalgh, Cabinet Member for Council Transformation, Sustainability, Strategic Planning and Transport, ascertain whether planning permission was determined by the Panning Committee, including full highways works, on the basis of a proposed 420 pupil school operating at full operational capacity?    

(c)  Was the proposed dedicated feeder access route to the school rejected primarily because of financial costs? 

(d)  What measures are being taken to prevent parents driving their children to a school on the Croft, if it goes ahead?

(e)   What monitoring  ...  view the full minutes text for item 103.

            The Cabinet Member for Council Transformation, Sustainability, Strategic Planning and Transport and the Group Director, Business Transformation submitted a joint report concerning a proposal for the Council to enter into a collaboration agreement for the provision of a new retail development at Dorcan House, Dorcan Way, Swindon, that would create up to 220 new jobs and replace the Eldene Shopping Centre.

            Councillor Peter Greenhalgh, Cabinet Member for Council Transformation, Sustainability, Strategic Planning and Transport, explained that an opportunity had arisen to work with partners including a leading supermarket to provide a new retail development at the former Dorcan House site at Dorcan Way, Swindon. The scheme would not only result in the creation of up to 220 new jobs, but would also provide the opportunity for the Council to replace the “time-expired” Eldene Shopping Centre.

            The Chair advised that, as a ward councillor for the area, he was fully supportive of the proposal, which would significantly improve the local environment, bring new jobs to Swindon and improve the local economy.

            Councillor David Wren commented that as a local resident, who had used various facilities at the Eldene Centre for many years, he welcomed the proposal which would bring a much needed improvement to the area. He enquired whether the improvement or replacement of the existing community centre could be included as part of this proposal or in future phases. The Chair advised that whilst there were no plans for the community centre as part of this proposal, he hoped that the enhancement of community facilities could be developed in any future phases.

            Councillor David Renard, Cabinet Member for Children’s Services reminded Cabinet colleagues of the Council’s success in developing and regenerating other local and district centres in Swindon, such as Cavendish Square. He also noted the existing Council plans for the future enhancement of other centres around the Borough.

            Resolved – (1) That the Director of Law and Democratic Services, in consultation with the Head of Property Assets, be authorised to enter into a collaboration agreement with the current site owner and proposed supermarket operator at Dorcan Way, Swindon, to facilitate the new retail development referred to in the joint report, subject to Planning consent being obtained.

            (2) That the Director of Law and Democratic Services, in consultation with the Head of Property Assets, be authorised to vary the restrictive covenant which the Council has the benefit of on Dorcan House, Dorcan Way, Swindon, to allow retail use of the site.

            (3) That the Director of Law and Democratic Services, in consultation with the Head of Property Assets, be authorised to transfer the strip of land at Dorcan Way, Swindon, shown hatched black on the plan at Appendix 1 to the joint report, to the developer.

            (4) That the Director of Law and Democratic Services be authorised to serve all necessary notices and complete all necessary documentation on such detailed terms and conditions as are determined by the Director of Law and Democratic Services in consultation with the Head  ...  view the full minutes text for item 104.

            The Cabinet Member for Finance and the Director of Finance submitted a joint report setting out the current forecast outturn position of the Council's Revenue Budget as at the end of January 2012.

            Councillor Mark Edwards, Cabinet Member for Finance, introduced the report and highlighted changes to the Corporate Contingency Fund since the last report submitted to the Cabinet. He noted that the projected position for the outturn of the Council’s Budget continued to indicate an underspend on the total Budget at year end. He commented on the reasons for this and how through careful stewardship this would leave the Council well placed as it moved forward into the 2012/13 Financial Year, where it would face further challenges and pressures for savings. He noted that this placed Swindon in a much stronger position than many other local authorities. He highlighted the work undertaken by Council staff to continue to deliver quality services in challenging financial conditions and with tight budgets. 

            Resolved – (1) That the current projected Revenue Budget Outturn, as set out in Table 1 of the joint report, be noted.

            (2) That the Revenue Budget virements, as set out in Appendix 2 to the joint report, be approved.

            (3) That it be noted that the Regeneration Reserve Statement has been updated to reflect the allocation of £40,000 in respect of the Windmill Hill site, as approved by the Cabinet on 15^th February 2012 (Minute 89 refers).

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

The Cabinet Member for Finance and the Director of Finance submitted a joint report providing an update on the delivery and funding of the Council’s Capital Programme.

Councillor Mark Edwards, Cabinet Member for Finance, commented on the funding of the Capital Programme and on the proposed amendments to scheme proposals for 2012/13. He highlighted the Superfast Broadband partnership project and its benefits for the Borough.

Councillor Brian Mattock, Cabinet Member for Health and Adult Social Care, welcomed the inclusion of the East Wichel Community Centre in the revised Capital Programme and he welcomed the efforts of the local community in moving this project forward.

            Resolved – (1) That the current projected Capital Programme 2011/12 out-turn position be noted.

            (2) That the changes to the Council’s Capital Programme, as detailed at paragraphs 2.10 and 2.11 to the joint report, be approved.

            (3) That the Group Director, Business Transformation be authorised to:

·         join the contract award group for Superfast Broadband as detailed at paragraph 2.11 of the joint report, and

·         act for Swindon Borough Council in awarding the contract as part of the consortium of Wiltshire Council, Swindon Borough Council and South Gloucester Council for Superfast Broadband across the three local authority areas under the BDUK Framework.

            (Councillor Peter Greenhalgh made a personal declaration of interest in respect of the above item, as was a local authority appointed Governor of Shaw Ridge School)

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

            The Cabinet Member for Children’s Services and the Group Director, Children submitted a joint report concerning (a) School Admission Arrangements from September 2013, (b) the new national School Admissions Code to apply from September 2013, (c) consultation on proposals for additional school places from September 2013, including a proposal to permanently expand Haydonleigh Primary School, and (d) a proposed Education Transport Policy for 2013/14.

            Councillor David Renard, Cabinet Member for Children’s Services commented on the proposed School Admission Arrangements from September 2013. He advised that these matters had also been considered by the Swindon Children’s Trust Board at its meeting on 15^th March 2012, and the recommendations of the Board had been tabled. (Minute 46 of the Swindon Children’s Trust Board refers.)

            Councillor Renard commented on the proposed Education Transport Policy for the 2013/14 Academic Year, and referred to the contents of a Motion at the Council meeting on 23^rd February 2012, that requested the Cabinet to review the appeals procedure to enable the ability for parents to personally address the School Transport Appeals Sub-Committee to be restored.

            The Group Director, Children referred to the demand for school places from 2013, particularly in the Northern Sector and in Central Swindon. He explained the background to the proposal to permanently expand Haydonleigh Primary School and the benefits of this.

            Resolved – (1) That the Co-ordinated Scheme of Admission Arrangements (for the for the normal point of entry - Reception Year, Year 3 and Year 7 and In Year admissions) for all primary schools and all secondary schools in Swindon and neighbouring Local Authorities for September 2013, be approved.

            (2) That the admission numbers for Community and Voluntary-Controlled schools for September 2013 be approved.

            (3) That these proposals are determined by 15^th April 2012, and implemented by the Group Director, Children for admission for September 2013 for all new applicants.

            (4) That the Group Director, Children be authorised to undertake consultation on the proposal to permanently expand Haydonleigh Primary School from September 2013.

            (5) That a report on the outcome of the consultation on the expansion of Haydonleigh Primary School be submitted to the Cabinet as soon as practicable taking into account the target timetable as set out in Appendix 8 to the joint report.

            (6) That the Education Transport Policy 2013/14, attached as Appendix 7 to the joint report, be approved.

            (7) That it be noted that further to the Motion at the Council meeting on 23^rd February 2012, the Cabinet will undertake a review of the Education Transport appeals procedure to consider the issue of whether parents should again be permitted to personally address the School Transport Appeals Sub-Committee.
            (8) That the decision in Minute 46 of the Swindon Children’s Trust Board be noted.

(Councillor David Renard made a personal and prejudicial declaration of interest in respect of the above item as he was a Governor of Haydonleigh School and his wife was employed by the school. He left the meeting prior to the vote  ...  view the full minutes text for item 107.

            The Cabinet Member for Children’s Services and the Deputy Chief Executive and Group Director, Environment Regeneration and Community submitted a joint report setting out the proposed Adult Learning Plan for the Academic Year 2012/13.

            Councillor David Renard, Cabinet Member for Children’s Services, highlighted the key elements of the Adult Learning Plan for the Academic Year 2012/13. He referred to the successes of the learning provided and the resulting employment opportunities. He advised that confirmation had just been received that the direct funding of the Plan would continue for a further year. However, the proposed changes in the way that the Skills Funding Agency would be contracting learning in future academic years, as highlighted in the joint report, was still under active consideration nationally. He explained that discussions would continue with other local authorities regarding the possible delivery of future Plans.

            Resolved – (1) That the Council be recommended to approve the Swindon Borough Council Adult Learning Plan for the Academic Year 2012/13, as set out in Appendix 1 to the joint report.

            (2) That the changes to contracting being proposed by the Skills Funding Agency and the discussions taking place between officers and other organisations on the future delivery of adult and community learning, be noted.

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

The Cabinet Member for StreetSmart and Parks and the Deputy Chief Executive and Group Director, Environment, Regeneration and Community submitted a joint report (a) responding to a Motion at the Council meeting on 22^nd November 2011 concerning the Council’s success in achieving high recycling rates and seeking a report on steps the Council would take in order to increase those rates (Minute 75 of the Council refers), and (b) detailing the proposed measures the Council was to take to aim towards a 60% recycling rate as soon as practicable.

Councillor Nick Martin, Cabinet Member for StreetSmart and Parks, referred to the Council’s Waste Strategy and its achievements to date in terms of encouraging recycling and diverting waste from landfill. He explained the steps the Council hoped to take in order to deliver a 60% recycling rate. He highlighted the significant amount of recyclable material that still ended up in wheelie bins and how encouraging even greater recycling would be good for the environment and save the Council money.

Councillor Mark Edwards, Cabinet Member for Finance, commented that more publicity should be given to the fact that recycling more was not just good for the environment but meant cheaper Council Tax bills for everyone.

Councillor Nick Martin thanked Cabinet colleagues for their comments and suggestions and advised that these issues would be considered in the preparation of the proposed Action Plan.

Resolved – (1) That the historic performance and the excellent progress that Swindon has made in achieving its current recycling rate and low levels of waste per household sent to landfill, be noted.

(2) That the StreetSmart Service Delivery Manager, in consultation with the Cabinet Member for StreetSmart and Parks, be requested to produce an action plan to increase recycling in Swindon, in accordance with the Municipal Waste Management Strategy for Swindon, within four months.

(3) That the Council be advised of the decision in (1) and (2) above and of the contents of this joint report in response to the Motion submitted to the Council on 22^nd November 2011 on Recycling.

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

            The Cabinet Member for Leisure and Corporate Services, and the Group Director, Business Transformation submitted a joint report concerning a proposed Swindon Borough Council Pay Policy Statement for 2012/13.

            Councillor Keith Williams, Cabinet Member for Leisure and Corporate Services, explained that Section 38 of the Localism Act 2011 required each local authority to agree and publish a Pay Policy Statement by 1^st April each year, starting in 2012. The joint report set out the Council’s proposed Pay Policy Statement 2012/13 for consideration prior to its submission to the Council for approval. The Policy Statement had been prepared with regard to the statutory requirements and Guidance.

            Resolved – (1) That the Council’s proposed Pay Policy Statement for 2012/13, as set out in Appendix A to the joint report, be noted.

            (2) That the Group Director, Business Transformation, in consultation with the Cabinet Member for Leisure and Corporate Service, be authorised to submit the Pay Policy Statement to the Council for approval, taking into account any further Guidance received prior to its consideration by the Council.

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

The Cabinet Member for Customer Services and a Safer and Stronger Borough, and the Group Director, Environment, Regeneration and Community submitted a joint report concerning a proposal to merge the community safety functions of Wiltshire Police Authority and Swindon Borough Council in order to deliver the outcomes of ‘One Swindon’ in a much more cost effective way and realise considerable savings for both agencies.

Councillor Colin Lovell, Cabinet Member for Customer Services and a Safer and Stronger Borough, explained the reasons for the merger and the benefits that he believed it would bring in terms of avoiding duplication of provision, enabling a more cost effective service, and delivering improved outcomes for local people, particularly through preventing crime and disorder, tackling anti-social behaviour and seeking a reduction in domestic violence.

Councillor Peter Greenhalgh, Cabinet Member for Council Transformation, Sustainability, Strategic Planning and Transport, advised he could not support the proposal as he believed that it blurred that line of responsibility between the Police and the local authority and the distinct role that each had.

The Chair and Councillor Brian Mattock, Cabinet Member for Health and Adult Social Care, expressed their support for the proposed merger and believed that the benefits of this type of partnership working far outweighed any perceived disadvantages and would improve the service provided to local residents. 

Resolved – (1) That approval be given to merge the Community Safety functions of Wiltshire Police Authorityand Swindon Borough Council.

(2) That Swindon Borough Council be the lead / employing authority for the merged Community Safety Team.

(3) That the merged Community Safety Team be funded on the basis of a 50:50 share of the costs with the Wiltshire Police Authority.

(4) That approval be given to fund the Council`s share of the costs ofthe merged Community Safety Team for a period of ten years, subject to an annual review.

(5) That the Director of Law and Democratic Services, in consultation with the Group Director, Environment, Regeneration and Community, and the Cabinet Member for Customer Services and a Safer and Stronger Borough, be authorised to enter into a Collaboration Agreement for the merger of the Community Safety functions of Wiltshire Police Authorityand Swindon Borough Council, on such detailed terms and conditions as are required to protect the Council`s interest.

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

            The Cabinet Member for Council Transformation, Sustainability, Strategic Planning and Transport and the Director of Planning and Transport submitted a joint report concerning details of a proposal to award works for highways, transport and landscape projects to Swindon Commercial Services Ltd (SCS) for the 2012/13 programme of works.

            Councillor Peter Greenhalgh, Cabinet Member for Council Transformation, Sustainability, Strategic Planning and Transport, expressed his support for the proposal that ensured transparency of decision making and the best value delivery of works awarded to Swindon Commercial Services Ltd.

            Resolved – (1) That the Director for Planning and Transport be authorised to award individual schemes to Swindon Commercial Services Ltd., as set out in the programmes in Appendices A, B and C to the report and that the Council’s Contract Standing orders be waived accordingly.

            (2) That it be noted that contracts subject to OJEU can only be dealt with in this way whilst Swindon Commercial Services is ‘Teckal’ compliant.

(Councillor Garry Perkins, Deputy Leader of the Council and Cabinet Member for Regeneration and Culture, made a personal declaration of interest in respect of the above item as he was a Council appointed Non-Executive Director on the Board of Swindon Commercial Services (SCS) Ltd.)

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

Appendix1 – References from the Minutes of the meeting held in 13^th March 2012 – to follow.

Appendix 2 – Related Reports are circulated in a separate Annex with the Agenda papers.

The Leader of the Council and the Director of Law and Democratic Services submitted a joint report concerning recommendations arising from the meeting of the Corporate Governance Review Working Group held on 13^th March 2012.

The Chair referred to the discussions that had taken place at the Review Working Group and the reasons behind the recommendations that were forthcoming. He expressed his support for those recommendations.

Councillor Nick Martin, Cabinet Member for StreetSmart and Parks, and Councillor Peter Greenhalgh, Cabinet Member for Council Transformation, Sustainability, Strategic Planning and Transport, referred to the proposed governance arrangements for the localities and urged that arrangements were clearly understandable to the public and that terminology that would not be understood by local communities should be avoided.

            Resolved – (1) That, further to Minute 9 of the Corporate Governance Review Working Group, the Council be recommended that –

            (2) That, further to Minute 11 of the Corporate Governance Review Working Group, the Council be recommended that –

·        A politically balanced, stand-alone Standards Committee be appointed to oversee the ethical framework, with one or more parish representatives co-opted to it, to maintain a transparent process for the public.

·        The Monitoring Officer continue the process for the appointment of one or more Independent Persons directly, and consult the Group Leaders on the process for appointment and remuneration, noting that this Review Working Group would support the appointment of two  ...  view the full minutes text for item 113.

The Deputy Leader and Cabinet Member for Regeneration and Culture, and the Group Director, Business Transformation submitted a joint report concerning (a) an update on the decision of the Cabinet at its meeting on 15^th February 2012 to dispose of a site at Gorse Hill, Swindon, to enable Haboakus to develop 241 homes, of which 44% of the homes were to be affordable (Minute 82 refers), and (b) a request made to officers by the Council’s  Labour Group for completion of the agreement to be delayed until after the local government elections on 3^rd May 2012, in order that the Council did not render itself liable for compensation should a new Council administration withdraw from the agreement, and (c) correspondence, set out in Appendix 1 to the joint report, from  Haboakus on the implications of any delay in completing contractual agreements and progressing the proposed development.

Councillor Garry Perkins, Deputy Leader and Cabinet Member for Regeneration and Culture, referred to the contents of the joint report and to the response from Haboakus. This he believed gave a clear indication that any delay in completing agreements would seriously jeopardise the project and risk the loss of a significant number of badly needed affordable housing.

Councillors John Ballman and Rochelle Russell, Gorse Hill and Pinehurst Ward Councillors, urged the Cabinet to delay the entering of any agreements until after the forthcoming local government election.

Councillor John Ballman commented on the response from Haboakus that he believed contained a number of general statements that highlighted risks and potential issues surrounding any delay, but that actually set out very few clear and categorical facts. He noted that the original report and its recommendations contained no specific details on the timeframe for the completion of any agreements. He therefore believed that the entering into of any agreements should be delayed.

The Chair commented that the original report and the discussions at the Cabinet meeting on 15^th February 2012 had highlighted the significance of the March 2015 deadline for the completion of the project in order to qualify for Home and Communities Agency Grant. Any delay in the signing of agreements and in the submission of a planning application by the summer of 2012 would put the whole provision of the badly needed affordable housing at risk. He also expressed his disquiet at statements made by political groups that hinted that any contract entered into by the Council could be overturned on a political whim. He believed this was not the right message to be sending out to the business community and potential investors in Swindon at a time when the regeneration of the Borough and its economy was a key priority.

Resolved - That the Director of Law and Democratic Services , in consultation with relevant Council officers, be instructed to complete the necessary documentation in respect of the sale of the site at Gorse Hill Swindon, as referred to in the joint report, by the end of March 2012 or as  ...  view the full minutes text for item 114.