Agenda and minutes

            Apologies for absence were received from Councillors Mike Bawden, Mark Dempsey, James Robbins and Nicky Sewell.

The Board Director Commissioning reported that correspondence had been received from the One Swindon Board inviting the Leaders of the Opposition and Minority Groups to join the Board.

To receive the minutes of the previous meeting held on 18^th May 2012.

            Resolved – That the minutes of the meeting held on 18^th May 2012, be confirmed and signed.

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

Councillor Jim Grant made a Personal declaration of interest in respect of Agenda Item 8 as he was employed by the Wiltshire Police Authority.

            Mrs Linda Kasmaty asked a question relating to the school admissions policy for the Croft School.

            The Cabinet Member for Children’s Services responded at the meeting.

            Mrs. Kareen Boyd asked a question relating to the Motion on Croft School (Agenda Item 9).

The Leader of the Council responded at the meeting.

            Mrs Kareen Boyd asked the Leader of the Council a supplemental question regarding comments attributed to the Cabinet Member for Children’s Services.

            The Leader of the Council responded at the meeting.

            Mrs Carole Bent asked a question relating to information considered by the Cabinet and Planning Committee in reaching a decision to approve the building of Croft School.

            The Leader of the Council responded at the meeting.

            Mrs Carole Bent asked a supplemental question relating to the relative weight given to evidence received during the process from external and internal sources.

            The Cabinet Member for Strategic Planning and Sustainability responded at the meeting.

            Mrs Carole Bent asked a question relating to an external review of the process leading to the decision to approve the building of Croft School.

            The Leader of the Council responded at the meeting.

            Mr Colin Doubleday had a question relating to Croft ruled inadmissible as it referred to an individual planning application.  The Leader of the Council indicated that if Mr Doubleday wished to pursue the question he should forward it, in writing, directly to him.

            Mr Richard Symonds asked a question relating to an interview with an elderly person relating to her care requirements, the process that had been followed and the lead in time period for the provision of this service.

            The Leader of the Council responded at the meeting.

There are no Minutes for Confirmation.                              .

            There were no Minutes for Confirmation.

A copy of the minutes arising from the Standards Committee meeting held on 11th June 2012 will be circulated under separate cover.

            The Director of Law and Democratic Services submitted a report regarding the adoption of a new Members Code of Conduct and the procedure for investigating and hearing complaints to be introduced when the statutory Standards Framework ceases to have effect under the Regulations to the Localism Act 2011.

            Councillor Roderick Bluh moved and Councillor Jim Grant seconded:

“(1) That the revised Members Code of Conduct set out in Appendix 4 to the report be adopted and come into operation on 1^st July 2012.

(2) That the Director of Law and Democratic Services be authorised to make any further technical amendments to the Code which may be necessary as a result of any statutory requirements introduced following the adoption of the revised Code.

(3) That the arrangements for consideration, investigation and hearing of complaints under the revised Members Code of Conduct, as set out in Appendix 5 of the report of the Director of Law and Democratic Services, and the revised Appendix 6 and Annexe A to Appendix 6 tabled at the meeting, be adopted.

(4) That the current statutory Standards Committee be dissolved on 30^th June 2012, and a new Standards Committee be appointed with effect from 1^st July 2012.

(5) That Article 9 of the Council’s Constitution be amended as set out in Appendix 8 of the report of the Director of Law and Democratic Services and that the Standards Committee be authorised to grant dispensations under Section 33 of the Localism Act 2011.

(6) That the following appointments to the new Standards Committee be confirmed:

Independent Persons

Mr. Paul Morris

Mr. Peter Morgans

Co-opted Lay Members of the Standards Committee

Mr. Trevor Davies

Mr. David Dawson

Co-opted Parish Councillor Members of the Standards Committee

Mr. Mike Compton

Mr. Richard Hailstone.

(7) That, further to (6) above, each Independent person be appointed to hold office from 1^st July 2012 until the date of the Annual Council meeting in 2013, with an option to extend for a further period until the date of the Annual Council meeting in 2014, subject to the agreement of the Council and the Independent Person.

(8) That Council notes that Standing Orders were amended at Annual Council on 18^th May 2012 to require those declaring personal, prejudicial or disclosable pecuniary interests, to declare that interest and leave the room during the discussion of the relevant item unless a dispensation to stay has been obtained.

(9) That the Director of Law and Democratic Services be authorised to amend Part 4 of the Council’s Constitution (Access to Information Procedure Rule) Section 10, “Meaning of Exempt Information”  by deleting paragraphs 8, 9 and 10 and amending the other wording accordingly.

(10) That the Director of Law and Democratic Services be requested to provide appropriate training for Borough Councillors on the revised Code, and Town/Parish Councillors as appropriate.

(11) That the Director of Law and Democratic Services be authorised to amend the Council’s Constitution to take into account any further amendments required as  ...  view the full minutes text for item 24.

            The Director of Law and Democratic Services submitted a report setting out proposed arrangements for Swindon’s participation in a Police and Crime Panel with Wiltshire Council in accordance with the requirements of the Police Reform and Social Responsibilities Act 2011.

            The Leader of the Council reported that he had held discussions with the Leader of Wiltshire Council with a view to allocating Swindon an additional seat on the Joint Police and Crime Panel. The Leader of the Council confirmed that he would continue to lobby vigerously for an additional Swindon seat. In order for the Secretary of State to consider a request for increased membership a formal request from the constituted ten member Police and Crime Panel would be required. The Leader of the Council indicated that should an additional Swindon seat be approved this would be offered to a Labour Group Member on the basis that it be agreed that the existing three seats be allocated on the basis of two Conservative and one Labour Group representative.

            Councillor Roderick Bluh moved and Councillor Jim Grant seconded:

(1) That the arrangements for the proposed Joint Wiltshire and Swindon Police and Crime Panel, as set out in Appendix 1 to the report of the Director of Law and Democratic Services, be approved and adopted.

(2) That the Terms of Reference and Procedure Rules for the Joint

Wiltshire and Swindon Police and Crime Panel, as set out in Appendix 2 to the report of the Director of Law and Democratic Services, be adopted.

(3) That approval be given to the appointment of three Swindon Councillors, together with deputies as appropriate, to serve on the joint Wiltshire and Swindon Police and Crime Panel for the remainder of the Municipal Year, 2012/13.

(4) That, further to (3) above, Councillors Junab Ali, Roderick Bluh and Brian Ford be appointed as Swindon’s representative serving on the Wiltshire and Swindon Police and Crime Panel for the remainder of the Municipal Year 2012/13.

(5) That, further to (3) above, it be agreed that Councillor Bob Wright be this Council’s nominee should an additional seat be offered to this Council on the Wiltshire and Swindon Police and Crime Panel.

(6) That the appointment of deputies to serve on the Wiltshire and Swindon Police and Crime Panel during the current Municipal Year be deferred to a future meeting of the Council.

(7) That the Director of Law and Democratic Services be authorised, in liaison with The Leader of the Council, to enter into any agreements and complete any necessary documentation associated with the establishment of the Joint Wiltshire and Swindon Police and Crime Panel as referred to in the Director’s report and its appendices and, if appropriate, to vary the wording and layout of the Constitution and its associated documentation to reflect the establishment of the Panel should this prove necessary for the efficient discharge of Council business during the course of the year.

            The Mayor put the Motion to the vote and declared it carried.

(Councillor Jim Grant made  ...  view the full minutes text for item 25.

Councillor Bob Wright will move:

“This Council notes the lack of public confidence in the Council’s planning process concerning the Croft Primary School Planning Application and, in particular, whether public expertise carries equal weight to the evidence provided by the council in support of its own application.

This Council requests the Planning Committee to consider establishing an independent review of the process followed in relation to the Croft Primary School Planning Application. As part of this review, Council would like the following matters to be considered:

•   Whether the planning process for the Croft School Planning Application was fair and appropriate and whether there was adequate public consultation for that application

•   Through reviewing the experiences taken from that application, whether the Swindon Borough Council planning process can demonstrate that equal treatment and weight is given to evidence submitted by the public as is given to the Council’s own evidence 

•   How the Council can redress the community’s lack of confidence that proper consultation took place when dealing with future planning applications.”

Councillor Bob Wright moved and Councillor Nadine Watts seconded:

“This Council notes the lack of public confidence in the Council’s planning process concerning the Croft Primary School Planning Application and, in particular, whether public expertise carries equal weight to the evidence provided by the council in support of its own application.

This Council requests the Planning Committee to consider establishing an independent review of the process followed in relation to the Croft Primary School Planning Application. As part of this review, Council would like the following matters to be considered:

• Whether the planning process for the Croft School Planning Application was fair and appropriate and whether there was adequate public consultation for that application.
  
  
• Through reviewing the experiences taken from that application, whether the Swindon Borough Council planning process can demonstrate that equal treatment and weight is given to evidence submitted by the public as is given to the Council’s own evidence.
  
  
• How the Council can redress the community’s lack of confidence that proper consultation took place when dealing with future planning applications.”

Councillor Stan Pajak moved and Councillor Ann Richards seconded that the Motion be amended to read:

“This Council notes that a planning application for Croft School was passed by Planning Committee on 29^th November 2011 with no Councillors from any party voting against.

This Council acknowledges the concerns of part of the community in the Council’s consultation process concerning the Croft School.

This Council supports the inclusion in the proposed work plan of the Children and Young People’s Overview and Scrutiny Committee for 2012/13 of a review of the Croft School consultation.

This Council requests that any Task Group of the Children and Young People’s Overview and Scrutiny Committee invite two independent individuals who have no prior involvement in the process to participate in that review.”

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

            The Motion was put to the vote and declared carried.

A formal division was requested in accordance with Standing Order 14(2).

            Members voting for the motion were Councillors Rex Barnett,  Andrew Bennett, Roderick Bluh, Wayne Crabbe, Doreen Dart, Michael Dickinson, Mark Edwards, Toby Elliot, Claire Ellis, Emma Faramarzi, Fionuala Foley, Mary Friend, Brian Ford, John Haines, Peter Heaton-Jones, Dale Heenan, Russell Holland, Richard Hurley, Colin Lovell, Brian Mattock, Stan Pajak, Maureen Penny, Garry Perkins, David Renard, Ann Richards Vera Tomlinson, Keith Williams and David Wood. 

            Members voting against the motion were Councillors Junab Ali, Abdul Amin, Steve Allsopp, John Ballman, Ray Ballman, Jim Grant, Neil Heavens, Fay Howard, Cindy Matthews, Des Moffatt, Derique Montaut, Teresa Page, Julian Price, Rochelle Russell, Kevin Small, Joe Tray, Steve Wakefield, Nadine Watts, Peter Watts, Bob Wright and Julie Wright  

            Councillors Mick Bray and Nick Martin abstained.