Agenda item

(1) To consider Minutes for Confirmation from Cabinet:

• Minute 115 Community Governance Review and Minute 28(5) of the Corporate Governance Working Group - Governance Issues (Minute  of the Corporate Governance Working Group will be tabled).
• Minute 122 – Statement of Community Involvement in the Planning Process.
• Minute 126 – The Swindon Health and Wellbeing Board.
• Minute 133 – Wiltshire and Swindon Waste Sites Allocations Local Plan – Inspectors Report and Adoption.

(2) To note Minutes from Cabinet:

• Minute 116 – Motion at Council: Honda Task Force – Summary of Support to Honda.
• Minute 125 – Motion at Council: Use of Bailiffs.
• Minute 127 – Motion at Council: Recording and Broadcasting Full Council Meetings.
• Minute 130 – Motion at Council: Housing Market Support.

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(1) Councillor Michael Dickinson moved and Councillor Roderick Bluh seconded:

“That Minute 115(5) of the Cabinet and Minutes 31(2) to (5) of the Corporate Governance Review Working Group (Corporate Governance Review) be confirmed and adopted as set out below.”

Cabinet Minute 115 of the Cabinet (Community Governance Review 2013 – Reference from Corporate Governance Review Working Group

            Resolved – (1) That the report on the Community Governance Review of Swindon submitted to the Corporate Governance Review Working Group on 7^th March 2013, as set out in Appendix 1 to the joint report, be noted.

            (2) That the recommendations of the Corporate Governance Review Working Group on 7^th March 2013, as set out in Appendix 2, to the joint report be noted and endorsed.

            (3) That the draft proposals in relation to the Community Governance Review of Swindon, as set out in Appendix 3 to the joint report, be noted.

            (4) That the petition presented at the Cabinet meeting in further support of the creation of a separate Nythe parish, be noted, and (a) the petition be referred to the Corporate Governance Review Working Group and it be asked to convene as a matter of urgency to consider the petition and advise the Council at its meeting on 11^th April 2013 as whether it wishes to change its recommendation that a separate Nythe parish not be created; and (b) the Director of Law and Democratic Services be requested to inform those parties who have already made representations on this issue, of the receipt of the petition in order that any comments can be taken into account by the Corporate Governance Review Working Group.

            (5) That, following the Corporate Governance Review Working Group meeting, the Director of Law and Democratic Services, in consultation with the Leader of the Council, be authorised to prepare the Draft Scheme and consequential draft Parish Changes Order resulting from the Community Governance Review of Swindon, for submission to Council on 11^th April 2013. (Minute 115 of Cabinet refers)

Minutes 31(2) to (5) of the Corporate Governance Review Working Group

            Resolved – ….

(2) That the Working Group confirms its recommendation to the Council that a new Parish of Nythe not be created.

(3) That the Council be recommended to approve the draft Proposals of the Working Group as set out in Appendix 3 of the report to the Cabinet on 20th March 2013 and endorsed by the Cabinet at that meeting (Minute 115 of the Cabinet refers).

(4) That, in accordance with the requirements set out in Section 96 of the Local Government and Public Involvement in Health Act 2007, the Director of Law and Democratic Services be authorised to publish the Council’s decision in relation to those recommendations set out in the draft Proposals (Appendix 3 to the Cabinet Report 20^th March 2013) and the reasons for making that decision, and to take such steps as he considers sufficient to secure that persons who may be interested in the Community Governance Review are informed of that decision.

(5) That, further to the decision in (4) above, the Director of Law and Democratic Services be authorised to make the necessary Order to give effect to that decision.

Amendments

            Councillor Dale Heenan moved and Councillor Richard Hurley seconded that the Motion be amended as follows:

“That this Council:

(1) Approves the draft Community Governance Review recommendations with the exception that after considering all submissions to the Community Governance Review Council agrees that a Nythe Parish with a Nythe Parish Council of seven Members should be created because:

(a) Nythe is a distinct and separate community of place with its own shops, community centre and schools, has a recognizable local community identity which residents identify with and will improve community cohesion;

(b) It will increase the local representation from 3 members to 7 members, and generate sufficient interest to hold a parish election improving community representation;

(c) It is of sufficient size to be a viable entity, would be more effective and convenient and improve local administration by being a more representative and accountable, governance arrangement and enable inclusive, active and effective participation by residents;

(d) The boundary can be clearly defined and identified geographically with  boundaries set as west of Dorcan Way, south of the Greenbridge Fields, north of Dorcan stream and west of Ashbury Avenue and the Drive Road covering the CDB Borough Council polling district, and

(e) It takes into account the views of local residents, other governance arrangements in the area, all statutory criteria including the 1972 Act.

(2) Requests that the Cabinet Member for Finance set up a working group comprising Ward Councillors and Stratton Parish Council representatives to help minimise the impact of these changes on Stratton Parish Council.”

In response to a question from Councillor Des Moffatt as to whether the amendment negatived the motion, the Director of Law and Democratic Services confirmed his view that it did not.

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

            Councillor Jim Grant moved and Councillor John Ballman seconded that the Substantive Motion be amended as follows:

“That this Council:

(1) Amends the draft Community Governance Review recommendations to exclude the following streets from the Stratton Parish:

·        Constable Road

·        Headlands Grove

·        Jefferies Avenue

·        Masefield Avenue

·        Wheeler Avenue.

(2) Supports all other recommendations agreed by the Corporate Governance Review Working Group on April 2^nd as set out in Appendix 3 of the Community Governance report to the Cabinet on 20^th March 2103 and endorsed by the Cabinet at that meeting (Minute 115 of the Cabinet refers).”

            With the agreement of the mover and seconder the amendment was amended to delete (2) above to read as follows:

“That this Council:

Amends the draft Community Governance Review recommendations to exclude the following streets from the Stratton Parish:

·        Constable Road

·        Headlands Grove

·        Jefferies Avenue

·        Masefield Avenue

·        Wheeler Avenue.”

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

      Substantive Motion

“That this Council:

(1) Approves the draft Community Governance Review recommendations with the exception that after considering all submissions to the Community Governance Review Council agrees that a Nythe Parish with a Nythe Parish Council of seven Members should be created because:

(a) Nythe is a distinct and separate community of place with it's own shops, community centre and schools, has a recognizable local community identity which residents identify with and will improve community cohesion;

(b) It will increase the local representation from 3 members to 7 members, and generate sufficient interest to hold a parish election improving community representation;

(c) It is of sufficient size to be a viable entity, would be more effective and convenient and improve local administration by being a more representative, and accountable, governance arrangement and enable inclusive, active and effective participation by residents;

(d) The boundary can be clearly defined and identified geographically with  boundaries set as west of Dorcan Way, south of the Greenbridge Fields, north of Dorcan stream and west of Ashbury Avenue and the Drive road covering the CDB Borough Council polling district, and

(e) It takes into account the views of local residents, other governance arrangements in the area, all statutory criteria including the 1972 Act.

(2) That this Council amends the draft Community Governance Review recommendations to exclude the following streets from the Stratton St. Margaret Parish:

·        Constable Road

·        Headlands Grove

·        Jefferies Avenue

·        Masefield Avenue

·        Wheeler Avenue.

 (3) Requests that the Cabinet Member for Finance set up a working group comprising Ward Councillors and Stratton Parish Council representatives to help minimise the impact of these changes on Stratton Parish Council.”

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

Councillors John Ballman, Ray Ballman, Dale Heenan  and Teresa Page made Personal declarations of interest in respect of Agenda Item 8(1) (Cabinet Minute 115 and Corporate Governance Review Working Group Minute 28(5) – Corporate Governance review) as they lived in the area affected.

Councillor Joe Tray, Peter Watts made a Personal declaration of interest in respect of Agenda Item 8(1) (Cabinet Minute 115 and Corporate Governance Review Working Group Minute 28(5) – Corporate Governance review) as they were Parish Councillors.

Councillors Wayne Crabbe, Michael Dickinson, Emma Faramarzi, Brian Ford, Russell Holland, Toby Elliot Mary Friend, Peter Heaton-Jones, Richard Hurley, Teresa Page, Vera Tomlinson and Peter Watts made Personal declarations of interest in respect of this item as they lived in parished areas.

Rochelle Russell made a Personal and Prejudicial declaration of interest in respect of this item and left the room during its discussion.

Councillor Andrew Bennett made a Personal declaration of interest in respect of this item as he was a Member of the Swindon Area Committee of Parrish Councils.

Councillors John Ballman Ray Ballman, Mark Edwards, Dale Heenan and Richard Hurley had dispensations under Section 33 of the Localism Act 2011 in respect of this item.

 (2) Councillor Michael Dickinson moved and Councillor Roderick Bluh seconded:

“That Minute 28(5) of the Corporate Governance Review Working Group be confirmed and adopted (Corporate Governance Issues – (a) Standing Order 4, and (b) Code of Conduct) be confirmed and adopted.

            The Motion was put to the vote and declared carried.

(3) Councillor Dale Heenan moved and Councillor David Renard seconded:

“That Minute 122 of the Cabinet (Statement of Community Involvement in the Planning Process) be confirmed and adopted.”

            The Motion was put to the vote and declared carried.

(4) Councillor Brian Mattock moved and Councillor David Renard seconded:

“That Minutes 126(1) and (2) of the Cabinet (The Swindon Health and Well-Being Board) be confirmed and adopted.

            The Motion was put to the vote and declared carried.

(5) Councillor Dale Heenan moved and Councillor David Renard seconded:

“That Minute 133(1) of the Cabinet (Wiltshire and Swindon Waste Sites Allocation Plan – Inspectors Report and Adoption) be confirmed and adopted.

            The Motion was put to the vote and declared carried.

(6) Councillor Garry Perkins moved and Councillor David Renard seconded:

“That Minute 116 of the Cabinet (Motion at Council – Honda Task Group – Summary of Support to Honda) be noted.

            The Motion was put to the vote and declared carried.

(7) Councillor Mark Edwards moved and Councillor David Renard seconded:

“That Minute 125 of the Cabinet (Use of Bailiffs – Motion at Council) be noted.

            The Motion was put to the vote and declared carried.

(8) Councillor Dale Heenan moved and Councillor David Renard seconded:

“That Minute 127 of the Cabinet (Recording and Broadcasting Full Council) be noted.

            Councillor Mark Dempsey moved and Councillor Bob Wright seconded that the Motion be amended to read:

“That this Council requests:

(i) The Director of Law and Democratic Services to work with the Corporate Governance Review Working Group on the development of a Standing Order giving a presumption in favour of recording meetings by residents, and to  identify ways that residents who wish to record meetings have the same access to the full Council Chamber as the media.

(ii) That a cross party working group on the recording of Council meetings be established to help support individuals and groups that wish to record Council meetings and develop the best arrangements for these recordings to be made.  This group should provide recommendations to the next meeting of Full Council and should meet on an on-going basis to monitor and update these recommendations and consider alternative approaches if using volunteers proves unsatisfactory.”

            The Amendment was put to the vote and declared lost.

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

(9) Councillor Russell Holland moved and Councillor David Renard seconded:

“That Minute 130(5) of the Cabinet (Motion at Council – Housing Market Support) be noted.

            The Motion was put to the vote and declared carried.