Agenda and minutes

Apologies for absence were received from Councillors David Bilbé, Colin Cross, Marsha Moseley, Nikki Nelson-Smith, David Reeve, and Jenny Wicks; from Honorary Freeman Jen Powell and from Honorary Aldermen K Childs, Mrs C F Cobley, Mrs S Creedy, Mrs C F P Griffin, J Marks, B Parke, and L Strudwick.

To receive and note any disclosable pecuniary interests from councillors. In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda.  Any councillor with a DPI must not participate in any discussion or vote regarding that matter and they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, the councillor must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

There were no disclosures of interest.

To confirm the minutes of the meeting of the Council held on 5 December 2017.

The Council confirmed, as a correct record, the minutes of the meeting held on 5 December 2017. The Mayor signed the minutes.

To receive any communications or announcements from the Mayor.

The Mayor welcomed the new Council Solicitor, Robert Parkin to his first Council meeting.

The Mayor thanked those who had supported his recent fundraising Guildford v Waverley Bowling Challenge at Spectrum on 25 January 2018, which raised just over £1,200 for both his charity and the Mayor of Waverley’s charity. 

There were three more charity events before the end of the Mayoral year:

1.       the Musical Extravaganza at the Yvonne Arnaud Theatre on 25 February 2018.

2.       A charity curry night at the local Shahin Restaurant on 14 March 2018. 

3.       The Mayor’s Charity Ball on 21 April 2018 at Guildford Harbour Hotel.

The Mayor announced the recent launch of the Mayor’s Award for Service to the Community 2018, details of which were available on the website. 

To receive any communications or announcements from the Leader of the Council.

The Leader of the Council expressed his condolences in respect of the recent death of Honorary Alderman Mrs Rosemary Hall on behalf of the residents of Ash for whom Mrs Hall had achieved so much in her time as a councillor.

The Leader expressed his disappointment on the outcome of two recent successful planning appeals in relation to the Guildford Railway Station re-development, and the Manor Farm site at Tongham.  In respect of the former, the Leader reassured councillors that options were being explored in respect of the Council’s response, including a possible judicial review of the decision.  In any event, the Council would engage with the developer to try to secure an improved scheme.

The Leader highlighted the need to update the Council’s development management policies and noted that the Lead Councillor for Housing and Environment was currently working with officers to see how quickly this could be done.

The Leader also announced that, earlier in the day, he had authorised the making of an Article 4 Direction in respect of a site at Wanborough.

To receive questions or statements from the public.

In accordance with Public Speaking Procedure Rule 2 (c), Mr Paul Soper addressed the Council in respect of agenda item 13 – Taxi and Private Hire Licensing Policy – Card Payments in Taxis. 

Mr Soper asked that the Council allows taxi drivers to have the choice as to which card payment machine they install.  The Lead Councillor for Licensing and Public Safety, Councillor Graham Ellwood, confirmed that provided the machines accepted Visa and Mastercard, together with Contactless payments, taxi drivers were free to choose whichever brand of machine they preferred.

To hear questions (if any) from councillors of which due notice has been given.

Councillor Bob McShee asked the Lead Councillor for Finance and Asset Management, Councillor Michael Illman, the following question:

“Following the publication in last week’s Surrey Advertiser of the article headed ‘Council will borrow to fund £81m in Student housing’, a number of local residents have contacted me expressing their concerns about the Borough Council spending such a large sum on student housing.

We are here tonight to consider bids for funding, and I note, that on page 93 of the Agenda the Schedule of ‘General Fund Capital Bids’, the largest project over the next 3 years is student housing.

I would ask the Lead Councillor for Finance and Asset Management to clarify the risks involved in investing such a large amount of money in student accommodation.”

The Lead Councillor’s response to this question was as follows:

“I thank Cllr McShee for his question as it gives me an opportunity to comment on the article in Get Surrey.  Get Surrey correctly reported that in the Capital and Investment Strategy report we are proposing a new project which is asking for a budget of £81 million for Student Accommodation.  All details in relation to the project and the bid for funding are currently confidential and included within the Not for Publication section of tonight’s agenda.  Thus, much of the other information within the Get Surrey article, including the claim that we are working with a particular partner(s), was purely media speculation and not based on information that is contained in the public sections of the capital and investment strategy report. 

Before answering the specific question, it would be helpful to provide some context.

Our Corporate Plan sets out how we are aiming to provide a range and mixture of housing to meet local need, such as increasing the homes provided by North Downs Housing - the Council-owned market landlord company, and investing in building a mix of new homes for sale or affordable rent.

The Council is already investing in building a mix of new homes for sale or affordable rent – key schemes underway include:

·        Guildford Park Road on previous open-air car park site (160 homes, 64 for affordable rent)

·        Apple Tree pub site in Park Barn (18 homes, all for affordable rent with nine fully wheelchair accessible)

·        Ladymead site near the new Fire Station (12 homes, all for affordable rent)

·        other smaller scale previously-developed sites (21 homes across five sites, all for affordable rent)

Key future schemes include larger-scale developments in Slyfield and Bright Hill.  The Slyfield Area Regeneration Project, for which £105 million was approved to go on to the provisional capital programme in the 2016-17 capital programme report considered at Budget Council in February 2016, is actually the largest project the Council is working on. 

Whilst we are heavily investing in affordable housing, funded from our reserves, due to the existence of the HRA borrowing cap, we cannot borrow to fund affordable or social housing.  Guildford, along with a number of other councils, has asked the  ...  view the full minutes text for item CO84

Under Section 39 of the Localism Act 2011, the Council was required to consider and approve a pay policy statement for the financial year ahead.  The Council therefore considered the Pay Policy Statement covering 2018-19. The report to the Council also sought approval to implement a 2.0% pay award for the Corporate Management Team (CMT) with effect from 1 April 2018.

Subject to Council approving the revenue budget for 2018-19, the Managing Director would agree a cost-of-living pay award with UNISON of 2.0% for all staff to apply for a period of 15 months from 1 April 2018.

The report highlighted the various updates that were proposed to be made to the Pay Policy Statement, including the new Senior Management structure, which comprised of four Directors reporting to the Managing Director, a Deputy Managing Director designation, and Service Leaders reporting to either the Managing Director or Directors.  References to the Heads of Service roles had been removed.

New Government regulations required councils to publish details of their gender pay gap annually on their website and to upload this information to a publicly accessible Government website.  The Pay Policy Statement included details of the Council’s gender pay gap, with a mean pay gap of -9%, which compared favourably to the national figure of 9.1%.

Upon the motion of the Leader of the Council, Councillor Paul Spooner, seconded by the Lead Councillor for Finance and Asset Management, Councillor Michael Illman, the Council

RESOLVED:

(1)     That the Pay Policy Statement for the 2018-19 financial year, attached at Appendix 1 to the report submitted to the Council, be approved.

(2)         That, subject to approval of the 2018-19 revenue budget, a 2.0% pay award for the Managing Director, the Deputy Managing Director designation and the Directors be approved for implementation on 1 April 2018.

Reasons:

(1)         To comply with the Localism Act 2011 (Section 39)

(2)         To authorise the pay award for the Corporate Management Team

The Council considered a report on the Council’s capital and investment strategy, which was a new requirement under the revised CIPFA Prudential Code 2018. The report incorporated the position of the current capital programme and the new capital proposals for the period 2018-19 to 2021-22, and the Treasury Management Annual Strategy Report for 2018-19. 

These had previously been presented as separate reports, but were now  presented together linking investment both in terms of treasury management and assets.  The aim was to avoid duplication between the reports, and to strengthen the link between capital spending and the treasury management function.

CIPFA had also revised the Code of Practice on Treasury Management (‘TM Code’), alongside the revision to the Prudential Code, details of which were highlighted in the report.

Due to the timing of the production of the codes, CIPFA had acknowledged that the 2018-19 report would be a year of transition, and that full adoption may not be possible until 2019-20. 

The Department for Housing, Communities and Local Government (DHCLG) was consulting over revisions to their Investment Guidance, which included reference to investments in non-financial assets.  The Guidance would retain the requirement for an Investment Strategy to be prepared at least annually for approval by Full Council.

The Council had a duty under the Local Government Act 2003 to have regard to both the CIPFA Codes and the DCLG Guidance.

In relation to the Capital Strategy, the Council sought to demonstrate that capital expenditure and investment decisions were taken in line with service objectives and properly took account of stewardship, value for money, prudence, sustainability and affordability.  The Council also needed to demonstrate that it sets out the long-term context in which capital expenditure and investment decisions were made and gave due consideration to both risk and reward and impact on the achievement of priority outcomes.

The capital strategy also provided an overview of how capital expenditure, capital financing and treasury management activity contributed to the provision of services along with an overview of how associated risk was managed and the implications for future financial sustainability.

In relation to the Capital Programme, the Council had a current underlying need to borrow for the General Fund Capital Programme of £312 million.  Officers had submitted bids, with a net cost to the Council of £96 million, increasing the underlying need to borrow to £407 million should those proposals be approved for inclusion in the programme. Councillors noted that, due to their commercial sensitivities, details of two of the capital bids had been included in the “Not for Publication” Item 18 attached to the agenda.

The Council noted that some capital receipts or revenue streams could arise as a result of investment in particular schemes, but in most cases it was too early to make such assumptions, although some information had been included in the capital vision highlighting the potential income. 

All projects would be funded by general fund capital receipts, grants and contributions, reserves and finally borrowing.  It was not yet known  ...  view the full minutes text for item CO86

The Council considered a detailed report on the draft Housing Revenue Account (HRA) budget and Housing Capital Investment Programme for 2018-19.

Since the introduction of HRA self-financing in 2012, the revenue budget and capital investment programme had mirrored the ambitions and priorities set out in the HRA Business Plan.  

The 2018-19 estimates had been predicated on the assumptions contained in the business plan.  Uncertainty remained around the detailed regulation accompanying The Welfare Reform and Work Act 2016 and The Housing and Planning Act 2016, which both potentially had material impacts for the 30 year business plan.

The Welfare Reform and Work Act 2016 required social housing providers in England to reduce social rents by 1% per annum for four years from 1 April 2016. The Government indicated in October 2017 that post-2020 there would be a return to an inflation linked rent settlement.

A 4% increase in garage rents was proposed from April 2018, based on the Consumer Price Index (CPI) plus 1%.

The report had set out details of progress with the new build programme together with the proposed investment programme in tenants’ homes.

The estimates continued to be informed by the business plan, which attached a lower priority to the repayment of debt principal inherited as part of the self-financing HRA settlement.  An updated HRA business plan would be submitted to the Executive for consideration in the first part of 2018.

At its meeting held on 23 January 2018, the Executive had considered this report and, subject to Council approving the budget at this meeting, had approved the projects forming the HRA major repair and improvement programme, as set out in Appendix 3 to the report and had authorised the Director of Community Services to reallocate funding between approved schemes to make best use of the available resources.

Upon the motion of the Lead Councillor for Housing and Environment, Councillor Philip Brooker, seconded by the Lead Councillor for Finance and Asset Management, Councillor Michael Illman, the Council

RESOLVED:

(1)     That the HRA revenue budget 2018-19, as set out in Appendix 1 to the report submitted to the Council, be approved.

(2)     That the 1% rent reduction required by the Welfare Reform and Work Act 2016 be implemented.

(3)     That the fees and charges for HRA services for 2018-19, as set out in Appendix 2 to the report, be approved.

(4)     That a 4% increase in garage rents be approved.

(5)     That the Housing investment programme as set out in Appendix 4 to the report (current approved and provisional schemes), be approved.

Reasons:

To enable the Council to set the rent change for HRA property and associated fees and charges, along with authorising the necessary revenue and capital expenditure to implement a budget, this is consistent with the objectives outlined in the HRA Business Plan.

The Council considered a detailed report on the draft General Fund Revenue budget for 2018-19, which included a Council Tax requirement of £9,525,280 (excluding parish precepts) and a Council Tax increase of £5 per year (3.09%), resulting in a Band D charge of £166.82. 

The provisional Local Government Finance Settlement (LGFS) for 2018-19 had been received on 19 December 2017.  The figures included in the outline budget presented to the Executive on 28 November 2017 were based on the 4-year local government finance settlement issued by Government in February 2016.  The Settlement Funding Assessment (SFA) set out in the provisional LGFS was the same as the assumptions included in the outline budget.  Within the settlement, the government had assumed that the Council would increase its Council Tax by £5 per annum.

The provisional award of New Homes Bonus (NHB) for 2018-19, also notified to the Council on 19 December 2017, had been lower than anticipated reflecting an overall reduction in NHB funding nationally. 

The budget included previously reported additional investment in Council services of £1.3 million to meet corporate plan priorities, which had been offset by savings totalling £768,500 arising from a programme of efficiency and transformation, combined with the continuing development of income generation strategies.

The principal areas of additional investment in services included in the budget were:

1.     Feasibility study into decking of Millbrook Car Park (£80,000)

2.     Development of a plan and programme of implementation for the replacement of Spectrum Leisure Centre (£120,000)

3.     Irrecoverable VAT implication arising from the crematorium redevelopment (£153,000)

4.     A platform capacity study to inform improvements and a development brief for Guildford Railway Station (£150,000)

5.     Develop through to planning application stage plans for the installation of a bridge or tunnel over/under the railway line on the A323 Guildford Road, Ash (£80,000)

6.     Commission work to produce a supplementary planning document relating to a Strategic Design Overview Framework for the Local Plan (£200,000)

7.     Feasibility study to investigate a new public bike share scheme for the town (£70,000)

8.     Develop a proposal for a new passenger railway station on the North Downs Line to the west of Guildford main line station (£100,000)

9.     Develop a regeneration brief for Guildford Railway Station (£150,000)  

The Chief Finance Officer’s (CFO) report providing information about the strategic context within which the budget had been prepared, the medium term financial plan, the robustness of the estimates, adequacy of reserves and budget risks had been  included as Appendix 1 to the report. 

The CFO report outlined that, since 2013-14, the Council had achieved a total of £4 million efficiency savings and £5.6million in additional income.  The budget for 2018-19 included additional income proposals totalling £927,000.  The medium term financial plan had assumed that a further £184,000 savings and £6.1 million additional income could be achieved between 2019-20 to 2021-22, which were identified from the business planning process undertaken in 2017-18 and 2018-19.  However, the medium term financial position presented the Council with a significant challenge resulting from reductions  ...  view the full minutes text for item CO88

The Council considered a report setting out the results of a public consultation on the community governance review in respect of Normandy Parish Council, specifically the proposal for an increase in the number of elected parish councillors from the present number of seven to nine.  The report had also set out the criteria that the Council must consider when determining a community governance review, notably, that the Council’s recommendations should provide effective and convenient governance and reflect the interests of the local community.

The report also included a set of recommendations and options to enable the Council to determine the community governance review in accordance with the Local Government and Public Involvement in Health Act 2007 and government guidance.

Upon the motion of the Deputy Leader of the Council, Councillor Matt Furniss, seconded by the Leader of the Council, Councillor Paul Spooner, the Council

RESOLVED:

(1)         That, taking account of the statutory considerations, the Council approves:

(a)         an increase in the number of parish councillors to be elected to Normandy Parish Council from seven to nine with effect from May 2019; and

(b)         the recommendation contained in the terms of reference for the review that no other changes should be made to the electoral arrangements for Normandy Parish Council. 

(2)         That the Democratic Services Manager be authorised:

(a)        to make a community governance reorganisation order under Section 86 of the Local Government and Public Involvement in Health Act 2007 (“the 2007 Act”) to give effect to the increase in the number of parish councillors to be elected to Normandy Parish Council from seven to nine with effect from May 2019, together with all necessary incidental, consequential, transitional or supplementary provisions as may be required to give full effect to the order; and

(b)        as soon as practicable after the community governance reorganisation order has been made, to inform the appropriate authorities as set out in paragraph 10.5 (ii) of the report submitted to the Council.

Reason:

To address the community governance petition received in respect of this matter with a view to ensuring that community governance within the area under review is:

·        reflective of the identities and interests of the community in that area; and

·        effective and convenient.

The Council considered a report on the outcome of a consultation on the proposed changes to the Taxi and Private Hire Licensing Policy to help customers access the taxi service and prevent crime through the introduction of a requirement that all hackney carriages have the facility to accept payments by credit/debit card from 1 April 2019.

The Council noted that the Licensing Committee, at its meeting on 17 January 2018, had also considered the report and had endorsed the recommendation therein.

Upon the motion of the Lead Councillor for Licensing and Community Safety, Councillor Graham Ellwood, seconded by the Chairman of the Licensing Committee, Councillor David Elms, the Council

RESOLVED:

That the Council, having considered the responses received to the proposed changes to the taxi and private hire licensing Policy during public consultation, adopts the changes to the Policy requiring taxis to accept credit/debit card payments, including the facility to accept contactless payments by 1 April 2019.

Reason:

To improve safety and access to the licensed hackney carriage service.

The Council considered a report setting out details of the consultation process and responses received in connection with the proposed changes to the Taxi and Private Hire Licensing Policy to help prevent the sexual exploitation of vulnerable children and adults by introducing consistent standards across Surrey.

Councillors noted that the consultation responses for both Guildford and across Surrey were largely in favour of both the proposals.

The key changes were:

·        To adopt a consistent taxi and private hire convictions policy across Surrey

·        To introduce mandatory Child Sexual Exploitation (CSE) training for all taxi and private hire drivers in Surrey

The Council noted that the Licensing Committee, at its meeting on 17 January 2018, had also considered the report and had endorsed the recommendations therein.

Upon the motion of the Lead Councillor for Licensing and Community Safety, Councillor Graham Ellwood, seconded by the Chairman of the Licensing Committee, Councillor David Elms, the Council

RESOLVED:

(1)     That the revised Taxi and Private Hire Convictions Policy, as set out in Appendix 3 to the report submitted to the Council, be adopted in place of the convictions policy set out in Appendix 2 to the Taxi and Private Hire Policy 2015-2020.

(2)     That the requirement for all existing taxi and private hire drivers to undertake mandatory Child Sexual Exploitation training by 1 May 2019, be approved.

(3)     That the requirement for all new taxi and private hire drivers to undertake mandatory Child Sexual Exploitation training from 11 April 2018, be approved.

Reason:

To help protect vulnerable children and adults from sexual exploitation.

The Council considered a report on the proposed formal designation of the new Council Solicitor, Robert Parkin, as Monitoring Officer.

Robert Parkin withdrew from the meeting whilst this matter was being considered.

Upon the motion of the Deputy Leader of the Council, Councillor Matt Furniss, seconded by the Leader of the Council, Councillor Paul Spooner, the Council

RESOLVED:

That Robert Parkin be designated as the Monitoring Officer for the Council with immediate effect.

Reason:

To comply with the requirements of the Local Government and Housing Act 1989 (as amended).

To receive and note the attached minutes of the meetings of the Executive held on 20 and 28 November 2017, and 2 January 2018.

The Council received and noted the minutes of the meetings of the Executive held on 20 and 28 November 2017, and 2 January 2018. 

The Council is asked the consider passing the following resolution:

“That under Section 100A(4) of the Local Government Act 1972 (as amended), the public be excluded from the meeting for the following items of business (Items 18 and 19) on the grounds that they involve the likely disclosure of exempt information, as defined in the relevant paragraphs of Part 1 of Schedule 12A to the Act referred to therein”. 

Upon the Motion of the Mayor, Councillor Nigel Manning, seconded by the Deputy Mayor, Councillor Mike Parsons, the Council

RESOLVED:

That under Section 100A(4) of the Local Government Act 1972 (as amended), the public be excluded from the meeting for consideration of the following Item of business on the grounds that it involved the likely disclosure of exempt information, as defined in paragraphs 1 and 4 of Part 1 of Schedule 12A to the Act.

Councillors were reminded of the requirements of the Council’s current 2017-18 Pay Policy Statement, and the 2018-19 Pay Policy Statement approved earlier in the meeting, which stated that:

‘ any proposal to make a termination payment of £95,000 or more will be referred to the Council for approval before any offer is confirmed….In the event of such a payment being proposed, a detailed breakdown of the components (for example redundancy, pension, pension strain, voluntary payments, outstanding holiday, pay in lieu of notice and any other contractual payments) will be provided for councillors.’

These provisions were in accordance with the requirements of the Public Sector Exit Payment Regulations 2016.

The Council considered a report setting out the proposed payments that the Council was required to make in respect of the redundancies of the two of the three remaining Heads of Service.  The report also set out the context in which these proposals were being made, namely the recent senior management restructure.

Councillors noted that net savings resulting from the restructure were £307,833.

In considering the proposals, the Council placed on record its grateful thanks to the two officers for their dedicated service to the Council over many years and wished them well in the future.

Upon the motion of the Leader of the Council, Councillor Paul Spooner, and seconded by the Deputy Leader of the Council, Councillor Matt Furniss, the Council,

RESOLVED:

That the proposed termination packages associated with the redundancies of the officers referred to in the report submitted to the Council, be approved.

Reason:

To enable a senior management team restructure.

To order the Common Seal to be affixed to any document to give effect to any decision taken by the Council at this meeting.

The Council

RESOLVED: That the Common Seal of the Council be affixed to any documents to give effect to any decisions taken by the Council at this meeting.