Agenda and minutes

To elect the Mayor for the municipal year 2021-22.

Upon the motion of Councillor Nigel Manning, seconded by Councillor Jo Randall, the Council unanimously

RESOLVED: That Councillor Marsha Moseley be elected Mayor for the municipal year 2021-22.

Councillor Richard Billington vacated the chair.

Having been invested with the Mayoral Chain of Office, Councillor Marsha Moseley made the statutory Declaration of Acceptance of Office and took the Oath of Allegiance. The Mayor then took the chair.

The Mayor asked the Council to record their appreciation of services rendered by the retiring Mayor, Councillor Richard Billington over the past two municipal years and invested him with the past Mayor’s badge.

To appoint the Deputy Mayor for the municipal year 2021-22.

Upon the motion of The Mayor, Councillor Marsha Moseley, seconded by Councillor Richard Billington, the Council unanimously

RESOLVED: That Councillor Dennis Booth be appointed Deputy Mayor for the municipal year 2021-22.

Having been invested with the Deputy Mayor’s Chain of Office, Councillor Dennis Booth made the statutory Declaration of Acceptance of Office and took the Oath of Allegiance.

Apologies for absence were submitted on behalf of Councillors Tim Anderson, David Bilbé, Andrew Gomm, David Goodwin, Gillian Harwood, and Steven Lee; Honorary Freemen Andrew Hodges, Jen Powell, and David Watts; Honorary Aldermen Mrs Catherine Cobley, Sarah Creedy, Jayne Marks, Terence Patrick, Lynda Strudwick, and Nick Sutcliffe; and the Honorary Recorder, His Honour Judge Robert Fraser.

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.

Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.

There were no disclosures of interest.

To confirm the minutes of the meeting of the Council held on 13 April 2021.

The Council confirmed, as a correct record, the minutes of the meeting held on 13 April 2021. The Mayor signed the minutes.

To receive any communications which the Mayor may desire to lay before the Council.

The Mayor formally welcomed to the meeting the three new borough councillors for the Friary and St Nicolas, Pirbright, and Send wards, namely Councillors Cait Taylor, Keith Witham, and Guida Esteves respectively.

The Mayor informed councillors that whilst, in normal circumstances, the Council would hold the traditional Civic Service on the Sunday following the Annual Meeting, this year the Service would be held at 10am on Sunday 12 September 2021. The Civic Secretary would be sending invitations to this event to councillors, Honorary Freemen, and Honorary Aldermen shortly.

The Mayor indicated that she was very much looking forward to the resumption of mayoral engagements across the borough, and was delighted that her first face-to face engagement as Mayor, would be the re-opening of the Sime Gallery at Worplesdon Memorial Hall on Sunday 23 May.  

Finally, the Mayor thanked the Guildford Baptist Church for kindly agreeing to host the meeting at relatively short notice, which was greatly appreciated.

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

The Leader expressed his pleasure in seeing councillors in person noting that this was another milestone on the road to recovery from the pandemic.  The gradual relaxation of restrictions had not yet resulted in unexpected consequence in our area and was pleased to see local businesses open and busy again.  The Leader urged residents to shop and eat locally in support of those businesses over the coming months.

The Leader noted that whilst the vaccination programme continued at pace locally with over 75,000 residents of the Borough having received their first vaccination and nearly 40,000 already enjoying the protection of a second dose, there were still a significant number of people who had not yet received an injection and urged everyone to remain vigilant and observant of current restrictions.

The Leader thanked the Returning Officer, the electoral services team, and many other officers from across the Council on the successful delivery of the very complex and challenging series of elections and referendums on 6 May 2021.

To receive the report of the Returning Officer upon the election of a Borough Councillor for each of the following wards held on Thursday 6 May 2021:

·       Friary and St. Nicolas

·       Pirbright

·       Send

            The Council received the report of the Returning Officer upon the election of Borough Councillors to the Friary and St Nicolas, Pirbright, and Send wards held on Thursday 6 May 2021.

The Mayor to announce the appointment of Chaplain for the municipal year 2021-22.

The Mayor announced the appointment of Reverend Canon Robert Cotton, Rector of Holy Trinity Church, Guildford, as her Chaplain for the 2021-22 municipal year.

To appoint the Honorary Remembrancer for the Borough for the municipal year 2021-22.

Upon the motion of the Mayor, Councillor Marsha Moseley, seconded by the Deputy Mayor, Councillor Dennis Booth, the Council unanimously

RESOLVED: That Mr Matthew Alexander be appointed Honorary Remembrancer for the municipal year 2021-22.

No questions or requests to make statements had been received from the public.

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

Councillor Catherine Young asked the Lead Councillor for Development Management, Councillor Tom Hunt, the following question:

“The LGA Peer review on Guildford’s planning process suggested that it would be appropriate to give a representative from our Parish Councils an automatic right to speak on major planning applications, in addition to ward councillors and public speakers.  This is normal for many boroughs, and given that each ward is no longer represented on our Planning Committee, this would help re-establish a local link so that local knowledge and information about planning applications can be shared and taken on board as part of the committee process.

In view of the scale of development proposed across our ward in Clandon and Horsley, a number of our Parish Councils have expressed concern that they may not get an opportunity to speak as the places are limited to those who are quickest off the mark in terms of booking a slot.

Given that some important planning issues are coming forward in the short term (e.g. Wisley and Garlick’s Arch), can I ask the Lead Councillor to ensure that planning procedures are amended with immediate effect, on a provisional basis subject to future ratification, to allow Parish Councils the automatic right to speak on each major application, to include windfall and applications proposing infilling?”

The Lead Councillor’s response was as follows:

“Councillor Young correctly observes that the LGA Peer Review did consider that, in view of the great interest parish councils take in planning in Guildford and their wish for a permanent slot in public speaking at the Planning Committee, possible changes be made to Committee procedures to allow for this.

The Peer Review recommendations (including recommendation 11: “Review public speaking opportunities for Parish councils and special interest groups”) are to be considered by the Planning Committee Review Working Group.  The Working Group’s recommendations will be referred to the relevant decision makers for consideration in due course. 

As the Lead Councillor for Development Management, I have no powers to amend Procedure Rules, either on a permanent or provisional basis.  Any proposed change in Public Speaking Procedure Rules arising from the Working Group’s deliberations would require formal approval from the full Council. 

However, as you are aware, there is provision within Public Speaking Procedure Rules (Rule 4 (b)) for a committee to suspend any of those Procedure Rules as regards any business at the meeting where its suspension is moved.  It is therefore possible, prior to consideration of an application before the Planning Committee, for a member of that Committee to move the suspension of Public Speaking Procedure Rules to allow a spokesperson from the relevant parish council to address the Committee in addition to any other public speakers who had registered to speak.  If the Committee agreed to the suspension, a parish council spokesperson (if present) would be invited to address the Committee in respect of that application”.

Councillor Tom Hunt

Lead Councillor for Development Management

The Council considered a report on the appointment of councillors to committees for the municipal year 2021-22. 

Details of the proposed committees and their respective size and terms of reference were set out in the report submitted to the Council, including details of the revised numerical allocation of seats on the committees to the political groups following the three by-elections held on 6 May 2021.  The report also included details of each group’s nominations to fill those seats (and substitutes where appropriate), together with the nominations for election of committee and sub-committee chairmen and vice-chairmen.  Details of the contested elections in respect of Committee Chairmen were set out on the Order Paper circulated at the meeting

Upon the motion of the Leader of the Council, Councillor Joss Bigmore, and seconded by the Deputy Leader of the Council, Councillor Jan Harwood, the Council:

RESOLVED:

(1)        That, for the municipal year 2021-22, the Council agrees to appoint the committees referred to in the table set out in paragraph 4.1 of the report submitted to the Council, and agrees their respective size referred to therein and the proposed terms of reference, as indicated in Appendix 1 to the report.

(2)        That the following numerical allocation of seats on committees to each political group on the Council, be approved for the 2021-22 municipal year:

(3)        That the nominations for membership and substitute membership (where applicable) of the committees, Executive Advisory Boards, and the Guildford Joint Committeefor the 2021-22 municipal year, be approved as set out and indicated below:

Corporate Governance and Standards Committee

Employment Committee

The Council noted that neighbourhood plans were development plans produced by parish/town councils or neighbourhood forums. Ripley and Ockham parish councils had produced the Lovelace Neighbourhood Plan covering the Lovelace Neighbourhood Area (Lovelace ward, which encompassed the parishes of Ripley, Ockham, and Wisley). Puttenham Parish Council had produced the Puttenham Neighbourhood Plan covering the Puttenham Neighbourhood Area (Puttenham Parish). Send Parish Council had produced the Send Neighbourhood Plan covering the Send Neighbourhood Area (Send Parish).

To meet the requirements of The Neighbourhood Planning (General) Regulations 2012 (as amended) (“the Regulations”), the Council held six-week consultations and arranged for an examination for each of the plans. The plans were then amended in line with the examiner’s recommendations and then subject to a referendum of local government voters within the respective neighbourhood areas on 6 May 2021. 

In response to the referendum question “Do you want Guildford Borough Council to use the Neighbourhood Plan for the [Lovelace or Puttenham or Send] Neighbourhood Area to help it decide planning applications in the neighbourhood area?” The following percentages of those voting voted “Yes”: Lovelace 82.33%, Puttenham 87.62% and Send 81.15%.

By virtue of the Planning and Compulsory Purchase Act 2004 (as amended) (“the Act”) and the Regulations, the Council must ‘make’ (adopt) the Plans as soon as reasonably practicable after the referendum is held and, in any event, not later than the last day of the period of 8 weeks from the day after the referendum. The Council did not need to make a neighbourhood plan if it considered that the making of it would be a breach, or would otherwise be incompatible with, any EU obligations (as incorporated into UK law) or any human rights obligations.  Officers were of the view that making the plans would not breach these obligations. The Council must therefore decide whether or not to make the relevant neighbourhood plans.

As a result of amendments to the Regulations, neighbourhood plans now formed part of the statutory Development Plan and carried full weight in planning decisions as soon as they were approved at a referendum, rather than when they are made by the Council at the final stage of the process. Applications for planning permission must be determined in accordance with the Development Plan unless material considerations indicate otherwise.

Upon the motion of the Deputy Leader of the Council, Councillor Jan Harwood, seconded by the Leader of the Council, Councillor Joss Bigmore, the Council:

RESOLVED: That the Council resolves to ‘make’ (adopt) the Lovelace, Puttenham and Send neighbourhood plans.

Reason:

To meet the requirements of the Planning and Compulsory Purchase Act 2004 (as amended) and The Neighbourhood Planning (General) Regulations 2012 (as amended)

The Council noted that its expenditure on goods, works, and services was approximately £50 million per annum and the Procurement Strategy adopted by the Executive on 26 May 2020 provided a strategic approach to sourcing in order to demonstrate best value and meet the requirements of the Public Contract Regulations 2015.

A need had been identified to update the Procurement Procedure Rules, which formed part of the Council’s Constitution, in line with the adoption of the Procurement Strategy and subsequent shift to strategic sourcing as the last substantial review of those Rules had been undertaken in 2016.

The Council considered a report which set out the proposed key changes to the Procedure Rules, a summary of which was as follows:

·       Update to threshold for procurement advice

·       Defining the role of Corporate Procurement Board

·       Update to Tendering thresholds

·       Updated exemption grounds

·       Specific inclusion of embedding Social Value

·       Specific inclusion of adopting Modern Slavery

·       Specific inclusion of Climate change considerations

By adopting the updated Procurement Procedure Rules, the Council would bring them in line with current practices and commit to delivering a robust approach to Commissioning and Procurement. Compliance with the Public Contract Regulations 2015 would be achieved, significant savings realised, and commercial opportunity maximised.

Upon the motion of the Leader of the Council, Councillor Joss Bigmore, seconded by the Lead Councillor for Economy, Councillor John Redpath, the Council:

RESOLVED: That the updated Procurement Procedure Rules, as set out in Appendix 1 to the report submitted to the Council, be adopted.

Reason:

The current Procurement Procedure Rules were last subject to a full review in 2016, there are therefore substantial changes and updates required in order to align with the Procurement Strategy adopted by the Executive on 26 May 2020.

Councillors were reminded that, at its meeting on 6 October 2020, the Council had considered a report on the outcome of a review by the Corporate Governance Task Group of the Councillors’ Code of Conduct, including the policy on acceptance of gifts and hospitality by councillors. 

As well as including a new requirement for the registration and declaration of certain non-pecuniary interests, the revised code made some significant changes to provisions on the acceptance of gifts and hospitality.  However, following the Council meeting on 6 October, officers identified an anomaly in the interpretation of this part of the Code, which required clarification. 

The Task Group had considered the matter again and had recommended some further remedial alterations to the Code, details of which were set out in the report submitted to the Council.

Upon the motion of Councillor Deborah Seabrook, seconded by Councillor Nigel Manning, the Council:

RESOLVED: That the proposed revisions to the Acceptance of Gifts and Hospitality section of the Councillors’ Code of Conduct, as set out in paragraph 4.10 of the report submitted to the Council, be adopted and implemented with immediate effect.

Reason:

To address and correct the anomaly in respect of acceptance of gifts and hospitality in the revised code of conduct agreed by the Council on 6 October 2020.

To receive and note the attached minutes of the meeting of the Executive held on 23 March 2021.

The Council received and noted the minutes of the meetings of the Executive held on 23 March 2021.

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.