Agenda and minutes

Apologies for absence were received from Councillors Liz Hogger, Diana Jones, Steven Lee, Susan Parker, John Redpath, and James Walsh, and also from Honorary Aldermen Catherine Cobley, Jayne Marks, Terence Patrick, Tony Phillips, Lynda Strudwick, and Jenny Wicks.

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 disclosable pecuniary interests.

Councillor Catherine Young declared a non-pecuniary interest in respect of Agenda Item 9 - Community Governance Review: Parish of West Horsley (see Minute No. CO36 below).  Councillor Young was a member of West Horsley Parish Council.

To confirm the minutes of the extraordinary meeting of the Council held on 9 June 2022.

The Council confirmed, as a correct record, the minutes of the extraordinary meeting held on 9 June 2022. The Mayor signed the minutes.

To receive any communications or announcements from the Mayor.

The Mayor reported that he had had the privilege of visiting the Specsavers Youth Games, The Surrey School Games Summer Festival and Surrey Scoutabout where scores of young people had participated in numerous activities.

The Mayor had also attended the Joint Armed Forces Day Service at the Cathedral to recognise the contribution of the Armed Forces and Service Charities which supported serving and ex-serving members of the Armed forces, Cadets and Veterans. 

Earlier this month the Queen’s Baton Relay for the Commonwealth Games visited Guildford and the Mayor was very pleased to have attended Newlands Corner to welcome the team before seeing it on its way.

The Mayor was pleased to report that the Mayoress’ Ladies Sparkling Afternoon Tea which included a visit to the Chained Library at the Royal Grammar School had been a sell-out and all the ladies who attended had a most enjoyable afternoon and a significant sum had been raised for the Mayor’s Charities. The Mayor thanked those Councillors who were able to attend. 

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

The Leader of the Council thanked council staff, the Surrey Fire and Rescue Service, and others across the borough who had helped us to deal with the effects of the recent unusually hot weather.

The Leader reported that Guildford had now welcomed nearly 350 Ukrainian guests into 180 sponsors’ homes across the borough, visas had been issued to another 200 who were expected to arrive over the coming weeks.  Officers across the Council had continued to inspect host properties, conduct DBS checks, deliver welcome payments, and provide welfare support to guests and host families.

The Leader also reported on the recent launch of the discretionary rebate scheme to sit alongside the main Council Tax energy rebate scheme.  The original scheme had focused on Band A- D properties but funding had been received to provide additional support for those in larger properties struggling with the cost of living.  Further details including the eligibility criteria were available on the Council’s website.

As part of a Safer Guildford Partnership initiative, an updated Guildford Town Centre Public Space Protection Order had been made to make residents and visitors feel even safer in the town centre.  This Order empowered the Police and some Council officers to tackle anti-social behaviour including confiscation of alcohol and legal highs, as well as issuing fines of up to £1,000 for breaches of the Order.

The Leader was pleased to announce that the Castle was now open for visitors from 27 July until October 2022.

Finally, the Leader expressed his thanks and best wishes to Claire Morris, Director of Resources after nine years of exceptional service to the Council and residents of the borough.

To receive questions or statements from the public.

In his capacity as a resident of Edgeley Park, Farley Green, Mr Bob Hughes (County Councillor for the Shere Division) asked the Lead Councillor for Environment, Councillor James Steel, the question set out below. Councillor Steel’s response to each element of the question is set out in red type below.

“In relation to Edgeley Park in Farley Green, where I own a lodge, but I am not affected by any of the current problems,to ask the Lead Councillor for Environment,

In the long history of Edgeley Park being licensed for recreational use, is the Council satisfied that the requirements of the current licenses and planning consents issued by Guildford Borough Council are being observed?

Thank you for your questions about Edgeley Park which I know other residents and you have recently raised with Council Officers. The Council is satisfied that the site is correctly licensed as a recreational caravan site and monitoring visits have been conducted to ensure compliance with site conditions, including that occupiers have alternative addresses.

The most recent planning enforcement case, which was an allegation that the site was being used as a primary residence in breach of the planning condition, was closed in 2017 after there was no evidence of any breach of planning control. The Manager of the Park was contacted and provided the Council with a substantial amount of evidence to suggest that the management company, Haulfryn, take the matter seriously and do as much as possible to ensure that the requirements of the condition, and the terms of their site licence, are met. The case officer also visited the site and inspected the database of lodge owners' documents confirming their alternative primary residence.

After I made the Council aware of the imminent change in ownership of Edgeley Park to a new company Haulfryn Ltd on 16^th May, what actions and due diligence has the Council undertaken in relation to the new company? Have site licenses Nos: 2450 and 963 now been transferred to Haulfryn Limited?

At this time, we do not have a site transfer request and it is the company’s duty to advise the Council of these changes.

Has the Council consulted Albury Parish Council about this change of ownership in light of the many complaints made to them about the running of Edgeley Park?

There is no duty to consult on change of ownership applications at this or other sites.

Is the Council aware that during the last 2 years there have been over one hundred notices issued by Haulfryn companies’ alleging breaches and threatening eviction, and that these notices have no basis in law? Is the Council also aware that many of these notices have been issued to owners who are elderly and vulnerable?

I am aware that you discussed this matter at your recent meeting with officers. The Council is aware of letters being sent to residents about compliance with site licence conditions. Investigations have shown that eviction notices and notice periods were all correct  ...  view the full minutes text for item CO33

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

(a)       Councillor Catherine Young asked the Lead Councillor for Climate Change, Councillor Cait Taylor, the question set out below. (Councillor Taylor’s response to each element of the question is set out in red type below.)

“Would the Lead Councillor for Climate Change please update the Council on the following?

1. How is the Council's Climate Change Action Plan progressing and when are we likely to see a draft for consideration?

The Council recently filled the vacant role with a dedicated Climate Change Officer to develop a Climate Change Action Plan (CCAP).  We have already met with Council officers and climate interest groups within Guildford towards building an holistic, achievable and robust CCAP. We are currently at the data gathering phase of putting the plan together. We have received the 2020-21 Carbon Emissions for the Council and we are co-ordinating our internal service areas to centralise the reporting of climate related projects and initiatives. We are also working to align the Action Plan with existing strategies from SCC (Greener Futures) and the Waverley Action Plan, while addressing the unique challenges that Guildford faces. Estimated draft would be available September – November depending on current findings and future initiatives. We have planned to present the draft to Executive in November therefore we are aiming to present first to the Climate Change Board at the autumn meeting.

2. Where are the Council in terms of Community Engagement with regard to Climate Change, and how are we working with Surrey County Council and Waverley to bring this forward urgently? Whatever we do now needs to include raising awareness and also mitigation.

We are currently in the process of writing a comprehensive Comms strategy in which engagement will feature.  This will be available for the Board to review in September. We are also working with Surrey to produce a collaborative comms strategy for the county.

3. The Climate Change Board's meetings remain ad hoc.  Please can these be set for the year ahead now that we have Nat Prodger (Climate Change Officer) in place, so that attendance can be planned and necessary items placed on the agenda - we are all feeling the urgent need to move forward, especially with the issues of Climate Change so prominent in the news last week!

Meetings are booked for August and September and three further dates are currently planned for November, January, and March, and these will be finalised shortly.

4. How will the Lead Councillor for Climate Change ensure that Climate Change is given centre stage during the review of the Local Plan?

Responding to the climate change emergency is embodied in the national legislation and policies that guide the production of Local Plans.  Local Plans themselves are required to demonstrate how they have responded to environmental objectives as well as economic and social objectives within the Sustainability Appraisal that is a key document that supports the approach taken in the Local Plan. These objectives are contained within the Corporate Plan which reflects the Councils wider objectives  ...  view the full minutes text for item CO34

The Council considered a report which outlined the work undertaken by overview and scrutiny during the past municipal year and its future work programme as thus far developed. 

Decisions taken during the past municipal year under the ‘urgency’ provisions and the use of ‘call-in’ were also detailed within the report.  In 2021-22, two decisions had been taken under the urgency provisions of Access to Information Procedure Rules, call-in had been waived by the O&S Committee Chairman on one occasion and no Executive decisions had been called in.

The report had also been considered by the Overview and Scrutiny Committee at its meeting on 12 July 2022.  The Committee had commended the Annual Report to Council.

Upon the motion of Councillor Paul Spooner, seconded by Councillor Angela Goodwin, the Council

RESOLVED:

(1)     That thereport be commended as the annual report of the Overview and Scrutiny Committee for 2020-21.

(2)     That the current rules relating to call in or urgency provisions remain unchanged.

Reasons:

·       Article 8.2(d) of the Council’s Constitution required the Council’s Overview and Scrutiny Committee to report annually to Full Council on the work undertaken during the year, its future work programme, and amended working methods if appropriate. 

·       Overview and Scrutiny Procedure Rule 16(i), required the operation of the provisions relating to call-in and urgency to be monitored annually and a report submitted to Full Council with proposals for review if necessary.

Councillors were reminded that at its meeting on 9 February 2022, the Council had approved a request from West Horsley Parish Council to conduct a community governance review (CGR) in accordance with provisions of the Local Government and Public Involvement in Health Act 2007 (“the 2007 Act”) regarding a proposal to increase the maximum number of councillors to be elected to the West Horsley Parish Council from nine councillors to eleven councillors.

The Council considered a report setting out details of the representations received during the consultation period and the options open to the Council in making its formal response to the CGR.

Upon the motion of Councillor Tim Anderson, seconded by Councillor Christopher Barrass, the Council

RESOLVED: 

(1)    That, taking account of the statutory considerations, the Council agrees the outcome of the community governance review as follows: 

(a)    to increase the number of parish councillors to be elected to West Horsley Parish Council from nine to eleven with effect from the next scheduled parish council elections in May 2023; and

(b)    to make no other changes to:

           (i)       the parish of West Horsley or

                          (ii)       the electoral arrangements for West Horsley Parish Council.

(2)    That the Democratic Services and Elections Manager be authorised to make a community governance reorganisation order under Section 86of the Local Government and Public Involvement in Health Act 2007 to give effect to the decision approved in paragraph (1) above, together with all necessary incidental, consequential, transitional or supplementary provisions as may be required to give full effect to the order.

Reason:

To address the community governance request 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

·       is effective and convenient.

The Council noted that, at the meeting of the Corporate Governance and Standards Committee on 24 March 2022, an internal audit report prepared by KPMG into the effectiveness of the Committee had recommended, amongst other things, that the Council should consider amending the Committee’s terms of reference to:

(a)   include at the beginning a high-level Statement of Purpose, or summary of the Committee’s role in the Council’s framework of governance; and

(b)   add an explicit section on how the Committee is accountable to the full Council;

It was suggested by KPMG that formal arrangements should be in place for the Committee to demonstrate accountability for the adequacy of its performance to the full Council and, bearing in mind that performance would be assessed against how well the Committee discharged its responsibilities as set out in its terms of reference, it was felt that the opportunity could be taken to review the terms of reference as a whole, including consideration of KPMG’s recommendations referred to in (a) and (b) above. 

To that end, the Committee agreed that the Corporate Governance Task Group should review the terms of reference and report back to the Committee.

The Task Group considered this matter at its meeting held on 7 April 2022.  The proposed amendments to the Committee’s terms of reference, as recommended by the Task Group, were considered by the Corporate Governance and Standards Committee on 16 June 2022, and the Committee formally commended the amendments for adoption by the Council.

As the Committee’s terms of reference were also set out in Article 10 of the Constitution, it would also be necessary to incorporate those changes within Article 10.  The amendments to the terms of reference and to Article 10 were set out in the report submitted to the Council.

Upon the motion of the Vice-Chairman of the Corporate Governance & Standards Committee, Councillor Deborah Seabrook, seconded by the Chairman of that Committee, Councillor George Potter, the Council

RESOLVED: That the changes proposed to the terms of reference of the Corporate Governance and Standards Committee, as set out in Appendix 1 to the report submitted to the Council, and the changes proposed to Article 10 of the Constitution, as set out in Appendix 3 to the report, be adopted.

Reasons:

·       To ensure that the Committee’s terms of reference are updated and remain relevant.

·       To address KPMG’s recommendations in their internal audit report on the effectiveness of the Committee in respect of its terms of reference.

The Council received a report on the review of the allocation of seats on committees, which had been conducted due to the following events:

(a)   on 20 May 2022, Councillor Richard Billington passed away leaving a vacancy in respect of one of the two seats representing the Tillingbourne ward; and

(b)   on 4 July 2022, the proper officer (Democratic Services and Elections Manager) received notice in writing from Councillor Jan Harwood that, with immediate effect, he no longer wished to be treated as a member of the Conservative group and wished to be regarded as an independent member. 

Consequently, the political balance on the Council was now:

Guildford Liberal Democrats: 16

Residents for Guildford and Villages: 16

Conservatives: 8

Guildford Greenbelt Group: 4

Labour: 2 

Independent: 1

Vacancy:       1

Under Council Procedure Rule 23, whenever there was a change in the political constitution of the Council, the Council must, as soon as reasonably practicable, review the allocation of seats on committees to political groups.

The report included a suggested numerical allocation of seats on committees to political groups that would best meet, as far as reasonably practicable, the requirements for political balance for the remainder of the 2022-23 Municipal Year. 

Upon the motion of the Leader of the Council, Councillor Joss Bigmore, seconded by the Deputy Leader of the Council, Councillor Julia McShane, the Council

RESOLVED: That the numerical allocation of seats on committees to each political group on the Council, and to the single independent member, as set out below be approved for the remainder of the 2022-23 municipal year:

Councillors noted that, in July and August 2021, Guildford and Waverley Borough Councils had considered options for collaboration and had agreed to put in place governance arrangements for the partnership, and to create a Joint Management Team (JMT) comprising Chief Executive, Directors and Heads of Service. A Joint Appointments Committee (JAC) of three councillors from each council was established and in November 2021, both councils appointed Tom Horwood as the Joint Chief Executive.  The next phase of the appointment process was being conducted in two stages, Directors and then Heads of Service. The JAC had carried out the first stage of the appointments and had completed a recruitment process to appoint three Joint Strategic Directors.

Although the JAC could undertake and determine all aspects of the process for the appointment of the Joint Directors on behalf of the councils, statutory guidance issued by the Secretary of State under Section 40 of the Localism Act 2011, to which all councils must have regard required that any new senior appointment with a salary package of £100,000 or more required full Council approval.  In addition to this, any appointments to the statutory offices of Section 151 Officer or Monitoring Officer must be approved by the Full Councils of both authorities. Therefore, following the assessment process with candidates for the Joint Strategic Director roles the JAC, at its meeting held on 16 June 2022, had recommended the following appointments for confirmation by both councils:

(a)  Ian Doyle

(b)  Dawn Hudd

(c)  Annie Righton

The full Council could only make or approve the appointment where no well-founded objection had been made by the Leader on behalf of the Executive in accordance with the provisions of Part II of Schedule 1 of the Local Authorities (Standing Orders) (England) Regulations 2001. The Leaders had confirmed that no such objection had been made.

Separate to the appointments process, this Council was required to appoint a Section 151 Officer (Chief Finance Officer), in the light of the imminent departure of the current Director of Resources on 31 July. While the next phase of the Joint Management Team progressed, it was proposed that an interim joint appointment be agreed with the current Section 151 Officer within Waverley Borough Council, Graeme Clark to take effect from 1 August 2022.

The Council noted that, at its meeting on 19 July, Waverley Borough Council had also considered this matter and had resolved to appoint Ian Doyle, Dawn Hudd, and Annie Righton to the roles of Joint Strategic Directors.

Upon the motion of the Leader of the Council, Councillor Joss Bigmore, seconded by the Deputy Leader of the Council, Councillor Julia McShane, the Council

RESOLVED:

(1) To make the appointments of the three Joint Strategic Directors as follows:

(a)  Ian Doyle;

(b)  Dawn Hudd;

(c)  Annie Righton

(2)    To appoint Graeme Clark as Section 151 Officer from 1 August 2022.

Reasons for Recommendation:

(1)   To appoint permanent Joint Strategic Directors for Guildford and Waverley Borough Councils.

(2)  To appoint a Section 151 Officer as  ...  view the full minutes text for item CO39

To receive and note the attached minutes of the meeting of the Executive held on 28 April and 26 May 2022.

The Council received and noted the minutes of the meeting of the Executive held on 28 April and 26 May 2022. 

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.