Agenda and minutes

Apologies for absence were received from Councillors Adrian Chandler, Gillian Harwood, Christian Holliday, Bob McShee, and Iseult Roche and from Honorary Aldermen Mrs C F Cobley, Mrs C F P Griffin, J Marks and L Strudwick.

Councillor David Wright was also absent from the meeting.

To receive and note any disclosable pecuniary interests from councillors. In accordance with the revised 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 receive any communications or announcements from the Mayor.

Armed Forces Week: 19 – 24 June 2017

The Mayor reminded councillors that the flag raising ceremony would take place at the Guildhall on Monday 19 June at 12 noon, and that on Armed Forces Day itself, Saturday 24 June, ATC Pirbright would exercise its Freedom of the Borough with a parade through Guildford High Street stepping-off at 12.15pm.  There would be an inspection and short ceremony outside Holy Trinity Church before the parade continued to G-Live for a civic reception.

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

There were no communications from the Leader of the Council.

To receive questions or statements from the public.

Statements

The following persons addressed the Council meeting in respect of Minute No. CO26 – Proposed Submission Local Plan: strategy and sites (June 2017)

(1)         Andy Stallan (Director of WYG)

(2)         Steven Brown (Woolf Bond Planning to speak on behalf of Taylor Wimpey)  

(3)         Geoff Smith (Director of Planning DMH Stallard LLP on behalf of Ewbank’s, Burnt Common, Send)

(4)         Kevin Fulcher (on behalf of Homes for Surrey)

(5)         Alex Mackenzie Smith (President of the University of Surrey Students’ Union)

(6)         Andrew Procter (resident of Send)

The Leader of the Council responded to the statements.

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

There were no questions, on notice, from councillors.

Some of the documents, particularly Item 7(07) – Appendix H Maps are large files.  Smaller files which will be quicker to download are available on the Local Plan web page: http://www.guildford.gov.uk/newlocalplan/proposedsubmission

The Council considered the proposed Submission Local Plan: strategy and sites (2017) (“the draft Local Plan”), which outlined the spatial development strategy for the borough up to 2034. The draft Local Plan was structured around four central themes closely linked to the objectives of the Council’s Corporate Plan (2015-2020). Policies were grouped into one of the following categories: strategic, housing, protecting, economy, design, infrastructure and delivery.

The draft Local Plan had set out the quantum and location of development based on an evaluation of objectively assessed need (OAN) for new homes, employment and retail space and an assessment of whether this quantum of development could be provided in a sustainable way following consideration of other policy constraints.  The conclusion reached was that appropriate sustainable sites could be allocated within the plan to meet the OAN for both housing and employment.

The draft Local Plan was also concerned with the protection and enhancement of the local environment, the provision of appropriate infrastructure to support the planned growth of the borough and the promotion of sustainable transport.

The Council noted the significant changes made to the updated draft Local Plan (2017) compared to the Draft Guildford borough Local Plan: strategy and sites (June 2016).  The changes reflected consideration of representations received through the consultation process, changes in circumstances and changes to the evidence base.  These changes included a targeted reduction of 1,400 residential units (plus a further reduction in the buffer by approximately 600 units, bringing a net reduction of 2,000 units) as a consequence of the revisions to the Strategic Housing Market Assessment and a number of significant changes to site allocations.   Other changes included improvements to the drafting of text in the draft Local Plan to provide better clarity and consistency.  The Council was informed that the OAN could only be achieved if the necessary infrastructure improvements could be secured prior to development. 

The report to Council included the comments made by the Borough, Economy and Infrastructure Executive Advisory Board at its special meeting held on 20 April 2017. A copy of the draft minutes of the special meeting of the Executive held earlier in the day at which the proposed Submission Local Plan had been considered were attached, for noting, as Appendix 1 to the Order Paper circulated at the meeting.

Following advice from the Planning Inspectorate, the Council noted that it would be necessary to carry out a further “targeted” consultation specifically focussed only on the proposed changes to the plan in advance of submitting the document to the Secretary of State.  

It was proposed to consult on the draft updated Local Plan for six weeks commencing 9 June 2017.  Following this period, all comments and representations relating to changes made to the 2016 plan during the consultation period would be considered.  The Council would then consider any additional amendments deemed to be necessary to the plan and a decision taken on whether to consult further or to formally submit the plan to the Secretary of State.  ...  view the full minutes text for item CO26

Report to follow.

The Council was reminded that, following Sue Sturgeon’s retirement on 31 May 2017, James Whiteman had been appointed to succeed her as the Council’s Managing Director and Head of Paid Service with effect from 1 June 2017.

As part of the process of finalising Mr Whiteman’s employment contract in respect of his appointment, it became apparent that the Council’s procedures for dealing with disciplinary action, including dismissal, against the Council’s Head of Paid Service, Monitoring Officer, and Chief Finance Officer (known as “Relevant Officers”) required further clarification to bring them into line with accepted best practice in local government.

In 2015, and in response to requirements of The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 (“the 2015 Regulations”), the Council approved new arrangements for dealing with disciplinary action against a “relevant officer”, which were incorporated into Officer Employment Procedure Rules in Part 4 of the Constitution.

In essence, these arrangements provided that the power to approve the dismissal of a relevant officer may only be exercised by full Council and only after taking into account:

(a)   any advice, views or recommendations of a Panel, comprising of at least two Independent Persons appointed under section 28(7) of the Localism Act 2011,

(b)   the conclusions of any investigation into the proposed dismissal, and

(c)   any representations from the relevant officer

Whilst the 2015 Regulations dealt with the statutory process leading up to the decision by full Council to approve a dismissal, there was no adopted procedure for dealing with the earlier stages of the process, including:

(i)     the appointment of an independent investigator to look into allegations of misconduct,

(ii)    the submission of the independent investigator’s report, including their findings and recommendations, to a committee of councillors for the purpose of holding a hearing into the allegations, and

(iii)  actions that may be taken by the committee, including action short of dismissal and a process for dealing with appeals against such action.

The Council therefore considered a report which proposed to incorporate into Officer Employment Procedure Rules more detailed procedures for dealing with allegations of misconduct by the relevant officers and directors, and to amend the terms of reference of the Employment Committee to clarify its role in the process.

The report also proposed to clarify the constitution of the Independent Panel and existing officer delegations in respect of disciplinary action (including dismissal) of officers below Director level.

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, subject to formal consultation with the Relevant Officers and Directors and to the receipt of no well-founded objections,

(a)   the amendments to Officer Employment Procedure Rules, as set out in Annex 1 to the report submitted to the Council, be adopted; and

(b)   the terms of reference of the Employment Committee be amended as shown in Annex 2 to the report submitted to the Council.

(2)         That, in accordance with Section 102(4) of the  ...  view the full minutes text for item CO27

To order the Common Seal to be affixed to or the Director of Corporate Services, or in his absence the Managing Director, to sign on behalf of the Council, any documents to give effect to any of the decisions 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.