Agenda and minutes

Apologies for absence were received from Councillors Graham Ellwood, David Elms,  Liz Hooper, Michael Illman, Nigel Kearse, Dennis Paul, and Matt Sarti, and from Honorary Freeman Jen Powell and Honorary Aldermen Mrs C F Cobley, Sarah 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.

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 24 July 2018.

The Council confirmed, as a correct record, the minutes of the Council Meeting held on 24 July 2018, subject to the correction on page 1 of the agenda to show that the Mayor and Deputy Mayor were Councillors Mike Parsons and Richard Billington respectively, and that the minute number range should be CO19 to CO36 rather than CO20 to CO37.  The Mayor signed the minutes as corrected.

To receive any communications or announcements from the Mayor.

Royal British Legion Poppy Appeal

The Mayor referred councillors to his recent request for help with this year’s Royal British Legion Poppy Appeal by sparing an hour to sell poppies in the High Street on Saturday 3 November 2018. 

Guildford Young Carers Fund

The Mayor was delighted to announce that The County Club had selected the Guildford Young Carers Fund as their charitable cause for 2019. 

Guildford Community Lottery

The Mayor reminded councillors that the first Guildford Lottery draw would take place on 1 December 2018, with tickets going on sale from 30 October.

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

The Leader commented on the following matters:

(a)   The Executive would be submitting its comments on the public consultation on the Main Modifications to the Submission Local Plan by the end of the week, and these would be published on the Council’s website.

(b)   The announcement at the Conservative Party Conference of the removal of the HRA borrowing cap to enable the development of social housing.

To receive questions or statements from the public.

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

To hear questions from councillors of which due notice has been given.

(a)        Councillor Susan Parker asked the Leader of the Council, Councillor Paul  Spooner, the following question:

“In view of the publication of the housing need statistics by the Office of National Statistics, which indicate a demographic need for Guildford of 301 homes per year, would the Leader of the Council please make arrangements for the Council to review the Local Plan and amend it in order to reflect this new information? It is understood that this may require dialogue with the Inspector, but during the Examination in Public the publication of this information, and the need for consequential change, was discussed, acknowledged and agreed.  Can we therefore act accordingly?”

The Leader of the Council’s response was as follows:

“Regarding arriving at a figure for the Borough’s Housing need, it is important to distinguish between methods for establishing this need and which of the two is applicable to Guildford’s Submitted Local Plan:

1.     The first method is based on establishing need under the transitional provisions of the NPPF (or old methodology), which is the basis upon which the Local Plan was submitted and is being examined;

2.     The second is based on establishing need according to Government’s new standard method for calculating housing need, which does not apply to the submitted Local Plan.

The new household projection figures, released by ONS are of course relevant to consider in both circumstances as they result in a lower demographic starting point for calculating housing need, but would not necessarily feed through to the same housing need figure due to the variance in approaches. It would thus be grossly unfair to claim that the housing need figure that we put forward in our submission Local Plan was wrong, by quoting a different need figure, which relies on a totally different methodology – a methodology that is increasingly being called into question.    

You will remember GBC had chosen to progress the plan making use of the transition provisions, i.e. using the old methodology in part because the proposed new methodology was predicting an OAN figure of 752, which was significantly higher than the 654 contained in the submission plan.  

The issue being raised now is, given the latest household projections and applying Government’s new standard method, Guildford’s OAN would fall to 431.   Therefore, the argument runs it is beneficial to Guildford to apply the standard method and not the old methodology under the transitional provisions of the NPPF, as this will reduce the need to allocate so much residential development in the green belt.   

As ever with OAN, the situation is not straightforward. 

First, with regard to the emerging Local Plan, GBC are reviewing the implications of the projections for housing need under the old methodology. In this regard, the inspector has offered ‘the Council an opportunity to comment on the latest version of the Household Projections and their implication for OAN. The related population projections were of course discussed in the hearings.’  GL Hearn are currently considering the implications of these  ...  view the full minutes text for item CO43

The Council was reminded that the remit of each Executive Advisory Board (EAB) was aligned to themes in the Council’s Corporate Plan and set out in their Terms of Reference.  As reported at the Selection meeting held on 15 May 2018, the Council had agreed that it was necessary to review the remits of the EABs to reflect the three fundamental themes of Place-Making, Community, and Innovation, which formed the basis of the newly adopted Corporate Plan 2018-2023 and which differed from those in the previous Corporate Plan.  Accordingly, on 24 July 2018, the Council considered a report on proposed changes to the names and remits of the EABs and had agreed that the Borough, Economy and Infrastructure EAB be renamed the Place-making and Innovation EAB and the Society, Environment and Council Development EAB be renamed the Community EAB.  The Terms of Reference of the EABs were amended to reflect the changes.

That report had also advised that officers would be drawing together options, including the merits of a single EAB going forward, for consideration by the Council at this meeting in the light of feedback from the Local Government Association (LGA) corporate peer review in December 2017 and the Council’s governance reviews in recent years.

The Council considered a report on those options, which were as follows:

1.        To disband the existing EABs and establish one overarching EAB making greater use of existing powers to establish  task groups to look at specific issues and projects relating to the delivery of the nine strategic Corporate Plan priorities.

2.        To disband the existing EABs and establish topic based advisory boards to be commissioned directly by the Executive as and when required.

3.        To make no change to the current arrangements.

The Deputy Leader of the Council, Councillor Matt Furniss, proposed, and the Leader of the Council, Councillor Paul Spooner seconded, the adoption of the following motion:

“That, before any decision is taken in respect of the future of the Executive Advisory Boards, the Council agrees to establish a cross party task and finish group of nine councillors, comprising five Conservative councillors and one councillor from each of the other four groups, whose terms of reference shall be:

(a)  to review the existing governance arrangements in relation to the Executive Advisory Boards and to discuss available options to improve those arrangements, including the proposal for a single Executive Advisory Board; and following that review

(b)  to make recommendations as appropriate to the Council at its meeting on 6 February 2019.”

Following the debate on the motion, Councillor David Goodwin proposed, and Councillor Angela Gunning seconded the following amendment:

Substitute “eight councillors” in place of “nine councillors, comprising five Conservative councillors and one councillor from each of the other four groups”.  The motion, as amended, would read as follows:

“That, before any decision is taken in respect of the future of the Executive Advisory Boards, the Council agrees to establish a cross party task and finish group of eight  ...  view the full minutes text for item CO44

The Council received the report of the proper officer (Democratic Services Manager) on the review of the allocation of seats on committees consequent upon Councillor Bob McShee’s resignation from the Conservative Group on 30 August 2018.

The Council noted that, on 20 September 2018, Councillors McShee and Rooth gave notice in writing to the proper officer of their wish to form a political group, namely the “Independent Group”, of which Councillor Rooth was the group leader.

The political balance on the Council was now:

Conservatives: 32

Liberal Democrats: 9

Guildford Greenbelt Group: 3

Labour: 2 

Independent Group: 2

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 Council agreed to take a recorded vote in respect of the motion being proposed.

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 the calculation of numerical allocation of seats on committees to each political group as set out in Appendix 1 to the Order Paper circulated at the meeting, and summarised below, be approved.

Reasons:

·        To comply with Council Procedure Rule 23 of the Constitution in respect of the appointment of committees

·        To enable the Council to comply with its obligations under the Local Government and Housing Act 1989 in respect of the political proportionality on its committees.

Recorded Vote:

The result of the recorded vote taken on the motion was 23 councillors voting in favour, 4 against, and 13 abstentions, as follows:

The Council considered a report on a number of proposed revisions to the Public Speaking Procedure Rules in Part 4 of the Constitution, which had been proposed in order to improve clarity and consistency, and in particular to address issues on which the Rules were silent. 

The review had also proposed some amendments to the Council’s Petition Scheme, in order to address data protection issues arising from the introduction of the General Data Protection Regulation, and to make provision within the Scheme for the separate procedures for dealing with petitions by the new Guildford Joint Committee.

Details of the proposed amendments to Public Speaking Procedure Rules and Petition Scheme were set out, by way of tracked changes, in Appendix 1 to the report submitted to the Council.

The proposals had also been considered by the Corporate Governance and Standards Committee at its meeting on 20 September 2018.  The Committee had supported the proposed amendments.

The Deputy Leader of the Council, Councillor Matt Furniss, proposed, and the Deputy Mayor, and Chairman of the Corporate Governance and Standards Committee, Councillor Richard Billington seconded the adoption of the following motion:

“That the proposed revisions to the Council’s Public Speaking Procedure Rules and Petition Scheme, as set out in the report submitted to the Council and at Appendix 1 thereto, be adopted.”

Following the debate on the motion, Councillor Tony Rooth proposed, and Councillor Bob McShee seconded the following amendment:

“That, before any decision is taken in respect of the proposed revisions to the Council’s Public Speaking Procedure Rules and Petition Scheme, the Council agrees to establish a cross party task and finish group (including the Independent Group) of up to eight councillors, whose terms of reference shall be:

(a)         to review the Public Speaking Procedure Rules generally and in particular:

(i)    whether public speakers should be limited to 3 minutes each 

(ii)   whether use of visual aids should apply across all committees 

(iii) whether a member of the public should only be allowed to ask one question at a meeting 

(iv) whether a maximum total of 6 public speakers on one agenda item be allowed at all committees 

(v)   the approach to petitions to the council now that the Guildford Joint Committee will accept petitions with 30 signatories or more 

and, following that review

(b)     to make recommendations as appropriate to the Council at its meeting on 6 February 2019.”

The Council agreed to take a recorded vote in respect of the amendment being proposed.

The result of the recorded vote taken on the amendment was 5 councillors voting in favour, 27 against, and 8 abstentions, as follows:

The Council considered a report on the proposed appointment of an Independent Remuneration Panel (IRP) to conduct the next full review of the Scheme of Councillors’ Allowances in the summer of 2019 following the Local Elections.

In 2015, the membership of the IRP had been refreshed and a comprehensive review of councillor allowances had been undertaken with findings and recommendations reported to Council on 10 February 2016.  At that meeting, the Council adopted the current Scheme of Allowances and determined that the allowances would be adjusted annually in line with the percentage increase in staff salaries until 2019, at which time the Scheme would be reviewed again by the IRP. A suggested timescale for the formal appointment of the IRP and undertaking the next review of the Scheme was set out in the report.

The 2015 IRP had comprised three independent persons, which was the minimum number required under the Regulations. The three existing members had confirmed they were willing to remain on the IRP for the 2019 review of allowances, subject to the Council’s approval. 

Following publication of the Council agenda, a résumé on each of the three current members of the Independent Remuneration Panel had been circulated to all councillors, and a copy placed in the Members’ Room.

All three candidates had confirmed that they remained qualified to serve in this capacity as set out in the Regulations.

In order to ensure that the IRP remained quorate during the review, it was proposed that the Council should advertise for up to two additional IRP members. 

Upon the motion of the Deputy Leader of the Council, Councillor Matt Furniss, seconded by the Lead Councillor for Finance and Asset Management, Councillor Nige Manning, the Council

RESOLVED:

(1)     ThatMichael Burke, Vivienne Cameron, and Susan Tresman be appointed to the Council’s Independent Remuneration Panel for a further period of four years commencing with the 2019-20 municipal year.

(2)   That the Democratic Services Manager be authorised to advertise for candidates from the general public and a wide range of organisations, including the local business community and voluntary organisations for up to two additional members of the IRP to serve for a period of four years and conduct the next review of borough councillors’ allowances and the review of parish allowances within the Borough.

(3)  That the Democratic Services Manager, the Lead Councillors for Infrastructure & Governance and Finance & Asset Management, and the Director of Finance, be authorised to shortlist, interview, and recommend for selection up to two nominees for appointment to the IRP.

(4)   That the proposed timetable for appointment of the IRP and review of allowances set out in paragraph 4.11 of the report submitted to the Council, be approved.

(5)   That the honorarium to be paid to each Panel member in respect of their four-year term of office remains unchanged at £500.

(6)   That the IRP elects its own Chairman.

Reason:

In order to comply with the requirements of The Local Authorities (Members’ Allowances) (England) Regulations 2003 (as amended).

Motion to be proposed by Councillor Tony Rooth:

“This Council fully supports the principles underlying the Local Government Transparency Code.  The three key principles are democracy, accountability, and transparency which includes the requirement that all data held and managed by the Council should be made freely available in a manner which is demand-led, open, and timely to enable local people to contribute to the local decision making process and help shape public services.

In order to ensure that the Council is meeting its important obligations in this regard, the Council agrees to the establishment of an external independent review of the Council’s compliance with the Code and its principles reporting back to Overview and Scrutiny Committee and then the Executive by 31 January 2019 at the latest in order to give time for the review's findings to be taken into account in the 2019-20 Budget.” 

In accordance with Council Procedure Rule 11, Councillor Tony Rooth proposed, and Councillor Bob McShee seconded, the adoption of the following motion:

“This Council fully supports the principles underlying the Local Government Transparency Code. The three key principles are democracy, accountability, and transparency which includes the requirement that all data held and managed by the Council should be made freely available in a manner which is demand-led, open, and timely to enable local people to contribute to the local decision making process and help shape public services.

In order to ensure that the Council is meeting its important obligations in this regard, the Council agrees to the establishment of an external independent review of the Council’s compliance with the Code and its principles reporting back to Overview and Scrutiny Committee and then the Executive by 31 January 2019 at the latest in order to give time for the review's findings to be taken into account in the 2019-20 Budget.”

Following the debate on the motion, it was put to the vote and was lost.

Motion to be proposed by Councillor Nils Christiansen:

“This Council considers that the long term health and wellbeing of our residents is a priority. We are fortunate that Guildford residents are already amongst the healthiest and longest lived in the country, but our ambition is higher. Simply put, we want our residents to lead the longest, healthiest, and happiest lives they can, which we will measure by comparing our population health outcomes with the best in the world.

We recognise the important role of a well-functioning health system in achieving this, but understand that the wider determinants of health are ultimately more important in achieving improved population outcomes. These can often be heavily influenced by the day-to-day decisions we all make. To achieve significant change we need both an integrated approach to health and care, and a system-wide focus on the wider determinants of health.

In order to achieve this, the Council resolves to ensure that due consideration is given in all decision making as to how any decision will promote and support the improved health and wellbeing of residents.”

In accordance with Council Procedure Rule 11, Councillor Nils Christiansen to proposed, and Councillor Alexandra Chesterfield seconded, the adoption of the following motion:

“This Council considers that the long term health and wellbeing of our residents is a priority. We are fortunate that Guildford residents are already amongst the healthiest and longest lived in the country, but our ambition is higher. Simply put, we want our residents to lead the longest, healthiest, and happiest lives they can, which we will measure by comparing our population health outcomes with the best in the world.

We recognise the important role of a well-functioning health system in achieving this, but understand that the wider determinants of health are ultimately more important in achieving improved population outcomes. These can often be heavily influenced by the day-to-day decisions we all make. To achieve significant change we need both an integrated approach to health and care, and a system-wide focus on the wider determinants of health.

In order to achieve this, the Council resolves to ensure that due consideration is given in all decision making as to how any decision will promote and support the improved health and wellbeing of residents.”

Following the debate on the motion, it was put to the vote and was carried.

To receive and note the attached minutes of the meetings of the Executive held on 17 July and 28 August, and the special meeting held on 4 September 2018.

The Council received and noted the minutes of the meetings of the Executive held on 17 July, 28 August, and 4 September 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 on the grounds that they involve the likely disclosure of exempt information, as defined in paragraph 3 of Part 1 of Schedule 12A to the Act”. 

Upon the Motion of the Mayor, Councillor Mike Parsons, seconded by the Deputy Mayor, Councillor Richard Billington, 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 items of business on the grounds that they involved the likely disclosure of exempt information, as defined in paragraphs 1 and 4 of Part 1 of Schedule 12A to the Act.

In accordance with the requirement of paragraph 2 of the Responsibilities and Powers of the Managing Director/Head of Paid Service in the scheme of delegation to officers in Part 3 of the Council’s Constitution, the Council received a report on the use of urgent powers exercised by the Managing Director on 10 September 2018 for the following purposes:

(a)   agreeing a virement of £1.4 million from the approved capital contingency fund (FS1) to the approved budget (Scheme P9c) for the acquisition of a town centre property; and

(b)   authorising the Director of Community Services,  in consultation with the Director of Environment and Lead Councillor for Finance and Asset Management to complete the acquisition.

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

RESOLVED:  That the urgent action taken by the Managing Director, as described in the report submitted to the Council, be noted.

Reason(s) for Recommendation:

To comply with the requirement of paragraph 2 of the Responsibilities and Powers of the Managing Director/Head of Paid Service in the scheme of delegation to officers in Part 3 of the Council’s Constitution.

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

RESOLVED:  That the update report from the Director of Finance be noted.

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.