Agenda and minutes

Apologies for absence were received from Councillors Andrew Gomm, Julia McShane, Marsha Moseley, Jo Randall, Iseult Roche, and Pauline Searle, and from Honorary Aldermen Mrs C F Cobley, 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 9 October 2018.

The Council confirmed, as a correct record, the minutes of the Council Meeting held on 9 October 2018. The Mayor signed the minutes.

To receive any communications or announcements from the Mayor.

The Mayor reported that the first Guildford Lottery draw took place on Saturday 1 December 2018, with 820 players buying 1,930 weekly tickets supporting 81 good causes.

Although that was a very good start, the Mayor hoped that before the end of the year the number of players might reach 1,000 with 2,500 tickets sold and 100 good causes supported.  The Mayor asked councillors to register with the Lottery, if they had not already registered, and also promote the Guildford Lottery amongst friends, colleagues and contacts.

The Mayor commented on how pleased he was by the level of support he had received for his charitable causes so far this year, especially for the new Guildford Young Carers Fund, although there was much work still to be done.  The Mayor invited councillors to attend a number of events in 2019, details of which were included on the flyer circulated to councillors before the meeting.

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

There were no communications from the Leader.

To receive questions or statements from the public.

Zöe Franklin addressed the Council in support of the motion referred to in agenda item 15.  The Leader of the Council, Councillor Paul Spooner responded to the representations.

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

(a)        Councillor Nils Christiansen asked the Leader of the Council, Councillor Paul Spooner, the following question:

“In light of the new policy S3 recommended by the Planning Inspector, and given the ongoing pressure from uncoordinated, speculative development in Guildford Town Centre, will the lead member please confirm that a Supplementary Planning Document (SPD) will be prepared for Guildford Town Centre once the Local Plan has been approved?  Assuming this is still the intention, please confirm:  

·        The intended geographical boundary of the SPD (will this be the area in the Town Centre Regeneration Strategy (TCRS))?

·        How the Council will ensure a masterplanned scheme can still come forward, if the area identified in the TCRS is not specifically allocated in the Local Plan?

·        That the uses in the TCRS are consistent with the Local Plan in all areas such that an SPD would actually be lawful?

·        The anticipated date when a Town Centre SPD will be available for public consultation?”

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

“Policy S3 is a general policy stating an intent on behalf of the Council to maximise the potential of the town centre and to contribute further development both commercial, retail and residential in a way that respects the character and views of the town and enhances the public realm.  It also requires that development proposals are coordinated and that individual sites are not considered in isolation.  There are further policies within the draft Local Plan - both allocations and general policies - that will be used to assess planning applications that come forward in the town centre.   The Council is also producing a Supplementary Planning Document (SPD) in relation to Strategic Views into and out of the town centre that will provide context for new major applications.

The Council’s approach to the regeneration of the Town Centre is based both on statutory planning documents and documents such as the Town Centre Regeneration Strategy (TCRS) that sit outside the planning system.  Policy S3 does not refer to the production of a Town Centre SPD.  Those town centre sites that are considered to be developable within the lifetime of the Plan have been included as allocations.  Those sites that have greater uncertainty will be progressed outside of the strategic plan.   It is key to understand that SPDs cannot allocate sites – that is new policy and outside the scope of an SPD.   If it was considered necessary to allocate additional sites in the town centre, this could only be achieved through a new Development Plan Document (DPD).  This is why reference is made in para 4.1.17 of the Main Modifications Plan to the possibility of a future Area Action Plan (a DPD).  Assuming it was decided to produce an Area Action Plan for the town centre, an area would need to be defined.  The town centre, as defined on the policies map, would be the obvious starting point; however, this excludes Woodbridge Meadows so a wider area could be contemplated. 

The allocations and designations  ...  view the full minutes text for item CO61

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 Colin Cross’ resignation from the Liberal Democrat Group on 30 October 2018.  On 15 November 2018, the proper officer received notice in writing from Councillor Cross of his wish to join the Independent Group. In a separate notice received on the same date, Councillor Tony Rooth, as group leader, gave notice in writing to the proper officer of their wish to form a political group, confirmed that the name of the  Independent Group had changed to “The Independent Alliance”.

The political balance on the Council was now:

Conservatives: 32                    

Liberal Democrats: 8                

Guildford Greenbelt Group: 3   

Independent Alliance: 3            

Labour: 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, together with any amendments.

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

That the Council approves the calculation of numerical allocation of seats on committees to each political group for the remainder of the 2018-19 municipal year, as set out in Option 1 (Appendix 3 to the report submitted to the Council), and summarised below:

Following the debate on the motion, Councillor Tony Rooth proposed, and Councillor Colin Cross seconded the following amendment (No.1):

“In Option 1:

(a)   delete the proposed seat on the Place Making and Innovation EAB allocated to the Independent Alliance and allocate that seat instead to the Labour group;

(b)   delete the proposed seat on the Planning Committee to the Labour group and allocate that seat instead to the independent Alliance.”

Following the debate on this amendment, it was put to a recorded vote and was lost.

The result of the recorded vote taken on this amendment was 5 councillors voting in favour, 32 against, and 4 abstentions, as follows:

The Council received a report on its statutory duty to consider annually whether to revise its Local Council Tax Support Scheme (LCTSS), replace it with another or make no changes.  The Council was obliged to consult with interested parties if it wished to revise or replace the scheme.  In addition, the Council had to approve a scheme for the 2019-20 financial year by 31 January 2019.  

In 2018-19, a number of minor changes were made to the scheme.  For 2019-20, it was proposed to introduce the following changes, which could be met from within the existing revenue budget:

·        Increase Premiums to ensure that the help given does not unduly reduce due to inflation. 

·        Increase Non-Dependant Deductions to reflect an expectation that their contribution to the household expenses should increase each year.

·        Update Income and Capital Disregards to include “the London Emergencies Trust” and the ”We Love Manchester Emergency Fund”.  This mirrored the government’s change to the Pension Age scheme, and honoured the intention that help from these funds was to provide for exceptional circumstances.  It also ensured that claimants were treated consistently across all schemes.

A stakeholder consultation was held between 24 September and 22 October 2018, the results of which were set out in the report.  The results supported the proposed changes. 

Councillors noted that the Council continued to operate in a tough financial climate and that its medium term financial plan position remained challenging.  However, it was recognised that passing on further savings via the LCTS scheme in 2019-20 would place additional financial pressure on vulnerable households.  A discretionary hardship fund would help support any resident suffering adversely from the consequences of savings in welfare support over the past five years, in addition to the proposed changes for 2019-20. 

The Executive had considered the report at its meeting on 27 November 2018 and had endorsed the recommendation therein.

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 Nigel Manning, the Council

RESOLVED:

(1)         That the current Local Council Tax Support Scheme be amended for 2019-20, as set out in detail in Appendix 1 to the report submitted to the Council, with effect from 1 April 2019.

(2)         That the Council maintains a discretionary hardship fund of £40,000 in 2019-20.

Reasons:

(1)   To ensure that the Council complies with government legislation to implement a LCTS scheme from 1 April 2019.

(2)   To maintain a discretionary fund to help applicants suffering from severe financial hardship.

Councillors were reminded that neighbourhood plans were statutory development plans produced by parish/town councils or neighbourhood forums.  The Council considered a report on the West Horsley Neighbourhood Plan, which had been produced by West Horsley Parish Council for the West Horsley Neighbourhood Area (West Horsley parish).

To meet the requirements of The Neighbourhood Planning (General) Regulations 2012 (as amended) (“the Regulations”), the Council subjected the Plan to a six-week consultation and an examination, after which the Plan was amended in line with the recommendations of the examiner.  The Plan was then the subject of a referendum of qualifying voters within the neighbourhood area on 22 November 2018.  Nearly 96% of those voting at the referendum voted “Yes”.

By virtue of the Planning and Compulsory Purchase Act 2004 (as amended) and the Regulations, the Council must make (adopt) the Plan 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 the neighbourhood plan if it considered that to do so would be a breach, or would otherwise be incompatible with, any EU or human rights obligations.  Officers were of the view that making the Plan would not breach those obligations and that the Council must therefore decide whether or not to make the Plan.

Under recent changes to the Neighbourhood Planning Act 2017, the Plan formed part of the statutory development plan and carried full weight in planning decisions as soon as it was approved at a referendum, rather than when it was made. Applications for planning permission must be determined in accordance with the statutory development plan, unless material considerations indicated otherwise.

Upon the motion of the Leader of the Council, Councillor Paul Spooner, seconded by Councillor Jenny Wicks, the Council

RESOLVED: That the Council approves the West Horsley Neighbourhood Plan.

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 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 Councillor Matt Sarti, the Council

RESOLVED:

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

(a)   the number of parish councillors to be elected to East Clandon Parish Council be increased from five to six with effect from May 2019;

(b)   the number of parish councillors to be elected to West Clandon Parish Council be increased from six to eight with effect from May 2019; and

(c)   the recommendation contained in the respective terms of reference for each review that no other changes should be made to the electoral arrangements for East Clandon Parish Council and West Clandon Parish Council, be approved.

(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 to give effect to:

(i)       the  increase in the number of parish councillors to be elected to East Clandon Parish Council from five to six with effect from May 2019;

(ii)      the increase in the number of parish councillors to be elected to West Clandon Parish Council from six to eight with effect from May 2019; and

(iii)    all necessary incidental, consequential, transitional or supplementary provisions as may be required to give full effect to the order; and

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

Reason:

To ensure 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.

Councillors noted that the Gambling Act 2005 required the Council as licensing authority to prepare and publish a Statement of Principles every three years. The existing Statement of Principles was due for renewal by January 2019.

The 12 week public consultation approved by the Licensing Committee on 30 May 2018 had been conducted and details of the six responses received were set out in the report submitted to the Council which included, as an Appendix, the final version of the Statement of Principles for adoption by the Council.

The report and the draft Statement of Principles had been considered by the Licensing Committee at its meeting on 28 November 2018.  The Committee had recommended adoption of the Statement.

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

RESOLVED: That the Gambling Act 2005 Statement of Principles 2019-2022, as set out in Appendix 1 to the report submitted to the Council, be adopted with effect from 1 January 2019.

Reason:

To comply with the requirements of the Gambling Act 2005 the Council must prepare and publish a statement of principles for the period 2019-2022.

The Council considered a report on nominations received for election of Mayor and appointment of Deputy Mayor for the municipal year 2019-20.  The constitutional changes adopted by the Council as part of the review of the Civic Function in April 2014 in respect of the Mayoralty, provided that the Council would normally elect the Deputy Mayor appointed at the annual meeting of the Council as Mayor at the next succeeding annual meeting. 

Political group leaders had been asked to submit nominations in respect of the Deputy Mayoralty for 2019-20.  The only nomination received was Councillor Marsha Moseley.

Accordingly, the Council was asked to consider the nominations of Councillors Richard Billington and Marsha Moseley respectively for Mayor and Deputy Mayor in 2019-20, subject to the outcome of the Borough Council elections.  Councillor Billington left the meeting during the Council’s consideration of this matter.

Upon the motion of the Deputy Leader of the Council, and Lead Councillor for Infrastructure and Governance, Councillor Matt Furniss, seconded by Councillor Caroline Reeves, the Council

RESOLVED: That, subject to the outcome of the Borough Council Elections in May 2019,

(a)        the Deputy Mayor, Councillor Richard Billington be nominated for the Mayoralty of the Borough for the 2019-20 municipal year; and

(b)        Councillor Marsha Moseley be nominated for the Deputy Mayoralty of the Borough for the 2019-20 municipal year.

Reason:

To make early preparations for the selection of the Mayor and Deputy Mayor for the 2018-19 municipal year.

In accordance with Council Procedure Rule 11, Councillor Caroline Reeves to propose, and Councillor David Reeve to second, the following motion:

“This Council acknowledges that there is overwhelming evidence indicating that human activity has resulted in global climate change that threatens our future and those of generations to come. It is clear that we must all take significant steps to address our lifestyles immediately in order to slow and, in time, reverse this damage. In our position as a local authority, we have a crucial role to play in both leading by example and influencing the way that the residents and businesses of Guildford Borough live and work. 

This Council is proud of the work undertaken by Officers and Members in recent years to start to address the causes and impact of Climate Change in Guildford Borough and beyond. As a Council, we have already worked on improving air quality and have achieved high recycling rates. However, there is much more that needs to be done and the Council acknowledges that effective action to address these issues will take time to implement. We cannot expect residents to change their habits if we are not prepared to lead by example in the fight against climate change for the sake of everyone in the borough both now and in the future.

This Council therefore resolves to set up an officer-led working group, to include interested councillors, drawing on expert external advice to provide informed policy input and practical suggestions of issues that this Council can and should be addressing going forward. This working group should report to the Overview and Scrutiny Committee with the remit to make recommendations as appropriate to the Executive and Full Council”. 

In accordance with Council Procedure Rule 11, Councillor Caroline Reeves proposed, and Councillor David Reeve seconded, the adoption of the following motion:

“This Council acknowledges that there is overwhelming evidence indicating that human activity has resulted in global climate change that threatens our future and those of generations to come. It is clear that we must all take significant steps to address our lifestyles immediately in order to slow and, in time, reverse this damage. In our position as a local authority, we have a crucial role to play in both leading by example and influencing the way that the residents and businesses of Guildford Borough live and work. 

This Council is proud of the work undertaken by Officers and Members in recent years to start to address the causes and impact of Climate Change in Guildford Borough and beyond. As a Council, we have already worked on improving air quality and have achieved high recycling rates. However, there is much more that needs to be done and the Council acknowledges that effective action to address these issues will take time to implement. We cannot expect residents to change their habits if we are not prepared to lead by example in the fight against climate change for the sake of everyone in the borough both now and in the future.

This Council therefore resolves to set up an officer-led task group, to include interested councillors, drawing on expert external advice to provide informed policy input and practical suggestions of issues that this Council can and should be addressing going forward. This task group should report to the Overview and Scrutiny Committee with the remit to make recommendations as appropriate to the Executive and Full Council”. 

Following the debate on the motion, the Lead Councillor for Skills, Arts and Tourism, Councillor Nikki Nelson-Smith proposed, and the Lead Councillor for Innovation and Transformation, Councillor Gordon Jackson seconded the following amendment:

Substitute the following in place of the third paragraph:

“Recognising that the Innovation Strategy Board is already taking account of the most recent government policies and papers in the preparation of the Innovation Strategy, the Council resolves:

(1)   That the Innovation Strategy Board be asked to establish a task group to be chaired by the Lead Councillor for Skills, Arts and Tourism, and to include the Chairman of the Overview and Scrutiny Committee and other interested councillors, drawing on expert external advice to provide informed policy input and practical suggestions of issues that this Council can and should be addressing going forward.

(2)   That this task group be requested to report to the Overview and Scrutiny Committee and to make recommendations as appropriate to the Executive and Full Council”

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

In consideration of the substantive motion, the Council took a further vote and

RESOLVED: That the following substantive motion be adopted:

“This Council acknowledges that there is overwhelming evidence indicating that human activity  ...  view the full minutes text for item CO68

In accordance with Council Procedure Rule 11, Councillor Caroline Reeves to propose, and Councillor Nils Christiansen to second, the following motion:

“This Council notes that a draft Brexit deal has been agreed between the UK Government and the European Commission. We acknowledge that sovereignty on this matter lies with Parliament, but the nature of the final deal will have a significant and long lasting impact on all our residents. Guildford’s EU Referendum result was strongly in favour of Remain, as opposed to the narrow margin nationally in favour of Leave. Regardless of the outcome of the meaningful vote in Parliament, this Council resolves:

(1)   That the people should have scrutiny of what is being negotiated on their behalf and an opportunity to vote on the final Brexit deal, including the option to remain in the EU.

(2)   That the Leader of the Council be asked to write to the four MPs representing residents of this borough asking them to support a ‘People’s Vote’.”

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

“This Council notes that a draft Brexit deal has been agreed between the UK Government and the European Commission. We acknowledge that sovereignty on this matter lies with Parliament, but the nature of the final deal will have a significant and long lasting impact on all our residents. Guildford’s EU Referendum result was strongly in favour of Remain, as opposed to the narrow margin nationally in favour of Leave.

Regardless of the outcome of the meaningful vote in Parliament, this Council resolves:

(1)   That the people should have scrutiny of what is being negotiated on their behalf and an opportunity to vote on the final Brexit deal, including the option to remain in the EU.

(2)   That the Leader of the Council be asked to write to the four MPs representing residents of this borough asking them to support a ‘People’s Vote’.”

Following the debate on the motion, the Leader of the Council, Councillor Paul Spooner proposed, and the Deputy Leader of the Council, Councillor Matt Furniss seconded the following amendment:

(a)        Delete paragraph (1) of the proposed resolution within the motion

(b)        In paragraph (2), substitute the following in place of “support a ‘People’s Vote’”:

“note the main sentiments of the meeting, together with any specific concerns raised by councillors in the debate, including in particular, a request that they urge the Government to ensure that, whatever the outcome, local government services to our residents are safeguarded.”

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

In consideration of the substantive motion, the Council took a further vote and

RESOLVED: That the following substantive motion be adopted:

“This Council notes that a draft Brexit deal has been agreed between the UK Government and the European Commission. We acknowledge that sovereignty on this matter lies with Parliament, but the nature of the final deal will have a significant and long lasting impact on all our residents. Guildford’s EU Referendum result was strongly in favour of Remain, as opposed to the narrow margin nationally in favour of Leave.

Regardless of the outcome of the meaningful vote in Parliament, this Council resolves:

That the Leader of the Council be asked to write to the four MPs representing residents of this borough asking them to note the main sentiments of the meeting, together with any specific concerns raised by councillors in the debate, including in particular, a request that they urge the Government to ensure that, whatever the outcome, local government services to our residents are safeguarded.”

To receive and note the attached minutes of the meetings of the Executive held on 25 September and 30 October 2018.

The Council received and noted the minutes of the meetings of the Executive held on 25 September and 30 October 2018.

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.