Agenda and minutes

To receive apologies for absence.  

None

To adopt and sign as a correct record the public minutes of the meeting of the Executive held on 2 June 2006, (previously circulated). 

The public minutes of the Executive meeting held on 2 June 2006 were adopted and signed as a correct record. 

To receive any declarations of Personal or Personal and Prejudicial Interests in respect of items on the agenda for this meeting. 

In accordance with Part 2 of the Local Code of Conduct and the provisions of Standing Order 34, any Member with a personal interest must disclose the existence and nature of that interest to the meeting prior to the matter being debated.  Where that personal interest is also a prejudicial interest, then the Member must withdraw from the room in which the meeting is being held and not seek improperly to influence any decision about the matter unless he/she has obtained a dispensation from the Standards Committee.

Councillor Richard Farrell declared a personal interest in item 16 'Financial Outturn 2005/06' in so far as he used to work with the Council's external fund managers. (minute Ex.48 refers).  Councillor Bob Johnston declared a personal interest in item 23 'Draft Regional Spatial Strategy for the South West 2006-2026' as he was an employee of the Office of National Statistics that was surveying in Swindon (minute Ex.51 refers). 

To receive notification of any matters which the Chair determines should be considered as urgent business and the special circumstances which have made the matters urgent, and to receive any announcements from the Chair.

None

Any statements and/or petitions from the public under Standing Order 32 will be made or presented at the meeting. 

(Time: 2.31pm to 2.35pm)

The Executive received and considered a petition from Helen Gannicott of Manor Road, Wantage requesting the Council to review its decision to withdraw funding for a security firm to secure and lock the gates each evening at the Manor Road Recreation Ground in Wantage.  The petition contained 43 signatures.  It was accompanied by an explanatory letter and a subsequent e-mail to suggest a compromise of only locking the gates during the summer months to reduce the cost. 

The Executive also received and considered a briefing note from the Council's Parks Manager, which set out the reasons for the service being withdrawn.  The reason was an increase in costs which were considered unaffordable and this was one area where a saving could be made which caused only minor disruption for the Grounds Maintenance service.  The Executive was not minded to reverse the decision but instead considered that the local residents in Manor Road should be approached to see whether they would be willing to be the key holders to lock and unlock the gates. 

RESOLVED

that the local residents of Manor Road, Wantage be asked whether they wish to carry out the locking and unlocking of the gates at Manor Road Recreation Ground. 

Any questions from members of the public under Standing Order 32 will be asked at the meeting.

None

Call-In of Executive Decision – Internal Audit Plan 2005/06 Outturn

Improvements in the Internal Control Environment

In the 2005/06 Internal Audit annual report, which was considered by the Executive on 5 May (ref. 287/05), the Assistant Director (Audit) highlighted three areas of the internal control environment which needed to be improved:

(a)               The full implementation of the Debt Strategy, which is essential to achieving and maintaining robust control over debt [owed to the Council]

(b)               The review of the Council's risk registers following the senior management restructure and the production of business continuity plans

(c)               Improvements in reconciliation of income and the resolution & ownership of discrepancies

At its 18^th May meeting the Scrutiny Committee recommended that the Executive receives a progress report on each of these areas.  The Executive agreed to this recommendation. 

A progress report is attached.  Members are asked to note progress made to date in context.  The Chief Finance Officer is satisfied that the internal control environment is adequate.  As more of the outstanding actions are completed, so the control environment will further improve.  However, none of the outstanding actions are critical and should not displace service plan priorities.   

Recommendation

Members are asked to consider the progress made to date and indicate, if necessary, whether further action is required. 

Call-In of Executive Decision – Internal Audit Plan 2005/06 Outturn

Improvements in the Internal Control Environment

(Time: 2.35pm to 2.45pm)

In the 2005/06 Internal Audit Annual Report, which was considered by the Executive on 5 May 2006, the Assistant Director (Audit) highlighted three areas of the internal control environment which needed to be improved:

(a)               The full implementation of the Debt Strategy, which was essential to achieving and maintaining robust control over debt (owed to the Council)

(b)               The review of the Council's risk registers following the senior management restructure and the production of business continuity plans

(c)               Improvements in reconciliation of income and the resolution and ownership of discrepancies

At its 18^th May meeting the Scrutiny Committee had recommended that the Executive received a progress report on each of these areas.  The Executive agreed to this recommendation at its meeting on 2 June 2006. 

Appended to the Executive's agenda was a briefing note from the Strategic Director.  Members noted the progress made.  The Chief Finance Officer was satisfied that the internal control environment was adequate.  As more of the outstanding actions were completed, so the control environment would further improve.  However, none of the outstanding actions were critical and would not displace service plan priorities.  The Executive concurred with these conclusions.  Progress on the outstanding actions was noted as follows:

Notice of Motion – Referred from Council 17 May 2006

At its meeting held on 17 May 2006. the Council received the following motion and referred it to the Executive for determination:

Motion to be proposed by CouncillorPeter Saunders, seconded by Councillor Robert Sharp:

“This Council requests the Executive to reconsider how rural parishes can get fairer funding from the Vale for street cleansing and grass cutting”.

This item was deferred at the last meeting of the Executive on 2 June 2006 to allow the collation of further information to assist the Executive. 

To receive and consider the attached briefing paper of the Strategic Director. 

Notice of Motion – Referred from Council 17 May 2006

(Time: 2.45pm to 3.06pm)

At its meeting held on 17 May 2006. the Council received the following motion, proposed by CouncillorPeter Saunders and seconded by Councillor Robert Sharp, and referred it to the Executive for determination:

“This Council requests the Executive to reconsider how rural parishes can get fairer funding from the Vale for street cleansing and grass cutting”.

This item had been deferred at the last meeting of the Executive on 2 June 2006 to allow the collation of further information to assist the Executive. 

Appended to the agenda was a briefing note from the Strategic Director setting out the history of Parish Cleansing Grants and presented three options for Members' consideration:

·         Option 1: Status quo - continuation of the present scheme whereby Area Committees had discretion to award grants for street cleansing purposes out of their grants budget

·         Option 2: No further support - The Council could focus on its statutory duties, by withdrawing all support for Parish Council street cleansing, allowing individual Parish Councils to determine and finance their own arrangements.  Street cleansing would no longer be eligible for Area Committee grants

• Option 3: Centralising grants - if the Council wished to continue supporting Parish Council street cleansing it could centralise street cleansing grants so that each Area Committee’s available grant budget was not distorted

Councillor Peter Saunders was invited to address the Executive.  He reported that the West Area Committee had spent £4,000 of its budget on parish cleansing grants, only allowing grants of 25% of the requested amount.  If full grants were given, the Committee would have no funds to allocate to community groups.  He asked for information on the level of cleansing the Council's contractors were required to carry out.  For example, Shrivenham Parish Council was unsure of the frequency and level of cleaning that should take place and as such were unable to check it was carried out and unable to avoid any duplication.  He preferred option 3 above, thereby removing the parish cleansing grants from Area Committee budgets to allow them to support local community projects. 

Councillor Robert Sharp was also invited to address the meeting.  He also preferred option 3.  He believed that most parishes undertook their own street cleaning and the Council's contract with Cleanaway probably resulted in some duplication. 

Members considered that option 2 should be dismissed and considered that option 3 - centralising the parish cleansing grants - was too costly.  The Executive supported option 1, being the most affordable.  If parishes were not satisfied with the standards of the Council's contractor, they should approach the District Council.  However, the evidence showed that the contractor was carrying out its responsibilities.  The Scrutiny Committee would be looking at this in July and September 2006.  Members suggested that the West Area Committee could allocate grants of a smaller percentage and Parish Councils could encourage volunteer litter picks.  Alternatively, Parish Councils might consider raising their Parish  ...  view the full minutes text for item 40.

Members are requested to consider any significant budget variances and any requests for virement or permanent budget adjustment.

(Time: 3.06pm to 3.08pm)

The Executive received and considered requests to approve four permanent budget adjustments totalling £5,260 and noted that five supplementary estimates totalling £37,310 had been approved by the Strategic Director under delegated authority. 

RESOLVED    (by seven votes to nil)

that the permanent budget adjustments be approved, as set out in the agenda report. 

To receive the Forward Plan containing Executive decisions to be taken from July to October 2006. 

Recommendation

that the Forward Plan be received. 

(Time: 3.08pm to 3.08pm)

The Executive received the Forward Plan setting out Executive decisions to be taken from July to October 2006. 

RESOLVED

that the Forward Plan for July to October 2006 be received. 

The Local Area Agreement for Oxfordshire was due to be signed by the County Council by 30 June 2006.  An oral report will be made at the meeting. 

(Time: 3.08pm to 3.10pm)

The Local Area Agreement for Oxfordshire had been signed by the County Council and the Public Services Board in June 2006.  This included the affordable housing target.  Members noted that the agreement had not yet been signed by the Government Office for the South East. 

RESOLVED

that a report be submitted to the next meeting of the Executive on the implications of the Local Area Agreement for this Council. 

To note that the revised Comprehensive Performance Assessment (CPA) Action Plans (referred to at the last meeting in the Corporate Governance report) have been produced and are included in the Best Value Performance Plan.  The Best Value Performance Plan was due to be approved by 30 June 2006, under delegated authority.  

(Time: 3.10pm to 3.10pm)

It was noted that the revised Comprehensive Performance Assessment Action Plans, referred to at the last meeting in the Corporate Governance report, had been produced and were included in the Best Value Performance Plan.  The Best Value Performance Plan had been approved under delegated authority in June 2006. 

RESOLVED

that the inclusion of the revised Comprehensive Performance Assessment Action Plans in the Best Value Performance Plan be noted. 

To receive the attached Audit Commission report on Securing Improvement and invite the Strategic Director to bring back to a future meeting of the Executive a proposed response to its recommendations.  

(Time: 3.10pm to 3.14pm)

The Executive received the Audit Commission report on Securing Improvement.  This followed on from the Comprehensive Performance Assessment inspection on how the Council was improving and managing change.  Members thanked the senior officers involved in the audit and invited the Strategic Director to bring back to a future meeting of the Executive a proposed response to the recommendations. 

RESOLVED

that the Strategic Director be invited to bring back to a future meeting of the Executive a proposed response to the recommendations in the Audit Commission report on Securing Improvement. 

To receive the attached Audit Commission report on Performance Management and invite the Strategic Director to bring back to a future meeting of the Executive a proposed response to its recommendations.  

(Time: 3.14pm to 3.17pm)

The Executive received the Audit Commission report on Performance Management.  The report recognised the progress the Council had made but highlighted areas where the Council needed to translate its corporate aims into outcomes for service users or through its corporate documents.  Members recognised the importance of internal communications and welcomed the decision that an assistant was to be employed to help the Council's Communications Officer.  Members were also pleased to note that the revised Best Value Review methodology had be recognised and welcomed by the auditors.  Members considered that there was a need to engage staff in the Council's priorities and the need to manage performance. 

RESOLVED

that the Strategic Director be invited to bring back to a future meeting of the Executive a proposed response to the recommendations in the Audit Commission report on Securing Improvement. 

To receive and consider report 36/06 of the Strategic Director. 

Introduction and Report Summary

The Executive will be aware that the Housing Inspector carried out an inspection of the Council’s Affordable Housing Service during April 2006.

The Council has now received the final report from the Housing Inspector and a copy is available on the web site. This report summarises the findings of this report, and sets out the key messages for the Council as it seeks to drive forward continuous improvement.

The contact officer for this report is Paul Staines, Assistant Director (Housing & Community Safety) 01235-547621

Recommendations

That the Executive receive and note the findings of the Housing Inspector and

Request that the Assistant Director (housing and community safety) ensure that the recommendations of the inspector are incorporated into the service development plans for the housing service

Request that officers use the recommendations of the Inspector to drive service   developments across the Authority as part of the Council’s drive towards an improved CPA rating.

(Time: 3.17pm to 3.31pm)

The Executive received and considered report 36/06 of the Strategic Director regarding the inspection of the Council’s Affordable Housing Service during April 2006.  The Inspectors' final report had been received and was available on the Council's website. The report summarised the findings, and set out the key messages for the Council as it sought continuous improvement.

The Inspector awarded 'two stars' to the Council's Housing Service with uncertain prospects for improvement.  This was the first time that a service inspection in this authority had received a two star rating from the Audit Commission.  Members considered that it not only reflected well on the housing service but represented a major step forward on the Council’s journey towards being recognised as a 'Good Council' under the Comprehensive Performance Assessment.

The Inspector found much to praise in the affordable housing service:

·                     The Council had developed a significant amount of affordable housing with an appropriate mix of tenures and size

·                     There was a large volume of up to date research into housing needs and the condition of existing housing

·                     Housing applicants benefited from the first choice-based lettings system in the sub region

·                     Housing advice and the new banding system of housing allocations was being well used to prevent homelessness occurring

·                     The use of current housing stock and brown-field land was being optimised

·                     Face-to-face, telephone and internet access to the service was easy

However, the Housing Inspector concluded that although the service was a good one, it had some way to go to becoming an excellent service.  The Inspector concluded that the service had uncertain prospects for improvement.  He had uncertainties about the Council’s progress in some key corporate areas.

Although the Inspector praised the Council’s web based choice based lettings scheme and the Local Services Points, he was more critical of the way that the housing service engaged with its customers and the work it did to provide services for the full range of its clients.  Engagement and consultation with our clients was not as strategically driven as the Inspectors would like.  The Executive noted that the Communications Officer now drove the development of consultation mechanisms strategically and would be working across the authority to ensure that the concerns of the Inspector were addressed in Service Development Plans. 

The Inspector considered that at the time of the inspection, there was little evidence of being able to demonstrate value for money within the housing service and the Inspector was critical of the lack of the strategic approach across the Council.  Members noted that a best value review of housing services was due to take place in 2006, a review that would have addressed value for money as part of its remit.  However, this review had been delayed so that officers could prepare for the inspection.  Members noted that the officers believed that as the scope of the value for money reviews across the Council widened, the criticism of the Inspector would become less relevant.  In the meantime the delayed best  ...  view the full minutes text for item 47.

To receive and consider report 37/06 of the Strategic Director. 

Introduction and Report Summary

The report details, in accordance with the Corporate Planning Framework, the outturn position for 2005/06, subject to audit. 

The Contact Officer for this report is Steve Bishop, Strategic Director (& Chief Finance Officer), (01235 540332).

Recommendations

Members are requested to:

Note the overall outturn position of the Council as well as the outturn of individual service areas and cost centres; and,

Take into account the impact of the outturn position in the Integrated Service and Financial Planning process when setting the 2006/07 Revised Budget and 2007/08 Original Budget.

(Time: 3.31pm to 3.44pm)

(Councillor Richard Farrell declared a personal interest in this item and in accordance with Standing Order 34, he remained in the meeting during its consideration.) 

The Executive received and considered report 37/06 of the Strategic Director, which detailed the financial outturn position of the Council for 2005/06, subject to audit. 

The projected outturn showed a net underspend of £26,000, representing 0.25% of the revised budget.  Explanations of the individual variances were set out in Appendix B to the report.  The largest variance was benefit fraud grants.  However, it was noted that there was no one single area that consistently under or overspent by any significant amount year on year. 

The Strategic Director also explained the figures set in paragraph 5.1 of the report.  The reduced use of earmarked funds related to budgeting for major procurement exercises such as the waste strategy, the new bus pass scheme, the introduction of the Gambling Act, and a possible increase in contributions to the superannuation fund.  There were also contributions to the Building Control Trading Reserve and the Replacement Vehicle Reserve.  The reference to investment income was the underachievement by the Council's external fund managers.  It was noted that they had been out-performed by the internal fund managers.  Contingency referred to managed vacancies, budget carry forwards from 2005/06, an underspend on the Local Plan, as well as other miscellaneous schemes. 

Members welcomed the report and the level of detail contained within it.  The Portfolio Holder for Finance expressed his satisfaction with the report and its explanations. 

RESOLVED

(a)        that the overall outturn position of the Council as well as the outturn of individual service areas and cost centres be noted; and

(b)        that the impact of the outturn position in the Integrated Service and Financial Planning process be taken into account when setting the 2006/07 Revised Budget and 2007/08 Original Budget. 

To receive and consider report 27/06 of the Strategic and Local Planning Advisory Group and the recommendations of the Development Control Committee. 

MEMBERS ARE REQUESTED TO BRING TO THIS MEETING THE SUPPLEMENTARY PAPERS SENT WITH THE DEVELOPMENT CONTROL COMMITTEE AGENDA FOR THE MEETING HELD ON 3 JULY 2006.  THIS DOCUMENT WAS SEPARATELY STAPLED FROM THE MAIN AGENDA. 

(Time: 3.44pm to 3.57pm)

The Executive received and considered report 27/06 of the Strategic and Local Planning Advisory Group, together with the recommendations of the Development Control Committee on the Local Plan Supplementary Planning Guidance as set out in a tabled briefing note. 

The Strategic and Local Planning Advisory Group had considered the report in detail at its meeting on 26 June 2006.  The report set out comments received on the revised draft Supplementary Planning Guidance, recommending changes to parts of the guidance.  The Committee had agreed with these and added a few suggestions of its own.  Further to the briefing note, Members noted that:

• The Guidance for the major development site at Faringdon showed the linkages to all the footpaths and cycleways on the map referred to by the Faringdon Area Project.  It was accepted that there was no need to change it further
• The description of the topography of Grove Airfield should be amended further to "Although the land is generally flat, its highest section is in the southern part of the site and…"
• No change was needed to the Affordable Housing Guidance as reference to the sites owned or controlled by developers could remain as option agreements held by the Land Registry
• There had been a recent meeting between officers and the Housing Corporation, which said that it was not going to use the EcoHomes standard in the future but would require schemes to comply with the Code for Sustainable Homes.  The Guidance would be changed accordingly
• A complaint had been received from Levells, on behalf of Persimmon Homes and McCarthy and Stone, objecting to the way their representations had been summarised.  They wished that Members' attention was drawn to:

(i)         Levells believed that the Council had no basis for taking more than the value of free land.  However, the officers reported that Council's negotiations had been on the viability of the site as a whole, which could be more than the value of the free land.

(ii)        The requirement that intermediate rent levels should be no more than 150% of target rent levels did not take into account the affordability gap.  Smaller properties might receive a smaller percentage discount on the open market, compared to larger properties.  However, the officers reported that the Guidance said intermediate rents should generally be no more than 150% of target rents.  This gave flexibility if the Council was satisfied that there were sound reasons for accepting a higher rental figure.

(iii)       The original representation contained a model for calculating viability, which the developers wished to be included in the Guidance as they believed there was no clear basis to demonstrate the Council was being fair, reasonable and consistent in its approach to different sites.  However, the officers reported that there were other models to assess viability and did not have to be part of the Guidance.  An assessment would take place of the best model to use. 

Members agreed with the officers' conclusions  ...  view the full minutes text for item 49.

South Oxfordshire District Council has made an initial submission to the Department for Communities and Local Government expressing interest in the designation of Didcot as a growth point.  Designation could unlock additional funding for services and infrastructure which South Oxfordshire District Council feel would assist in making Didcot a more sustainable and self-contained community.  South Oxfordshire has not yet formally decided that it wishes to seek growth area status for Didcot as councillors do not want to commit themselves to such a significant decision without understanding the scale of Government investment that might be available.  The submission is caveated by two provisos that South Oxfordshire District Council will want to see met before taking a formal decision.  The provisos are:

i)          any decision to expand Didcot above the current level of growth proposed in the South East Plan must go through the proper planning process; and

ii)         the level of investment offered by Government must be sufficient to enable real inroads to be made into delivering the infrastructure that Didcot needs.

An increase of 1,500 dwellings above the current allocation of 3,000 dwellings for Didcot is proposed to meet the criteria laid down by Government for being designated as a new growth point.

Clearly this Council will need to be involved in the growth point bid.  At this stage it is not appropriate for this Council to say whether it supports the growth point bid or not as more information is needed as to what it would involve.  However, it is necessary for officers of this Council to work with officers of South Oxfordshire District Council to clarify the nature of the growth bid and the potential impact of the proposed increased levels of growth.  It is also suggested that members of the two Councils may wish to discuss together the implications of such a significant decision.  Nevertheless, the ultimate decision of whether to support the growth point bid must remain with each District Council separately.

Recommendation

that authority be delegated to the Deputy Director (Planning and Community Strategy) in consultation with the Executive portfolio holder for planning to set up an appropriate mechanism at officer and member levels to work with South Oxfordshire District Council to assess the implications of making a growth point bid for Didcot to the Department of Communities and Local Government. 

(Time: 3.57pm to 4.03pm)

South Oxfordshire District Council had made an initial submission to the Department for Communities and Local Government, expressing interest in the designation of Didcot as a growth point.  Designation could unlock additional funding for services and infrastructure which South Oxfordshire District Council felt would assist in making Didcot a more sustainable and self-contained community.  South Oxfordshire had not yet formally decided that it wished to seek growth area status for Didcot as its councillors did not want to commit themselves to such a significant decision without understanding the scale of Government investment that might be available.  The submission was caveated by two provisos that South Oxfordshire District Council would want to see met before taking a formal decision.  The provisos were:

i)          any decision to expand Didcot above the current level of growth proposed in the South East Plan must go through the proper planning process; and

ii)         the level of investment offered by Government must be sufficient to enable real inroads to be made into delivering the infrastructure that Didcot needs.

An increase of 1,500 dwellings above the current allocation of 3,000 dwellings for Didcot was proposed to meet the criteria laid down by Government for being designated as a new growth point.  This Council would need to be involved in the growth point bid.  However, more information was needed before a view could be given by this Council.  It was necessary for officers of the two Councils to clarify the nature of the growth bid and the potential impact of the proposed increased levels of growth.  It was also suggested that Members of the two Councils might wish to discuss together the implications of such a significant decision.  Nevertheless, the ultimate decision of whether to support the growth point bid would remain with each District Council separately.

The Portfolio Holder for Planning reported that he would keep the local Member for Harwell informed of this matter.  It was suggested that this should be extended to both local Members. 

RESOLVED

that authority be delegated to the Deputy Director (Planning and Community Strategy) in consultation with the Executive Portfolio Holder for Planning to set up an appropriate mechanism at officer and Member levels to work with South Oxfordshire District Council to assess the implications of making a growth point bid for Didcot to the Department of Communities and Local Government. 

To receive and consider report 30/06 of the Deputy Director (Planning and Community Strategy). 

Introduction and Report Summary

The draft Regional Spatial Strategy for the South West, (the South West Plan) has been published for consultation purposes. The document looks ahead to 2026, and will supersede the current Regional Planning Guidance for the South West (RPG10). Although the Vale is not in the South West, the Vale’s western boundary is co-terminous with part of the south west’s regional boundary. Although in the area covered by the South West Plan, the town of Swindon is just ‘over the border’ and therefore policies in the South West Plan relating to the Borough and its surrounding area are of particular significance to this Council.

The documents published for consultation include; the draft Regional Spatial Strategy itself, an Implementation Plan; a Strategic Sustainability Assessment; and a Pre-Submission Consultation Statement. 

These documents are currently held in the Planning Strategy team. Please contact Nick Burroughs or Katie Barrett if you wish to inspect them. 

The consultation period runs from 6 June to 30 August 2006. 

In summary, Swindon is identified in the South West Plan as one of 21 ‘Strategically Significant Cities and Towns’.  Relevant policies are included to, among other things; realise and develop the role of Swindon as a service and employment centre providing a high quality lifestyle for residents within and adjoining the town (SR1), ensure that social, cultural and educational requirements for the Swindon sub-region are provided for (SR7), maximise economic opportunities within the Swindon travel to work area (SR8), make the best use of land for development by the provision of a strategic urban extension on the eastern side of Swindon to the north and south of the A420 (SR9). 

This report summarises key elements of the proposed strategy and outlines suggested responses to the South West Regional Assembly. 

The Contact Officer for this report is Nick Burroughs, Planning Strategy team, tel. 01235 520202 extn 496.

Recommendation

It is recommended that the Strategic and Local Plan Advisory Group recommends the Executive to make representations on the South West Plan set out as comments in bold in Section 4 of this report.  

(Time: 4.03pm to 4.10pm)

(CouncillorBob Johnston declared a personal interest in this item and in accordance with Standing Order 34, he remained in the meeting during its consideration.) 

The Executive received and considered report 30/06 of the Deputy Director (Planning and Community Strategy), regarding the draft Regional Spatial Strategy for the South West.  This was known as the South West Plan.  It had been published for consultation purposes. 

The document looked ahead to 2026, and would supersede the current Regional Planning Guidance for the South West (RPG10).  Although the Vale was not in the South West region, the Vale’s western boundary met the South West’s regional boundary.  Therefore policies in the South West Plan relating to Swindon and its surrounding area were of significance to this Council.  Comments on the Plan were required by 30 August 2006. 

Swindon had been identified in the South West Plan as one of 21 ‘Strategically Significant Cities and Towns’.  Relevant policies included: realising and developing the role of Swindon as a service and employment centre providing a high quality lifestyle for residents within and adjoining the town; ensuring that social, cultural and educational requirements for the Swindon sub-region were provided for; maximising economic opportunities within the Swindon travel to work area; and making the best use of land for development by the provision of a strategic urban extension on the eastern side of Swindon to the north and south of the A420. 

The report summarised the key elements of the proposed strategy and outlined suggested responses to the South West Regional Assembly.  The Strategic and Local Planning Advisory Group had considered the report in detail at it meeting on 26 June 2006.  The Advisory Group agreed with the majority of the suggested responses but strengthened a few points.  These were set out in a briefing note tabled at the meeting.  The Executive concurred with these views.

RESOLVED

that the Executive makes representations on the South West Plan set out as comments in bold in Section 4 of report 30/06, subject to the following changes:

(i)         paragraph 4.12 should be amended to read "…just under 10%...";

(ii)        para. 4.18 should be embellished to reflect the difficulty in achieving the required rate of development in Swindon in the past;

(iii)       there should be a mention of the impact of the Swindon proposals on the market town of Faringdon and the surrounding villages;

(iv)       para. 4.31 should replicate the wording used in the South East Plan about the reservoir proposal. 

To receive and consider report 38/06 of the Strategic Director. 

Introduction and Report Summary

On 5 May the Executive was advised of the details of the 2006/7 Planning Delivery Grant (PDG) awarded to the Council, by the then Office of the Deputy Prime Minister (ODPM) as announced on 30 March.  A further report was promised to bring forward spending proposals following discussion with the Executive’s Planning Portfolio Holder.  These discussions have now taken place and this report provides a brief overview of the current PDG position and puts forward proposals which would commit the remaining uncommitted grant.  Delegated authority is sought for the Deputy Director (Planning & Community Strategy) in consultation with the Planning Portfolio Holder, to take forward and implement the proposals.

The Contact Officer for this report is Rodger Hood (Deputy Director, Planning & Community Strategy) (01235 540340).

Recommendations

The Executive is recommended to:

consider and endorse the proposals for planning delivery grant spending as set out in this report;

delegate authority to the Deputy Director (Planning & Community Strategy) in consultation with the Planning Portfolio holder to take forward and implement the proposals ensuring that spending remains within the available budget.  

(Time: 4.10pm to 4.37pm)

The Executive received and considered report 38/06 of the Strategic Directorregarding the Planning Delivery Grant.  On 30 March 2006, details of the 2006/07 Planning Delivery Grant award were announced to the Council.  Discussions had taken place with the Executive’s Planning Portfolio Holder to bring forward spending proposals.  The report put forward proposals to commit the remaining uncommitted grant.  Delegated authority was sought for the Deputy Director (Planning & Community Strategy) in consultation with the Planning Portfolio Holder, to take forward and implement the proposals.  It was noted that firm quotations had to be obtained for each.  The spending proposals were:

·         Establishment of a staff contingency fund to ensure that the service's staffing levels could be maintained and the impacts of staff turnover and absences on performance were minimised

·         Extension of the Enforcement Monitoring Officer's contract for a further two years

·         Market premia payments to planning officer posts

·         Production of a new Vale design guide

·         Funding of a tree preservation order review

·         Electronic capture of planning application records currently held as microfiche

·         Purchase of new digital cameras for committee presentations and site visit recording

·         Purchase of new database for managing Local Development Framework consultation

·         Purchase of system to provide an electronic link between the Local Plan 2011 proposals map and Local Plan policies, using a postcode or street search facility

·         Transfer of EnglishHeritageListedBuilding data into the Planning Service's Uniform system

·         Update the Ordnance Survey map base held in the service's Uniform system

Members supported the proposals but requested that the officers liaised with the Council's ICT staff over compatibility of the planned computer systems with the Council's emerging ICT Strategy.  Members also suggested that consideration should be given to acquiring some ecology expertise.  The Deputy Director said that additional funds would be required for this.  Members also welcomed the planned updating of the Ordnance Survey maps and the planned publication of a design guide. 

Members noted that although the Planning Delivery Grant was not ring-fenced to planning alone, the purpose of the grant was to improve planning performance.  Once the Government Office for the South East's targets had been met, consideration could be given to targeting some of the grant to other services. 

RESOLVED

(a)        that the proposals for planning delivery grant spending, as set out in report 38/06, be endorsed;

(b)        that authority be delegated to the Deputy Director (Planning and Community Strategy) in consultation with the Planning Portfolio Holder to take forward and implement the proposals, ensuring that spending remains within the available budget. 

To receive and consider report 39/06 of the Strategic Director. 

Introduction and Report Summary

This report recommends the adoption of a Local Environmental Quality Enforcement Strategy to guide the Council’s enforcement work on envirocrimes. This will be a working document subject to consultation and finalization in September 2006. In pursuit of this, the report recommends the adoption of a charging regime for Fixed Penalty Notices (FPNs) and other actions to allow their implementation from September 2006 onwards. It also indicates the offences for priority action.

The report also recommends consolidation of already agreed envirocrimes policies into a consolidated Environmental Health Enforcement Policy for consultation and finalization in September 2006

The contact officer for this report is David Stevens, Assistant Director (Environmental Health) telephone 01235 540378

Recommendations

(a)               thatMembers approve the draft Local Environmental Quality Enforcement Strategy attached at Appendix 1.

(b)                that Members recommend to Council the Charging Scheme for FPNs as attached at Appendix 3

(c)               that Members note the level of existing support for a Local Environmental Quality Enforcement Strategy outlined in Appendix 2 and agree that the proposed route for consultation and engagement should be to:

(i)         apply the draft Strategy as an interim strategy pending consultation

(i)                  address the outcome of public consultation over July and August 2006

(ii)                finalise the Strategy in September 2006

(d)               that Members approve the approach to enforcement policy changes, namely to

(i)                  consolidate previously agreed FPN criteria and Fly-Tipping prosecution presumption into the Environmental Health Enforcement Policy

(ii)                 consult on the consolidated Environmental Health Enforcement  Policy

(iii)                bring the Environmental Health Enforcement Policy to September Council

(e)       that Members note the proposed implementation and priorities for FPNs from September 2006 after a period of public awareness raising

(f)         that Members note that with existing resources it will be possible to provide a low level reactive response to incidents but not to extend this to patrolling or surveillance activities and that both the level of activity and related resource needs will be kept under review.  

(Time: 4.37pm to 4.53pm)

The Executive received and considered report 39/06 of the Strategic Director, which recommended the adoption of a Local Environmental Quality Enforcement Strategy to guide the Council’s enforcement work on envirocrimes.  The document would be subject to consultation and finalisation in September 2006.  The report recommended the adoption of a charging regime for Fixed Penalty Notices and other actions to allow their implementation from September 2006 onwards.  It also indicated the offences for priority action.  The report also recommended consolidation of already agreed envirocrimes policies into a consolidated Environmental Health Enforcement Policy for consultation and finalisation in September 2006. 

Members supported the proposals but asked that clearer descriptions of the various terms (e.g. fly-tipping) were provided for the public.  It was noted that early payment discounts would be given for payments of fines within ten working days. 

RESOLVED

(a)               that the draft Local Environmental Quality Enforcement Strategy, attached at Appendix 1 to report 39/06, be approved;

R E C O M M E N D E D

(b)               that the Charging Scheme for Fixed Penalty Notices, as set out in Appendix 15 to these minutes, be adopted;

RESOLVED

(c)               that the level of existing support for a Local Environmental Quality Enforcement Strategy outlined in Appendix 2 to report 39/06 be noted, and that the proposed route for consultation and engagement should be to:

(i)         apply the draft Strategy as an interim strategy pending consultation

(ii)        address the outcome of public consultation over July and August 2006

(iii)       finalise the Strategy in September 2006

(d)               that the approach to enforcement policy changes be approved, namely to:

(i)                  consolidate previously agreed Fixed Penalty Notices criteria and Fly-Tipping prosecution presumption into the Environmental Health Enforcement Policy;

(ii)                 consult on the consolidated Environmental Health Enforcement  Policy;

(iii)                bring the Environmental Health Enforcement Policy to the October 2006 Council meeting;

(e)       that the proposed implementation and priorities for Fixed Penalty Notices from September 2006 be noted, after a period of public awareness raising; and

(f)         that with existing resources it will be possible to provide a low-level reactive response to incidents but not to extend this to patrolling or surveillance activities and that both the level of activity and related resource needs will be kept under review. 

To receive and consider report 40/06 of the Strategic Director. 

Introduction and Report Summary

The Government recognizes the value of trees and the need to plan for a more sustainable future so it encourages Local Authorities to produce long term plans for the care of its trees. This policy document is our response to this encouragement and it sets out a series of actions that will help maintain and increase the number of trees within the Vale.

The contact officer for this report is George Reade, Landscape Officer (Arboriculture) 01235 520202 x 504. 

Recommendations

that the Council adopts the policy document. 

(Time: 4.53pm to 4.56pm)

To receive and consider report 40/06 of the Strategic Director, which recommended a tree policy.  The Government had recognised the value of trees and the need to plan for a more sustainable future.  It encouraged Local Authorities to produce long term plans for the care of its trees. The policy document was the Council's response and it set out a series of actions that would help maintain and increase the number of trees within the Vale. 

The Executive supported the draft policy but suggested three changes:

·         Paragraph 1.2(b) to be amended to read "Increase public involvement by considering the implementation of a new district-wide parish tree warden scheme…"

·         The second sub-paragraph of paragraph 2.2 to be amended to read "In the river valley, moisture loving trees such as willow and poplar are common."

·         Paragraph 4.4 to be amended to add "The planting of native deciduous trees is encouraged."

R E C O M M E N D E D       (by seven votes to nil)

that the Tree Policy document, as set out in Appendix 16 to these minutes, be adopted. 

To receive and consider report 41/06 of the Strategic Director. 

Introduction and Report Summary

This report relates to the Direct Services Organisation (DSO) performance and financial review and its viability as a Council service.

It also relates to Address Management which has been integrated into the DSO administration.

The Contact Officer for this report is Bill Farrar, Deputy Director (Commercial Services), Tel: 01235 540202 ext 356

Recommendation

The Executive is recommended to:

Recognise the high performance of the DSO during the past 12 months and its continuing improvement.

Endorse the continuation of the DSO subject to its ongoing financial viability and achievement of its Business Plan.

(Time: 4.56pm to 4.58pm)

The Executive received and considered report 41/06 of the Strategic Director regarding the Direct Services Organisation's (DSO) performance and financial review, and its viability as a Council service. 

The DSO’s work consisted of a wide range of useful services to the Council and external customers:

• sewer treatment works, sewer blockages and emptying septic tanks
• minor building works and repairs and maintenance of car parks and public conveniences
• emergency call-outs, flood prevention, committee set-ups and internal office moves
• Address Management, the generic term for the statutory duties relating to street and property naming and numbering, as well as road closures, was also given to the responsibility of the Deputy Director (Commercial Services). In order to manage both aspects, Address Management was linked to the DSO which enabled them both to share admin resources with additional support from Building Control

Over the past 12-months, the Deputy Director had worked closely with the DSO introducing significant improvements such as:

1.      Increased income through generating more business and setting relevant operative rates

2.      Prompt recharging and termination of DSO recharging back to itself

3.      Better financial control with simplified accounting and reporting systems

4.      Reduced expenditure through better procurement and operational and admin efficiencies

5.      An overall commercial approach

The DSO had risen well to the challenge and showed all the signs of being a strong successful business-like unit that had real potential to develop.  It had provided excellent minor building and drainage services to various external bodies and generated substantial income.  It also provided similar services to many Council departments and was always on hand to deal with emergencies.  The professional and committed attitude of the workforce added confidence in this well-organised and efficient unit, which was a credit to the Council.  The high demand for its services and the quantity of compliments illustrated the popularity of the section.  Assuming a steady plan of improvement was applied it was hoped that the budget deficit, already reduced significantly in 2005/06, might reduce by further over the next few years.  A five-year Business Plan was being prepared in which there was a real expectation to financially break even in 2008-09. 

The Executive concluded that the DSO provided the community with a cost effective quality service which could enhance and support the Council through its e-working and procurement of contracts.  The scope for business development had been demonstrated by the recent return of the Vale public conveniences cleaning contract which should produce an effective saving to the Council as well as providing more control and improved standards.  The DSO was continuing to explore with other local authorities ways of making services better and more cost effective through possible partnering and joint working. 

RESOLVED    (by seven votes to nil)

(a)        that the high performance of the DSO during the past 12 months and its continuing improvement be recognised; and

(b)        that the continuation of the DSO be endorsed, subject to its ongoing financial viability and achievement of its Business Plan.  ...  view the full minutes text for item 55.

Appended to this agenda is the covering report 35/06 of the Assistant Director (Environmental Health) to the Licensing Committee.  The Committee met on the 5^th July to consider the report in detail and make recommendations to Council.  The covering report is on this agenda for the Executive's information only.  

The Gambling Bill was introduced into Parliament on 18th October 2004. Following consideration by the House of Commons and the House of Lords, it received Royal Assent on 7th April 2005, and became the Gambling Act 2005.

The Gambling Act 2005 will modernise gambling legislation, which is currently regulated by the Gaming Board, local magistrates and local authorities. The existing three Acts, the Betting, Gaming and Lotteries Act 1963; the Gaming Act 1968; and the Lotteries and Amusements Act 1976 will be consolidated into a single Act. These will all be repealed in September 2007. 

The purpose of this report is to advise Members of the scope of the Gambling Act.  It also sets out a programme to develop a draft statementof policy, to consult upon its contents and to publish a final statement in line with legal requirements.

Recommendation

Members are requested to note the scope and likely implications of the Gambling Act 2005 and the proposals for drafting, consultation and finalisation. 

(Time: 4.58pm to 5.00pm)

Appended to the Executive's agenda was the covering report 35/06 of the Assistant Director (Environmental Health) to the Licensing Committee.  The Committee met on the 5 July 2006 to consider the report in detail and make recommendations to Council.  The covering report was before the Executive for information only. 

The Gambling Act was introduced on 7 April 2005.  It modernised gambling legislation, which had been regulated by the Gaming Board, local Magistrates and local authorities.  The existing three Acts, the Betting, Gaming and Lotteries Act 1963; the Gaming Act 1968; and the Lotteries and Amusements Act 1976 would be consolidated into a single Act in September 2007. 

The report advised Members of the scope of the Act and set out a programme to develop a draft statement of policy, to consult upon its contents and to publish a final statement in line with legal requirements.  Members noted that the Licensing Committee had recommended a draft policy to the Council for consultation throughout the summer. 

RESOLVED

that the scope and likely implications of the Gambling Act 2005 and the proposals for drafting, consultation and finalisation be noted. 

(Time: 5.00pm to 5.01pm)

As two and a half hours had passed since the start of the meeting, the Executive considered whether to continue the meeting to conclude its business, in accordance with Standing Order 27. 

RESOLVED

that the meeting continues and concludes its business within the next thirty minutes. 

Attached is the final version of the Green Travel Plan and Members' endorsement is sought. 

Recommendations

(a)        that the Green travel Plan be adopted;

(b)        that authority be delegated to the Deputy Director (Planning and Community Strategy) to make any minor editorial amendments; and

(c)        that authority be delegated to the Deputy Director (Planning and Community Strategy) in consultation with the Executive Portfolio Holder with responsibility for the Green Travel Plan to approve arrangements for its launch. 

(Time: 5.01pm to 5.05pm)

The Executive received and considered the final draft of the Council's Green Travel Plan for officers and Members.  The Executive asked that the Vale logo and the Council's name were included on the front page and that the Plan was launched on 1 September 2006.  Members also requested that a copy was placed on the website for staff and Members. 

RESOLVED

(a)        that the Green travel Plan be adopted and published on the Council's website for officers and Members;

(b)        that authority be delegated to the Deputy Director (Planning and Community Strategy) to make any minor editorial amendments, including the Vale's name and logo on the front page; and

(c)        that authority be delegated to the Deputy Director (Planning and Community Strategy) in consultation with the Executive Portfolio Holder with responsibility for the Green Travel Plan to approve arrangements for its launch on 1 September 2006. 

(Time: 5.06pm to 5.15pm)

During the discussion of the Exempt item on Energy Contracts (minute Ex.62 refers), Members made a recommendation to the Council for a policy to be adopted to purchase renewable energy.  This was not directly related to the Exempt item and therefore was brought into the public minutes for recommendation to the Council. 

It was recognised that only using renewable energy could increase the Council's energy bill but would support the Council's greener ambitions.  The Assistant Director (Estates Management) had warned that renewable energy was not always available.  Members asked that it was used wherever possible. 

R E C O M M E N D E D

that the Council adopts a policy of purchasing renewable energy, wherever possible. 

The Chair to move that in accordance with Section 100A(4) of the Local Government Act 1972, the public, including the press, be excluded from the remainder of the meeting to prevent the disclosure to them of exempt information, as defined in Section 100(I) and Part 1 of Schedule 12A, as amended, to the Act when the following items are considered:-

Item 27      Minutes

(Category 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information.)

Item 28      Energy Contracts

(Category 3)

Item 29      Property Matters

(Category 3)

RESOLVED

that in accordance with Section 100A(4) of the Local Government Act 1972, the public, including the press, be excluded from the remainder of the meeting to prevent the disclosure to them of exempt information, as defined in Section 100(I) and Part 1 of Schedule 12A, as amended, to the Act when the following items are considered:

Minutes

(Category 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information.)

Energy Contracts

(Category 3)

Property Matters

(Category 3)

SUMMARY OF EXEMPT ITEMS CONSIDERED AT THE MEETING OF THE EXECUTIVE ON FRIDAY 7 JULY 2006 AT 2.30PM

Ex.61      Minutes

The Exempt minutes of the Executive meeting held on Friday 2 June 2006 were adopted and signed as a correct record.

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Ex.62      Energy Contracts

The Executive received and considered a report from the Assistant Director (Estates Management) and approved the letting of an energy contract. 

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Ex.63      Property Matters

The Executive approved a lease and an easement, and authorised the purchase of a property. 

To adopt and sign as a correct record the Exempt minutes of the meeting of the Executive held on 2 June 2006, (previously circulated).

The Exempt minutes of the Executive meeting held on Friday 2 June 2006 were adopted and signed as a correct record.

To receive and consider the attached briefing note of the Assistant Director (Estates).  

The Executive received and considered a report from the Assistant Director (Estates Management) and approved the letting of an energy contract.  

To consider any property matters. 

The Executive approved a lease and an easement, and authorised the purchase of a property.